The Statesman.
London, England, 1823-08-11 00:00:00

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ittate or ale Jolla Feats. floashry, Wert.. 4setsawst.
1 lassessa Of Nawcasrsts.troassOlersit.--J Dinifll
Meoloss. Seq. Is the ream of Witham RNPMd . ley,
Nog. iscsesal.

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,BANIERVintIIIIIII
figiiiioll/110 .01.41.61.4 • .

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BANKRIIPTCY 5UP1,122101460.
i W. Bealfbrook, of 'S
BANKeventies. 11Mk1h, lamer.
RUPTS.
J. Williamson, of Withlogton, Lancaster, dealer, to sur-
render Sept. 1,1, aad 20, at the Star Ins, Manchester, Attor-
neys, Messrs. Ellis aed Co. Chancery-lane, London ; sad
Messrs. Johnson and Lonsdale, Riduelield,'Manchester.
Hampltrey Humphreys and William Laced, of Liverpool,
iroo.oeorehoote. August 98, 27, and SePtembet 20, at the
George Inn, Llyeepoot. Attorneys, Messrs. Lace and Co.,
Liverpool; and Messrs. Taylor and Roscoe, Khan's-Mulch-
Iwpik, Temple, London.
.I'. Hobbs, of Westminster-road, victualler, Aug. 12, 18, and
lisp. to, at Basinghall.steeet. Aperney, Mr. Bennett, Sy-
mead's-ion, Chancery-lane,.
J. Greets, of White-Horse-terrace, Stepney. coil-merehant,
Avg. 13. 19, and Sept. 20, at Baelogball-street. Attorneys,
31_ . Freeman and Heatheote, Coleman-street.

Tumbles Lean, of Liverpool. coati-ataker, Sept. 1. e. mad
90, at the Star sad Garter Tavern. Liverpool. Attorneys,
Mr. Chester, Staple Inc, London ; and Mr. Garnett, Liver-
pool.
John Lucas, of Weymouth-terrace, Hickory-road, musical-
instrument maker, August 10, 93, and September 20, at
Hasisighall-street. *Barney, Mr. Lester, New-court, Crotched
Friars.
W. Drummond, of Kingston-upon-Hull, draper, Ang.10,23.
ea ger. 90, at Basiughalt-etreet. Attorney. Air. Chester,
Staple Inn, London.
T. Botcher. of Holborn, victioner. Aug. 10, Sept. 9. and
90, at Basiughall-street. Attorney, Mr. Carpenter, Furuirara
Inn.
CERTIFICATES.—Auc. SO.

A. Pope, of Bristol. banker—B. PATurk, of Kingston-upon-
Hull. grocer—F. M. Richards, late of Leicester, wine OM,
diant—A. West, of Ramsay. Huntingdonshire, grocer—J.;
Purdie, late of timetlene; ateroltant.
PARTNERSHIPS DISSOLVED. 1
W. Flint and J. M. Farman, of Warwick, linen-draper—J.
Jesus and J. Cdie,.of Bridge-street, Westminster, lusters—J
Knight and S. Knight, of Uppc.r Ground-street. Blecafrlerb,l
whiting manafacturers—T.'Dodgson sad W. Harris, of Cheap-
Ado. warehouseman—C. Yardley led 11. Cleaver. of Camber-
well, glue nianufacturers—l. Sailtheinan and J. Williams, of
Bientford, tiinnerh—P. Ainsworth and G. Ainsworth, of itias-
cjieeter, euiters—J. Collins and (3: Waller, of Spitst-squaro.
attorneys—D. Crow and G. *Utile/kid, tanners—J.
Spencer anal R. Poole, of Red Lion-street, wholesale gold-
smiths—J. Hans, C. Hare, J. Hare, jun. and G. Hare, of
Bristol, floor-cloth manufacturers (so far as regards G. Hare)
—S. Livesay and J. Donaldson, of Manchester, cotton manu-
facturers—J. Smith and W. H. Jones, of High-street, White-
chapel, cheesemongers—J. Bangley and T. Fysoo, of Bristol,
coopers—S. Goodman and W. Taylor, of Worthing, Sussex,
stable-keepers—J. Barbet and S. Bauzeville, of Steward-
street, Sintaitields, silk manufacturers—J. Curling and D.
Nelson, of Bermondsey and Leeds, woolstaplers —E. Burton,
J. P. Burton, and J. Bentley, of Love-lane, Little Eastcheap,
coal-factors (as (Sr as regards E. Berton and J. P. Burton).

AVERAGE PRICES OF CORN IN ENGLAND AND WALES IN Taft
WEEK ENDED AUG. O.

PER. QR. a. d.
Wbeat 59 7 Oats 25 4
Rye.... ..... ........ 38 I Beans 33 8
Barley ............. .3t 2 Peas . ....... 35 9
Average Price of Brown or Museovado Sugar, com-
puted from the Returns Glade in the week ending the oth
day of August, 1823, ls 30s. 103. per cwt.

PER QR.

1. d.

SOMERSET ASSIZES, Atm 7.
_.........--

ELtwonTur AND ANOTHER V. BIRD.

Mr. ADAM stated the case of the plaintiff to the Jury.—
The defendant, who was a man in a respectable situation
in life, some years since married a lady who was the daugh-
ter of one of the plaintiffs, and the. sia'rr of the other.—
This marriage proved an unhappy one: the parties lived to-
gether for some time, but it beCame necessary at last for the
friends of the wife to app-al to the law, in order to put a
stop to the cruelty and oppression Which the defendant
practised towards her. At use last Quarter Sessions the de-
fendant was accordiney indicted, and found guilty: acorn-
promise was proposed, and the Counsel for the parties
arranged an agreement, tie subs'ance of which was, that
Mr. anti Mrs. Bird should live separate, he allowing her the
sum of 501. per annum for her support. Upon that arrange-
ment being made, the Chairman of the Bench of 31agis•
trates contented hitoself with imposing a nominal fine on
Mr. Bird.

The defendant vow refused compliance *ith the agree-
ment, alleging that lie had not in person consented to
it. and this action was brong:it to recover twelve pounds
ten shillings, being the amount of one quarter's allowance.
The case had proceeded bat a li'tle way, when it was per-
ceived that the plaintiff's case was defective, and Mr. Adam
consented to be nonsuite.:.

Mr. Justice BEST desired that the plaintiffs should be call-
ed, observing that he could not but deeply regret that such
should be the determination of a suit so properly brought
against a man who had conducted himself in so scandalous
anddiszraceful a manner._

Mr. Sergeant PILL stiol, as Counsel for Mr. Bird, my
Lord, I must be permitted to say—
Mr. Justice BEST.—Let the plaintiff he called.
Mr. Sergeant PELL.--Aly Cord, it is my duty to state—
Mr. Justice Best.—Let the pltintlif he called.
Mr. Sergeant Pelt..—As an English advocate, my Lord, I
have—

Mr. Justice BEST.—Englisb advocate ! Don't let us hear
nth things. An advnea.c is an advocate.
Mr. Sergeant PILL.—On the part of my client I must be
permitted to say a few word% ~
Mr. Justice BEIIT.—You may go on, Sir.
Mr. Sergeant Pshu.—Then, (lend...nen of ;he Jury—
Mr. Justice Derr.—No, S r, I will not permit you to ad.
dress the Jury.—Tbe cause is disposed of.
Mr. Sergeant PILL —Then I'll address yonr Lordship.
I hare to observe, then, that according to my notion ofjits-
tier, the Judge who pronounces the conduct of • deltaic'
ant to he disgraceful anti scandalous without !mini heard
that defendant, appears to pile prematu.ely to esprem his
opinion. dim& akerans portent; I always titonght had been
the favourite maxim of the judicial seat of England:

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SYPNBi' awl ApoiK,i,

COLEMAY V. SMITH, M. D.

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.._ . .
' Justice liter rose,..liptl trithvoesideraltle assissetion
" Then, Sir, I have to observe, that the. map hap beam
be has been tried and ooniticted of niterseofdt and
. .ous conduct hoftin the., Magietrates lit the Qsairet
. 4. who fitted him b.: end it would he to reelect on
4i
I •.(entiemen to 'Oppose they would hare so limitmi the
event, if it bad not been in the confidence ;bat • the
eat made sieeld have been completed ; and I do.
the taste of the advocate who irregularly moods up
• ' ate conduct so didgracefnl."
e uonsuit was then entered. and the Court pioneesied
wit* other business. •
- futtasntv; Aug. 7.
.L Ste bushiest IS the Crown being ileished. Mr. Jas,
it released the ' ' jaws front fattier du
tesesnee. The (mna then hie Lordship, and
esestated him to mitigate the punishment of the three
siferenate men who lay under 'esteem of death to trans-
pnelstion for life,
Me. Justice BURiattan desired to knew on what grated
rgentian wee made? The Jaques* replied. en ponds
stints charity, sot that they did not merit death, bat
,is them no opportasity of reps/Mace. . .
lip took a se* ei the opplieediss..A so
1
gn a bop, of 11l prowled sseeesofol... pri.
Its-fweiiv . or, whom this
,niptent Ins made, two
1'44.
=Mopes NO .1&14,7:41•11. wen sostiesited fee
It and Sees. Puke for *hootiog at the -gamekeeper
of Lord Ulastonbury.
-..........-
Di A I DSTONE, MATViIIAv, A uousr 9.
mit ant.—Sittesen e. sArria.

This was an action of assault and fatten.
Mr. MIABRiATT stated the rase. The plaintiff was IS 1
surgeon and apothecary, and the defendant an auctioneer. '
Roth parties resided in Rocheater,and were brothers-in-law, I
having married two sisters. They were opposed to each I
other in political opinions, and, party spirit pinning high
in Rochester, a strong Wing of hostility on this score,
mingled with some family disputes, rendered them any I
thing but good friends. i oconsequence of souse misurider.
standing between the plaintiff and a Mr. Nicholson (the i
defendant's uncle) on the 14th of June last quell/Lich arose
from an interchange of nocoortrous leaks, the defendant
next day met the plaintiff in the streets of Rochester, and I
called him to account for the supposed insu't which had
been given to Mr. Nicholson. The plaintiff disputed the
right of the defendant to interferC in another tsars'. par-
reds, and endearoured to avoid him. The defendant; how.
ever, said lie shonld stand in his nude's shoes, at d chef.
lenged the plaintiff to the field of honour. This invitation
the plaintiff did not feel himself bound to accept, declined
the meeting, and remonstrated in mild terms with the de-
fendant, upon the imprudence of meddling in an affair *DB
which he bad nothing to do. At this moment the plaintiff
was standing in the horse road, with his hands behind his
back, wholly unprepared for any attack, whilst the 'Wend-
ant was standing on the curb stone, and without any inti.
'cation of the defendant's intention, the latter aimed a
ferocious blow at his face. and felled him to the ground,
with his head in the kennel. Stunned with the Mow, lie
was unable to get pp without a.sistaure. His face 'vas
covered with blood, his eye immediately swelled. and he
was carried to a. neighbouring hotel, awl thence to his
house, where he remained for more than a week suable to
follow his professional pursuits. For this cowardly mad
brutal assault the learned counsel claimed. on behalf of
the plaintiff a liberal compensation in damages.- -
Tbeassaalt bating been proved by these persons who
bad been spectators, and the injury by two surgeons who at
tended the plaintiff,
Mr. GURNST (with whom were Mr. ADOLPHUS and Mr.
%Ronan), who had not asked a single question of the
plaintiff's witnesses, then addressed the Jury en behalf of
the defendant. He admitted the violence of the assault,
and that a verdict must go against his client, butprepared
to show that the provocation given by the plaintiff was
such as that flesh and blood could not bear it, awl conse-
quently that the damages must be reduced to A mere nomi-
nal sum. The defendant was a respectable young man ; he
had been brought up front his infancy by his uncle, Mr.
N. Nicholson, towards whom he entertained the affection.
ate and dutiful feeling of a son; for to him his uncle had
been a father, and had in every respect treated him with the
most parental kindness. Standing in this relation, he was
entitled to the same considertion for human infirmities, if he
resented with a proper spirit a grotto insult given to such a
relative, whose health, strength, and years, rendered kiln
unable to chastise the plaintiff's insolence. It would .ap-
near that on the 14th of Jane, the plaintiff met Mr. Nichol-
son in the streets of Rochester, and treated him in the most
offensive =noel, by contemptuously surveying him from
head to foot, and axing gestures which it was impassible to
misunderstand. Mr. Nicholson had just risen from the
bed of sickness, and was wholly unable to resent the indig-
nity. This conduct reaching the dnfendant's ears, he was
naturally desirous of remonstrating with the plaintiff upon
his misconduct.—lle sought an interview with the plain-
tiff, but with no intention of committing any violence. It
, was the plaintiff's own conduct on that occasion which pro-
voked the art of intemperance of which the defendant was
guilty, and when the Jury heard the provocation, they
would think that the chastisement which the plaintiff re-
, ceived was well merited. The defendant at first mildly re-
monstrated with the plaintiff upon his conduct towards his
, um-le. The plaintiff said it was no business of the defend-
, ant's, and added this insulting remark—" If Mr. Nicholson
chooses to employ a bully to advocate his cause, I can hire
one too for a shilling or eighteen pence." This was ac-
companied by an attitude of defiance, and an intimation
, that he was ready to settle the matter then. Unshle to re-
, strain the feelings of indignation which such an insult was
, so well calculat.ti to excite, the defendant gave way to his
passion, and instantly knocked the plaintiff :town. Could
, he have done less? If he had tamely submitted to such an
insult, he must have been something more or less than man.
A witness having been examined who was acquainted with
all the parties, and who was present from the beginning to
the end of the affray.
Mr. Mammal., in ready, contended that the plaintiff's
claim to damages was undiminished, notwithstanding the
evidence of Mr. Wildest'. It was clear that the defendant
bad sought the quarrel with the plaintiff, who was evidently
averse from any wish to place himself in contact with the
defendant ; and he could not help saying that the behavi-
our of the defeidant, in striking the plaintiff when he was
unprepared for attack, was a cowardly and dastardly act,
and very much like the conduct of a gutter h3lly.
Mr. &iron tiaaitast summed up the evidence with impar-
tiality, left it to the Jury to say what damages they
would give the plaintiff under all the circumstances of the
Case.

The Jury deliberated a few minutes and found their wr-,
diet fur. the plaintiff—Damages. VI., costs

This was an action by a surgeoli and apothecary against
a physician of Maidstone, for words of slander concerning
the plsintitf in his profession. The den iration alleged spe-
-621 damage in consequence of the slender. The defendant
pleaded, first, Not Ouiltv ; and second, a jnstificrion of the
Words. Mr. Gurney, Mr. Adolphus, and Mr. Chitty, eon-
ducted the plaintiff '3
case; and 11r. Marrystt and Mr. Wat-
ford, the defendant's.
The case proved on the ihrt of the phintiff Ku this:—ln