Star.
London, England, 1828-05-30 00:00:00

THE KISS.

Ah ! where's the kiss I had but now,
And where, my charmer, say,
The tear that in thine azure eye
Did glisten there ? both in a sigh
Impassion'd Jied away.
I felt the kiss, I saw the tear
That trembled in thine eye,
Joy's excess made thee weep, from love
The kiss proceeded : both above
Were wafted by the sigh !
Woolwich.

G. C.

LAW INTELLIGENCE.
COVET OF KING'S BENCH, GUILDHALL, MAT 29.
Adjourned Sittings after Easter Term, for London, before Lord
THHIIIRDIN and Common Juries.
PHILLIMORE V. MATTHEWS AND ANOTHER.

This was an action for an illegal distress.
Mr. CAMPBELL and Mr. CHITTY conducted the
plaintiff's case. The plaintiff, an appraiser, residing at
Hackney, being in want of a room, for the purpose of
depositing some working tools and other articles, hired,
in September last, of a person named Wheely, a back
apartment, in the house No. 11, Charlotte-street, Sad-
ler's Wells, which was rented by Wheely of the defen-
dant Matthews. The plaintiff continued the occupation
for a month, and then, having paid to Wheely the sum
dire for rent, removed his goods the latter end of Octo-
ber. They were followed by the defendants, who dis•
trained them for rent allected to have been due from
Wheely to Matthews. The value of the goods was
about 151. and to recover that sum, with a comprise-
tio,i for the illegal distress and detention, the present
action Has brought. It Appeared that the defendants
had acted under a mistaken notion that the Act of the
.11 George 11. which enable. a landlord to follow and
diArain the goods of a tenant fraudulently removed for
the purpose of avoiding a distress, authorized them to
:e Zr the goods of the plaintifF, who was no tenant of
Ma:thews, but merely tented the room of Wheely.
Mr. Hut elriltisON held a brief for the defendants, but
had no defence to make. At the suggestion of Lord
Teertarrau, a verdict was taken by consent for 171.
damages, to be reduced to 40s. on the delivery up oil
the goods uninjured ; otherwise the question of damages
to be settled by arbitration. The Jury wished to give
a larger sum ; but Lord TENTERDEN told them that it
was not usual to give large damages where parties
acted under a mistake; and besides, in this case all
parties were satisfied with his suggestion.
BAGOT WHELDON.
The declaration stated that tke defendant had pub-
lished in a Newspaper called the British Traveller,
several false, scandalous, malicious, and defamatory
libels, reflecting upon the chastity and general conduct
ni the plaintiffs, who are the daughters of Sir Paul
Bigot, Bart. The damages had been laid at 1,0001.
and the defendant had pleaded the general issue.
Mr. Sergeant WILDE stated the plaintiff's case, and
said, that a Lady who was compelled to come into a
Court of Justice to seek redress for a libel reflecting
upon her chastity, was, of all suitors in a Court of Jus-
tic; in the most difficult and delicate situation. The
Lerrned Advocate then stated some particulars which
llecame entirely unimportant, by the course which the
case sub,equently took. He said that, understanding
t :at his Lean e.f Brother, who conducted the defence,
had instructions to make an apology on the part of his
client, he ‘Mr. Sergeant Wilde) would defer any further
observations, unlit he heard to what extent the defen•
d 4n.s were prepared to go in making public satisfaction
for the injury which they had inflicted upon the feelings
of his clients.
M-. Sergeant TADDY, for the defence, then rose and
said, that the paragraph in question had found its way
into the paper without the consent or knowledge of the
proprietors; that they had found upon inquiry, that it
was wholly false—and that they were therefore anxious,
through him, to express their sorrow for having been
unintentio.lally the means of publishing to the world
statements which were so injarious to the characters of
the plaintiff., and so wholly destitute of foundation.
• Mi. Sergeant WILDE declared himself entirely satis-
fied wilt this apology, and the subsequent course of the
rote: dings was then arranged between the Counsel and
MDT n.es on both sides, a verdict bring taken for 1,0001.
the moininal damages, which sum will be reduced to the
amount of the plaintiffs' costs.
N HAN R. PRICE.

The plaintiff in this case is a musical composer, and
the otject at tile pre•ert action was to recover a com-
paisisation from the defendant, who is the patentee of
Drury-lane Theatre, for certain musical
which he had furnished in the Opera of The Illustrious
Stranger.
Witnes-es were called, wi.o proved that instructions
had been given by the defendant to the plaintiff. to
c-impose the music, pad tt-ai he had acrordnigiy done
ail, and that it had lue,ir liellOilibtd WitliVeitt success
for many nighis.
Messrs. Bishop and Smith, composers of music, said,
that a Lair remuneration to the plaintiff I.ut stir li music
would not he Icss than from 2001. to 300 i. exclusive of
the 544 of the copyright
Fn the defendant it was contended, that it was not
usual for the tatentres of the large theaires to pay any-
thing to composers for the music furnished by them,
when they reset ved to themselves the sale of the copy-
right. It was insisted that the performance of their
music at the th-aties was of infinite advantage to them,
inasmuch as that it gave a popularity to their pieces
Which mild not othetwise be obtained.
In support t t thus case, Mr. Kenny, the author of
several dramatic uorks, was called, and his evidence,
with that of Mr. T. P. Cooke, fully bore out the state-'
ment that no compensation was made by the proprietors
of tie larger theatres, where the sale of the copyright
was reserved to the composer.
Upon the strength of this evidence, after some hesi-
tation, the Jury found for the defendant.
BOYS B. SALE.
Mr. POLLOCK stated, that this was an action brought
by the plaintiff, executrix of her husband, against, the
defendant, to recover 441. two years arrears of rent.—
The husband of the plaintiff was sole trustee of the will
of W. Pitman, who died in 1818, possessed of • the pre-
mises in question, situated in John's-row, parish of St.
Luke. This property subsequently got into Chancery,
over which a receiver was appointed by the Court. The
defendant, who is a butcher, occupied a small house in
Jobn's-row, at 221. a year rent. Two years rent were
in athear at Lady Day, in 1827, for which the action
was brought. The facts of the possession of the defen-
dant and the amount of arrears due were proved in
evidence.
Mr. MILLER, who appeared for the defence, took a
legal objection to the evidence of the receiver, touching
the possession of the defendant up to. the time at which
the arrears were stated to be due.
The objection, however, was over-ruled by the Court,
and the Jury found for the plaintiff to the lull amount
of fortrlouripounds.

STARK II V. FLEMMING.
Mr. GUMMY stated that this was an action brought
by the plaintiff, a bricklayer residing in the Bwough, to
recover from the defendant 111. 19s. for work and la-
bour done in the way of his trade. The work was done
in the year 1822, by erecting a wall between the house
of the defendant and another person, the halt of the
expense of which the defendant agreed to pay. There
was also some other work done for the defendant.
The execution of the work was proved.
Mr CAMPBELL, who appeared for the defendant, Con-
tended that his client was not liable, inasmuch as a
written agreement, entered into between the defendant
and Mr. Rutt, the occupier of the adjoining house, was
not acted upon between the parties, but was *glee,' to
be relinquished before the wall was begun.
His LORDSHIP told the Jury that the only question
was, whether the defendant had made himself liable ?
and it did appear so, both from the agreement, which
was shown, and from the testimony of the plaintiff's
brother, who stared that the defendant gave orders re-
specting the building of the wall, while the work was
going on. With respect to the giving up of the written
agreement. he could not consider ts relinquished, since
it was produced in Court; and that being the cafe, he
could not take notice of any other verbal agreement
said to be entered into.
The Jwy found for the phsintiff.

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