Star.
London, England, 1803-02-18 00:00:00

iAtr INTGLLIGENCi.

. SHERIFF'S
Emk v. Demi 11.—This was an in•
rmlfition of damages, awarded in a caulk in which
Spencer smith. Efq. the late Ambalficlor to the
Ottoman Porre, and brother of Sir Sydney Smith,
was plaifiriff. and Mr. Deane, a refpecciable livery
liable keeper in Bond-fireet, was defendant.
Mr. COURTOPP Rated the cafe on the part of
the plaintiff, whom be reprefented as having re-
ceived an injury from the defendant, aggravated
by the infult with which it was accompanied. The
plaintiff, whole town refidence was in Bond-thee:,
had the ufe of a four-hall liable and coach.houfe,
in a yard immediately adjoining the premifes of
Mr. Deane, who conceiving that the plaintiff's
carriage was in his way, took every opportunity
of quarreling with the fervants of the plaintiff, and
(peaking degradingly of their mailer. On the day
Rated in the declaration, the plaintiff's coachman
and groom had put the horfes to the carriage, and
Mr. and Mrs. Smith were full drelfed. ready to
proceed in it to the Levee at St. James's. in the
mean time, the defendant contrived to draw thel
carriage on his own premifes, after which he fe-
vete] y beat the plaintiff's groom with a (witch, and
fwore he would now have fati.faftion. The bay
went crying into the houfe, and the plaintiff's
butler went out to enquire what was the matter.
The defendant faid the carriage had no right to
be where it was, and damn hint, but ht would
have fatisfaCtion. He was Aced, what fatisfaCtion
he required ? He replied, he would fee Mr. Smith.
The butler retut nett, and related the tranfaCtion
to his mailer, who declined having any .hing to
fay, to the defendant. Mr. Deane flew into a v:o-
-lent paffion, and fsrore the plaintiff th, uld ntither
have the carriage or the horfes again. He accord-
ingly ordered one of his fervants to drive the car
riage to the Green-yard, and there leave it. The
confequence of this unwarrantable proceeding wa.i
Mr. Smith and his lady were obliged to content
themfelves with a hackney-coach for that dav,and
the plaintiff was afterwards under the neceffiry of
hiring another carriage and other borfes. He hid
brought the rre ent aCtion of troves to recover the
value of the carriage and hortes, which the de
fendant had fu uujutily and infolently withheld.
and ample damages for the infult he had received,
and the inconvenience he had been put to. The
Learned Conflict urged the humiliating Rate to
which the plaintiff and his lady had been reduced
by the violent conduit of the defendant : for a
lady of fafhion to be compelled to go to Court, o
to pay vifits in a hackney coach, was fo degratlnr,
that icarce any damages could be deemed an ade
quate compenfation. He untied the Jury would
give thofe which fhould have the effeft of preventing
the defendant ever being guilty of a fimilar offence.
' The witneffes for the plaintiff, confifting of his
butler, groom, and other fervants, exatily con
firmed the Ratement made to the Learned Courfe!

Mr. Esrimasse addreffed the Jury for the de-
fendant. He oblcrvect, that the behaviour of the
plaintiff's fervants had been uniformly diredei to
his annoyance in his bufi'nefs. They had repeated-
ly placed the carriage in that fituation which pre-
cluded all accefs to -his tide and gable-yard. He
had frequently remonttrated, but without effed
and at length finding the coach and horfes upon
that part of the premifes, which was exclufively
his own, he had ordered them to be driven to the
Straw-yard, conceiving he had a right to do fn.
The inftant he dikovered he was erroneous h his
opinion, he made that propolition to the plaintiff,
which no Gentleman ought to have refuted. He
offered to return the carriage and the honks in the
Came Rate as when they were taken ; to pay all
expences, and reafonabie damages for the incon.
venience funained ; and further to make a (nimble
perfonal apology to the plaintiff. But no; this
overture was not fufficient to fatisfy the wounded
pride of the Ex-Ambaffador. He ;tanned upon
having a formal apology, figned by the den hint
and in(erted in all the public nevrfpapers. This
the defendant.' with the honett indignation which
becalm an Englifbman, rejeaed. It had often been
(laid in the Courts of IVeßmintler, both at the 1 ar
and on the Bench, that fuch an apology was un-
worthy a gentleman to alk, or a man of honour
to fubmit to. It was a fort of degradation which
no Briton ought to yield to, let the r:lnk of the
party requiring it be what it would. The defeat-
dant was Rill aftuated by there feotiments which
&ft induced him to make the liberal propofition he
had offered. He was willing to return the horfes
and carriage, pay all expences, and make a tea-
(unable compenfation, but againf vindiBive da•
mages he protetted. The learned Counfel Rated,
that in anions of trover,if the thing detained could
be reßored infatis po, it was all the plaintiff had
a right to require, Cave moderate damages for the
temporary derivation of it. It was not the pro-
vince of the Jury to give vindidive damages for
the purpofcs of healing the imaginary wounds in-
Aided on falfe pride and fell-importance. The
defendanthad merely taken.' Rep which he thought
necetrary to the affertion of a fuppofed right. It
turned out he was mittaken, and he was willing
to make every reparation in his power. It was 1
much to be regretted that the brother of the brave
defender of Acre fhoold have endeavoured to
make an ailion of law the medium of crufhing
and ruining an hone and worthy tradefman, who
never. for a moment, felt the leaf perfonal refent-
:Tient towards him. He could call witneffes to
prove that the plaintiff's hates, at the time they
were driven to the Straw-yard. were in that condi-
tion which rendered it impoffible for them to do
any work, but it was not his wills to go into this
evidence. The defendant was defirotis of paying
the d images alually fußained, to the Intension
farthing. All he required of the Jury was, that
they &mild not give vitadidive damages.
Mr. Coo a TOP e contended that the plaintiff was
entitled to damages. not only for the injury. but
for the infult.
Mr. Cossimama Paid. his duty would not al-
low him to put that point to the Jury. In an
anion of Grover, a plaintiff could only be entitled
to the reftoration of the thing detained, and the
dual lots (unlined by the detention of it.
It was at length agreed between the Coaniel-

• ..
witholit going to the Jutt, that the horl'es, int:-
nets, arid coinage, lhoulti.,bc reilpred, an,l ihat
the eefend:9t thoidd pay the tom of 20 guineas, as
a compenfoinn for the inconvenience and expence
to which the r.:4intiff had been put by the deten-
tion of his property.

COURT OP KING'S r Men, FE2. t;.
HILLMAN 4. TUCKER.

This was an attion to recover the Cum of 601.
paid by the Piaintiftto the Defendant, fur a Barge
which he purchat'sd of him, upon the ground that
the barge was not agteeable to the warranty which
the Defendant gave to the Plaintiff at tile time of
the purchafe, namely, 4' That the barge was per.
feetly found, and was fit for ufe for two years with.
out repair, accidents excepted," whereas it wasnot
found, but leaky at the time of the tale.
In the courfe of the trial a perfon of the
mutt: of William Perry was examined as a witnefs
ft r the P aintiff, and Mr. Erfkine, on crols.exa-
mit ing him, afked him whether he had not been
stopriloned on a convieinn for forging Coal Meters'
Tickets Upon which Lord Ellenborongh told
the sitters that he was not bound to anfwer the
quetlion; and he refitted to anfwer. The Court
then proceeded, and the evidence and addrefs of
Coonfel being over,
Lord Et.,.swnottoucx fummed up the evidence,
and gave direction to the Jury, and in taking no-
tice of the evidence of Wm. Perry, his Lordfkip
faid, he was bound to tell the Jury, the witnefs
was no: obliged to anfwer the queition put to him.
whether he was imprifoned on a coaviaion for
forging Coal Meters tickets ? that be was entitled
to the protection of the Court. and that a judge
who did not afford him protedion, in refuting to
anfwer fuch a queflion, would be guilty of a bate
dereliaion of his duty, for that a Witnefs in a
civil :taints was not bound to give an account of his
crimes, but of his knowledge of fads relating to
the iffue ; and that the refufal of the Wimefs to
anfwer that quellion, threw no manner of difcredit
upon him, and that if his Lordfbip had himfelf
been a witnefs, he would have refufed to anfwer
fu,:h a quetlion, although innocent, becaufe it had
no reference to the ilTue on which he was examined
as a witnefs.

Mr.E a s s•-" Before the Jury pronounce their
vercha upon this quedion, which is of very great im•
portance, as it teems to me, I rile to tender a bill of
Excepticms to part of your Lordfhip's direFlions to
the Jury. I have taken down the words."
Lord ELLINSOLOUGH" We will take the
verdict firft."

Mr. ERSICIIII.-" If your Lordfhip pllafes :
but it has been ufual to tender the exception- he-
lot e the verdia."—The Jury found a Verdi& for
1 the Plah.tiff—Damages 601.
Mr. Ellsxls a—" The ground on which I tender
a Bill of Exceptions to your Lordfhip's dire lion to
the Jury, is this : When a queftion was allied by
me, as Counfel for the Defendant, to the firft wit.
nefs, William Perry, whether he had not beers
imprifoned upon a conviEtion for forging Coal
Meters' Tickets ?your Lordthip gave him the pro.
teltion,. which you raid you were bound to do,
by telling him that he was not bound to give an
anfwer to tech a (patios), and which you Rated
in terms which I find no fault with: your Lord.
(hip then proceeded, that you felt it your duty
to give the witnefs your proteition, and then you
raid- and that is the fubjea of my Bill of Excep-
tions), you were bound to tell the Jury that fuch
refullil of the Witnefs (to whom yon afforded the
proteaion) threw no manner of difcredit upon
him, and in ordsr to clothe that fentiment with
the higheft poffillle fanition, and which carries
great weight with it—l mean nothing perfonally
difrefpeafnl to your Lordfhip, for whom .1 have
the highelt efteent—
Lord ELLINSOROUGH" You need not make
any obfervatioos, for I am really glad to have my
condo& queftioned in a regular courfe. I bope.l
am not fo foolifh as to receive any offence at.it.
Mr. EILSICINI." It would be extremely
painful for me to offend your Lordthip. You
then yelled, my Lord, ' I fhould have refuted to
anfwer fuch a queftion myfelf,' by which I took
you to mean, that if.this queftion bad bees put
to yourfelf—
Lord Ei.asusoaouon—a I mould have,
al4ll •
to anfwer." •
___l
Mr. Easates—" There has been Come art►
rence of opinion on this fubjea."
Lord Etaamaottouoit" This, I think, is not
the feafon to difcufs any thing upon the fubjea.
for that is to be argued upon the Bill of Excepttons.
1 I am taking down the words to which you f.y you
1 objea, in my diration. I told them that the wit.
nets was not bound by law to anfwer the queflion,
and that is a part which I underftand you find no
fault with."
Mr. Easatwe" I do not exclude that from
obje.lion, my Lord : the Bill of Exception goes to
the whole of the fentence."
Lord ELLENBOROUGH".I do this very advi.
redly, and I court this difcuffion."
Mr. Easaint—" It is proper for Coonfel. ha
tendering a Bill of Exceptions, to explain the
reafons filr it."

Lord Extansoaouon—" I think not: I will
take down the words to whith you except, as if
tendered to me on paper; regularly they ought to
be offered to me on paper, ard I ought to kal it ;
but I will take the words from you.q
Mr. Easains---44 The queliion to the Witnefs
William Perry, was, hethet he had not been
imprifoned on a consiftion for forging Coal Meters'
Tickets I' and your Lordfhip ruled, that he was
not bound to anfwer the queition ; the NVitnefs re.
feed to anfwer, and your Lordfbip laid to the Jury
upon that point,' I am bound to tell you, Gentle-
men, that that refufal throws no manner of dilcre.
dit upon him, and I lhould have tallied s,, adwa
it myfelf."
Lord Ettrusoaotion took down the words
objeeted to, and then Paid—" I hope this will be
lei ioufly proceeded in, otherwife it fhould not have
been thrown out, for the conduit of a Judge ()weld
not be lightly quetioned, and I do hope that rota
do mean ferioufly to proceed in this."
Mr. Ea Kis s-44 I certainly do, my Lerd, mean
:stiontly to quc ion 4." [Tans seen

1 ~=

LAW INTELLICANCE.

IN CONTINUATION FROM THE PRECEDING PAGE.

COURT OF KIN U's BENCH, FEB. z 6.
SMITH V. KtLLY.

Mr. GAIROW (tilted that the Plaintiff was an up-
ilerer in Broker's-row, Long-acre, and was altb
a dealer in fpit ituons liquors; and the prefcntanion
he had brought was one among many others,
which (hewed the facility with which tradefinen
parted with their goods. With regard to the De
fendant, Mr. Kelly, he hardly knew how to de-
fcribe him. He had obtained property of the cre-
dulous Plaintiff, by pretending to be a HAmburgh
merchant of splendid fortune, who had taken a
'mule in Briatillone-Itreet, with a view to furni thing
it in the &It (kyle of modern magnificence. He was
one of that dafs of ctiaomers, whom Mr. Oakley,

the proprietor of the celebrated Magazin du Modes,
had, upon a memorable trial, defcribed them as
perfons who, from the extravagant nature of their
orders, were polliffed of large property, and
would pay liberally, nay, lavittly ; or were fwin-
dling adventurers, who would not pay at all.—
Unfortunately for the Plaintiff, the condua of the
Defendant rendered the latter defcription more
immediately applicable to him. He had been re-
commended to the Plaintiff by a Mrs. Filter,

and affuming the air and conferpience of a man
• of fortune, he ordered about him, and befpoke
artichn of furniture, which were worthy to have
adorned the Marla ile P/aomce of the molt luxu-
rious Princes. l'he Plaintiff, conceiving him per.
fatly refponfible, trnfled him to the amount of,
near hoof. He alfo gave him credit for wines and
liquors for the entertainment of himfelf and his
guefis. Shortly after, the Plaintiff, to his great
aftonifliment, found that the foWasit Hamburgh
merchant had been arrefled, and was incarcerated
in the King'x Bench prifon. He therefore thought
neceffary cola y a detainer igain him. He fhould
his cafe which would entitle him to a verdict;
prove
do him good with it, for it is a thoufand
to one if he ever received a fhilling of his money !
The plain t ff's a pprentice proved the various items
a the charge againft the defendant.
Mr. East IN E faid, he was not inflrulted to infer
that the plaintiff was not a very fair and honour.
able tradefman ; it was only his duty to contend
that this action had been prematurely brought.—
With regard to his own client, he was not perfonal-
Iracquainted with him ; he was reprefented to him
as an Hamburgh merchant. The defendant had
been acquainted with a Mrs. Mary Fifher,whohad
dealt with the plaintiff: Thelma recommended him.
The plaintiff, on being applied to, to furnifh his
houfe, made him this propofition in writing—" Sir,
I 'hall be glad to furnifh a houfe for you at any
time on this condition, to be paid one-half within fix
months after the furniture is put in the houfe, and
the other half at the end of the next fix months,
making in the whole twelve months credit." A
tradefman was at liberty to make what terms he
pleated ; he might offer to fell his goods for ready
money; but furely after he had agreed to give credit
for a particular period, and had delivered hisgoods,
be could have no pretence for arrefling the body d f
his debtor till that period was expired. The plain.
tiff having delivered the furhiture under this agree-
ment, afterwards fubfcribed to the following ad.
jufiment.-4, Settled by two bills, one at three, the
other at nine months; the wine account fettled by
a bill at two months." Bills were drawn according
to the purport of this fettlement, and the Plaintiff
paid them away ; notwithftanding which, he had
lodged a detainer againft the defendant before their
cutrency was expired. If a man fold goods upon
a fpecific credit, and bills of exchange were given
for them, he could not poffibly make any demand
till thole bills became due and were difhonoured.
Lord Ext. EN BOROUG H.—Were the billsaccepted
Mr. Gaaaow.—There are none in exigence, nor
ever were.

Mr. Emma, laid, he (hould prove they were
given and paid away, and that they were current
at the time the aelion was brought.
Mrs. Mary Filher laid, the knew the Plaintiff ;
the had dealt with him, and paid him tool. for
goods purchafed. She Rated that the Plaintiff had
delivered the furniture to the Defendant on the
terms mentioned in the agreement. On her crofs-
eiamination by Mr.Garrow,fhe laid, the knew bills
of exchange had been given for the amount. She
was not prefent the whole of the time, but the was
certain the bills were drawn ; (he law them lying
on the table ; the thd not read them. Having dealt
with Smith, and had a flight acquaintance with
Kelly, the had recommendeded the latter as a good
collomer. The tool. the had paid was her own
money. She was not born without money. She
came of creditable parents; the had been acquaint-
ed with the Defendant time years, but had not
long lived under the fame roof with him. He had
been abroad, and of courfe (he could not have
lived with him. He was aow in the King's
Bench. She bad an apartment of her own, and
did not live with Mr. Kelly. She never reprefent-
ed berfeif as his houfekeeper, but only as his ac-
quaintance and friend. She never appeared as the
mitirefs of his houfe. She could not fay how
much the Defendant got fur the goods when they
were afterwards fold by arrelinn by Mr. Phillips.
They were fold about five or fix months after they
were delivered. Mr. Kelly was a gentleman, and
had plenty of money. She was not of his parties.
Mr. GAILILOW obferved, the Defendant might
well have money, when he defrauded a RAM.
man out of Rool. worth of goods, and immediately
fold them by auelion-
The firft agreement was offered as evidence, but
not being (tamped, it could not be re( eived.
MI. GAMMA', in his reply, laid the forms of the
law were happily calculated to do Mice, and the
Jury would be glad that the Plaintiff's demand
could not be defeated by laying that lie had re.
ceived fornething not war th a worth.
lel. ',river of a man who was a priliner in the
ircar The rt was nothing mote
nr arts ihan this: the Detendaa wok a pr. tended
Ilan.brn* nr.:ch int, IA dy knew, at:.l
utl ni,..n) n. '‘ ,d•' I: .1 ..; life
in order lu 1./pOle ed the Al

form as lie got point inn of them, he had availed
hinifelf of the in yoduElion of a handfome, &thing
lady, with a miff tioret, laced fpencer, and the
other paraphermilia of fallsion, who had previonfly
vutehated ~,nosis for which the paid te+dy money.
The lir:nel tradelinan, dazzled by the bank notes,
and the reputable name of Abraham Newland,
never imagined it was a decoy to lure him, and put
him off his paid. This was the ufual cootie of
thole who meant to defraud : they regularly paid
for the fir articles they pnrchafed, in order that
they might get credit for others, for which they ne-
ver meant to pay. The Learned Counfel strongly,
and with a Food deal of apparent probability, in-
ferred that the tool. had been paid by Mrs. Falter,
wilt no other view than that of inducing the Plain
tiff to give credit to her fubfequent recommenda-
tion of the DelenJant. He contended, that when
a tradetinan agreed to take a bill for fix or twelve
months, that the bill tendered to him ought to be
loch a one as he could immediately carry to the
dircount market.

It appeared, that notice had been given by the
befendant to the Plaintiff, to produce the Bills of
Exchange ; but as it turned out they were notes
of hand, and not Bills of Exchange, the notice
was deemed infufficient.

Lord ELLEMBOROUGH °blasted to the Jury, that
it did not appear the ropufition of the Plaintiff
had been acquieited in on the part of the Defen-
dant—this was neceffary, in order to make it mu-
tually binding. If it had been affented to by both
parties, then this action had been brought too foon;
but if not, the Plaintiff was in the ordinary fituation
of a creditor, having a sight to maintain an affirm.
It did not appear with any degree of certainty,
whether any Bills of Exchange had been given.
The fury, without the leafthefitation, returned
a verdict in favour of the Plaintiff, for the whole
of his demand, amounting to 7781. and the verdia
feemed to give general fistisfaltion. •

~~