The Statesman.
London, England, 1813-04-16 00:00:00

.
war not a literal copy... 11: a quantity e.
_ i •
Lord ELLENsonoUGH said he did not admit It. asl ' Mr. Mackenzie swore, that the flax in question
a copy, and it was merely the common case of ate-jet consigned: to his house byPlaintiff, that
lice being given to a party to produce a paper; which i Srpe tied Son had teen the brokers of J. J. Mac-
he refusing, parol evideece might be given of its ! kensie, and that the fiat wits put• into their wharf in
contents, an
the entry in life book eas merely • to ' J. J—Mackewsie's multi, and directions given to
'Sharpe and Son to dispose Of it.
assist his memory. That they selvage-
' . .
The contract was then. read, which stated, that ;ed asael. upon it. Bet he positively swore, that
Defondant purchased of Plaintiff a quantity of Spa."• it had not been sold to theme •
nish wool, of certain marks and numbers, payable I ' On crfiss-examination, he said, he woe a' Member
by
.their acceptiaces, at two, four, six, and eight of the Mode Company, end that Plaintiff at the
months, with thiscustomary tares and allowances. i time of she„Arci,. vaiwr the vessel was not a Member,
Mr. Marsh then swore, that he saw the samples , and et, altish sutie"t• '
, [The bathwas read, by ,which each Member is
before the contract was entered into, but only a part !
hound ,not *to enter any goods except those belonging
of the bags; tney were all landed and warehoused.
- •
That begot an order of delivery, and that 21 bags to a breather or to a Russion.] -
had been delivered, 10 or 11;of which were deliver- ' On aw-eximiuntion he swore that brokers were
ed to Defendant on the 10th or 11th of April. The • bound. Initlyby. oath-and bond not to trade on their
own aticount. Sharpe told him, after the bankrupt.'
variation. in price, between . April and July, was from
that the flax had been pledged to Walker itud Co.
6d. to 9cl. per lb. On his cross-examination, he ' cY7
swore, that Defendants had repudiated the bargain la "1. • ' • •
in the month of May, and that
_at the sug‘zestien of I The Clerk of the Wharf proved thatthe flax was
Mitchell; one of the then Plaintiffs, he added to the sfill in the witrehonse.
A Clerk proved, that he demanded the lax from,
bought note a memorandum, stating that Defendant :
must take a quantity of damaged wool at an allow- : and tendered sum for charges, both to Sharpe and
once •he i give to Glenniellut they refused to deliver.
tmonstrated against it: he did not
the Defendants notice of the alteration for some Mr. Cressitted,.,Solieitor to the Commission, was
then called, and asked whether the Defendants were
months.- The samples had been lying in the drawieg-
the Assignees.,
room of the importers, and appeared to him to be in
good condition. They began to weigh the wool ones__ The Sot Tempe-GE:4RM. objected:
Lord FeLerstitaitOtell held, that if he knew it.
able condition ; 70 were in such a state they could
the 6th of April; they were in a most unmerchant-
from any act of their's he might be examined.
not tell of what kind they were. The warehouse- Mr. Crossland then proved, that Defendant, et.
men had taken off a great part of the rotten and very cept theeSbarpos, were the Assignees of Sharpe and
..
wet, but some were so wet it was impossible to say Son. • • - •
What. the real weight should be. On discovering their i The' Sotterron-Geozaer. contended, that the
- 1
condition, he wrote to Mitchell, who came to Lon. ' Assigneeeand Bankrupts could not be joined.
den from Bristol :he met M'Clean, one of the De.) Lord Netteaenouen held, that as it was an'
fondants, at witness's office. M'Clean objected to • action' of 'tort, and there was proof of conversion
all the bags that were wet. Mitchell said, the% an ,by bankrupts before their bankruptcy, which was
allowance must be made to buyers: but Walnut t adopted by the Assignees, they might be joined.
paid, it was impossible to ascertain .what Heil they The SOLICITAR-UENERAL then said, that azi the
had sustained. The witness also swore, that above . Assiguresioceived the goods as the goods of Walker'
170 bags, Out of 590, were entirely objectionable, : and Co. they acre bound to keep them for them.
and that wools that bad been wet, and were repacked, i Lord Es.etsaoitoucit said, they might set up
were not ;ecknnedmerchaitahle et
: they also '. the title of Walker and. Co. amid sustain it; but they
their judgment as to what mark they should put on I were boutul to give the goods to the pruper owner.
those buf,s which had not any mark. On re-exams- I Verdict for Plaintiff. .
nation lie swore, that after Mr. Mitchell came to { the Court adjourned till Saturday:
s ••
toile his cterk acted entirely under his direction. I ..........___._-_._...
" Loki teessi en aouen said, if an article be not equal I, . AFRICA* MAGIC; THE Olt.—An old woman, of
to the sample, it is a freed, add vacates the agreement; '
, 60,.was in February tried at Kingston, Jamaica,
and' to set the con!rac. Linen its legs they must prove, practiling this rite. The influence she had ob.
that after knowing of tae difference between the 1 for
tained through means of it was very extensive ; she
sample and the article, they agreed to take to the i conquered the incredulity of some by administering
Bargain. to them slow poisons, and then represented their
The" SOLICITOR-GENERAL contended, that by
wastingillness and sufferings as the natural conse-
taking a part they bound themselves to take tliu quenCes of their unbelief in her power. Some of her
I
whole. followers died under the severe probations to which.
Lord ELLENBOROUGH said, he would leave it to
she condemned them. The particular offence for
the Jury to consider, whether the Defendants were. which she was triect'veajt'administering :poison to a
so enamoured of a loss of 25,0001. as to take to it;' slave,
for if they took it by mistake, they would' be livable ten
able. whom she had vowed to destroy, while at,
ding her pretended incantations.. She was found
only for the amount of those they took. guilty,. sentenct.ql la 'suffer death, and three of her
The Sauctrol-Gzstee.te stated, he Would prove• disciples transported fiom the island..
that the sample was a fair picture of the article,.and
is n 4 encommee FOra seta qui tans informers
that it was the custom of the wool trade, that what.:: k
go about endeavouring ter .procure unwary prin.*
ever was damaged should be rejected, and that 1 tet°tensto pritit,lutod.hills or. advertisements of fictie
judgment should be exercised as to (hose iithont
marks. , - . - -- tious 'horse-rec.&.7 -in which prizes -of less value than
- ,
501. are-bffered: to 17y Thti for: The trade in general,
Lord ELLENEOROUGH said, it could hot be lawful i
to christen the begs at random, and in point Of law, .1 theref°r", •anl fiarticadarly printers n. the country,
should bet Ware, that; by the Aet 13Geo. IL cap.
when bags of a certain description were contractel •
39
for, the seller could not put in any thing by chance.
It was not within the contract ; selling not according !
;prize, every printer who shall advertise any, late,
z,t,,,,..
p
of less value than 501. to be run orf by
to sample was fraudulent.
' horses, incurs a penalty of 1001.
. A Gentleman was then called to prove that such I As some waggons, with the baegnee of the
w
.
as the custom of the wool-trade, but the Jury de- South Mayo Regiment, were leaving Brent Wood on
Oaring that they did not entertain any doubt, the ; Wednesday last, the hellos in one of them took
Plaintiff was sion-suited. - I fright, and ran down the hill going out of the
town, about the Middle of which is a hollow part,
C. nonasszsa. v. slogs.-. •
I that caused. the Waggon to iwing- on one tide so as
This was an action on two policies of insurance
a ship from Petersburgh, lost or not Lost, to the : nearly to upset, when the cords which Confined the ,
coast of Great Britaiu. The loss and interest : packages gave way, and the top part of the load, On the 7th instant, a coalspit adjoining Howdep
em admitted. I with men, women, and children, were precipitated unfortunately fired, in which a number of men were
The defence was, that Plaintiffs had received two to the ground. One man was killed upon the spot, ,at work, 25 of whom were severely burnt. A boy,
a woman had her legs broken, and several were ' named Blench, who had escaped the fire, in his
kters from their agent, respecting the vessel, which .
;ht to have been communicated. The first letter * dreadfully bruised. ' burry to regain the top, cstught hold of a Man's leg,
ied, that the captain and crew were both bad, and VACCINE Iteocur.arrose—lt is gratifying tom to. i-by which he hung till very near the surface, when
there would be great difficulty as to the ship's have to recoad any striking instances el' the beneli. his strength failing him, be was precipitated tp the
;cuments. The second-letter stated, that the cap. cial effects of Vaccination, especially when they
.oc. I bottom, and his skull was literally dashed to pieces.
• arid mew were changed, and that the vessel was, cur in own own country ; as such we are authorised ; A young man, named Arkley, while in this pit,
:he sth July, proceeding with a fair wind from to state, that in the populous city of Glasgow, con- was so dreadfully tossed about by the fire, that his
'mei to Revel, there to discharge the light part of . taming about 100,000 inhabitants, the Small Pox has ; skull was fractured in a shocking manner, and he
cargo, thence to return to Cronstadt, unload greatly declined. By the Glasgow Bills of Mortality diett'on the 9th. Many of the other sufferers are
considered to be in danger.
heavy part, and load for England. He also it appears that forty-nine persons died by the Smalti •
tted, that he was afraid the vessel might be de- Pox in 1811, and in 1812, only twenty-four persons. i A: man named Kirton, belonging to Newcastle,
taiued. ! Prior to the introduction of Vactination several
has for some time been lurking about the outskirts
. Mr..PARK Contended that it was necessary to corn- • hundreds annually died of the amall Pox. ;lay such ' of Noie Shields,• • '
of
and exciting the compassion the
=ideate the change of crew and captain, but ,an example excite to the universal acceptation of the 'unsuspectingbintroducinghimself
inhabitants, byto'
Lord Eeetssottoven asked him, if he was aware ' life-preeerving practice of Vaccination ! ; i their houses as a person afraid of the impress, and
the case in which it was held, that there was no' CoNFLAGßATloNs.—NdeOructive fire happened on in want of the necessaries of life. By this means he
necessity to give notice of a ship being repaired, this ; Wednesday meriting, in tile premises of Mr. John. leaened where several seamen were secreted from the
beano en
i implied warranty that she was sea- son, in Sun Tavern Fields, Poplar, which burnt ' impress, and, after partaking of their hospitality,
7orthy ;; t was the same as to captain and crew ; with great raertlity for a considerable time, and it basely went and lodged informations against them.—
there was no necessity to communicate feariand spa- ; was with difficulty the. premises were saved from co Lie
wasp however, recognized on ;the 9th inst. by.
Wade's& ; plot° destruction ;
rem , but owing • tolbe activity dis. '• some women whose husbands he is said to have in.
Ii . Mr. PARK then contended, that it was impossible played by the a and from the great supply ot formed against when he received such a chastise.
That the vessel could be ready tp. sail by the 14 of water the lames, after destroylug part .of 'the meat as beggars 9
all doseriptieu ; nor it it opposed
September, when the winter risks commence, and' building,. h • were apply get under, without extends- they would have` spared his life, had not the over-
hat she was stated to the underWritersto be ea early .in . gto the adjoining houses.—An alarming fire also seem got him with great difficulty into the Northum-
etsel.. I broke out yesterday morning iir Tariitoeit Mews, • berland Arms, and appoiated constables to guard
Re then called Mr. Gregovy, vas of. the ender. Con
- • msstreet R.O
y Becil-squares which did. great dee the heels! tilt the Mob dispersed twhich did
1 not taka
'kers, but he stating that he had paid hh4libmip- ' Map to the stabling, * •
, .
• ' • ••• • • • i place. WI inn midnight. ' - • ' ' - ' '

Bow-mem—Thursday, Jane Itnth underwent I
an examination, charged Kith one of the most daring
and impudent robbert.ies of its nature that ever was
heard of. It appeared that the Prisoner had lived
in the capacity of cook with Mr. Ilan, in Bury-
street, St. James's, . for about
.three weeks. At the
ditmeraitne enquiry was made after her to know. if
the dinner was almost reedy, but she was not to be
found. The meat was found in the same state as
when sent in from the butcher's, and she had not
been seen since eleven o'clock. The place where the
plate was kept was found locked, and the key out.
On breaking it open it was discovered that the
whole of the plate was taken away. On exami-
ning the house a great variety of other valuable pro- '
petty wag' missing, and all the other servants' boxes
broketr'open, -an:l their contents taken away, con-'
sisting of Bank of England notes, watches, &c.—ln-
forMation was sent to the aboie Office, when God-
frey, . one of the patrolc, traced her to a pawn-
brokers in William-street, Mary-le-bonne; in the
act of attempting to dispose of some of the property.
Some of it was found upon her,, and the remainder
she had sold to a Jew in- Mary-le-bonne-lane. She
was fully committed for trial.
Some of the persons -in custody for the Mar.;
chioness of Downshire'a robbery, underwent a pri.:
vete examination. The son of Symonds and his wife,
the Jews who received part of the property, was ap-
prchended a few days '
since by Adkins and Salmon;
concealed under a bed, at a house in Poplar.
UNIOX-HALL.—TWO bakers residing in the Bo- ;
rough were on Thursday fined by the Sitting Magis.
trate at this Office, for exposing to sale, in their shops,
bread short of weight. One .of them being an old
oftnnder, was fined Ss. per ounce for the quantity
deficient ; the other, it being his first offence, and be
pleading in mitigation that the bread by accident
was overbaked, watt 414 in theinitigatet penaltA•of
3s. per ounce. 'the bread was forfeited. • •

so great was.lhe quantity of --Maw which fell oil
,mll:harieitllaswaniya,sethocaibrtleigutelmidestatroonacildeess
fowocerewrueraredrdbalnionckoendthhuoeprls
. - .
DOOM! .. .
which
Jrulthansiy .
66..hda1l •thg:hePrwistmersas
gailguatify--thelierobabt/E-rortyn.h.fh,tie;rti :.:
rest ms Friday night
the other twit were as innocent as any man in Cotirt.
roadabhorseback,_..
cd.k
b the.
- .
..
hadmhirrovitenniwoosfitofastbeindrietoedultirefly Csteaomiptering :kid:bony be,fwotrzeeenths: rpoo:-.
,:
i tWeettlltstnfriesstaionwd Ewdaislivbeurryglig.
bery was committed.
The fall of
pLealaceds-1 fromill s'
1111:,masidtcirdt, cs-iof
f.
staartiom.serceconsiderOk valtier:4leatetdta.walietnf:lloo,,useenutf. alvinduirSak:rokrd, alem. or,trtihnge ,snaebvrOttraSns
ir.iiqmooliThaer,
=. it appeared Ilidtßse Prosecutor hid found himself
six to eight feet deep, and the roads blocked up.--
Of property totheahount of 2 or 9001. and by the exer-
issesst useetev oillersent Bow-sweet, and Donaldson, the,, The long roach trait left on the read near'Satiquhar,
ir hsving been• impossible 'to' Arive it throt hthe9
roblkyy had Ose discereretl. The Prisoner had lived cook in
Mr. Shlsirirsilintseletfasontits, nod the officers cbove-niumod bad _ .-%ni
discoveted shat she bad *Aiken some goods to the house of n Mend snow ; anti the Sattquhar post-t Her was obligod to
of her's. ;tad alter' having been taken %to t Wady, the Ito: torn back on Saturaty.- Severat :pee* Were nearly
flieisedved itutivbearterl;asandwohrratthanhedearsemlfber. Thseris'agt whiplivelihaadt lost on Saturday morning, and in the course of that
Ipswlch,lind ooDonaldson going there, he found some of the . day, several farmers had men digging the snow for
aosecutne; the sheep.
r propeny. A bunch of pick-lock keys was found
on the Primmer, who was convicted of larceny, there being no
'
evidence to prove a soB On the old Old Meldrum road, the snow fell eient taking at any one time. The Pro- to
secutor stated, that theiPrisoner got into his service by means of ' some places to the depth of •-ight or tel feet. A.
a false character, that bee husband was then iu Newgate, and letter from a' Gentleman in 'the Garioch, says—
now on board the halki .Bbe bad obtained permission so ac-
company him to Botany Hay previous to committing this rob- 44 There has not been so• deep a fall of snow for
bery, and the Prosecutlr supposed the stolen articles were to be several years; tied certainly so great a quantity
taken with her. -
- . I never Was knownto NI in so short a space of time,
1 ' Bainbridge and Smith were indicted for stealing upholstery as between sit iu the morning and three in the Ifter..
goods in a dwelling-4°46e ht George-creet, Ilanover-square, .
tile property of Mr. 11. Phillips, of Nond-street. ; noon of Thursday. One poor woman was smotlie-ed
The principal witness in this case was Huggins. a carman, on within a few yards of her dwelling near this P;ace:
whose evi hence at klarllloroogbatreet office the Prisoners were 'other • .
. two are reported in the. hill of Foudland.".—
committed, he having identified both the Prisoners as removing
the goods from the Innis?. Tim witness had been threatened and At Peterhead, considerable damage wet done to tha
roughly handled for the evidence he gave at the Police Office by shippintr in the harbour ; and the new church was.
some of the Prisoneve companions, two of whom were held to i
• en ro uplike
bail for the assault. • Huggins, on the trial, said Smith hired his nearly unroofed ; the lead having he Iled
cart, and that was all he knew about him, hut be never aUoded • a sheet of paper, and 'carried by the wind to filo lis-
to the name of the other prisoner, Bainbridge. ' i
The RECORDZR oir,erved there was no evidence of stealing tance bef above 100 yards.--( Edinburgh Pverr,.
1 the goods, and the Prionery Awere acquitted—as was also Lau- 1 prit
.10 .)
niter, who was tried w I:11 them forreceiv ing the goods. I Caistor Fair, Lincolnshire, which was-held the 9th
The following Prisoners were capitally convicted, viz. • ' 1 inst. was well attended, and we hear 'a good ti"
Joseph Durkee, for steak:llg two cows, the prbperty of Messrs. ;of businesi WAR also cone at it. Asasnal, on such
Cole and Cullum.
ravines Turpie,"for stealing 20 yards of black lustre, the • occasio'lBl the light-fingered .gentry were .numerous
property of John Lively, privately, in his shop. ! and active. Mr. William Fletcher, of Grimsby, was.
William Quick, fur assaulting 11' Mime . Coput on the King's:
highway,. and taie.ng from his person three Bank Tokens and a i picked af a small
hustled it: the horse lair, and Lad his breeches pocket
pocket-book, containing batik.
ruk,•his property..
notes to the amount of 311:
, .

hl kItRIED.
On Tuesday last, Mr. T. Ilartlett. of Chatham. to Amelia,
third daughter of the late 1)r. Conquest, of that place.•

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LAW IN2'ELLWENCE. -11,:74,._13' , ..,,
V'' : ti".....„ of Dinights4" •
-em.--
the . °thee Landerwt4e!. s
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to
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COURT OF RING'S BENCH, A eaii.ls.
.Spescial Juries.
' iitt
liability,i4° riil
el)
tY*tr4:::::Y:
67
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h e".r
i)te:f4u.l44 4rtearekler:atn. unii4l that
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n ed e Preillitlel: 111761:16-4:11RI:tatehin:11
2htbit:i!thhee "11l
t _ja,ll:l'l7l-±gegtej- 1774
and' r.liaalr:
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mar.a."l!s-17- :
...01.www;1.41Theiti'llti' :4* .I)ll...hrseitndwolselllth.,llllt:thoeuk:ienic4lll6'rtivt:::l:'-te9dhe.itti'Td4:ilifillidlte.:::eol. nt:ll6:bh:ale:dilii::ell::::,htt:ah.ilistiehiPedtNbokin:7l.--:"lthilliiShrsigiidaiscad..thhatr°:::l:rniirt:e'l;.
e ~,‘"iure,
ati„pittio:a",
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7.16„ thats . Sl7-ffaris9d'mslrohlerischrety:ceilhg:l4)iveio.tagnhiediEdninlitewr ihitiliGs
,
FoiraLL AND corneas v. CARRICK AND writitt6it'4lt.., "Ligir"king.44ll."su4
Ilrh7
~, This wts an action of assumpsit for rho rion-per- shonld have his ifvonity
'11:1 . To nce of a Special agreement for the purchase *44 writers were suceehsfeN-hit Lerde-i-
-11 Wool. The same question had been before tried, in be incompetent. -
dellehekaZt
tie case of Powell v. Divert, 15 East, '29. and. the 'Xwo other 'tinderivritere wereletlwitscalled who i 101711g1:2,461'
Ifi I ' Plaintiff was non-suited because the broke's, tt the stated, that had they teen .ter they did not sow ads Lk*
request of one of the plaintiffs, bactimerted a me- think they would have nudes-written the vessel at a° _ .__-__...411:: . 1-1-getimalltte, et _ ,
...nen 1
mbeaar.tst,
oihirty,citratitioeettattadlbtleolatoh.imext, rti:tet
ithhimes:iii4f.tioUt P:_.
tt!lop towards
r.; morandum in his note without the' cognizance of De- low s premium, but they• both agreed that the yes-; 71:1747ahretwed .to lots. ,re et tatciiitalighod
.i, this the glaie drew
.a pistol,. and preventing it at
fendant. On this occasion notice to the D: fondant ' sel might hare sailed befbre the let of September,
:I
TherNosenripelpriwesiimmrstimiled4tAsti""elem. b,bibitifiLirrdeirgristaecrirlitowid........°' "wrairt".....g.l .malititely-diliver up h. • '
to produce his note was proved, but it was refused.
, I after having done eveittltlng that was mentioned in
The horse was found negst morn:nag::
Marsh, who had been the broker employed betwuhviechn ' theTlielettejru.ryt,
there ItYwebetierbe7"grm rit.oe*theleas;rallaLten l': frb;retaetiroaoantdater.relcm'oiCy'antheeret.lhosrhuseidsdl'eeitugsliyillisaaultaid.rnr.meitendlisa,dst:i')aPhrst•ecin- tAeff";
the parties, swore, that an entry in a book,
*as put into his hand, was the copy of the bought under. the 'direction of his . Lowt...shipy 1 hews ere7.1.,,....16„.44.10at budalielaP:Baro
founda vcidict for Plaiptiff. • i Meat to Me statewtoor, the Prosecutor immediately identified ',tn his back, and rode ofrat-full
note as to the substance; but in the book -the entry
NICIIONLIA V. CL NM ASP OT 9
mac not signed, and it was headed as the sold note. #'.
E . usaS ASiIONKSII OP i thellion•
bei. sineaued• se. he' fir defence, Noeime said. 66 what., 1 Nottingham.
ng they have been swearing away ray i a closenotiar distant.
. sn A ItPE AND SONS; ANN eW. AND -. SHARPS. ' the ate erteyiez any diti •
I, ' Mr. PARK objected to the hook being evidence, as
Plaintiff had the original' sold note, and the every
' •• This was an action of trover to reeoverthe amount tite_ll hot as theY ca.",
Wow° NW —" I irl innocent, but you may hang me tud.
enema If you like.' -Arid the other Primmer protested hi. ice. , so
' EXTRAORDINARY FALL OF Stiow.-In Gll v
1 of a quentity of flax.
~..
- -......... • litarial enniv. -.. •• __ • treat was 'she uuantitv of • ' a / 9
ifir whi-1.. r...•