Star.
London, England, 1818-07-04 00:00:00

This was an action of trover, to recover the value
of a dog belonging to plaintiff, which had been, it was
alleged, unjustly detained by defendant.
Mr. SCARLET? stated the case to the Jury. The
plaintiff was a perfumer, residing in Lombard-street.
The defendant was also a perfumer, and resided near
the same place. It appeared that in November, 1816,
the defendant had two dogs, one called Boxer, and
the other Lion. Boxer was a hull dog, and Lio.• a
Newfoundland. The dogs used to tight frequently,
and Lion generally had the worst of the combat. On
one occasion Boxer bit Lion in the leg, in conse-
quence of which the latter kept his bed for three
weeks. The defendant being desirous of separating
the dogs, asked plaintiff, who was then in his employ-
ment, whether he knew any one who would accept of
Boxer ? Plaintiff said he knew a Mr. Southey, who
would be glad to get him : on which defendant left
orders to let him be given to him wheneverim called
for him. Mr. Southey accordingly called, got the
dog delivered to him, and after having kept him
some time, he gave him to plaintiff, who left defen-
dant's employment soon after ; and having set up the
same business, used him to draw a truck. The dog
was a strong one, and was of great service to plain-
tiff in this way. Plaintiff kept the dog until the early
part of this year, when defendant seeing him pass his
door in March last, seized him, and kept him ever
since. The damage sustained, was laid at twenty
pounds; a very moderate sum, when it was considered
of what service the animal was to plaintiff. He
should prove these facts, and would leave it to the
Jury to say, whose property the dog in reality was.
His clknt wanted merely to get back his dog, and he
should be satisfied.

Robert Butts, the plaintiff's brother, lived at the
house of Mr. Price in November, 1816. Mr. Price
had two dogs, Boxer and Lion, at that time. Boxer
is a bull dog, and Lion a Newfoundland dog. Boxer
bit Lion one day, and Lion kept his bed for three
weeks, in consequence. Defendant asked plaintiff if
he knew any one who wanted a dog? to which be re-
plied, that a Mr. Southey wanted one. Mr. Prke
said, I wish you would send him here, and I will give
him the dog Boxer. Plaintiff sent Mr. Southey, who
went to defendant in a day or two, and got the dog.
Southey went up into the soap room where Boxer
was tied. Defendant had previously given directions
to let Mr. Southey have the do& whenever he called.
Mr. Southey kept the dog four or five weeks, and then
gave him to plaintiff, who kept him until March last,
when defendant took him away. Plaintiff had set up
the same business as Mr. Price, and had used the deg
in his truck.
Cross-examined.--He lives now with his brother.
Southey keeps barges on the River. Witness's brother
never asked plaintiff to lend the dog to Southey.—
There was a hearing before the Lord Mayor about
the dog in January last. Plaintiff begged defen-
dant's pardon, and Mr. Price kept the dog. The Lord
Mayor advised the panics to make the matter op.--
7u princpal use of the dog is to draw a truck ; his
brother never fought him. Witness never saw him
bring him back from fighting other dogs:
Re-examined.--lle was mistaken in saying that the
parties went before the Lord Mayor in January-4
was in March last, and the occasion was on account
of an assault committed by plaintiff on defendant.—
Ile was sure that there had been no application on
est. part of plaintiff to lend the dog.
lift-. John Southey remembered having had a com-
nnanicion from plaintiff about the dog Boxer, in
consequenCe of which he went to defendant's house
and got him. This was in November, 1816. He kept
him four or fave weeks. lie never asked Mr. Price
to lend hint the deg: Witness, after keeping him four
or five weeks, gave nitr: to Butts, the plaintiff.
Cross-exantined.—lf: was a lighterman, and wanted
the dog to watch his geecls. Mc never saw Mr. Price
on the subject ; he did not ice him the day he took
131-er away ; he received no directions how the dog
was to be taken care of, or when he was to be retur-
ned ; he kept him in a cellar where Butts then lived;
he had no doubt but Butts used to fight him.
Re-examined.—Never knew that the dog fought.
Charles Palmer worked for the defendant, and re-
membered Southey coming for 11,2 dog. Witness
heard Price say, that if Southey came for him he was
to have him.
Joseph Savao lived with Price then Southey
came fur the dog, but could not say whether he took
him away then or not.
William Barrenger knew Boxer. The plaintiffhad
him before witness came into his service. Plaintiff
used to use him in a truck, in drawing which he was
very useful. Witness used to go out with the truck,',
and frequently passed the street where defendant
!lived.—The plaintiffs case being closed,
Mr. GUMMY; for the defeAdaPti said; be should