The Statesman.
London, England, 1809-06-29 00:00:00

41J

•. •-• ti!,;•

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LAW INTXLLIGENCE. •
.41.1111111....
cowstsToiiir Couivr4Docirorpi toiducg4s,
• Toesday, :tune 27i- •
• • •
COPE AO.IIIIST WILT, YUMMY citchitkiteasur
covi.
This was a suit of nullity tift_Anarriage, by rea.
son of a ;misnomer, instituttlryby the hatband
against the wife. The marriage soleninized
on the 2d of February,• 1793, by licence. in
which the Lady aisumed
.the name of Elizabeth-
Alelitile, widow, her real nettle being Sarah Burti.
spin ter. This was the foundation of, the auk',
Tod Counsellor the husband contended, that OR
was sufficient to make the marriage null and void.,
This *as contradicted b) the Jaally'a Counsel, the
parties being clearly identified. The • Court ob-
served there was a case in point already ite:tC(..
mined, which 'could nut he shaken, and therefore
rejected the allegation.
• . COURT OF KING'S BENCH.
Wealue;daN,

1111VO4I, COST. V. TARRINDTON.
This was al action of slander, for saying that
the Plaintiff, who Vas an Attorney, got a great
deal of money in a rascally way. The Plaintiff
was i'roprietor also of some tin mines, and the
word- were spoken in a passion at a public:-
house.
•L ird ELLENBOROUGH thought that the words
might bear a meaning which would not affect the
Plaintiff to his business as an Attorney, and the
Jury foaled .1 verdict fur the Defendant.
THE KING V. THE DUKE 05 GORDON.
Mr. W:otct moved to put off the trial of this
cause, which was aq indictment against the De-
fendant for .on assault, with au intent to commit a
rape upon one Sarah Waite.
The Prosecutrii, it was now stated, was ill of
a fever, and could not attend to give evidence
without danger of her life. It war stated, that
the Prosecutrit might be visited"lly any medical
man in the presence of Mr. Robertson, theinkadi.
cal attendant of the Prusecutrit,
ATTORKEY..GENKRAL said, that his Noble
being 70 years of age, such a Prosecution
beiu.; suffered tube kept in suspence over his head,
must be to him the greatest misfortune of his life.
That is, he meant to say, only the keeping it in
ausp.:sire.
Lord I;LLENDOROVGII, C. J. said, that it was
esse itial to justice that such a cause shet4l be
brought on as speedily for trial as possible, but
that it ..as also impossible to proceed without the
evidence of the Prosecutrix. lie would therefore
put off the trial till Tuesday next. and in the in.
terve!, the medical adviser of the Noble Defendant
alight visit the Pruscuutrix, hut he thought it not
right to impose terint of giving notice when he was
to visit her, and in the presence of whom, lot that
might by possibility lead to imposition.
The Arrows te-Gemeext. said, he maid le,'
have mentioned that circumstance iu particular,!
lint be was certsia that his Client would not wish
. to be acquitted a ithout the evidence of the Proce-
cnivisr, mitosis it could appear most clearly that her
absence .ran caused by the desire of ketipies out
of the way.
The trial was accordingly put off.
Lincinass D. DU BOIS. -
This %las an action to. recover .1791. for leather
breeches supplied to the Defendant. The Plaintiff
proved the delivery of the goods, when the At-
torney-General put in• evidence an invoice, by
wisith it appeared that the gond% were all shipped
expressly by the Plaintiff oh .account and half
with toe Defendant, thereby implying that thee
wore to be partners. in the adventste. The goods
were shipped fur Lima, whither the Defendant
w et as supettcargoi and the adventure wholly,
fooeil, the goods sot selliug for the cost price, after
one hundred rr cent. expences and freight mere
laid i.ut.
Lord Ki.t.Ensuitounii was clearly of opinion
that the P!aietilf cuuid nut recover for these ar-
ticles ; hut having •uppliail the Defendant with two
pair of due.skins fur his private weer, and haviii;
new seated and repaired &author pair, the Plain-
tiff had r verdict for 61. xis. being the amount of
those separate charges.
COURT OF COMMON PLEAS.
Wednesday, Junc 28.
Sittings al Nisi kraus, before Sir JAKE!' Mans-
XI LLD.
IMALLIIORN V. TENINELL.
'ibis was an actioe brought to recover damage..
for injury snstained by an assault, and excited
much pleasantry.
. The Plaintiff, a man of no trivial consequence
sln hii s 1 here, fills the important office of •Secretary
-to several lienelit Societies in town, and amengst
others to that of a ketnale Assembly, entitled,
6' The Sisters in Affliction," who field their meet.
ings at a public house, distinguished by the us,
tiornal insignia of the George and Dnagoss, lit
Drury-lane, of which the Defe.ndant is the..bontt
On the 3d of last month, the Afflicted Sister/semi
speld a monthly meeting at the shove house, tit
discuss the adaie& of the Society, heal the wounds
of their auction, and cheat their drooping spiriSs
with t ;Audit:one of Mr. Venneli's exhilarating
cordial.
The Plaintiff attended to, off ciarsitin the secre...l
tartal chair. The Defendant, who sometimes
Wed Vice‘treassirer of the Society, paid intqi
the bilnds.of the Midi,' on his arrival,•certaiis
fees by him received airice the.hist 'electing, and;
was then requested by the latter Co withdraw from
the room, as he bad some priv,ate business tat
transact with the Sisterlitiod, at which the ore..,
sence of the host was nut deemed agreiable..=,
Mine host, however, took high offence at thin
Intimationtreand refused to stir: Upon which het-
_ _ . • Smallkorn, thfal

I

was informed by Mr. Secretary . _ , oet
the subjeet fur •disgainst' tiiturned, and behest the' irb. Isbell w icks u
hilts for etabeazliag cussien was a charge a
the-fund* of the Society, p,' ,there at that time. Captaiw Gore intreated that
the amount of seven shillings ; add ferthet, thrit he *night see her in the evening, whicirshe refused
he had, by bribery and corruption, to. wit, with, —and thew he begird of Jane Hicks to persuade
a coptout dote of hie but juniper, endee. I her to lived him. The CAptale gate bor some

.. . . --
'-----
Mal hat Bias, iffi
roared to iodated, tette ar the Siilethood to k t• _WIC% so.
the mat ter secret. • The entire. butt of Vermeil dr...aagi lidr aeltdkehe4 was te res
t..
.
indignation wiwasVemought up by this charge to ,Kingstou, sled she 4,l4,lpitpoilpOthe was to re
Ingtt fermentation, add nearly burst the hoops of i the hut day. Shfoomt rota tbst she hail go*.
Ale discinfon. ; !netted, however, of denying, !to 'Kingston; brit for some reason, not material, ell*
es elefeeding -Meseta against the Nei imputative, ; had germ to Hampton Court almost immediately.'
he retorted open hi/accuser, whom he in'his turulafter. As she was out walking with Miis'Beatit;
'charged with haring,betreyed his
,own official .tor year,- a child of about ten years of age, pl
trust, by &propitiating: to his own purposes is !saw Capt. Gore coming from the opposite dire!-'
solo of 15s. but of thabelety, to adjust a gear- ! lion ih a iurriele, along with a Lieut. Lister, eel
rel With.* fiail fair one in the street. Wir.Secro. Leicester. They passed .on without any this*.
Mr/ Sntalikora's feelings being shocked at such .having been said ; but Capt. Gore came to thee,
a charge, in the presence of the Julies. whose ttooo after, and perseaded them to go to his lodge•
finances he administered, .he replied with all the ings. They weut,end continued Itkere till it w4r
fire and force of his eloquence, and. illustrated tinny late. ire gave them three kinds of sine-se;
his opinion of the Host by so matey harsh epi. 'Claret, hladeirk and Bock. She drank of them
diets, that Mr." Vennells, in his reely, fecling• all., In answer to a question from the Lord Chief
the maxim of Quintilian, that ilopence is no- • Haven, she said, that she had sometimes before
thing without action, illustrated !lair arguments draak. wine. They then proposed to return biotic,
with a most energetic application of his fit to the and Capt. Gore said he would walk home with
' nose of Mr. Secretary Sonallhorn, .which he fol. them. They however went to walk by the wall
lowed up by so men), practical olacitlatiorie of of Bushy Park. Soon after'she heard a noise, as
'the same sort, that in the space of a Minute, not of one walking behind. Capt. Gore whistled,
only the o(fartory ft:attire, but the oyes and and called out Henry, and then Mr. Lister, or
mouth of the Secretary lionlestriking testimony Leicester, came up. The latter took the arm of
of the pugilistic skill of the host. By the he- Miss Bear, or Vear, end walked on with lee be-
mane interference of the Sisterhood, who felt it fore—leaving the witness and Capt. Gore behind.
their duty to administer aid to their Secretary in She soon after saw somebody with a lantern corn-
alliction, he was rescued from the clinches of hal ins up, upon which Capt. Gore proposed to her
assailant ; and he now brought this action for re- to cross the road, that they might not he observed:
paration before a jury of his country. From 'tin voice of him who passed, who pro.
On the part of the lifendent it was Argued, In nounred the name of " Strange," she knew it was.
mitigation of damages. that the Plaintiff's injury Mr.'Vcar. She then said to Capt. Gore, that she
das trifling, as in less than a week his optics were was afraid to return home after being out so late
restored to their usual lustre, and the bridge of —upon which he proposed that she should go
his nose so effectually repaired, that before the with him, and he would take her to a young lady
next monthly night, he was able to resume his of- who would take care of her. She refused at first,
Wail functions, without the slightest disadvantage but e
oafaterwards persuaded her.
asked whe-
They thee
or inconvenient*. walkeh d for some time—when she
' The Jury found for the Plaintiff--Damages 101. tiser the residence of the young lady was fateoff.
WELBANK V. YOUNG. fee said not very far off. They got a post-chaise,
This was an action to recover 1351. being the at i place which she afterwards understood to be
feetinslow. This chaise broke down, but they
price paid by the Plaintiff, who is a surgeon and
ger another, and proceeded straight to .Loitlon.
accoucheur in Chancery-lane, to the Defetttlant,
who is a . They were set down at a place which she after.
horse-dealer, for two
coath.horses, war-
wards understood to be Leicester-square. From
ranted sound in all respects, but one of which
this they walked to a house in- Chendot-street,
the purchaser in a day or two afterwards discover-
*h'ere they pad refreshments aad wine. She went.
ed by his lameness to bu afflicted with a disease
to bed • , and !nun after Capt. Gore came to the
called the thrush, which was proved be the exa.
bed-room undressed. She asked him if he %tended
mitiatiote of several Veterinary Surgeons of emi-
to sleep there ? lie answered 44 yes ;" upon
nence. The warranty given *by' the Defendant
welch she said, he should nut sleep there—but h..
having thus failed, the Melee- tent bade the her-
which the Defame. , said he would, and in fact did sleep wh h iter.—
ses and demanded the money,
ext morning they went to n house iii.South_
ant refined to return, and sent chi hones back to
greet, Seho-square, where she saw a Miss Dunn,
the Plaintiff. . add there they continued for that night. Mr.
I On the part of the Defendant, three members of
me, Elliot,. Listee, or Leicester, called next morning, assd-1
the Veterinary College, Mi. Colonist',
they went to the house of a Mr. Dessin, or
and Mr. Sewell; were sworn) who stated that they
rev, an Attorney, where they staid half an hoer,
had examined the horses- two days after the pur.
Mid then drove to an hotel in a hactney coach,
chase,' and even on this day,- and found theM per-
where they dined. Lodgings were then teLen fur
teeny sound. Mr. Coleman, however, admitted' '
that,• about an hour before, he hid squeezed her in Thanet-place, Temple Bar, where she and'
"Lime mattes from the frog of the huree's
,fief .Capt. Gore lived ender the names of Mr. and
alleged to be unsound, which he admitted to be i Mrs. Mabee., till they were discovered by .the
IBow-street Officers, and she was curled to her
asymptote of the thrush; but said, that it did !
fathe
not at all impair the horse's soundness. tes. The whole of this took piece between
Sir Jem es eleysviera: summed up.the testimony the isteand 14th of Jan.
for the Jo ryewho returned a verdict for the Plain.Crosr.exantined 6,y dlr. Serjeard BEsr.
hid.—Dantages 1351.. ' .- - -_ •
- • She admitted that she uudded to .Capt. Gore
—iwees-- . - -from a window in Kingston, before he had ever
COURT OF EXCII(SQUEIt.- • ... - . I sprecen to her. She often talked of Capt. Gore
i among her acquaintances, and was sometimes by
illeilllellele.
i them called in jest " Mrs. Gore." Her mother
SCRANGI V. GOR-g. I had been dead eight years—her father had two
This was an action brought by the Plaintiff, who ' years after taken into the house a woman of tile
is a watchmaker at Kingston-upott-Thames,against name of Sarah Wood, who had been bar-maid of
the Defendant, a Captaiu of Dragoons, stationed the Castle lee, Kingston, but she always untlet-
at Hampton Court, for the purpose of recovering steed that they were married, although stories
compensation for the seduction of his.daughter, a were going about that they were not married.—
beautiful girl from 14 to 15 years of age. It will , Her• brother, she admitted, had threetened to
probably be recollected, that this transactiou was : leave the house if that woman was allowed to cou-
mentioned in the public papers, and made sonic I thine 1,1 it. 1
noise at the tune it took place, which was in Janu- ' Miss iludd9 who keeps a boarding-school at i
try last.. i Richmond, said, that the girl had beet' latterly ,
Mr. DAUNCEYstated the case on the part of lat her sellout, and was well behaved. Her father'
the Plaintiff, detailing the particulars, which af- !
I visited her regularly, and appeared very attentitel
terwards were produced in evidence, and then read to her in every respect. I
some very ardent love-letters written to the girl Mary Brooks proved that lodgings had been
after the seduction. He took it fur granted, that takeh fur Capt. Gore and Miss Strange, under the
no e anesse s would be called un the part of the names. of Mr. anti Mrs. Gradient, on a Sunday, at I
Delentlant. They would only have an able speech her holistic Tbanet.place, She was struck with
from nis Learned Friend (Serjeant Best).- But the youth of the 'WY, and had a conversation
they would recollect that words were not facts. with Capt. Gore on Monday morning, in the
The father, they would recollect, was bound by course of which, she mum. ked that the young
law to support his daughter, while he was now Lady appeared to be namely Id: Capt. Gore-
deprived of the hope of procuring her an honour.
replied, that she was 19 years Of ago—that they
'
able establishment by marriage, owing to the gross had been married 14 months, and he bad known
misconduct of the Defendant, who, they woe d her 18.
also remember, was nearly allied to some noble Anthony, the Officer,. was called to proylisthat
families, and able to afford a liberal compensathee he hall received the reward promised by lierlatiteto
Under all Ore circemstancrs, they woold either for tbediscovery.
give the whole of the damages, which were-laid at • ,
-Mr. Webster proved the hand-writing of cold:-..
.&5000, or at least a very consisierabla portion of Gore, but the letters were nut read, by the Ctipak;
that sum. it being thought inueatstrial. -
Miss Lydia Strange was then called, who de. Mr. Serjeant Best made so able speech in (le..'
posed, that en the Ist of January last she went fence; or rather its snitigetiou of damages. The
to Hampton Covert, on a visit to the house of. a too points upon whisk he .chiefly insisted vatic
Mr. Bear, or Vear, who had some charge of the I first—That the father himself had set an eetimple;
Palace. While walking in the Cloiettes of the lof vice to his daughter, iu lit* with a woman is
Palace with Jams flicks, the maid sateditt, the met a state of rornicatioil ; and,-2dIY, That the (laugh.
Captain Gore, vim she had stern at 'Kingston I ter herself had exhibited a levity of conduct in
before, 'but had never spoke to; Captain Gore making a signal to Captain Gore, who had never
passed uu without speaking to her at that time, spoke to her before, which deprivet! the Plaintiff
but he spoke to Jane Hicks. She Am stated, of all pretence for largo damages. Thee ought
that whin she went out to walk in a* day or two toscouSidcr that not a farthing of what they gave
after, Jane' Hicks proposed, by way
•bon!
that they s tl go and Ihrow,sorne gravel at the girl. Lie also etated; that though Captain Gore
window of Captain Gore; she a.sseqted
:.4 and the was aelime to somailietingniahed families, he was
servant went and threw thesravelelipou whish 'iu vere- narrow circ meta a nces, and large damage*
they btith ran away ; but taptila*Gore followed 'Wetted ruin him. .
them, and having come up toot heir by the hand. Me Loan CRTC" BARON summed up the -cries
They were not together more than "eve militates p deuce,
sand observed, that an improper levity In
when Jane flicks came np, and told het; that the girl would, nu doubt, extremely diminish thj,i
Mrs. Bear, or Vear, *is waiting foi her.' Ano. claim of the father to damages. But they would.
titer time she happeneil tb go itte? the Chapel, the confider, e whether the youth of tI, young no 4
door being open, and Ceptsfrf Gore hiving eft- man wai no tto ht
taken into account in advert.,
leered her, followed her Into (he Chapel.. He •
mg to the 'asylum of levity stated by the Coen;
took off his hat and kissed her, but oberrving some set. Its a woman 'of eighteen, -kilo must have
i men tamer's &boat the windows of the Chapel, he been aware of the construction which might hale
went ' end left her there. Slime time after he been put ou such behaviout, it would be impart-
double. • sties ---- 1 ----- --'

4. But with respect to a young 'girl, whoo.
was only from 11 to 15 years of a#, the epic
was different. With regard to the conduct of
tfte father, the Learned Judge remarked, that
whether be was married or not to the *wawa ma.