The Statesman.
London, England, 1819-01-08 00:00:00

TPV STI.OTSVAN

rot RT OF KINGT BENCH. JAL 7.

SIJUK AMU OTIIIIS, ASSli.Nitts 01 SINIOX AMP wax,

U. lAttriutt
This was so acting' upon the case f..r breach of
warranty its the performance of a entail int, far the
purcliastt of 250 pipes of lied Spsoi•lt wine, war-
ranted by the Defendant lu be erred a..d merchant.
able, but which turned oat to be sour and unmet.
rhantable, whereby the Plsintiffs lost, upon the re•
sale of the goods, 15471. 101. 4J. The circumstances
of Ike case, as stated by Mr. 1111ARKYAT, and sus-
biased in evidence, were as follo• :
Messrs. Benson, Bern, and Co. were wine-mer-
chants, residing in Landau, end were in the habit of
supplying wine for the use of Ms Majesty's Army and
Navy, great part of which us. procured from Spain.
Iti the year 18U9 the Plaintiffs employed the De-
fendant, then residing at Gibraltar, as their agent,
to purchase Cateleeian aid other Spanish wines ;
and as at that time great part of Spain was occepied
by French troops. who were eiteeding every where,
arid were approaching Catalonia, it was appreheuileel
that the usual supply frum that province to England
would be cut off. Cottsiderable numbers of Spa-
shade, who were proprietors of vineyards, bad taken
Wage in the garrison of Gibraltar; end the Plain-
tiffs, desirous of purchasing as vouch wine and brandy
es (add be obtainsd from Spain at the time, as a con-
siderable advance io the price' were apprehended
from the circumstances above meetioned, wrote to
the Defendant. and commissioned him to pluckiest()
the amount of sor 800 tons of good and mercan-
tile wines end brandies, on the best terms be coed
'Mc', and ship them as rapidly as possible for
England; directing him at the same time to send
them in new casks, to have several additional
hoops of iron on each, sad to have the wises
fortified with brandy, as they were usually light er
thin wines, to cause them to keep on the voyage,
offering et the came limit. the Defendant, that if he
could not undertake the commissinn, he was to band
it over to another person. The Defendant accepted
the commission, end engaged to fulfil it ; and wrote
to the Plairmffs, stating that be would take a Aare
in the adventure if Ilse consignment should lanai.—
'l'e this tiro Plaintiffs answered, by stating it was
better for him to rest cositent with his commission, as
it was sot worth while to confuse accounts for the
sake of the small profits that might seems from the
smell share he proposed to take in the adventure, but
desiring him to do the best he could, promising they
should slow, be satisfied with what he should do for
them, sad leaving him at full discretion to art for
their interests to the best of his power. The Defend-
an. accordingly purchased and ronsigeed to them on
board the ship Protege, 260 pipes, and 38 hogs..
lipids of Cerainnion 4 info, which he stated to be good
and mere isolable, end which he invoiced at
21731. le. 5J., 38:. per ;ripe; and the charges
of primer, freight, and ether costs, amounted to
1131'• Los. 2d. But ea the arrive; of the Protons,

Abraham Demi, sod Sarah, his wife, were in-
dicted fur asswilliog Plimbe, the pile of hymn

Israel.
The Prosecotria slated, that she hid been for some
time seporated from her hoshaod, hot had a short
Awe since goes to the lipase of the Prisoner: to see
him. She was there qeietly engaged in sulicitiug
Mm to rejoin her, and lire in domestic harinms)
they were, infect, talking together quite in a strain
of otildoess when the Prisoners rushed out, suit as-
saulted her ; the female Prisoner vias very tio!ent,
and struck her a blow across the face.
In her cross-etemitiation by Mr. CURWOOD, she
denied that she had ever shoed articles of separation
hetet. the High Priem (the parties,as their names de-
note, were of the Jewish religion). She hail cer-
tainly commenced • sail against her hasband, for
the purpose of being restored to her nuptial rites.—
She &climes/entering into any particulars respecting
the cease of the /gamily quarrels, ?acrid so far as the
present caste rendered it ercessary. The Prisoners
were thq_sister and brother-in-law of her hus-
band. lib moult was committed is one of the
avenge* of the Synapse, frequented by the par-
l'es. The svenee went through the horse of the
Prisoners.
A constable of the name of Herds, end soother
person, who attended the Synagogue for the pre-
aetration of ',pier, corroborated the statement of the
Proometrit, by meting, that when they came op the
Prisoners seemed extremely v;ntent against the Pro-
secetris. tad one of them struck her.
Mr. Ctswocros•av ho was for the Defesrlant, ad-
dressed 161 Jury, and in the coarse of his speech
said, that the evidence of the Promeotsla stood
wholly unconfirmed in its material parts.
Mr. A ootenus, who was' fur the prosecution, in-
terrepted him, sad said that the constable coofireaed
the principal wirers'.
Mr. Cuswocie complained of this interreption,
and said he world not be interrupted by any Masi
while addressing his own argaimieuis to a Jury. lie
resumed his address to she Jury with the obseteatien
'thick led to the interruption, sod
Mr. ADOLIIIUS again interposed, end said, he
,ceeld sot allow the same observation to go to the
Jury, ass statement of evidence ; and es to the es-
pressirm that the Learned Gentleman would not be
interrupted by a., man, be (Mr. Adolphus) world
appeal to the Court whenever he thought hit dety re-
quired it to uphold the regularity of its proceedings,
in the same manner that they world be upheld is
Westminster-Hall.
Mr. Crimper, said he wore, slarays pay the same
deference to the Chair to this Court. that be weeld
pay to the Bench in the Courts of Westminster Hall ;
but he croelsl again say, that no man eseept the
Chairman Wield interrupt him there while using his
esti line of argument to a Jury.
The CHAIRMAN interposed, and discountenanced
ioo ptioo, observing, that the Jory world have all
opportunity in the summing up of she esideeee, of
correcting any mistakes into width Counsel fell is
the dt.charge of their duty to their Clients.
aildr -a to the Jury