Star.
London, England, 1804-07-06 00:00:00

1.4 W lATELLGENCB.

MUIR OP COMMON PLEAS, JULY 4.
SAITN, A PAUPER, . VAIMY.
The lit :iota, a nurfe, refiding at Blackheath.
brought her .o.lion to recover the amount of a hill
for wages and work done for the defendant. The
cafe appeared to cora lin :he blackest ingratitude on
the peek of the plaintitf. She had been taken into
the defendant's Insure from charity, and fupplied
with every neceffiry to make her comfortable in re•
turn for which, as fontl as the quitted his honfe. the
Wilted on being paid Wages, alledging (he was entitled
to M. a year. Ti was proved that no wages had ever
been offered, and that the had not been conattered as
a ferVant. but treated in every refpea, like one of the
defendant's family. The Jury therefore found a vet-
die for the defendant. - . •
wteifunte e. SLSIIT.
The plaintiff, a (hip-chandlers sadist atWapping,
brought hI. anion to recover the amount of a bill for
bifeutti bread, and other articles, fold to the deka-
(Lint, as owner of the (hip Providence, of Margate.
The defence to the aftion was, that the defendant
was not the owner of the vsiLl, bat merely an agent,
Being for his fither, who. at the time the goods were
lent on board the fhip, was regillered owner of the
eirel in theCsoitoms. It, however, appeased, that the
defendant had fince become owner, in confequenee
of
his father's death, and had reprefented hiihfelf to the
plaintiff, and feveral other tradefenen. as refponfible
• for an goods and neceffaries. fent to the &iv
Sir Jamas Mavens:A> therefore direaed the Jury
to end a verdia for the Plaintiff.
CORAPT V. 111‘CLU/S.
This cafe was fimilar to the preceding. The plain-
tiff furnithed the Captain of an American trader,
called the Horizon, with neceffaries for hinifelf, and
the ace ussmodation of paffengers. during thevoyage,
which were to he paid for by the defendant, a tefpec.
table merchant, °Wiwr of the (hip. The bill, or. being
prefented, was found to contain articles which the
Defendant confidered onneceffary for the (hip's oft,
and chargeable only to the Captain ; a reduttion of
sal. was therefore made, and the remainder of the
bill tendered into Court. It was proved the defendant
bad the bill in his poffefton, and might have made
(Mallon to it before the Captain faired, which, if he
had done, the plaintiff could have got his money
• The jury, therefore. in confequence of loch neglr.a,
kard a verdia for the plaintiff.

COURT 01,
.1[1:1001 BENCH, JULY 3.
a V. JUDAS,.
Tbe plaintiff was Rated by Mr. to be a
bleacher at Croydon, and the defendant a perfbn of
. jewifh perfuafion, whofe conchs& upon the prefent
occafir was not much calculated to do honour to his
tribe. - The anion was brought to recover sal. the
value of fix Rua tents for (olefins. The falls were
thee : in September lafi, the defendant lent 4.1 yards
of canvas, the quantity compofieg two tents. to the
Plaintiff, in order that they might be bleached For
the fame purpofe, another perfon of the name of Reu-
ben fent fix tents to the plaintiff. When they were
An, flied, an order was entered in the plaintiff's books
r their redelivery; but by fume rnikake in the entry,
B.:uben's tents were fent to Judah. The tents were
no fooner pitched on Judah's land, than he refoleed to
defend them as his own. The fu tents were do.
*minded of him. but he ftfafed to give than up. "To
your tests. 0 Iliad!" was the cry of the defeendaat
of Jacob, and he determined, if new to go to war, at
haft to go to law. Accordingly, rather than port with
what had thus unlawfully come into his polleffion, be
(offered himfelf to be cited before the Sanhedrin" of
theZenet of King's Bench. The fall of Judth's fur-
reptitinus occupancy of Reuben's tents was folly futs-
Rantiated, no fufficient defence was made, and the
plaintiff had a verdift for the value of them.
• JOLT 4,-111021MS V. stows.
The Plaintiff is a merchant in the city; the De-
fetsaant is a burfe dealer in Cllpflone-fireet, Fitzroy-
(quart. A mare had been bought by the former of '
the latter, for the fun of fifty guineas. She was ad-
vertifed to be of a chefnut colour by Soldier, from •
bleed mare. She was Paid to be fix years old, fifteen
Banda tarn inches high, equal to carry fourteen (lone,
trot excellent hunter (or kin:refs, as the dealer called
her). and fild only becaufe the proprietor had de-
filed from the amufements of the field. In addition
to there recommendations, the WAS warranted per-
fesilly found. A little cough was complained Id at
the time of the purchafe, but the dealer fiid it was
merely from the chiinp of Rabic, and of no conic.
serene whatever. This eight diftemper became a
permanent difeafe. and the nitterLil queftion was,
whether Inch a difordel could be deemed unfoundnefs
Marrs. 011111 and Maariyavv, for the Plaintiff.
warmed Mr. Coleman, who gave it as his opinion.
Vito every cold is an unft.undners; and affigned as
Use tearful for it. that Inch a complaint may termi-
nate in.eonfumprion. He added, that any °Vitae-
(ion in the genetsl ceconomy of the animal, fo as to
Inyerropt the diftharge of the fundions of the refpee-
tive parts, is iinf,tinctnefs. In the prefent inflame,
the cold had proceeded to a (trims difeafe on the
lungs. and had terminated in a broken wind.
Mr. GANA OW, for the Defendant, eanfidered the
definition of unlonndners required a degree ci per
ion never attained. The funetions of animals
too I in fome one refpctl. be interrupted by acciden-
tal and temporary clufes: which would not noel
farily induce tinfi•ndnefe. No organiited b-tog was
ever fo perfca as to be found under this definition ;
even the over aaire principle of health its the or.e
part, would eng•:•nacr inditpofitirra in another. In
the pre fent cat tle (i.iefli••n Was, not it the animal
be now found, but if the were found at the tote of
tale ?
Lord Et.i....r0500.-sit did not crnfider a fight
enld unfoniutnefs, t•riefs. from having at..end the
lung', it was t•: Ilave an iinftvourable re: mina
tion.—Vcrslio t 7 t!.t. szl. sus. and the
keep fines the orr, of tl ptit chafe.
A4f) 1I i 5 Ae ant:TIItY t. RIC 11•20 was,.
The rl.rai•fi's eve hat manufieturers i.. C;ra.e-
-el.nrch-flrcc, the derendant is a proprietor • f F. bi:c
conveyances to Ikt.lctcn in Efcx. The fuh";rti in sir-
rite vas only al. 2s. 4d. but the quettion or ins•
portance. as are ling the law with which common
eases'. are (-racemes!. The anion was brought to
recover this amount for certain hats which had been
Lfeat by the plaintiff,. Ir a Mr. drown of WOOdh4M-
Verris, (even miles [mum Malsleu.

•
Mr. taill:thi, % the plaintih, iateel, chat tile
parcel was fo diretted at the time of delivery at the 1
hull Inn, WbitechapeL_where the defelidant bas
tin office ; and he, faid .if any objeEtion aro& on the
diflance between Malden and Woodharn-Ferris, it
ought to have been Rated when the parcel was de-
liveted ; receiving the goods was, therefore an en-
gagement to convey them. The Defenlant had
never delivered the goods at the place of their detti-
nation, nor would he return them without the pay.
men% of a confiderable lino for ward:pule rest- •
'Mr. Qum", for the Defendant, on the authority
of the cafe of Moore, and of Daw and Peck, con-
tended that the ration ought to have been brought
by the confignee, and not by the confiner ; but his
objettion, as a ground of non-full, was overruled by
his Lordibip. He then obi-erred, that the Defendant
was 'only a carrier to Malden. and eiplained not only
the inconvenience, but the impoffitality of fending
goods (even miles, in every dire Lion, beyond the
plaoe where the journey profellidly terminates: and
he produced an inflautee trom the tenimony of the
Plaintiffs, where the goods had been returned to
them precifely tinder the indent circumilances.
Lord ELLFWW,ROUGH ohferved, that Lad it not
been for this inflance, he Mould have tbought that
the a& of receiving the goods by the carrier, wid: a
direCtion clearly marked upon them, to have been
equivalent to an undthaking to deliver them at the
place to which they were addretted. VerdiEt for
the Defendant.

JULY 5....411111AM e. MILLI.
An atlion tit providing men to go on board a RIM,
called the Speculation privateer, at two guineas each,
and furnifhing fome potatoe. for the fame (hip.—
Four perfons were provided, who went on board this
Chip at Gravefend.
It was contended that this was one of thole cafes
which thew the evils of the fyllem of crimping, the
pc aftice of which is to keep men in holes and corners
until the Crimps have large funfs of money for pro-
ducing them. They furndhed tilde men with liquor,
and got them into debt, fo as to have a hold over
them, and keep them as long as they pleated; where-
as, if therwere left to thernfelres, failors would pro-
bably fpend their money in much the fame time as
they do now, but if there was no crimping, they
would naturally, and of their own accord, enter into
the Service. In the prefent cafe the Plaintiff was to
have furni(hed Seamen, able to be of ufe on board a
privateer, but theft were boys, the eldeill of them not
twenty, and none of them had been at fca before :
but Lord ELLENICHLUGH over-ruled this objcBion,
by obferving that the Defendant haying accepted
them on board the Slip, it was therefore too Late to
•
objea to them. .
Atter making allowance for what the Defendant
had paid ; the Jury found a verdia for the Plaintiff.
—Damages 71. Ss.
THI lINQ LATONZ.
This was an indiament againa the Defendant, Sa-
muel ',alone, and four other perfons, for *harm:ling
and affauhing Jonathan ltobinfon and two others,
Searchers of iLeather in Leadenhall Market, in the
due execution of their duty, in their RampiniF and en-
deavouring to Seize, as unfit for hie, a c tam quan
tity of leather evokd for tale on the 3111 of January
lalt, by a Mr. Hcpburne, who was one of the De-
fendants, but who, together with the other three De-
fendants, had fuffered Judgment to pals by default;
none but Mr. Lafone bad pleaded Nut Guilty.
It appeared in evidence that Jonathan Rolifon was
duly appointed a fearchey of leather. That in the
3111 of January lafl, he and Philip Payne and Ro-
bert Denton, in the afternoon law a parcel of fif-
teen hides,at hlr.Hepburne's hall a Leadenhall-mar-
ket; Robton looked them all over,and found they were
not fit for the market, becaufe they were not dry ;
on which he feized them, and attempted to put upon
them the mark of the hammer, to fignify that they
Were not fit fi.r fele ; on which Mr. Hepburne and
the other Defendants came tip, and alto Mr. Lafone.
Mr. Hepburne infifled 'mon it that the (catchers had
feen thefe tkins in the morning, and had patted them.
Ralston faid thee had not, for if they had it would
have been impiaribie to pals them. Mt. Hepburne
then (aid, as the fearchers had palled thefe goods in
the morning, they fhnuld not examine them again.—
The Defendant then began to pull them away, and
called their carter, Davis, to bring the cart to carry
them away, which he did, and a great (come enfued,
in which Mr. ',atone, although he did not RR, bore
the part of encouraging the other Defendants in their
refitlance, fayirg to Mr. Hepburne, " Knock them
down (meaning the Searchers) take them away
(meaning the hides) from them, for I have done the
fame thing in the country. D—n them; knock them
down ; I done it in the country, and I will do
the fame thing again—Knock them down, and I will
bear Tau ha:mitts." This was for the porpofe of
Mitigating the other Defendants to proceed to vio-
lence, which ended in relating the goods; and the
Mitredes added, they believed the other Defendants
(and particularly Mr. Hepburne, who although an
flatly, was a goad fort of man) would not have aged
as they did, had it not been for the Mitigation of the
Defendant Mr. Lafonc.—This was the tubitance of
the evidence of the three Searchers.
On the behalf of the Defendant, Mr. games pro-
profed to call the other Defendants as witneffes to
prove that Mr. Lafone did not ufe thee words to
entourage. them, and this he tubmitted upon the
ground that they were unt called to exculpate them.
(elves, bat, on the contrary, if they laid that Mr.
Lafone did n ale thefe words, they were giving evi-
dence againfl themfelves. They had already fuffered
judgment by default, and they could not, by their
evidence, affect the jitdgment of the Court upon them
hereafter. He admitted the cafe was new, but he
Submitted there was no objation to it upon principle.
Lord ELLtNsoaOOCH ohfcrved, that if this fpecies
of evidence way received, it itoulel run through the
whole of the Criminal and create a precedent
that might be extremely dangerous, tor, in that cafe,
every De:end:ill who pleaded guilty, vuuld become
a CIi:i.PCLCIVI witfitri for his companion aho pleaded
not guilty. He thought tile a attment of the thence
was cne entire and whop; and it any one of
the pert, us charged v ith it vas examined as a wit-
mi., on :ice ..Int of his Laving licaded t;itilty, he
mutt be examined to dni is 0, il.e gii;lt i.t lit comp
nion who had pleaded rot guilty, flit sV;If to Ul:.li
nine part of the general g'tit, in whin 11 c
nefa diminifled by hi, own evidence,;:
guilt ; tor which reafon his I.oreils,p !..
Defendants could act be competent

t: tLJ:

veral witneles inert thin ettmined. tanners,
* •
currier:, and leather faetois, who were prefent at
this (collie, who (wore they did riot hear Mr. La- I
Pone fay, " knock them down, &c.," only thii
14 if he had been in the fitoation of Mr. Hepburne,
he wonla have done the fame, Ike." They con-
traditted the Officers flatly; in Gone points that were
collateral to the Woe, but on the material cocaine
in itfue, ,1 Whether the Defendant, Lafone. had in-
Iligated the other Defendant: to commit the vio-
lence ? their evidence was merely negative, that the;
did not hear it, &:.
Lord Er.t.am 'atonal, fummtd op the evidence,
and obferved to the Jury the qtteftlon was---Whether
they believed the witneffes for the t'rofecution or
not ? If they did, the Defendant mull be found guilty,
and evidence, fuch as had been given Mr the prole-
cotinn was affirmative, that certain things did eau
ally happen, and that certain wadi were tpoken,
whereat the evidence for the Defendant was negative,
that certain perfuns prefent did not fee and heat them.
—AFC motive evidence was in its nature of greater
weight and cogency than that of the negative kind ;
however, the credit due to the witueffes was matter
purely for the Jury to difpnfe of.
The Jury found the Defendant, Samuel Lafone-.
Guilty.

OLD BAILEr.

Yefterday morning at half after nine, John Palmer
was ordered to the bar. When he came to the front
of the dock, Judge Ronal read the report of the
Judges on his cafe fit Rated,in fubflance, as follows.
In February Settons. 1804, the prifoner had been
convieed of uttering, or putting away a note, pur-
porting to be a Bank of England -Note, of the value
of al. well knowing the fame to be forged, with in
tent to defraud John Shaw, Linen Draper, of New-
gate-flreet.
The Jury had, on the trial, acquitted his wife. as
the was the agent who had abed
.by bit direEtion.
After his convietion, however, a point of law was
left for the decition of the Judges, in order to after-
lain whether he, who had put away the note, with-
out any proof of his having received 4 valuable con-
fideration, was, according to the words of the Itature,
liable to fuffer punifhment as in other cafes of the
breach of the fiatute under which he was tried. The
Judges were of opinion that, from his conflation
with the other prifoner, though the was in the aftual
polreffion of the note at the time of its being pale, yet
that he was an acceifary before the fat. For the
fake of obtaining the ends of public jultice, however,
the law admits of a_filtion, by which it is Paid that
at the time that one perfon is known to be in aaual
poiliffion, the prefimtptive poffellion may be fairly con•
eluded to rat with another. Tiue twelve Judges of
England, then maturely confidered the prorifions
and the preeife terms of the Statute is Gco. 11.
left. xi. under which he was tried. The words of '
that 2a were, that any perfon who was found guilty
of uttering or putting away a forged note, knowing it
to be forged, Mould be deemed guilty of a capital
felony, and fliould be liable to fuffer death, as in fuch
cafes, without benefit of clergy. The fail of his giv-;
ing or putting away the note to her for the purpofe
of her uttering it afterwards for a valuable confi-
deration, connituted the criminality in him ; for, ac-
cording to the rule laid down by Judge Fore's, re-
(paling fimilar cafes, if the was innocent, he mull
have been guilty in employing her to commit an
attion which he knew to be illegal, but of the ille-
gality of which the was ignorant. A majority of
the Judge', therefore, determined that he was, in law,
guilty of difpofing or putting away, and the fentence
which was formerly paired. now Rands in full force
againtt him.
John Au& and Thom: Dcrfit, who were acquitted
lalt feffions of the charge of larceny, on account of
informality of the iniiameut, were now tried on a
charge of burglary, in the houfe of Mr. Grange,
Fruiterer, at Lambeth. The fats were drawn by in-
ference firm a number of circumaances cot:mated
with the Burglary.
Mr. e, the .prifoners' conflict, argued that, as
the commiffion of the fat, was the fame as that of
which they were formerly acquitted, the prefcnt in-
diOment was not maintainable.
Mr. JO IT IC 1 LAWR [TICS, however, obferved that,
as the charges were &Rint in law, the pritoners tuf-
tained no injury in the eye of the law.
The °Nation was then over-ruled, and the Jury
found both the prifoners guilty of itealing uncle' the
value of 405.
Charlene Wright, a girl of twelve years of age, was
indiaed for ftealing in the dwelling houfe of J. Bligh,
•a al. note, Sec. The prifoner was taken into the tat-
vice of the yrofecutor, who is a tradefinan at Kflighti
brigde; and being left in care of the home during a
Aare able= of the rrofecutor, was obferved on his
return, to be goiqg nut is a Rate of canfufion, when
fhe was detained by the next door neighbour, who
fufpated fomething was wrong ; and, on infpation,
a bureau was difcovered to have been broke open,
and the property in queßion (Men therefrom, watch
was found in her potreffion. She afteraidards con-
felled, that her fitter had advifed her to commit the
•faft.—The Jury found her guilty ; but the crime'
being Dead, by the law, they recommended her to
mercy on account of her youth.
t. Riley was capitally convined, for affaulting
Thomas -Nicholls on the highway, and robbing him
of a (even W.LS
7. Levu, for itealing a pocket•book, containing a
al. note, the property of Eltz. Anderfon.
Six were convieted of felony, viz—Ann Cockraii,
for fleshing a piece of cotton, the property of Mefils
Haines and Heil ; W. Jones, for Itealing a pocket-
book and a ii. bank note, the property of T. Smith;
Ann jewfbury, for flealing four lards _of lace, the
property of W. and Eliz. Shephard ; and W. Smith,
for (leafing a e,,at, the property of J. Webford..
And five were acq•iittcd, viz.—Catherine Kent,
Sarah Hilliard, Sarah Munyan, Charlotte Miller, and
Charles
g,hn King was indin:d for flealing a quantity of
floc kings, the pit-petty of his uialler, Jofepli Mather,
holier, 01 Covert G..-den.
Tie properts, h.r.. ever, being Rohn at dif4zent
time., tl.c inefftmcot was ricreii.f•:ly cro.fined to one
an of theft,dt..l theret re the prif;,ne- w As oi,ir found
g ity of healing pa:r ot It I", king*, a!, ch not
t,• ,11,: not C.I1,11;.1 I fl,.
In n ~.-:,s V 111... i i•r bray is 11,11ily rtC.l•9llg
• ".. ut 11101114 S CIUOL, of Li.ile

A

• irc r ce.

• - •
•
. • ~
Queen-Rreet. There yea! frame d'oulA ocslat
ma nof the burgl.wy, bat of the hearing ti! the I
kbere was uodoubted proof. The profecutnr hat,.
that he had given:;:. for the hat about three wets.
before. He had kit it. in a cupbosrd in a room
his hook, and he found the prihmer in the town
with the hat upon kis head.
It was hated from die Bench, that the removti
of the property front the hat box in the eupb0.0....
where it was placed by the owner. to the head (.:
the Kramer, was as ;reit a crime in law, as if I,c
had taken it nut of die houfe. In a cafe when
goods, are depofited in a wane tt. if i perfon in ..
private manner. =moves any CI dr pooh from the
head to the tail of the waggon is intention to lat.„l
is manila. and the law c s Fiat guilty accord-
ingly.—Veldias guilt healing.

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