Star.
London, England, 1811-07-12 00:00:00

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I LAW INTP.LIiGraVOS. , .
Cross.examined by. Mr. Sajeant SHEPHERD.
The plaintiff was in the h.thit of attending the
COURT OF CHANCERY, JULY 11. hO!isthold as apothecary.
•No case of importance occurred this day. The In answer to a question put by Lord Chief Justice
case of Morris v. Coleman was about. co be brought MaNsriti.a, he said, in general the plaintiff went to
on by Sir S. RoNnt.t.v, when Mr. HART expresr.:d a r his Grace's house at 11 u'clu'ck at night, and did nct
Wish that it might be put off, silts was not than pre- I leave it until 12 on the.following day
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- ----, in hi!

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'soh to which ..be could not for a moment suppose
the more humble, tribute, of that 'assembly would
be refused, too Much could not be said in their
praise,
,nor wit there .any lack of testimony as to
their reality. General Beresfod's own dispatches
bore internal evidence in- •their favour, confirmed
by those of the lish Generals Blake and Cdsta-

• nos, and above al , by the litchi-ma:ins of the in-
Estrensa;

pared with counter

alfitiuvits; but at the same time
- the the

John Ketterid;,ze

deposed, he was 22 years
had been ofi by 1-

IS

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habitants ot the prpvince of _ eemadura, whose stated, that he would be ready before close of . ' Grace's service; tied . iten sent , him dub. •
e 'limy had been saved by. British valiani from the present seal. Sir. S. Romieee on this consented to I.ing the night to see whether the plaintiff was in the .-
vengeance of an irritated foe. The Portuguese Go- postpone the subject. adjoining room—his other evidence went chiefly to r
verhment had else been loud in the expression of their THE PDOPRIETORS OF THE /CENT WATER-WORKS, v. corroborate the evidence of the first witness. 4
.gratitude. As to Marshal I,3eresferd himself, his pre- SIR CHARLES PRICE, TREASURER OF THE COMMER- Louis De Bois deposed, he was valet-de-chambre
sent achievement was only the afrei of aeries of me- CIAL DOCK COMPANY. . for 27 years. When fits of irritation came on .it pro.
ritorious services. He had fought in Corsica, in the Sir SAMUEL ROMILLY stated, that, on Saturday duced the vertigo. On those occasions, the witness
East and West Indies, in Egypt, and was high in I next, he would move for an injunction
command in the memorable retreat through Spain, CommercialDackCompany hem removing any pipes, i deine which used to set him up again. l'he plaintiff
conducted by the much-lamented Sir• Sohn Moore. or ;nterfering with any trenches, from the parish of used to dine with his Grace four or five times a week,
In short, there was no General in his Majesty's ser- I St. Paul Shadwell, to Rotherithe, which the plaintiffs and the witness had been steward for the last seven
vice, nor, anh action in *which British blood had had formed for the purpose of carrying into effect the , years.—Cross examined. Several rec ipts were Fliewn
flowed, that called more loudly for the • thanks of I object for which they were embodied. to the witness, which he acknowledged he had re.
every part of the community. To descant on the t COURT OF KING'S BENCH, JULY it. ceived from the plaintiff. Ile never knew the plain-
subject longer he considered as superfluous, and hei ' KEIRULPII V. WALTER. . tiff to drink a glass of wine at his Grace's table, .is.
should therdote proceed to state the substance of his I After the Jury were sworn, Mr. JEKYLL stated that he was too Toad of water. ,
motion, viz. • this was an action against the Defendant, the Editor The Earl of Yarmouth stated he had been much
" That the Thanks of this Court be given to Lieutenant Got of 'lle Time, news ' f libel acquainted with thelateDuke of Queensberry ;he
neral Sir William Carr Beresford," Etc.—[For the Resolutions;' paper, forapublished therein ;
see the Advertisement ] but he was glad to state that it was not one that would
•had known him to speak in the highest terms of af-
go to any discussion before them, for it had only been
IMr. Alderman Btncn seconded . the first Resolu- ' fection and regard of the plaintiff'; he recollected at
tion, and was happy to bear testimony to the miiitary brought by the Plaintiff, a gentleman of considerable one time, that his Grace sent the plaintiff to attend
'distinction we had acquired in this instance, under rank, to vindicate his character from the aspersions him when confined with the Asthma, which he con-
thrown out in that publication; he had conversed vial sidered at that time to be a particular favour; at a '
'great disadvantages, particularly with such an irate.
Iriority of cavalry. • : those whoa ppeared for Mr. John Walter, the Defen- time subsequent to that, he was seized with the same
The first Resolution was then put, and unani• dant, and the result was, that they were disposed to disorder, and on sending for the plaintiff, he was in•
mously carried. I allow his client to take s verdict for s£loo, on account tot med he could not wait on him, as he was in atten-
Tne second Resolution was then moved, for eon. '4ls(the insertion of the paragraph alluded to. dance on his Grace. The demand appeared to him
,veying the Freedom of the City, which had been The Jury accordingly, without any evidence being be reasonable; he thought £lOOO a year, if paid
voted to General Beresford on 2d October, 1806, but gone into, under the direction of the Learned Judge, quarterly, would have been a sufficient remuneration,
which they had yet had no opportunity of delivering returned a verdict tor the Plaintiff—Damages XlOO. hut considering the length.of time the demand was
to him, on his return, in a Cholcl Box, of the value of I ' COURT OF COMMON PLEAS, JULY it. due, that the charge in the declaration was in his opi-
-200 guineas.
i FULLER V. MONTGOMERY, BART. AND EXECUTORS OF nion not more than the plaintiff was entitled to. His
Lordship had always been in the habit of paying the
Mr. S. DIXON seconded the motion. • I THE LATE DUKE OF QUEENSBERRY.
Some objection was started to the departure from I Mr. Serjeant VAUGHAN stated the case, and • plaintiff •
t said, for visits.
s Sir Henry Halford stated that he had knoWn the
the usual value, which was 100 guineas. • : that it was an action brought by the plaintiff, a re- plaintiff for eighteen years, and always' considered
Mr. S. Dams thought it would not be handsome spectable apothecary, against the defendants, the ex-
him as 0 man of full employment in his profession ;
to reduce it from 2 to 100 guineas, as the highest ecutors of the late Duke of Oueensherry, for his ;et.-
sum was much less than the gallant General deserved. vices as a professional man, during the hat eight years he thought his attendance on his Grace: must have
materially injured his other business ; he also thought
He thought too it would add to the gratification, if of his Grace's life time. He acknowledged the claim
the box were delivered in Court. I was unprecedented—but his services were most me- that the charge of two guineas per night, and ten
shillings per hour for visits, were most moderate.
Mr. JACKS opposed the reduction. •
- . titorious. The defendants were most honourable
Mr. Box wished the value of the box 100 guineas.: men, and only defended the cause as a duty imposed Dr. Ainsly, Dr. Pemberton, Mr. Walker, and Mr.
Hal-
Mr. WAITHMAN said, he hadlong known the pri- upon them as executors. lis 1803, his Grace dismis- Jones, corroborated the testimpny of Sir Henry
vate character of General Beresford, from Officers sod his apothecary, an aecoet ot his giaat At ford, as to the moderate chargiff.
es of the plaintaccountwho were intimately acquainted withhim, and he be- that time he had a serious illness, and the age.
plaintiff Lord Chief Justice IsIANsFiELD said, he had never
known a similar demand; but. he thought it would
lieved he might say that thaogallant General would Was called into the house to attend him. His disor- be much better that it should be made a regular c: nee
feel no gratification on understanding that this Court der was a vertigo. Atter his recovery, he afifeed two instead of filling their patients with drugs.
imagined he deserved more from them than any other guineas us the proper remuneration for the plaintiffs 13 Dr. HOME, who had attended the Duke, stated a
Officer bed yet done. services each night. The merits of the plaintiff, and
Mr. S. DIXON said, though he would stand uP the se. crifices he made, were well known to the defen- conversation which hid taken place in the pia i ntifPh
presence, where the Duke expressed his opinion that no'
single, he would vote for 200 guineas ; but he knew dents. The plaintiff's bill consisted of 1215 nights
man would, or ought to, attend another for nothing,.
he would not stand single, but that the original mos which he slept in the house-2511 visits in the day-
intimating to the plaintiff, at the same time, that he
Lion would he carried by i great majority. —( Cry o time, of two hours each ; and 1507 of half an hour, was convinced he expected to be paid for attending
no !)—Ay, but they would try. ' and that at a time when his attention was not only on b:m, and that he 'knew he had a right to be paid )
Mr. QUIN was desirous that nothing should inter- re • his •
required to family, but to his business. The by his (the Duke's) Executors. Dr. Home' also I
rupt their unanimity on the present occasion. It was amount of the charge might stagger the Jury in the swore, that he should have conceived the Duke of
proper however to inquire whether it would be pro- first instance ; but when they considered that his.• 0,
per to leave the established precedent. Look at the . Grace died worth one million of money, it could not as indebted the plaintiff Queensberry to
his attendance.
' persons on whom had been conferred this honour.— .be considered too great a sum, particularly as it Was Several other witnesses were examined on the part
Among them would be found the names of a Nelson, not thought so by the Earl of Yarmouth, whose chit- of the plaintiff.
an Abercrombie, and the idol of the gentlemen over dren were the residuary legatees of his Grace. He Mr. Serjeant SHEPHERD, for the defendants, agreed
the way, the Right Hon. Wm. Pitt. The merits of would read the certificate of the Noble Earl, which that this was a case which- in all probability might
General Bereford were extraordinary, and would approved of the claim. never have come into Court, had it not been that the
transmit his name with honour to posterity ; but this Mr. Serjeant SHEPHERD, on -behalf of the defen- actual defendants were tinder age, and that the Exe-
was a question of prudence. If a scale of merit was dents, objected to it, as better evidence be i
might pro- tutors of the Noble Duke did not feel themselves
to be drawn up, he looked upon the question as over. duced—that of the Noble Earls viva voce evidence. entitled to renounce their right of objecting to the
He looked upon Dr Jenner, who had saved the lives Mr. Serjeant VAUGHAN stated, that the objection present unprecedented claim without submitting it to
of so many thousands, in as high a light as any Ges ! was unnecessary ; for he- would state what was the I the consideration of a Jury. That the plaintiff in the
neral who ever drew the sword. opinion of the Noble Earl, whom he would call to prove present case had rendered meritorious services to the
The amended Resolution was then put, and carried : what he asserted, that lie thought that the sum of
by a very great majority. i
, £lO,OOO was not an overcharge for the care and at- late Duke of Queensberry, the present defendants
were far from disputing, but, as
,they had already
The remaining Resolutions were then moved, and ' •
the plaintiff hadthe deceased
i tention shewn to eceaseDuke;
evinced, would rather be anxious to avow. They
unanimously adopted. land if he had any influence he trusted the recommen- were
called on, however, not to consult their own in-
, PROPERTY ACT. ' dation would he attended to by the executors. One of c mations, but to consider what was fit to be 'done on
r •
On the motion•to remunerate Mr. Charles Monte-, the defendants, Mr. Douglas, 'who hadlived in the the part of the young persons with whose interests,. ,
gue for his services under the Property Act, ' house with his Grace, a bill had been filed against by .
they were entrusted. It was, therefore, his ( Mr. 1
Mr. WAITHMAN moved some Resolutions declare- the plaintiff, and a More honourable answer could not Serj
eant Shepherd's) duty to submit to the Jot ye
tory of the sense of the Court with respect to certain ' have been put in : it admitted every charge. When
whether, as appeared to be the case, the plaintiff in
harsh proceedings of the Commissioners for m snag. ! the plaintiff went first to attend on his Grace he was
1 his proceedings with the Duke had acted on the idea
ing the Property Tax, by which money was annually .78 years of age, fromwhich time he had the most fa- of being remunerated. by el voluntary recompence,
wrested from the City to the amount of 30001. per an- ! tiguing attendance required by his Grace, as he was I
in the shape of a legacy ; or, on the other hand, if he
num ; and which, though tolerable to them in their I constantly confined with the vertigo. He never was,i
acted throughout for a reasonable rate of • hire ?
i aggregate character, shewed how severe an engine of : easy except elle pl:iintiff was within calling. It might
If the Jury should be of opinion that the former was
oppression to individuals the Tax might be made. I
.be asked,' why a bill had not been delivered during the case, then could the plaintiff be entitled to recover
Mr. Quin seconded the motion ; and stated his i his Grace's lite-time ? This was perfectly replied to
nothing under the present action. An apothecary, as :
wish, that another Resolution might be added, de- :by the answer of Mr. Dbuglas, who set forth, that such, was entitled to no fee for Lis attendance. He
daring the propriety of addressing his Royeblaigh. ; he had remonstrated with his Grace as to the claims , might, whenever he was so inclined, present his bill,
ness the Prince Regent, praying him to order the re- I
'of the plaintiff, and was replied that his demands ; with 'a blank, but optional,.charge for attendance,
movel ot the persons who had made eo ill a use of the I would be paid by his executors. to,e
trusted it would 1
and his only remedy, if he was not satisfied, was not
power with which they had been entrusted. •
I not be contended that the best part •of the life of the
;to renew his visits. If, on the other hand, the Jury
Mr. WAITHMAN objected to the addition of this plaintiff should be lost on his Grace without remune-
considered the Plaintiff to have comported himself
Resolution for the present; and those which he had •
, ration. Haunderstood that the numberofv isits werenot I
throughout as a creditor, and not as an ex-
himself proposed being put, %sere agreed to. I disputed. His Grace died at the age of 85, and was would find him entitle o
pectant, then they d t a
Mr. PIERRALL then rose, and after deicanting at obliged to receive sustenance every half hour. If the
reasonable recompence fier his labour. Payment
considerable length on the vast benefits likely to arise dead could be called from the grave, the suit would to an• Apothecary by any one individual. at the rate
to the community from the system of education for be immediately settled, for the Noble person who was of £lOOO per annum, or rather, as it was here charged,
the poor, invented and successfully practised by Mr. the cause of it would not allow his name to be called at the rate of £l2OO per annum, was what, lie was
Lancaster, moved— • I Into question where he had received so much benefit.
That the Court shoulti grant towards-the buildings of the in-4 prh
net. he attended .1 • Grace, had fifty e plaintiff, ore iris man to conceive. In Ms bill cf particulars, the plain.
stitution, for the purpose of promoting the Royal Lancasterian 1 , • .••
System•uf Education, the sum of 200 guineas', and the further guineas per annum for attending his household. It •
tiff who had formerly disclaimed all ability at making
(suns of 100 guineas, to:/ards the general purposes of the said ' was true that apothecaries did hot in general charge out an account of this kind, had shewn himself vs be
testitelion. for attendance; but were paid their charges on medi. peculiarly expert on the subject, by dividing 2737
Mr. FAVELL seconded the motion in a sjsort but • cine, which never could have been, satisfaction CO the days, being the whole number which he (Mn Ser.
i able speech ; and it was unanimously agreed to. plaintiff, as his Grate never took any. The Jura jeant Shepherd) could find in seven years aed a half,
The sum of £315 was granted towards establish- rewould consider what he had suffered by his close at- i
into 9000 and odd days, or as he pleased to call them
ing and maintenance of the Lancasterian System of 'tendance, not °nisei's to his private practice and fa- visits. ' No physician even, he was satisfied, could .
Education. And also the sum of £lOO to the Lon- mily comfort, all of which he was deprived 'of by his
have expected to be paid at such a rate. The defen- .4
don Truss Society. . ' attendance on Iris Grace. Under those considerations,
. dants, however, should be satisfied with whatever the i
Some further routine business was then dispatched, he would leave the case to the Jury, convinced in his Jury chose to decide.
and the Court adjourned. . mind that they would do that justice which they had •
Sir JAME
SMANSFIELD, but for the admissions of
• -- undertaken to do by their oaths. He then proceeded ' in
• Mr. Douglas, his answer in Chancery, and for the
MELANCHOLY • ACCIDENT.—A young 'Gentleman, to call hi; witnesses. evidence of Dr. Home, where he states the plaintiffs
thirteen years of age, of the name of Green, was ' Michael Gunmoe deposed, that he lived 11 years
having been present when the late Duke said that he
drowned, whilst bathing below Kingston on Tuesday, in the service of the late Duke, part of the time as Iwas convinced he expected, and that he had a
in company with a servant of Mr. Challinor, who clerk of the works, and the remainder as groom of the'
rig ht to expect to be paid for his visits and for his
lives near the spot, and at whose house Master Green chamber. The plaintiff had been from 1803 in con-' trouble with the Duke, should have esteemed the pre.
was on a visit. Green, who could not swim, got stem attendance on his Grace, he regularly attended
sent action untenable in a Court ot Justice. He was
; into-a hole, and Swiss, the servant, in his hndeavour ' twice asday, and sometimes was sent for three or i,
not aware that an Apothecary had any right to claim
Ito rescue him, and being an indifferent swimmer, four times. He slept every night in a room adjoin- for attendance; far less that he was entitled to site
iwils also drowned. ing to his Grace ;he had often heard the Mike ex- I i
for
t. In the peculiar circumstances of the present
The Lady's maid, whom we stated a few days ago press his great satisfaction of the attention of the
1 case, however, a claim seemed to have been recite
to have been in custody for robbing her Lady, be- i plaintiff ; the' plaintiff always attended him to bed,. ,
raised, which, with pertinent remarks on 1.1 nature anti
longing to a noble family, of jewels, dresses, &c. has and had heard the Duke exprets great apprehension I
extent, he left with the Jury.
been confined by dangerous illness since the affair j that he would die of the vertigo, if the plaintiff was After retiring for a few minutes, the Jury returned
• was discovered, from the effect het conduct had upon I not in attendance, from some blunder of his servants. with a verdict for the plaintiff—Damages A'7500.
her mind.—The amount of the robbery is about two IHe had in general great Objection to physicians and The Court was much crowded at an early hour.
hundred pounds. t medicines.
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