Star.
London, England, 1817-08-06 00:00:00

STARRING.

Yesterday Oliver, a first-rate Pugilist, had his benefit at the
Fives Court •I he two little men, Brown aid Beasce, u!:v
fought the third battle on the last fighting day, gave a good dis-
play of courage and science, and both had test. Belatco, whim
was beat by.Keynolds, skewed play vii h Lazarus. "here
was also a libe treat betwe:u Belcher and Lancaster, but the
masterly action of the former kept his frame perfect. Cr;bb stud
Oliver gave an amusing treat of fine science and strength of !et •
Ong. Bales sparred with Purcell, and the little Black ruffi—
a little Jew'sbeati about most unmercifully. It was an jilt. •-
ing bout ;143 with Randall and West Country Dick :=ey.-
other matches of inferior note took place, and the candidates st: tfC
so numerous, that the Court got clear, leaving thirst at it. Sctog-
gins and Tallier were present, as alsts, Richmond, ILadaU,

PEDESTRIANInII4.
irakrtoo Tow, who for 100 guineas has undertaken to walk in
* sack one hundred miles it. ten successive days, (Sunday excep-
ted,) yesterday morning commenced his ardtious ut,d..riahirg
Mann's Cricket-ground, Sloaue•squre, !• c•a, at eh:4c
and at tight In the evening be completed his tenth unit. I:c
quite confident of succc;s.
Barmen, the celebrated Pedestrian, who Is now 73 yes.rs c'd,
has undertaken to walk 500 miles within ten succeissive
He starred at eight o'clock on Saturday morning, near Lark-ba'l,
on the Ulipham Lower Road, and is pledged to complete his task
by foul o'clock on the alternoon of the 12th of August.

An ox. be' n.ling to Lord Dutscatt, was killed ?t
Lundie IL;use, by the lightning, last week.
Thursday, as ,loin CLARKS:, Esq. of Wind,:or, •xls
standing in the paved yard behind his Louse.
ground suidenly gave way, and precipitated him
into a well, of tshich no one knew the ezistenc..t. Fru-
ridentiagy Mr. CLARK'S feet rested on a traverse
beam, and he was thus .-escued from being ingu!pited
in a depth of stagnated water.
Cumeos AtircuoTE—ln the year 1720, celebrated
for the bursting of the Swath Se;i a Gent), 111A.1
called late in the evening at the banking house
Messrs. HANKtiv and Co. lie was in a coach, but
refused-to get out, and desired that one of tile par:.
nen of the itemise wou'.l come to him. I-I..v;ng asce:-
taine that it was really one r f the principals, and riot
a clerk; who appeared, he put into his Lands a parcel,
very emu:fully sealed op, and desired that it might
be laid on one side till he should call again, wi :ii
would be in the course of a few days. A few days
Fs:ea away--a !ew weeks, a few months, but the
stranger never rewired. At the end of the second
or third year, the partners agreed to open this mys-
.ttrinas parcel in the presence of each other. They
found it to contain Je:sq,ouo, with a letter, stating
that it was obtained by the South Sea speculation,
and directing that it should be vested in the banns .0
three trustee:, whose names were mentioned,
-intezcst appropriated to the mixt of the poor,
, war as.coldingly dune.

LilW LIV 7 T LUG ENCE.

Cnt.TR OF Cll INCI.IIY. AUGVAT 3.

FiLyra AND DI HL RN 2, IDE 111 Kph DV Tf!

1:4:v. U. isa:AVEit ..nn oTtlizts.

8 r V.:rel. Rotaiu..i sail, rnis was a motion on
the ;•iat .4 the ....etendatits, praying his Lurdship to
erd t'i I (:: ritleMin had, on an application
V:ce 0'44.3019r, been appointed receiver in
CALN Stl'All.l he enavivered to canse survey% to
mid? of certain chinch estates in the P.-ash of
nattier, and sever.il other Pa:isties in Norfolk and
suil.oik, ar.d the tithes }1!)•1 other ecclesi.o.tiihr pros
petty to b • valit..l ; that t(e Receiver should also,
tie ,pproh,tiitoi tat the Maiter, b-: aliowed to
NH, of the money in his iiands tor•reoairing
t-:11111:!1", pats `littie-houle-, and other pre..
wits s, to let the property on lease, and tha' he should
turtiter be :411.)weJ. w;0) approbati in of the
t,l,p,rer, tC hring actin;, alut to pay out of the nu).
• my ii fi;s hunts the cost 'if certain legal proceed•
tcc. power; were required for the bene-
fit of the pr.p.i ty, ant w,r- to be exerei...,l
en:y with the consect n( the Master. Dirt,tites had
t.a>en reyecting the tit! es, whis:h renderci a survey
•T, y cumArl •
!!. 1 i Att.*, on !).: nt. pl ATM.; TS. contendet!
R.:crlyer t..ty been .iyoitited, with
er:ry it; it thert 're 1114, unoti A;
vas altogether uncalled tor. ile, in particular, oh-
,:cted to allowmA the c• sa incurred i.i legal proceed.'
.ngs to be paid by the Receiver, even with the con-,
sent of the Maim, as that sill giving a power which
wonld take away the right of the parties to the final
decision of the Court on the question of eons. Upon
the wholt! it appeared that the powers oldie Rteeiver
were already sufficient, and that they ought not to
be extended.

Sir SAMUEL RortILLY said, that this application
a Merest from that on e h'ch the Receiver had been
appointed by the Vicr-Clienceltrr. Some things had
Kan asked in that motion which were not included
in i: is; and several ;sewer. were now requested
whice made no part of the former application. It
sue ir WAS the interest of the plaintiffs, as well as the
deli/dints. that as little expense should be' incurred
as pcssiSle ; and he could not, therefore, understand
hew it happened, that a general order was objected
Le; for if that geaeral order was not granted, it
wee Id be necessary to make repeated applicatioas to
the Court. and on each occasion there would be a
distiect report of the Master. This certainly was
not the way to avoid expense. With regard to the
payment of bills f.sr repeirs, it was become necessary
that such a power should be given, as the Bishop of
Nerwich had given notice to the Receiver that he
mu. keep the pirsonage.house in repair. If an ath•
davit et this tact was necessary, it would be produced.
The LORD CIiANCELLatt said the affidavit had bet-
ter be made; and its the mean time directed that the
emotion should stand over until vemorrew. •
PATEN 1* 11EAD-IIitiT3HES.
ASETCALI v. ThoMPboß.
Sir SAUDI& Rummest moved to dissolve an injunc-
tion granted by the Vice• Chancellor, to restrain the
defenden. from pirating the parent of the plaintiff;
which ht• obtained in September last, for hair brushes
to clean the hair, and, at the same time, the skio of
1? ocnli ( which Oh? rephited at the time.)
The L ,ito CHANCELL it asked if this motion was
opposed, and no Counsel appearing, his Lordship
observed, that the injunction moist be soon brushed
A it the motion was not opposed.
Mr. Leecta then appeared in Court, and said he
bud ins. r uci ions to oppose the motion.
Sir SAMUEL ROMILLY, in continuation, said that
the plaintill professed himself to be an eminent brush-
maker, and had made some excellent improvements
in brushes, for which he obtained a patent. The
defendant did not deny that he made brushes of the
same kind,' but he attested most positively, that the
invention of the plaintiff was nothing ; it had been
known from time immemorial to the trade. In all
brushes the hair was first uneven, and the only im-
provement of the plaintiff was selling the brush in an
uefiiiished state. This certainly was a thought or
invention of the plaintiff that never come into the
. bead of any of the trade before, for they never before
thouight it right to sell a brush in an un6nished state.
• However, unfortunately for the plaintiff, there was
'au old brush in Court, which had bees useably a per-
hurler, a wig-maker. a wig-dresser, Ike. df the name
et Fox, for thirty years antecedent to the patent of the
plaintiff, which wes exactly the same in principle.
The LORD CIIANCF.ILOR" Pray, Sir Samuel, is
the brush you allude to a Fox's brush P"
Sir S. Romieee (whose reply, horn the laughter
crealed by this witty remark of his Lordship, we
could not collect) proceeded...." The defendant
brought his action in the Court of King's Bench,
against the plaintiff, by the way of ,tire facial, to
oblige him to prove his ntent, which was to have
been tried before a Special Jury'; but was prevented
by the injunction of the Vice-Chancellor. One of
the arguments on that occasion was, that the defen-
dent had his brushes stamped in a similar way as
!bore of the plaintiff's.
The I,IIID en A eceeenn—to Shew me these brushes.

it is certainly curious enough tc see a Lord Chancel-
. Ice obliged to be a judge of brushes." The follow-
ing were then banded up :—four head or hair brushes,
nix long broom, three shoe brushes, three tooth-
brushes, one knee-buckle brush, and three clothes
brushes. His Lordship examined them.
Sir S. Romiti.x admitted it was not proper that
the defendant should use the stamp of the plaintiff on
his brushes; but it would be recollected that the lat-
ter had only a patent for the hair or head brush, and
that be bad marked ail his other brushes in the same
%Kay, as it he had received a patent for them. For
:',stance, the broom was stamped, the tooth-brushes,
Sec. which were before the Couir, and be had nu
c:ltibt but his Lordship had minutely examined them,
::::c1 if the defendant stamped his in the same way,
he hoped that Mr. Leach would not carry his aro-
nlity so far as to brand it with the epithet of its Indus
dime to delude and deceive the public.
Mr. LEACH--" I think we ought to he allowed to
amend, our affidavits as to the stamping of the brushes."
Sir S. Rostrum said he was sure the Court would

llig!)est imporranfr fn the working coming:oy, for,
by the injunction, s: yeral hundreds of journeymen be-
longing to the tr.*da had been unemployed for the
fast seven d sys. His Lf.rdship, thereiote, be W4s
confident, would disc •Itre the injunction ; the brush
in Court, .belonging to Mr. Fol. which fled been in
use for thirty years brtisholg wigs, spewed that the
plaintiff was not entiikil to his patent.
The LORD CHANCULIIII —" Hand me the brush of
this old wigmaker. It must be a curitosity, after
being so long used by him. It certainly is an antique,
and looks.uneommonly well."
Mr. If your Lordship looks minutely
at it you will find it similar to the head-brush of the
folaintiff, only his looks more fresh."
The LnRD CHANCELLOR That is because it is
57unzer pa
Mr. •U. HE D then followed on the same side with
Sir SAMUEL Rol/ILLY.

The Lotto CHANCELLOR—" However I may hare
been Amused with this Las?, as w•rh as those around
use, yet I do not think the specification of toe patent
will bear the plaintiff out. Hn says it is for clean-
sing and adjesting the hair, and at the same time he
contends here it is 41,0 to effect another purpose."
Mr. LIACH, Counsel for the
perhaps tlwie never was 4 cas-I of greater importance
to the public than the present, as it retarded pa-
tents. It made no conseimence whether is was A •
hait-orush or a steam en.!iiie. 'Eve patent was grnntesl
to the glavniitf in conovieuce of his invention tr ,
arrange and demise the hair by his brushes, and if
this was a new invention, could it be contended that
he was not entitled to the benefit of the p.:tent ?
ft had not been attempted to be sworn that the plain-
tiff had not made a new arrangement of the hairs in
thy brushes. He agreed that the stamping of all the
Plaintiff's brushes, as it be had a patent, was of the
utmost consequence, and he WAS sorry he was rt,,t
furnished with athdavits as to th it point. But the
question for his Lordship to com:d• r was, whether
the Plaintiff had or had not a patent ? and whether
he had or not, it was of the utmost consequence to
him that the Defendant should he restrained from
selling his brushes, As it they were the ns inulacture
of the Plaintiff, and perhaps hereafter, on this ground
it would be necessaly to make an application to the
Court.
Sir SAMUEL RONIILLY" The Defendant denies
that he uses the same words cn his label, as that of
the Plaintiff."

Mr. LEACH said, he did not contend they were the
same words, but that they conveyed the same mean.
ing. The Plaintiff wished the question to be tried in
a Court of Law, and the charge of delay was not
applicable to him, as he wished only far a Special
Jury, on account of the importance ot the question to
the Public, and particularly tradesmen. Under these.
considerations, he had no doubt but his Lordship
would continue the injunction.
Mr. 'remove followed, and stated, that in a con-
versation be had had with Isis Lordship, he expressed
great doubts respecting the validity ot a patent which
cJvered the whole ot a machine, without the whole of
it was new. The brushes were not liked tormtrly in
their present shape, but they had now come into great
repute. He would leave it to Sir Samuel Rot:1611y to
say. it this was not the case.
Sir SAAIVIL itnatsta.e..-1, My Learne*Facid does
me great honour, but I grant him the boon of judg-
ing how revolutions in the public taste are accom-
plished."
'l'he Loan CHANCELLOR" I have examined the
eld brush, and see it is rather carious ; but when any
of us has been as much worn, we will be quite as
antique."
Mr. TnasLove said, he advised his client not to
shew his brush when the injunction was granted.
The Loan CHANCIILLOR" He was bound to have
exhibited it, and in future on such an occasion, let it
he understood, that the article charged to be imitated
shall be lodged in the Master's office. I remember
in a case of waste, that a person made an affidavit.
and actually affixed his oak trees to his affidavit, to
thew the nature of them." •

Sir SALIUSL RosIALLY rose to reply.
The LOAD CIiANCILLOII--.Sir Samuel, MS may
save yourself the trouble of replying, as I have made
up my mind on the question. I am decidedly and
clearly of opinion that. the plaintiff is not by. any]
means entitled to the relief be asks for by his applica.
tion for the injunction in the first instance. It may be
useful for tradesmen to know, as I see a number of
them in Court, that though they may manufacture a
certain article in the course of their trade, yet they
are not at liberty to sell it to the world as the pro.
petty which had been manufactured by another. I
do not know, perhaps, if I make myself understood,'
but I mean that A cannot publish any work or sell
any thing as the property of B, unless he distinctly
avows himself to be the agent of B. The Court have
already, as all of you know, decided this in a variety
of instances. Day and Martin's blacking came on
before us last summer, and it was then held that
though a firm Oa similar naturemas established with
that of Day and Martin, yet that firm could not sell
their liquid as the liquid manufactured by the origi-
nal Day and Martin, even though the original firm
had never obtained a. patent, and did not alledge in
the slightest degree that they had such a patent.— I
The same decision bad been given respecting the'
Wonderful Magazine, where you know it was dal-
ded that though many Wonderful Magazines might
be published, still the persons so publishing had no
right to pass their Magazines as the productions of
the plaintiff. I remember also a case in the Strand,
where a Mr. Myson had a signboard, 41 Myson's
shoe warehouse," and another tradesman wishing to
establish a rivalship, placed his son in the very neat
shop, and put up a signboard se My Son's shoe ware-
house," thus wishing to palm his son's shop oh the
public as Myson's shop. The Court, in this case,
came precisely to the same conclusion as I feel my-
self bound to come to in this. I am pleased with Mr.
Treclove's a:gu ment, and I temember the cobversatioo
he now alludcs'to. I am well aware of the opinion
I then gave lit the case, and one which I still do ad-
here to, though I am ready to admit, that during the
time I have beeil at the BAT. and presided here, much
altercation bas taken place respecting the law of Pa-

informed that therm wars to getion pending in the
Court of King's Bench. not at the instance of the pa-
tentee, but of the Jetendant, by a orirefuriar ; and he
would unquestionably have in. that case at once re-
fused the injunction ; but being furnished, as he was,
with such a deficient state of facts, he could not do
otherwise than he did. The opinion I gave to Mr.
Treslove was whet I always felt, and was indeed the
principle on which I acted during the short time 11
held the office of Chief Justice in the Common Pleas;
and ind ed it is, in my opinion at least, founded on
equity and just views of law. In this particular in-
stance. *lieu one sees that the patent WJS granted in
September, and the application for the injunction was
on:y made in July, and when the practice of the Court
io every instance is considered, I am bound to say, I
will not allow the injunction to be supported. The
conduct alas of the patentee in all ming a stirs facia:
to be raised against him, made the use more against
him ; and therefore I do hereby order the injunction
to be dissolved, and let it be this moment dissolved.
f ant anxious alwaysoin every instance, to preserve
the right of pat..nwes, but I ant not here put in pos-
session of such :acts as would induce roe, or any
Judge, to consider this sulliciently made out for my
sustaining it. For the purpose of establishing the
practice of the Court, I do hereby peremptorily order
that the brushes now prodocerl, and spoken of in the
'a-.ll.Lorits, be lodged in the Master's Oflic., as exhi-
bits, and let this he the practice in all cases in future.
he parties may do as they please with the la* mt.
but I shall not interfere, nor nuke any other order
than for the immediate and absolute dissolution of the
injunction. You may do as you like about the suit
stirs facie*, but perhaps, Mr. Leach, the stamping
might he put on the record.— Injulction dissolved.
The Court Was excessively crowded.

) They all tumbled to pieces ; there was too mur:t wa-
Iter put into them ; they had not been writ tempe-ed.
Mr. Justice BAY utv.Have you known better
bricks to have keen made in a clamp'
Witness—Ten hundred thowand times, my Lord.
1 (4 laag4.)
Serjeant VarcittaN appealed to the .Tory, whether
the single testim ny uf Woodward wis on: I)etter
' than all the evidence on :h., other side They saw
how Allcock gave his evidence, and:they cc uld not
fail to form a right judgment of it. He did not at
all like to see a,vaitilei4,,blillklng his evidence (Ail.
`crick had alwar kept, his, tight eye half shut). They
!could not see whether he had an eye in his held.
They might raj, 'upon ii° no wiiness was to be c...-
dited who could riutlnolt the Court and Jury in tise
face. Neither. would he or they be disarmed by 11. e
figure and face of a Lady in the brat.—(A tau;/r.)
But at last came Mr. Sermon, to preach them into 4
verdict, by sleepy assertions as to water and burning.
and thousands and hundreds of thousands. ( 4 Iv.gh.)
Had the OlaintilT brought his action against Al:ciAk,
the pl-a would have been that Preston was the per-
son liable. The Jury would give their verdict fur
tbp plaintiff, since tkey reertiied only justice : and
then Allcock and Pr, sins alight settle their rents arid
balances as they pleased.
The JUDOe state,' it to he clear from the evidence,
that zt.e . -ereement was with Ailcock, and that tl.e
brick. wet,. baJ.—Writict for the defendant.

warmly e. Wr-11MT.
The plaintiff hi:d many years since lent £lOO w
the iqendant, his nephew, who soon afterwards fell
into embarrassed circumstances. The uncle slid he
wiaild not press him for payment. The detenJart
had lately come into possession of some real property
in Birmingham. The plaintiff asked payment, titi: the
statute of limitation to six years wis pleaded. Ti e
action was brought in hopes of making it appear that
the debt had been admitted within six ye.rs; but
when the evidence was almost r,-ne through, the
JuJge said he daought it tvoold not du; and tl.e
tiff agreed to be tionsii:LA.

LIEDGEs v. DELBVAN.
This was an action to recover payment for a mare.
The plaintiff, a wholesale grocer in li:rmingh sm, had
sold a mare oa the 'IS I Joy, Ibl6, to defendant,
likewise a grace- in Lii:minAliatii, bi.t who has sites
gone to America.; it was agre'ed that the price shout,'
he 50 giiine,is, pay tole by b'lls at six months fin,*
the 14th of Septitidier following, and that the plait.
tiff should keep the mare till the lA of September, if
the defendant did not find it necessary to take her
away earlier. The dtfendant sent for her every day
to the plaintiff'. stable, and rode let for scv
weeks, from the '23.1 g.f. July tn the 7th of August ;
he then represented to the plaint;ff ihai die was lame.
The plaintiff sent for Parker, a farrier, who told him
he had better have no law suit about it. d, A very
bad advice that was," exclaimed Mr. CLAIIKE.-.—(4
laugh.) At last the mare was left in Tay's livery
stables; and word was sent to the plaintiff that she
was there at his expense. After much contrad.cv.ry
and unsatisfactory evidence had been gone through,
his Lordxhip said, that since the defendant had kept
the mire so long, rode hut. co much, and quitted her
I .io abruptly, it seemed clear the July must find
LJe pl.undtF. 11....iict tor the plailittir—Dzanattrs
guineas.

Sunday, the men and boys, amounting to 22 in
number, who had been acquitted at York, or discharg-
ed for want of sufficient evidence to put them on their
trial, were met on their approach to Huddersfield by
An immense number of men, women, and children,
who hailed their safe return. The scenes which were
exhibited between the men and their families, and de
boys and their parents, at this happy meeting, we shall
not attempt to describe. Whatever might he the dis-
position of any of the accused before they went to
York. it was evident that they had availed themselves
of the advice (.1 the tt tightcous Judge," as they stib d
Byron Wool), fur eve:: i t this liniment of exultation,
there was not the leis:: indication of tumult or excess.
COUNTY or Aestanit Assizzs.-11,1ore the lion.
Baron M'CLEA. LAND in the Criwn Court. and Mr.
Justice OSISDP t: in the Civil Bill Court.—Onne Wade,
a schoolmaster, iitdieted for tendering an unlaWtul
' oath to Jam 4 to become a Thresher:—
Guilty. llis 1.-%rdship. addressing the pi iso:.er, sa:d
this was not the first time he hal be n f
was tried in Dondalk, about three years ago, kr
a most infamous riot he and his party aloe tried for
assaulting and attempting to murder a man. on se.
count of religious opinions. The prisoner took a corr.
&pint:ins part, and leaned against a wall, instead of
the crutch which be usually made use of, and beat
him until life was nearly extinct. His Liirtlsh-ip cora
eluded by sentencing him to he tranlortetl ler Fie.
The prosecution against Mt. Rlorat O'Costr..a ;1
carried on by the General Post Cl:Ece, and the int ist-
ment charges him with awing concerned in a ece,ip;..
racy to rob his Majesty's Mail.
James Castle, convicted of s!"eep.stealing at the
Abingdon Assizes, was executed, on Saturday latt,
at Reading. Castle was the leader cf a nuinero
gang, and had in company with his at.setiates driv, n
away fifty-four sheep, with an intsnerln of destrcyi
them out ',l revenge to 1!:, owner, !-,ut was stupp,A,
11
alter killing seven, by the fears of his brother, eon.
victed with him, but since respired.

The Coggethall co:v:1) was OVe,Virned, or! Friday
last, just as it ve.is torning the corner cf the Black
Boy Inn, Chelionford, by wh;c't accident J,:sof
GiToTchtiah Mr. Messing,
.n
.1::sg:ofE who sat on the box with
therr, the Ityor of Colches.
ter, Mr. rase of Kirby, also cortide passingers,
were sevtlely hurt anc! rendered unable to precut rrt
their journry. An inf,irt under the care of :5 servart
inside the coach r,.ceiv.q.l some contusions on the h!eao.
The foilow,14:; sit)p!i*a- hill of fare is c liv,u trum
`the dinner ord6l/ hoqi Falcon Inn, GrAv,!!eed,
as ordered byl:a ltitkh4..e.ti7tain
• kirst Course.-1154 vor Cale boiltd, with pn.k e-u<nrp.
4d do —rin oinel•••.V.a do::..0 eggs, at.i v roa•tec; ;—ro
gram wilesi nett p.atni cat: ye
lks,ert—lirea .1 WO butter ! red hi rriopr, Cream. an.lbisetttb.
Fresh herring.‘ Ate r.oor daily brought to B. i 'burgh
market from Dtto'mr, and ate telling at 6i. the duzen.
CORN•EXCIIANGE, MAtiK•LANK. AIMICaT 6.—The
weather having br • ti. ince Monday, has occa-
',is morning, and
:es vivre obtained
; but all other
;ley, Beans, aod
'ard stared; •