The Statesman.
London, England, 1809-07-03 00:00:00

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I

been flied ; but the Magistrates had gone beyond,
the limits of their power by law, in sending him
on board the Tender ; but as there was here the
absence of all malice, and this was a mere error in
judgment, he trusted His ?images would be mode-
rate.
Lord ELLTIFIIIOROUGIL—This certainly is a case
deserving of very serious damages ; for we shall
all hold our liberties upon an extremely precarious
tenure, if, upon such pretences as these, any of
his Majesty's subjects are to be thus treated with
impunity by any class of men whatever: Tliis is
a fit case for ample retribution. Here is a young
man torn from his relatives and home—manacled
like a felon, and cast into a prison.ship, where he
has no bed! Ido not mean to insinuate that he
was there treated with any more than the ordinary
and, perhaps, necessary rigour of such a place ;
but this is a discipline to which this young man was
nut subject by law ; and therefore he has a right
to complain of it, and to ask compensation for his
insulted flings; for all his sufferings have been
the consequence of the misconduct of the Magis-
trates. At the same time, Gentlemen, you will
in no case be outrageous in your resentment of the
misconduct of those who come before you ; no.
thing will lead you to what may be called excess ;
but this yoang man has a right to ask of you to.
make him a fair, adequate, and ample reparation
in 'twinges.
Verdict for the Pla'utiff—damages 5001. which
happeml to be the met sum laid in the declares.
tiou.

.4.gifpff..,...

COURT OF COMMON PLEAS,
Saturday, July 1.
1100 NS V. JOHNSON.
This was an action brought by the Plaintif,
who is a surveyor, to recover commission on the
valuation of a quantity of timber, purchased by
the Defendant.

It appeared in evidence, that the Plaintiff was
employed to value the timber on the estate of Sir
John Boyd, at Welling, in Kent, which was esti.
mated by him (the Plaintiff) to be worth 80001.
and at that valuation, entitled him to be paid at
the rate of one per cent. by the Defendant. In
consequence, however, of the suggestion of Sir
1 John Boyd, who was of opinion that the timber
was nut worth so much gooney, another surveyor
was employed, who estimated the property at a
. considerable sum less than the value fixed upon it
by the Plaintiff. The Defendant consequently re-
fused to pay the demand, and the Plaintiff brought
this action. From the cross-examination of the ,
Plaintiff's witnesses, it appeared that he had not
measured the timber according to the accustomed
mode adopted by other surveyors ; but that he had
lumped together small trees, which lie reckoned
as timber, and that he had incladed in his admea.
surement the branches and arms of trees, fur the
purpose of increasing the amount of his demand
upon the Defendant ; and further, that he had
also included in his account of the valuation of
timber, trees which did not exceed six inches in
girth, which was contrary to the establisheti usage
of the profession.
Mr. Serjeant Barr, after a few remarks, s:tb.
witted that there was nothing for the consideration
of the Jury, and that the Plaintiff ought to be
uontissited.

Sir JAMES Mawsrierai having expressed a desires
that the cause should go on,
Mr. Serjeant *ray proceeded to call witnesses,
fur the purpose of proving the exorbitancy of the
deemed. s,
Air. Brim, a respectable land and timber-sur...i
✓ r, of the Kent road, was then examined ;:
• stark ,l, that he had, with accuracy, valued
the timber in question. He particularly directed.
his attention, in the first instance, to the Er (Am-
ber, which it was alleged by the Plaintiff amounted.
to 59 loads, when he found that it did not exceed
39 and le feet, making about one-third differeuce.
Finding this to be the case, he did not chute to go
any farther, judging that the remainder of the'
timber was equally proportioned in value to this. ,
Baring hada great deal of experienc- in the vale.
ation of amber., ho at once pronounced 40 Mr.
Johnson, that, in his judgment, the whole of the'
wood on Sir John Boyd's estate was nut worth
more than 50001. and, therefore, advised him nit
to pay the Plaintiff's demand until he had the pre:
perty re.vained by some other person. The man.
ner in which Mr. Brooks valued the timber was,
in his judgment and knowledge, unusual, and
contrary to the established practice of surveyors.
Mr. Serjeant BEST was about to call some fur.
(her evidence, when
Sir J ADIF.S M A NIFIELD observed, that he did not
know whether he ought to have stopped this cause
before • but the reason why he did nut was, be.
cause he wished to hear some farther evidence re-
specting the mode of valuation adopted by the
Plaintiff. In his opinion the Plaintiff roust now
be nensuited, because it appeared he had made
use of a new aad uncommon mode of valuation,
which he had no right to do without the express
sanction, or at least, the knowledge of his em.
pluycr. The Plaintiff was therefore nonsuitcd.

OLD BAILEY.

SATURDAY, JULY 1.-FOURTH DAY.
_ _

riefore Sir Snacla Jri BLA NC.
Charley Henry Raman-raft was iodiefel for
forging and uttering, as true, a certain draft, par.
porting to be drawn by him od Messrs. Wilson and
M•lnesry, and made payable by the letter at the
banking-house of Messrs. hlastarman and Co.,
well knowing the same to be false, forged, sod
counterfeit, with intent to defraud.
Mr. M‘liincry was first called, for the purpose
of sliewing the manner in which-the Prisoner lie.
cane acquaieted with his mode of making his bills
payable at his banker's. lie stated that he, and
Mr. Wilson, his partner, were nary agents, lir.
ing in the Adelphi. They kept their cash at
Mount. Mutcrmau and Co.'s, and make their
bills payable at their house. In December last,
the Prisoner came to him, and introduced him.
self as a navy.surgeou of the mime of Wells.
awl 'tinting as agent; which he deClitiClif as nut