The Statesman.
London, England, 1812-06-03 00:00:00

TIig!SVA'rEeSTVIAN.

::~:::-y.:-,

LAITY iNtELLI&ENCE.

COURT OF KING'SJIENCII, Jews* '
Lorna. 9. ssiss.nesuan.
• .
,This was an action for a libel, tried before
Lord
}.4.o...vionoreat, the laSt.Sittings at Guildhall, whet
tho Defendant obtained a verdict.
Mr. Sex a t.rif inovrd to set aside the verdict in Mit
case, and for a new trial, upon the grounds that it,
was not necessary to show that the Defetulatit was
the sole Proprietor of the Antigallican Monitary IA
which the libel was centalued,the allegation in' the
dt'clarationi.stating generally that the. Defendant was
the Proprietor and Publisher, as, upon the evidepee
of Harper, the only *witness examined as to this point,
it could duly be inferred that the
,Defendatif had
other persons were Proptietors.
Lord ELLZNSORouosi observed, that the AU of
Parliament required that the names of two or more of
the Proprietors should be registered. •Besides,' this
was not a case for damages, for it appeared that
there. bad been mutual abuse dealt out indiserimi-
n.tely by both parties. However, upon this point,:
he ••4!:ht take a Rule to 'hew Caw.
Mr. ScARLrrT also stated, that he was requested by
his Client to press another ground for his Motion,
which was, au afildivit reflecting on the evidence of
Harper.
Lord F.l.t.resonouow.—cg You had better not
make it upon this ground, unless your own discre,
tiongoes along with it." . •
Mr. Gaitaow, for the Defendant, suggested the
propriety of the afficiavitleing.filed,
Lord Euxissottouten thought, that as the affela•
vit had been adverted to by the learned Counsel, ac-
cording to the rules of the Court, it should be filed.
Mr.SCARLLTT had no objection to file the affidavit,'
but declined pressing his motion on these loiter.,
grounds, and the Rule was :granted only on the
former.

COMBINATION.
Mr. Ivocts,moved for a writ of. Certiorari, to rer
move.an indictment against a person of the name of
tiro°, and 64 others, from the Quarter Sessions or
the county of Middlesex into thii Court, in order
that the same may be tried before Lord F.i.r.kinso-
ROUGH and a Special Jury. The iptlictreeitt charged
8.5 journeymen currier', with au unlawful combine-•
tics° and conspiracy, in order to enforce an increase
of wag% and was prosecuted by the masters, both
parties, conceiving it a question of considerable in-
pottauce, and necessary to be tried before his Lord-
ship and a Special Jury.
Lord ELLENBOROUGII saw no legal objection to
granting the wish, and however great the burden
might fall upon his Lordship, it was no ground for
refusing the motion.—Writ granted. ,-

COURT OF CONIMON PLEAS, just 4.

iSIMPSOX AND TOWNIEND V. L %MON.

This was an action to recover 451. represented to
bc,the value of a package of goods, transmitted by
the waggon according to the order of the tterendant,
but Ai hicth Ur,. Lawson contended he had never re-
ceived.

Mr. Serjeant VArcHAN represented the case in the
•
following manner.' The Plaintiffs were eminent linen-
drapers, in Cheat Ade, and the Defendant a tailor of
reputation in L • During the progress of mer-
cantile correspondence between the parties it so
happened that Lawsmirequeited, by letter, Messrs.
Simpson and Comixtily to furnish Mm immediately
with a quantity of handkerchiefs of a peculiar fine-
ness and fashioii, having fanciful borders around
them, mid otherwise of a very desirable manufacture.
These he desired might be forwarded by the waggon,
and accordingly, on the very next day, which hap-
pened to be the Pith day of September, 1810,' the.,
parcel was selected and dispatched, agreeable to the,
order. A Person, of the name of 'Abraham Conifers],
conveyed the parcel in question from the shop of the
Plaintiffs. to Blossoms Inn, in Law rence.lane, where
lie procured it to he entered uper the books, and
dispatched in the waggon of Mr. Jackson, who took
.parcels belonging to Lincoln, though his waggon
went in a direction sixteen miles to the oue side
through Newark.
Edward Lemiahaw, from the Blossom; Inn, proved
tiCat • parcels directed - for Lincoln were frequently
taken in at their maggot) office, and dispatched by
an intermediate cart to the Bull and Mouth Jun,
from m hence Jackson's wagent went.
Air. Set jeant SHEPHERD, for the Defendant, main-
tained, that the case on the opposite Fide had not
been made out. here Was a parcel of goods, my
Lords (addressing lihnielf to the Bench), which were
ordered to be tmusmitted by the legitimate• Lincoln
waggon, and it had appeared that they were carried
tea receiving house at' Blossom's Inn, from whence
thee were Jugged in a mut to•another receiving house
at the Bull-and-Mouth, from -.which' they •were
to be conteyed by a circuitous' rothid about mode
to Newark, horn which it might so happen Aka
they would at kW 'be cooreyetficnorditig to the -die.
rrction.
The LORD Curt,. Jams -laid,• that it had' net
been made maitiftist that condo were usually conveyed !
by thit route, nor had they shown, that herotokie I
use. Plaintiffs in their Corsespondeticq with the De.
Lcidaiit, had transmitted their parcels t) yr. the-sante pr
nun other conveyance. 'Whit was become of•the
letter which 'was usually transmitted:. by .the Past-
(Mice; antaining iiifortnati4.or the 4opakture--of
ri,e goods The whole, he'llzpeodetti• was ro-3',
ther a qiestion* for the Jury that' cs him to 'decide
upon.
Mr. Scrj. SitEroxita4naintained, that it was highly!
improper for city sptanufactscrers,..who . were well
; eqiiainted with the proper modes of conveyance, to
4:iipatch a county, order. by...smite in which it had
em many -chasicemso ntisearry• From mabiug I'm"'
- so re: ivik !mese, from cart to cart, stied from wag
gon to waguxiii,had the parcel beet% headkid;andite was
sure is Client woulchnoi be called upon to pay the
watt) e& •gonsis-'tiviiieh had been disPittehed-by a iv rong
. lode of conveyance„ cold, iq l probability, pilfered
• tioni one ofllie receiving carts. When Ifawson sent
the order from Lincoln, he desired the Epode be
sent per waggon.; ,which, doubtless, minint the tin-
rile wanes, rather thaw/idiot tolfork ast•lfewsitk.l
When lie found that the parcetAdid 'not orris* at the
ti_er he expected it, he wrote, expressing his sorrow
yor their 'delay ; and was answered*by return 'of post,
i aF fifty' 'ere sorry for the disaster "Chide hid hap-
. reibed, and desired him to mention In taut:l)y abet'

conveyance he 'would Wish hia asitteit bibs bent; and
they would comply. Isom .solae-tattle afterwards
,tthey further said, they had made enquiry at Dios-
'. sops Inn,„concerping the parcel ; but fruits ;,t on•
sweialcivei!;!hir ffillfeiCd.thht tileprotnietortiof the
waggon were ioniciont of its being lost 'Phefire x
to be able tereenver the value, and reqUited perish:
don to renew !the ostler.
Mere the Learned Seijeant inadvertently put in 'a
letter, dated a year. later than thf iranssulion;
which, upon being partly rend by-the Clerk, he de,
sired thatit might Dior be considered its•port of the
evidence. * ' • • .
Serjeant VAtion.tts expressed his unwilling=
MS! to permit the totter to remain uncommented
upon, and spoke somewhat harshly concerning the
impropriety of submitting .a
garbled correspondence
"to the Jury. •
' * jir opposition to the letters submitted tothe Court
by. tht Defendant's Couisiet,' Mr..Serjeani V icon APr '
put in a letter from the Defendant concerning the
goods, expressing his vexation at the disappointment,
and saving, that he had made every enquiry in vain
after them,
.and he 'belleired; that to apply at the
London ivarehOnsei wiS the properest way to disco-
ver whether they'hadteen 'carried.. • • •
• The Loutt.thottlt 3diTtcs, in ts very judicious
and sagaciouczaautier, summed up the evidence t 0,.,
the jury, who immediately delivered a verdict for,
the Plaintiffs.. • .
, . .

COURT OF PIEtULARS; DOCTORS' COSI MONS.
wirryteLty rALSELY 0 ‘Li.ED 'itatittl, AGAINST

This was a prOoteding at the instance' of Miss
Mary Faussett ‘irstfteldi of Barham; in Keut,bgainst
Mr, Joseph Mouldy fortheaullity of a multiage that
'had taken place between thernon the grow* gf •1
nority, and a want of legal consent.
It appeared that the parties first became acquainted
whilst the young 'Lidy was on eiisit to her sister
at Dover; a correspondence ensued between them, I
on her returieltame, which led to a proposal of ma-
trimony: this was ilistdvered'by herrroOther (who
-was married at;aiu; and with whom the.young Lady
resided); but art.the,trespectability of Mr. Mould's
situation in life (he being in the army) precluded any
objection, to the motel!, it was flually resolved on,
.and the pitsties.accudingly =pie to,town„.and were.
intri•ried' arthe parish church of St:Martni is Ate
Fields, BY v'iftue of a liceOce 4610 d :for the pur-
pose by UV Mold! ••• . •-• ' •
• In sapportsof :thet-suititthearother of the minor,
and several neth9r-.4wittlesses,-. ivere exaoniued, to
prove_tbe birtb`ef
.tlus Anitter, .on .0 oth of July,
I 1 0; aO.dle'rmUrriege,„On the 4th of July, 1808, I,
at which time she wits not qttitellilytiirs of age ; the
death of lier fitheriinteslitte"; the re-carriage of her
mother ; arid the' nen;appointment of any guardian
by the Court of Chancery and :Sir Joule NICHPLL
observed, 44 _these eircuras4pces, were so fully
proved, and, were so conclusive, in themselves, that
tt would be suite useless to. trouble Counsel for uity
urgument u{ of It clearly appeared, 'that this
was a marriage ontractettby'the pirtiesiender such
circumstances,- as must, in the present state of the
law, render it void; and, however unwilling the
Court might feel, upon considerations of equity,
to dissolve a contract of so important a nature, and
which seemed to have been entered into with the con-
current consent of every one who might naturally be
expected to have the right of consenting; yet as that
was not a consent recognised by the law,. the Court,
had no other alternative: there *as nothing in the..
case from which the Court could judge of the motives
that dictated the present application to it, or whe-
ther there were any children to be injured by its'de-
cree. The suit was brought by the wife against the
ilusbartd; and if he.should sustain any injury from
the restdt,, he must attribute it to his own conduct,
in asserting her majority upon oath to otitain the
licenee for the marriage. The Court 'pronounced,
Ithereforei for the nullity of the marriage.

• EXTAAOILDINARY RETORT AT LiftIDEKIRK.--We
have (authority to state,. that the extraordinary re-
port, relative to the assassination of Mr. Percevall
which we mentioned in our paper of last week, hay.
in; also reached the Sherif'', an investigation was im-
ms7dlately instituted for the purpose of -tracing its
orlgin.• *Thatinvestigatiou isnot completed ; but, from
the: already made, there is every reason to
belierwthat the report originated in a mere misap-
prehension of an account .of some acts of atrocity
which were Intely committpt in one of the manufacr
taring tbwns in England; 'her does thtre appear to
be the slightest ground tts swiped that it arose from
any previous knowledge of the intention of the per.
petration of that horrible deed.—(Dumfries and Gal-,
licrgay courier, ..11Tay

- • - - -
I • The.repert which has been circulated respecting
the death of 'Mr. Perceval. having been known at a
village near Annan, .twenty-four hours previous to
heudfortnuatr'etivet-,- we have rinthcisity to say. is'
I founded upon misapptehenQon. An official enquiry
1
1 has taken place, and though not tiuislifxl,;thersi are
.
I sufficient grounds to conclude that the report origi-
stated from the murder of one of the manufacturers
in .lingland; in the lite disgraiernt rjots.--( Dum.
frie; Journal, `same date.) F- • • .
• -. • • i
.• LisST,
ueirday,tthree foreign officers, of the rank
of Lieutenants, prisoners' on parole, *ere lodged
iri'•Dumffiei jail; .having been detected in an at-
'tempt^ to escape. It appears that these young
'mew had been betrayed to this breach of balmier
by the dolusive promises of au unprincipled Italian,.
ittaidentliCarlisle, who, with the view of sharing
I"in'the reward offered for the apprehension of. fugi,
1 tire tfrlioners of 'war, Inveigled them,...bytui artfully
:''caildiitiett 'plot, to set out on• the; war to Leith,
I wile* 'be .Persuaded .: them, he would iutroduce
'them. oft: hoard a-vessel, whose captain had con-
sented•ta convey them t•. their nutive-countryr—..
'After. *hiving Rlandprea amp, we are told, . of.
Whiltnaney j. 7 cord(' afford, he secretly reveal-. 1
A. theifi"htteliticm to the. serjeant "of Police of
'
-Carlisle,''4lrn; eispreliended them at Moilitt, as'
ionti• as they alighted at the inn, inal brought them
hack to Dumfries, were they remain in close .custody..'
They had taken }he precaution to prOvkle themtelvei
with an old passport, which it is not known how they
procured,.. ~_:)Ye are happy to find that.theic infarhous
seducer, Whii fi(uLreturned to Carlisle. his 'arsti been
seized add clitaillited to Carlisle firifole'-' ••• 1 • •F 4 !I