The Statesman.
London, England, 1819-01-20 00:00:00

THY'. PrAl FSMAN

L4W INTELLIGENCE.
COURT OF Cli A NCKItY. J iv. 19.
11 tilt DADILIRDntIf OF IDIUCK. 111NoWN, AND SCOTT,

says, " A. Mr. Mittel has agreed to perform daring
the rensainder of the season fur 5501., I give Mr.
Taylor the benefit of this contract, and relieve the
joint %sods horn the payment of that part of the vest's
.alary." It was bat fair that, is Mr. Waters had
the sole benefit of Mr. Dirlelnt's services during that
pr rind, he alone aboold pay for them.
VICE-CD tICILLOII.—Mr. `tolicit..r•Cenerol, there
Is more doubt en this point than you seem aware of.
If the annual salary of Mr. Didelot wa. 11501. then,
In addition to the 5501. paid by Mr. Water., he was
'stilled to the other 6001. Bet he says a 'law agree.
went was node by Mr. Waters, aid I am not ie.
formed what that agreement was.% It Mr. Taylor
was released free his contract, how could he alter-
wards be booed by it ?
The SoLicsvon.Gartanar. thought, with grant de-
ference to the Court, that Mr. Heald visa booed to
show that Mr. Waters had relieved Mr. Taylor from
his agreement.
The Vici-CitancitkLot conceived that the whole
question eel, whether Mr. Didelot, by his new ea-
gagement, released Mr. Taylor from his contract; or
whether that engagement only gave Mr. 'Taylor the
benefit of the sums paid by Mr. Waters, witboet
solving the contract. That the Mister did not
think the eentract dissolved by the sobsequsut agree-
ment, was evident from his report : but he had
banded his opinion on an affidavit which did wet
warred that opinion; for he (the Master) clearly
thought alit the agreement betimes Mr. Didelot and
Mr. Waters was with the concurrence of Mr. 'Tay-
lor; that the 5501. given by Mr. Waters were to be
ceesidered a pert of the 11501.; and that Mr. Tay-
lor woe bound to make ep the deficiency. Ile wished
to hear the other receptions.
Mr. HEALD stated, that the other four exceptions
were takers to the Bement of debt, reported by the
Master le be dire to leer other performers, and were
precisely similar is principle to the one wbicch had
her. discussed.

AIM Y• CLOTH. 1 Kl.

Al”..itt too fetlock yesterday, \lr. Ilrace evaded
I.i.nas,l of a pass* to address the Lord Chancellor of
fotiost.

My hrg Ware to embrace this oppor.
tuoity r.f swing to )nur Lordship, whilst Mr. Hart
Coo,t, that in this case a petition has been pre•
sewed to your Lori:vhip, by the 7th I.:st of Cum.
11.1•11a0lieff, charging me with contempt of their as-
itiority, of which I tryst I am wholly innocent ; but
wry paysent 'object Is only to move your Lordship,
that my petitions is the Vsce.Chancellor's list may
•Iso bi board by year Lordship., which I always
greedy wished, sot fens any doubt that the Vice.
Chancellor would do me equal justice with your Lord-
ship, but because the case has been some years back
before your Lordship,inseethes shape; bet I imagine
it is new absolutely necessary, inasmuch as I ender.
eland the petition of the Commissioners mud be
beard by year Lordship; and it will, at I humbly
submit, he impossible for your Lordship to com-
pletely saintly your mind as to the justice of my
commitment upon that incidental petition end al-
leged contempt, without bearing my winding ease
slid petitions on, out of, or connected with which
such alleged contempt is charged against me, of
•liich I beg to repeat, that l feel myself wholly and
completely innocent, as I informed Mr. Montage,
in answer to a communication which he very kindly
made to me upon the subject. All compromise be-
tween the Commissioners and me is thirefore entirely
out of the question, for I am determined to be com-
mitted In the Fleet, if your Lordship shall adjudge
that I ought to he so committed, or to be wholly and
completely acquitted from so sefieela charge.
In my petitions Counsel are regularly retained,
who, I am satisfied, will do ample justice to my
case; bet in the pillion of the Commissioners against
me there are a thousand reasons, unnecessary now
to be detailed to your Lordship, why I have no op.
Lion, bet most defend or vindicate my conduct in
person.
. _ _

•
The LORD CII.INCELLOa idLlffUed Mr. Urges is
folio's:—

It is an important question that this case should
be decidod tsi,h as lime delay as possible, for I con-
clude that a coutespt of the authority of the Com-
missioners is a contempt of the authority under
which they act, and it is important to you, if inno-
cent of ich a charge, to be cleared of it without de-
lay. If you will give notice to the Secretary of
Ilsliktupts to lay the petition cf the Commissiooers
betot• this •tpetitig, I will let you know to.mor-
row u holier I thiuk tt seeecifery to beer your peti-
ti..n, to rashly me to decide upon that of the Com-
missioners. You may also base a communication
made to the Vice-Chancellor, not to take up your
petitions until hither ortirr.

Mr. Brace expressed his grateful tbauks to Ms
Lordship.
3lr. HART observed, that he believed the parties
fos whnm be was concerned (the "pipets). had very
little to do ■ ith the isoestion alluded to by 3lr. Bruce,
...hose petition he anderstood to be so sui.eraede tho
Lomashision altogether.

Mr. Brece bir.:gitd leers to shortly state the object
ref his petition to bit Lordship. this petition staled,
I:1,1 dm joint funds in this case bed always weeded
the joint debts, and that the assignee+ had long bees
s ion of more than sollicient to pay all these
joint debts; and the pray., of his petition eat, that
his Lordship might be pleased to order the joint ere•
doors so be paid in fall of their demands, oat of the
juio funds; nod ,hat then this joint Commission
might be superseded : a datelined to which Mr. flirt
1111114 no reply ; stool Mr. Brace, after respectfully
thanking his Lordship retired.

VICE-CII.I9ICLI.LOR'S COURT, jAI. 19.
TATLOK.

Mr: fizAtas stated, ihat ibepresynt CIIIIIII WAIN

ow of eseeptiooo token to the Report of Me Master

on a dear, of the Court, dated 12tb DOcetaber,
1813. By that decree the Master was directed to
enquire whether any debts had been contracted in
conducting the affairs of the Opete•house since 1802,
end whether th►re were soy outstanding debts which
effected the Plaintiff as the @secular of Mr. Gould.
The exceptions Isere five In nomhe►, and he should
stile Mein in the order of the Report. The first was,
to the mount of Mr. Didelot's claims. The Meste►
1,. I it Report had found that Charles Lewis Dirlelel
was engaged by Mr. Toiler to be tole master of bat.
let at f:e OperaAnese, from 1811 to 1814, at ea

annu.l salary of 11501 . pa)ahle in three instal.
menu ; and that from Mr. Taylor's haling ornitto4

tope) all those lastalments, a balance of 10121 i 13a. 441.
was doe to Mr. Didelot by the Plaintiff. The escep.
lion to ibis part of the Report rested ow the follow.
rosods Melo., when he found that
Mr. Taylor 14 as pmented from pa) ing him by • de-
cree of the Court, entered loto a new agreement
win Mr. Waters. It was evident that be could not
outer into any new ongeteenent, without cancelling,
the eye of law, erety claim on Mr. Taylor, who
I.soger retained any control,' over his person.
The Suraction•GlNElLAL.—When the decree of
ell.. Court was made, Mr. Waters pro Mr. Didolot
t::. so the proportion of his salary fur that part of
~e se ton stitch remained when the decree was made,

not as a yearly salary in terms of a new engagement.
31r. MILD teaJ the affidavit of Mr. Did,lad,
wh ch awed, that with t►e knowledge and cower.
rat of Mr. Taylor, be had 'nutted jinn a new en-
igament •iih the Plaintiff, Waters. He contended
t::.,. it was of no consequence in what month the de.

ri.. WasitlP, Or ott•ts the season roansteneed, Of
the engagement of Mr. !Maim was (or the yeer.—
Was IN to take 5:00. Irmo Mt. Waters, and at th.
.sino tins* be entitled to 110 501. from Mr. Taylor ?
iscru.un.--Tile affidavit of .Ir. Molts'
ot lint slide, Whelk ,tr in 011akii.e. a IsPor OVPO.
r et. with Mr. Watelti released Mr. Tailor Itoet
tie L reef contrail...
'the. SOLIciecaIe:GILNERAL• said, that the Fitt, in.
t,almont was pele Its and the mend in
.f.neary ; the s. however, could not be paid by
Air. Taylor, en aFeeent of tin* decree of Court. The
were therdoreglven giten for the r•tuaintler of
p season, and Mr. Didelot abandoned 11 a claim on
let f sr the whole 'ear's Wiry. i.e Mattrr

Ilia Homoun then decreed, that it be referred to
the blaster, whether the new engagements entered
into by these performers released Mr. Taylor freer the
original cootracts wth them ; with liberty to the
Master to state any circumstances he may think pee-
Pm This be conceived to be the only coarse he
amid lake, unless be should direct each of the par-
ties to eider au action at law.
COURT OF KING'S BENCH, JAN. 19.
DUOS e. ninon.
This was en oaken of slander. The declaretios
alleged that the Defendant bad railed the Plaintif
" a thief, a scamp, a screw, and a dealer in screws"
—with an innende to the latter wordv, that the
Defendant meant that the Plaintiff dealt in unsound'
horses.

Mr. SCARLITT sod Mr. TINDAL medeeted the
Plaintitre e.g.. end Mr. Guseri sad Mr. D. 1.
Jogs. the Defeedant'e.

The case was this :—Beth parties are dealers is
horses, the Plated' being the keeper of the Reposi-
tort' in Be,itican. At a sale by section of horses,
ceedscsed by the Plaintiff, the Defendant attended,
aid bid for a let, at the prise of 41., but the bort, j
wee kit9clurd dove to airothar bidder, which per. I
vokiagtbo eager of the Defendant, he and the words
laid in the sieslaratinn, for which the present active
ass Irrooght by the Plaintiff.
Mr. C URN aT suggested in defence, that the words
being uttered in anger, eagle nut be said to hate that
malignant and deliberate character necessary to sup-
port au adieu for damages.
The case wont in lho Jury ander the Learned
'edge's direction, and a verdict was faced for the
Plaistiff—D stages, Is.

Tilt gallhall DE AOvIIT V. tt.voillt.
Mr. Guff SET stated, that the Plaintiff in this
ease was • foreigner of considerable tuna,* and
high distinction in France, and sought by Ws action
r from the Def►ndant, • respectable horse.
dealer, a compensation in damages for a malicious
'crest and false Imprisonment, endow pretence of the
Plaintiff being in his debt TIO guineas, the price of
two horses, which the Defendant alleged the Plaintiff
had bought of him. Mr. Gurney having stated the
case, called the following 'eidetic* :
Mr. Thomas premloced floe writ on which the Mar-
qois was arrested at the suit of Mr. Elmore.

• J. Wilson, a Sheriff's Officer, proved that he ar-
rested the Marquis, and tuok hum to a sort-rp knew,
where he remained in custody between four and Ise
boor., when km (nand bail.

W. Brantley produced thejodgment roll and jerk.
rnent of Rom pros In the action of nowt. against the
Martinis ; the Defendant's Attoroey'poi,i the Plain.
lira Attesoey the costs of the non pros ; the Plaln-
tirs mitre costs, enlissite of the bail bond, were
151. Qs.

Mr. Bartley, the Defendant's Attorney, consider-
ed that be .se Solicitor for Mr. G. Elmore, in hi•
proceedings eitiost the Marquis. Mr. G. Elmore
was oat of town et the time; bet vitae.' rec.ired
his isistrectieres from Mr. J. Elmore. who was Mr.
G. Elmore's massaging clerk. Mr. J. Elmore Nadi
alidarit of the debt on w►ich toe Margels Was sr.
rested.

proposed to the Marquis to mount the horses and tr)
them, and the Mau:pia m••nted the bro.' n horse arid
ironed Lim a little round the field. Mr. Elmore
took this •ppovsemity to leave them; and, on the
Marquis tare* rowed to deliver the brows horse
pin to the, boy, b• perceived Mr. Elmore trolls
ing towards Mame at a brisk rate; toe witness
them, at the Marquis's desire, sent a owner to Mr.
Elmore, statute, that he would lint haw• the bay
horse, bat mould give one hundred goitres* for the
bream, if le saw him leap. In three data after the
Marquis eras sawed at M•rant's Hotel; this was
on the Saturday, and on the Monday, as anon as
the Marqsis could deposit 2.50 guineas in the hands
•f the Sheriff to preserve his bail from harm, be
quitted England.
Mr. Scaaaarr, for the Defendant, said, be

should prove, he trusted, to the satisfaction isf the
Jury, that Ibis action was unfounded. The Defend.
ant was charged with a noticing' arrest ; he would
proverbs' the Plaintiff had height- these horses; that
the sale was complete; that the Pleietiff bad agreed
for their needing at his espence at 1011-Deferidasies
stables ; and that the Marquis and his friend bed
quitted the stables, and two Gentlemen called sod
desired to have the brown horse, when they were
told thee could not, as he was sold; that the Mar.
quis and Mr. Bradley afterwards came hack and had
the horses taken to the kid, and then they refined to
take the horses. The action was then commented ;
the Marquis quitted this country. The Defendant
then having a much larger price offered for the horse,
tberight it pinkest to take it and drop proceedings
against the Marquis.
Mr. J. Elmore, brother to the Defendant, deposed
to the facts Otis* Marquis corning to the stabler to
leek at the horses in question, en the 2-Ith of Sep-
Wisher. Mr. Leigh came in at the time they were
there, sad ',pressed a wish to have the brown kern.
Witness had previously offered the Marquis the two
hones for MI. lie bid 2001. which mimeos refused;
On Mr. Leigh's coming, witness told Mr. Bradley that
that Gentleman wished for the brown horse, and
begged the Marquis to come to a determination ; the
Marquis then offend 220 guineas for the two, sail
witness 'greed to take that sum. Mr. Bradley oh.
served, they took the horses wittiest trial, the wig;
non warranting them sound, which he did : end fee.
they it was agreed, that the horses should continue
at the witness's stables at the Marquis's 'spent* till
he chose to take them away. They then left the
stables, bet refereed in half an hoer, and requested
witness nosh, let his men take the li .rine elf .he
Morin to a field for them. Witness took one I one,
and the boy the ether. When in the field, the wit.
Ofrol, It their desire, leaped the how over tee Of
three little ditches: at last Mr. Ikadiey asked the
witness to take what he considered a dangerous leap,
which be declined, and they did not press him fen
tint. !inert after, the witness, being ansioss to get
home, told Mr. Bradley so, and requested to be
*sassed ; sod, as they did not oppose his going, be
rode toward home, leasing the boy sod the brown
bone behind him. gnon after the boy came home,
bringing a message, that the Gentleman would have
nekton of the horses. Wimp's mode several appli-
cations to the Marquis, and. obtairrin& on answer,
he commenced an action notion him. The biennia
soon after went abroad; and the Marquis of Bland-
ford offering 150 guineas (or the brown horn; and
Milton the horandealei, 100 guineas for the bay,
the Defendant: sold them, and staid proceedings
elainst the Plaintiff.
Mr. &similar preyed that he went to the De-
feednit's stables akb Mr. Leigh, of Begley, to look
et the brown boon, and found the Marqeis and Mr.
Bradley there. Mr. Leigh liked the honse much,
but had tin opportustity of treating for his, Mr.
John Elmore sag ing the Marquis had agreed for the
'two horses at 2201. and therefore Mr. Leigh could
not see the brown hone nit. Witness considered the
brown horse as very cheap at 120 grimes.
Mr. Gibscn was present doting the time the Mar-
quis and Mr. Bradley were dealing for the horses.-
1% i•ness from what he overheard, considered them
sold in the Mairrio, saying he would take them at
220 guineas, without trial, ow condition of their
treittg warranted snood. No order was at this time
given for the horses to be saddled, and soon after
the witness left the yard.
The CHIEF Justicr. asked Mr. Gurney if this did
not appear more like a misenderstaoding than a
malicious arrest ?

IMr. ntruemebeeitted that his case was still con-
sistent, namely, that the horses were sold subject to
the Marquis's approval of them in the field.
J. Clash, servant to the Defendant, understands
French, aid overheard whet was said by the Marquis.
This wittiness prowl That the Narvik, when first at
Idle stable., said be woeld eke them without trial
and Rive 220 pintas, on condition of their being 'Sr.
ratted sound. This was agreed to by Mr. Elmore,
and soon after they went away. In began hoer they
mottled. and desired the horses might be saddled and
taken off the stones for them ; but they did sot say
a weld of seeing them leap.
'phis was the case on the part of the Defendant.
a summing ep from the Chief Justice, the
the Jery fogad a verdict for the Plaintiff—pampa
100.

Mr. Bradley bad known the Marquis for some
years; he was a Nobleman of considerable
Lion. Oa the 24th of September, 1817, witness
seat with him to Mr. Elmore's stables to look at
some hones. A brown hone and a bay horse were
shown to them ; sod, at the desire 4tl the Marquis, 01.1) 1141LEY.
they were saddled sod taken into a field that hi,
' Lordship Might see them leap. Mr. E. had asked 711 E.( 1).% Y, nu. IP.
ISO guineas for the brown, and for the bey.— George Chard. sem 2n. and Joseph Illandrirds aced 23,
The Marquis bed offered riupas for the 1.. if ! steed isdktpd for a burglary is the etertlieyr.hetest of willow
he should approve their action in the field ; and Mr. ; home if. ;theteiga a -eled,
Elmore at length agreed Its lake Gist price. 'lke ! divers anion of westing apparel, and Ills. iss monies, member-
Mr. Elmore they spoke to was the brother of the! ed. hi' inuPet". . .
Defendant ; and the Mitosis again said, if be liked
'lry .3;7; .13tcrb7t.inrtii". i I tryur res n
u 'ma
b"..refotuh'eldvalCaßtself rett.
them he would take the horses at that price. The; bat aim stifle borgtars.—Dentn.
Marquis spoke French, bet witting interpreted what ! The triad of. NI. Yrs. tar gobbing thr eif air. Parkin.,
he sold The hotline were according. !I. 61
rsad,67„„;Taireei, jl/4., "„I.",„inerea,,l„,
7.morre:i4.f tihben I."bh"cNer orris:l-
I"' taken into the field. Mr. Elmore galloped ro•tid bowing born amply detailed in our. ttrperistu. OL:g 1.
the the field, bet said he coold find no hedge to leap.— rrftw the huncle""!'• 1""" 1"..1"h" w,41;014 lalstkimis
Wl.ness propelled that he should leap either the "inurligaihra.■ari d in i;iwt"joittiZr,.j,,76,7,,l.l .9 re
The d
ditch 4.r a gate. Mr. Elmore said he would go round ordered so be and he will he losiiesed aril;
end leap from the other side ; instead of doles so he ". the, ael.l 6"ies"•
a I.N.:lltranaiscellef:lrappg as. tuns icted of a burglary sad aleslieg
rode
through a
gap in
the hedge,
and
on
the
witness
*gaits recommending him to leap, he said, " No, my . Jereeiph AF.vand,t, en. eftni;Ved of a burgl ,r, is the
neran are not strong enough, but you may leep aliening bow.e of Robert Harbor, is Mr r.tri.h of M. jobs,
them, for Ido not like to lenp horses hs the field ; linf "Y• ante .11"1" "al* hi' I"",criY.- 1,'"11'•
i!I leap them at the ridieg...cbool." Wi.ons4 then Kr„f7,7 1"1;91
pen

I • \'1)114 • I'is.,l••• ih • Si, I). Lott I‘e
'Tinfr'sr. Yo. 4. 11.11.0.44,4 I 4.441. Ei-4.44.f.•41•