The Statesman.
London, England, 1823-04-19 00:00:00

K'r*OF lUKG'S:BENCH, Ann. 18.

THE PINE v. R. E. CLARY&
On the motion of Mr. G. Monitore, this defendant
tame up to plead to an indictment preferred against him
nt the instance of the Vice 'Suppression Society, for pub-
Isehiog et blasphemous libel of and concerning the Holy,
Scriptures: Last Term the defendant had pleaded a mis-
iomer, there was a demurrer, which being ad-
judged against him, he was now called upon to plead
over, and he pleaded Not Guilty, and received notice of
trial for the Sittings after this Term.
PHILLIPi V. BISTOLLI.
Mr..Scantityr moved fora rule to show cause why a
new trial should hot he granted in this case, and the ver-
dict be set aside, which was given to the.plaintiff, on the
pound that it came within the statute of fated,.
The plaintiff, it appeared, was an auctioneer living in
Bond-street. and had a quantity of articles for sale by
. auction. The defendant, Mr. liistolli, who was as lie-
.
•lianaeotered the room OD that occasion, &Whist for a pair
of garnet ear-rings, which were finally knocked dowts to
-ht.. at the price of eighty guineas. When he was called
.wppe to pay the deposit-money, be expressed great ear-
and alleged that he did not understand English,
and that he imagined the purchase was only 32 guineas.
Upon this Mr. Phillips inquired of the bye-standees, what
was their opinion of the transaction ; they unanimously
agreed that 80 guineas was the bidding. The porter
was then instructed to band the ear-riege scram the table
to Mr. Eistolli, who received them, but immedietely re-
turned them on . the table, and refused to pay. the money.
The action was brought, and the plaintiff obtained
the Verdict for the amount caught. .
The Learned Counsel contended, that the delivery by
theirorter to.lllr.Bistolli, and the manner in which be
bad refused them, were not sufficient to take the
case out of the statute of fraud, said be hoped the
Court would consider .this a proper subject for granting
itele.—Bule granted. •
walla= V. MARSH AND CO.
10.11 e. F. Poixoce moved for a tale to show cause why
etedrerdiet ohdiiimil in this case by the plaintiff, should
not be set aside, and a wand& catered, on . the ground
that the verdict we eieen against the evidence.
It appeased Mr. Tenseott, who is a builder, bad agreed
with blessri. Brindatey and Co. who are tenants of the
Crowe, sreviotisly to. the. Corcesatlem of hie Majeetv, fur
a portion of ground in the front of the Guildhall, West-
ndrister, for the purpose of erecting booths upon it for
the accommodation of spectators. A security of 4501.
was deposited its the hands of Messrs. Marsh and, Co.
Peahen. who were In this case the nominal defendants,
as a security for the rent: It was discovt red after the
Coronation, that the speculation in Which the plaintiff
and etheri had, esgaged,proved not only unprofitable,
hatalmost ruioeus. Application was mile to the Lords
of the Treasury, sod the rent for the ground.npon which
the booth; were erected was remitted, on account of the
beat loans sustained-1w the renters. After the Corona-
Rah, the money depoilied in the hands of Messrs. Madill
and Ip. was traqsferred.to the account of Messrs. Brind-
ale), and Co. Tbeplalutiffamplied to the latter to receive
qn order upon the banker for the money so deposited.-
This application was 1'41,84; apd iction was brought
to recover that sum. The Learned Counsel co:tended
that' the agreement termed between dorsi.. was mem ,
ly in ci.,e the Coronation should net.ta eplke, ibemo-
dey wee to be returned, and that the iabsequeut
'tame ebould not alter such agreement. . t
' • The. Lone Cater JUSTICE was of opinion.that the ride
outfit not to be granted.—Kule refused.
- wog to v.. RIP. EDWARD PICTON AND --11111 Pi
DERSON, ESQ.
a• Todd it'ais rule obtained last term by Me. Seariett,
calling on the defendants, the first of. whom is a dem':
risen, find the latter a magistrate of the county of Car-
martlitn, to show cause why "ii* criminal iuformation
should not be filed against them, for attempting to pro-
yoke a gentleman named; Saunders to fight a duel.
It
*as then stated, thane-1i meeting of the Commissioners
of goads, Mr. Heoderson first taunted Mr. Saunders as
having no land in the county, and yet coming to vote
away its money ; and then offering him satisfaction, and
the; Mr. Picton advised him not to place himself on ale-
Yet with such a person as Mr.Sauoders.
Mr. TAUNTON now showed cause against the rule on
the affidavits of the defendants and of several Magis-
trates. .Tbese suggested that Mr. Henderson had nedei-
'steed that 'Mr. Saunders hstii applied to him the taunt
which he himself complained of, un some other occasion,
that he cause to obtain an explanation of the affair ; that
he applied bis expressions generally, whoever need these
words ;—aud that Mr. Picton advised him not to notice
them.
• rho COURT suggested, that as there appeared no dan-
ger Of a breach of the peace, the rule should be dis-
charged, on payment of costs bythe defendants.
This suggestion was acceded to, and the rule was die.
charged on these terms.