Star.
London, England, 1828-12-19 00:00:00

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him by Mr. tore, he found 4
that that dentlernan lad
the right of_ purchasing. The plaints then received
901.105. of Mr. Lore,, which surnrwith the annual pay-
ments before made by him, made up the 3201. the
amount of the purchase money. The .plaintiff subse-
quentlrcomplained to the assignees that the terms of
the agreement with Mr. Lore—or at least of that part
of it which gave the liberty to purchase—had not been
stated at the time of the sale ; and he having been
obliged to give up the landau, now brought his action
to recover in damages 1101. 10s. being . the amount of
the money he had paid, atter deducting the sums re•
c4vesi of Mr. Lore, including 1051. his charge for the
repairs of the landau.
The acts of the case, as above stated, were proved
by the,plaintirs son; and he and another witness,* who
intended the sale in 1826, snore that there was no men
tion by the auctioneer of that part of the agreement
which gave Mr. Lore the right to purchase the landau.
Mr. Leslie, the auctioneer, however, produced a paper
whi ch lie stated was read by him at the time of sale,
containing the particulars respecting the power to put.
cha e at any time within the five years. He said he
was satisfied that he read those particulars to the com-
pany, from the circumstance of his seeing them stated
in the paper, though he should not otherwise have been
able to speak to the fact.
trpea this evidence Lord TIOSTERDIN left the case to
the Jury, telling them that Me, believed that the fact
auto the power of purchasing the landau by Mr. Lore
was gated by the 'auctioneer at the time of the sale,
their verdict ought to be for the defendants.
The Jury. after a little hesitationifound for the plain-
tiff—Damages, 1001.
PAUL U. LADY WILLPALLT.
This action was brought by the plaintiff, a cabinet-
maker in Orford-street, to recover 141. for, a zebra
cabinet and book-case, furnished to Lady Emily Mary
Wellesley.
Mr. COMMON SZROLINT stated that the defendant,
whilst residing alone in Portman-street,Ptxtman-square,
went to the house of the plaintiff, a tradeituan, and or-
dered the goods for which this action was bet ught.—
Lady Wellesley, at the time the order was given, re-
presented herself to be unmarried. He understood that
some mistake might have occurred ou the latter point,
but before his client was turned round, and deprived of
his just demand, the Jury would a; least expect proof
pi the Lady's marriage.
Severil witnesses then proved the order of the goods,
which were packed up and delivered at the residence of
the Noble defendant.
Mr. F. WILLIAMS. who was Counsel for Lady Wel;
lesley, undertook to prove the marriage of his clieot,
and to explain why the plaintiff had not been paid. The
demand included a charge of 21. for packing, which
Lady Wellesley refused to pay, on the ground that the
work had not been done properly. The plaintiff, on
her Ladyship's refusil to pay, not only gave her the lie,
but used insulting language.
TA e mar rine of the Right Hon. Lady Emily !dam
daughter of the Earl of Cidogan, with Dr. Wellesley,
on the 2d June, 1802, at St. George's, Hanover-square;
was then proied in the u.O tl way.
George Clarke, a Messenger to the Briard of Old;
_ nance, said he formerly lived with Mark Singleton, Esq.
Dr. Wellesley and Lady Emily Mary, his wife, were in
the habit of visiting where his master was. Persons of
distiection visited them when they lived together in
Portman street, Portman-square. Lady Wellesley had
six or seven children by Dt. Wellesley. Tlley first lived
at Hertford Castle, subsectisendy at Hampton Court
Palace, and Chelsea Rectory.
Cioss4zainined by the Cosmos SIRGEANT—Witnesi
saw Lady Wellesley and Doctor Wellesley at the time
he liv.-d with ha master, Mr. Sngleton, in Suffolk. He
saw Lady Wtllesley on Monday last, in Puttman-greet.
He went to see his Wife, who' bad been seriraig to Lady
WelleAey.
fsl, s. Catherine-Wood slid she formerly lived with
D-ttor Wellesley as-servant. His wife Lady Wellesley
was living with him. She
.Was the daughter of Lord
C sdogan, and had apartments in Harripton Conn Palace.
Tney were in the habit of seeing and visiting persons
of distinction. She knew Lady-Mornington, Dr. Virel-
letley's mother; Lady Edsil'y Mary Wellesley Was sot
living with her husband in Portman street. The Witness
left them five years ago.
Lord Tairrairiew Considered the marriage proved.
The Common SEItpIIANT said they had not proved
that a person-living at NO. 8, Portman-street, ;end call-
mg herself Lady Welleiley, was married to Dr. Wel-
lestey.
LOT(' TENTSADZN—Nb case can be made out if this
*ill not do.
Another witness was then put in the bole who stated
that she had known Lady Wellesley clueing the last
f ur years. She weld with her to the house of the plain-
tiff. It was Lade WelfesleY who saw him, mid gave
directions about the packing of some gnolig
-The COMMON SNAGRANP then said be would not
give Jtiri end his
,Lordship
,fisither tit Ole. The
ev dettce 'Storied the marriage or 'At Wellesley, and
Seas iori y tisk any repeat lad been made which was
not true. . •
Mr. F: WILLIAMS said LOJy Wellearey IMO wil-
livgly Pay that Whitt the plaintiff wits rm.; entitled to
demand.—The plaintiff w4l nonsuited.
'COURT OF COVNION PLEAS. Gestriaacc, Dee. 1111.
The Cent.' was occupied during the greater part of
the day in hearing a cause arising out of a hood, the
defence in which was, the bond had been ;Avec( alter
the sign,atute of the party now sued had been attached
so it. The a7teratioo consisted of the erasure of the
parr 0 ot:e of the sureti.e,„ !lid the substitution of
another in its ream. Evidence was giien to show that
this objection bad, in fat peen waived by the subs -
Assent enedni Of the *resident; but it was submitted
Owe could be no waiver Cf such an objection, and the
Chief JOirke thoight the point one of so nice and de-
ticatt a nature, that he declinedgi wing any opinion upon
ii and revestedthearto fixed a vet dict fur the plain
t•ff, as be would give the defendant leave to move to
set aside that verdict and enter a notouit, it the Court
should be of opinion that subsequent conduct could not
amount to a waiver of an objection of that nature.
.hrr. Sergeant Wit,ne,'who appeal es.l for the defendant,
waited the case at once to be turned ipto a special au-
dict,,that the opinion of the Court might betaken upon
it in the roost solemn form.
Mr. Sergeant Toon would not consult to this, on
behalf of the plaintiff.
Sergeant WILDS then said, that he should be
cOnnt.elled to ask the ChitfJustice's pet missions, to tender
a iiill..ol.exceplions.
The guru Juaticit eipiessed, in the most unequi-
srne,illtiattner, his disappic.bation of that wide of pro-
ceeding • which he described as being oply a, very
Otero. wain( moving for a new utal.i He.did not
phiceoo itns bringing his opinion under the tee*" of
'pother Court ;,tot he was Anal* happy that hisjodg-
spent ilinith,l be reviied by that of thers more compe
tent:tbaniiimself; bUt hq Objected to, it as only tending
*to laicise the expenses of the parties, and to delay ere,

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termination of their snot. Besides, in the- present in.
stance he did not !clime toseObill of exceptions could
be tendered, when he had expressly declined giving
any opinion on the point. His Lorilehipintimated, t
that this was not cleating the Court qt Common Pleas
very respectfully.
Mr. Sergeant WILDE was compelled to take this
course; by the conduct of the ot! er side. He protested
that he felt not the slightest disinclination to eutrust
the Court of Common Pleas or his Lordship, with de
entire decisinu of the case; but he did thick his client
was entitled to. requite, in a point of 'ugh nicety, that
the Court, by the solemn manner in which the point
was presented for their consideration, should have evely
possible assistance that could be afforded them. He
begged that neither at tilis, nor at any other time,might
it be coasideted that his tendering a bill of exceptions
was meant in the most distant manlier, to convey a dish
respect tovrards the Learned Chief Justice, in whom he
declated he felt as much confidence as in any Judge
that ever sat on the
Mr. Sergeant TADDT still refus"d to consent at once
to turn tit case into a special verdict.
Mr. Sergeant WILD! then said he must adopt the
course of tendering a bill of exceptions,which he again
pretested he did from no disrespect to the Bench; but
solely from the wish to secure for this pilot the most
solemn mode of c nsideration tallith the practice cf
the Court would afford.
The CHIEF JUSTICE then said he bad seen so much
delay caused by.these bills of exception, that he would
not seal that tendered in the pre ent case, unless the
substance of the exceptions was handed up to him be.
fore the rising of tee Court, and the bid itself fully
prepared and presented before the Worth day of neat
Term.
Sergeants Wm= and STEPHEN were inclined tin
doubt whether his Lordship could impose conditions of
this sort upon a legislative tight; and the former ie.'
pealed what he had before said as to the necessity he
was under of adopting this course.
The CHIEF JUsTICII recalled the Learned Sergeant's
attention to the fact, that as he had not stated any opis
Mon to the July, there was rn thing on which to tolind
a bill of exceptions.
Mr. Sergeant WILD! said, that his exception would
be. that his Lordship ought to here directed the Jury
to find f .r the defendant.
T e CHIEF JUSTICE did not thitsk the Court of King's
Bench would entertain a bill of exceptions founded
solely on the Judge's statement that the point in dispute
-was so difficult and so novel that he could give no
opinion upon it. His Lordship then again addressed the
Jury, and repeating the point under discussion said, he
should give no opinion upon it, but should tecommend
'them to find a verdict stating—whether.they believed
,the party to have by his conduct assented t the alters.
,tire
in the bond? and declaring that his only object in
ask!ng for their verdict on the fact was, that the slues-
lion of law which be now declined to decide might be
raised for the opinion of the Court. .
The Jury accordingly found a verdict for the plaits-
;tiff, stating that the alteration had been euhsequently
assented to.
Mr. Sergeant Watts and Mr..Seirgeatit STEPHEN then
proposed to tender for exception to their direction, that
the Jai y ought to have been distinctly directed to find
for the defendant.
The Cut as imam repeated his intention.of confining
,theta to complete the preparation r.f the bill of • 'seep-.
tiros before the fist four days of nest term.
Sarasota Wits' and STEPHEN again intimated their
belief that his Lordship could impose no such conditions.
The Come JUsTice observed, that the only. opinion
he would give in this case was, th at he had such a power.
The party to whom the verdict was awarded had a
right, by the law of the land, to enter up judgment on
the morning of the fifth day of the Term; and he (the
Chief Justice) had no power, by coostming to any de-
lay, to foleprive him of that tight. The bill of excep-
tions should either be prepared fully before that day,or
-it should be prepared now.
Sergeants WILDS and STEPHEN did not consent to
bind themselves to complete the preparation of the bill
before the time mentioned ; on ohich
His Lon:mute said he would have it prepared
im-
mediately, and would stop the proceedings of the Cow t
for that purpose.
"here was another cause arising out of the same cir-
rtomstances, and it was Froposed to take a nominal vet-
diet in that caw, subject to the decision dthe asst.
The Clasp Jose= said, that the verdict in the
second cause could not be taken, as the Jury were
pot 'opposed to have returned their verdict in the first,
as a bill el exceptions must be tendered before verdict
given. H s Lord hip then stopped the proceedings of
the day—the Jut y retired to procure some refreshment
—the Chief Justice went into his private room, and the
defendant's .Counsel began preparing their bill of ex.
eeptionf. When they had thus been engaged for above
an hour, a message was conveyed to his Lordship, who
immediately returned into Court.
Mr. Sergeant %Vitae then observed, that as his Lord•
chip's only object, was to prevent delay and injustice, he
(Mr. Sergeant Wilde) apprehended that that object
might be auained, notwithstanding that Mr. Sergeant
Teddy would not consent to torn the facts into a special
verdict. All that the defendant wished was to obtain
his Lordship's judgment in the most convenient form ;
and he, theretore, proposed that his Lordship should
direct the Jury to find a special verdict, stating the cif.
commence,* of. the case, and the defendant's Counsel
would undertake to produce that special verdict to the
Court within any time his Lordship might require. By
that course the object they had in view would be at;
tamed by a shorter aqd certainly a less expensive way.
It was the plaintiff's. business to prepare the verdict,.
but the defendant's Counsel would undertake aroy re.
sponsibility on that subject which his Lordship might
think necessary.
Mr. Sergeant Tama said, he trusted his Lordship
would not concept to direct the Jury to find a special,
verdict in this case, as it would be conclusive against
the plaintiff, and would prevent him from Winging
this cause again before the Court, under more fa-
vourable circumstance.. So greatly did he feel the
disadvantage to be, under which his client would labour,
it a special verdict was now taken, that he declared be
should feel hisissilt bound to withdraw the record in the
nest CUL!, tither 'dean submit to die diffictilties which
would t 1 be itapcse4 upon 'his client. He would not
say that a special verdict would produce injustice, bat
certainly it mold be num locuntreniesst mode of ad-
ministering jusside.
The Curie Janie laid his day Otject had been to
prevent delay and useless espouse. He newer, tin any
occasion, bad any Ether wi.h than to pvirent pettier
from being interrupted io having their money,whehi'by
the ordinary practice of the Court, they had a right to
have it. Every party hid a right to say he was not eon.:
tented with the judgment of the Court of Coanssonflitissi
they bad a right to go tetbeCoutt of King'sßench ; sad'
if they we v not then sithilett, they inight carry teen
cause to'theliciikOlif Lords. Hewished it to be dhtieritlyi
understood, that if any parties wished to exercise that

right he should be the lair to iittempeto abridge it. 114
.should; therefiat, most readily y dlitikpiethiftiot
now Made, which was in fact the same he bad prey
an hour since. Ile should dila( t the Jury to fend a +real
roerkfict ni the facto, sad whatever the Court or Common
'Wear might determine with respect to that verdict, nrips
after wards be carried int the Conic of King's Bench ;
'and if any difference (which he did not expect) should
ther would then see-who sr:alight and who was
wrong. His Lordship added, le• **et the
whole of the e. idence to the Jury, and beg them. to"gise
him disarm answers with tespett to the facts tithe essei
but he.now declared, that he-would MA eclat onelott of
the rule he had laid down with respect to the bill of ettep:i
tie•ns, but would have the special verdict fully preParcd
and piesented. to the Cuwt .within the first four days of
Term. His Lordship then tecapitulated the evidences and
asked the Jury, 1 st, Whet her the alter at km had been Thad*
in the hond of:er the defendant had executed it? 2diy;
Whether that alteration had been made with the pre
pious assent of the plaintiff? &fly, Whether it was sub'
sequently assented to by the defendant? and 411rhys
Whether the *lteration was made with the assent of the
defendant given at the time?
The Jury retired for about half an how, and then
rewrite:l a verdict for the plaintiff, entwining the tine&
flout questions in the affirmatives and the last in the
negative.
MIDDLESEX SESSIONS, Dec. 18.

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THIS SING V. NOR THHOUSI AND Low.
This being ti,e adjournment day of these Sessions,
the defendants Messrs. Northhouse and Low, who were
convicted at she last Sessions of conspiracy and obtain-
ing by false pretences from Mr. Baldey, a sum of 1(X1.
were brought up for judg me, t.
When the case was first called on Mr. C. PHILLIPS,
the Counsel for the prostcution, begged to observe (in
the absence of Mr. llrodrick) that Dr. Sutherland, the
eminent and respectable Medical Gentl.man, was in
no way whatever connected with this case.
Mr. ALLEY their addressed the Court—The Court had
been k'nd enough to allow the case to stand over fOr a
fortnight, on an application for an arrest-of judgment,
and he now begged to renew that application, on the
ground that the indictment was wrongly framed;
besides which, he had several affidavits in support of
his motion. The indictment contained seven or eigla
counts, reaching at least as far ai from the Court to
Clerktawell Church (s laugh), some of which charged
one offence, and some an offence of quite a different.
character. It was alleged, in one part of the indict-
ment, that the defendants had conspired together to
defraud Mr. Balder of one hundred pounds, by reprr.
seating that Mr. Hume, M.P. and Colonel Tines, were
part propri::tors of a newspaper called the Free
Press, by which means they prevailed on him to
subscribe 1001. another part of tire indictment only
all✓ged the defendants had defrauded Mr. Batley of
that money ; the fact was stated in two different ways,
chrectly opposite, in or e of which they were amenable
to common law, while the other was punishable by pe-
nalty and imprisonment under the False Pretence Act.
N.rw, could it be possible for persons to be found
guilty of committing an offence two different ways?,
The thing was impos.rble. How could the Court- ap-
portion the punishment? They could not by possibility
do it. Mr. Alley then said he was anxious to do a
piece of justice to Mt. Hume, whose affidavit he held.
The prosecutor, Mr. Baldey, swore on the trial if the
defendants, that he neser heard that. Mr. Hume
and Colonel lines were not proprietors until the trial of
a cause io the Court of Icing's Bench, in July last. Now
he had the affidaeit of Mr. Hume, stating that in June,
1827, eighteen months ago, Mr. 11Adier wrote to ask
him if lie were a proprietor, to which he replied he was
not, nor had he any thing to do with the concern.
Mr. DUNN observed drat the object of_thi:i prosecu-
tion throughout was to make Mr. Hume a(partner.
Mr. C. PHILLIPS observed that the only object was
to bring the partners to justice. He begged to say,
that as it was clear the case could not be decided to-day,
he hoped that Mr. Baldey might be allowed to reply to
those Affidavits.
Mr. ALLAY proceeded at considerable length, and
said on the groulds he had stated be prayed for an ar-
rest of judgment (in the langpage of the law) sine die.
It being understood that the case must stand over,
Mr. Alley
,and Mr. Donn applied to the Court to alloA
the d. fendants to be liberated on bail.
The CHAIRMAN said he had no power to do so—they
must remain in custody until the first day of the next
Sessions, when they woold be brought up for judgment

WINTER ASSIZES.
MAIDSTONE, Damsons IS.

'CASS OF Ma. AUSTIN.
No less than 18 true hills were yesterday returned by
tl.e Grand Jury against this Gentleman, foi embezzling
and secreting divers sums of money, the isoperty of
his Majesty, which sums had passed into his hands by
virtue of the office he then held of Deputy Treasuier of
Greenwich Hospital. .
The charge i* thus stated in the Kent calendar:
" Thomas Austin, aged 55. brought by Habeas Corps. from Ms
lisLieltf's gaol of Newgate: committed the 3d of September, 182$,
by Mr It, Birnle, Knight, charged on the oaths of Wm. Paine and.
others, for that be laid Thomas Austin being a clerk and servant
to our Sovereign Lord the King—to wit' Deputy Treasurer of
Greenwich Hospital—did feloniously steal and embezzle themes
of .C 12,843 12.. dd. the monies of our said Lord the King.
" Detained further charged ma the oaths of Was. Paine and
Alert *Mb feloniously stealing and embezzling the sum 014
159. 741. the monies of our said Lord the King, at Greensviele
It was espected the pthoner would have beets tali
es one or more of the indictments this morning, before
Mr._Jostice HOLROYD ; but owing, as.is rumoured, to
the witnesses for the prosecution not being all in at.
teedance, the Dial was postponed, and now stands fixed
Ear eight o'clock to-morrow morning (Fliday).
Messrs. HOLLAND and Baonatct have Win retained
for the prosecution, and have been engaged in several
long consultations win the Hospital Solicitor, Mr. Back.
nell, relative,.as is said, to some legal difficulties which
the r aies are expected to present.
.Messrs. ADOLPHUS, LAW, and CLARKSON are to con-
duct the defence, and are expected to raise a variety of
objections, to the form of the indictment, which are
flamed under Mr. Peel's late Act, for more effectually
punishing hands and embezzlements by servants.—
Among other objections, it is said, it will be urged that
Mr. Austin was not a..servanv of the King—that beheld
his -appointment under the Treasurer of the Hospital, to
whom be gave security, who was responsible for his
acts, and by whom alone he could be deprived of his
office; and, consequently, if he was the' servant of any.
ine, he was the servant of the Treasurer, and not of the
lug. The case excites very great interest throughout
coentry, and the Court is likely to be very crowded.
Before Mr. Justice Boassouon.
BURGLARY.

Ch ark. Currey, William Benati, John Joma, and
Thaw Green, were -charged with breaking into the,
house of Mr. William Amer. the sign of the Two
11:sweis at Lewisham, tad stealing therein two guns
several bottles •of spi its. and other articles.
'The property was safe on the night c f the 10. h if