The Statesman.
London, England, 1810-12-13 00:00:00

His Lordship expressed his approbation of their
determination.

COURT OF COMNION PLEAS, Dec. te.
Sittings ai Nizi Prius before Lord 4144 Justice
• .MANSFIELD.

,1111VAINION V.
This Waa an action brought to recover a sum of
money alleged to hare been expended by thu Pl4m.
tills at the purchase of necessaries for the use ut
Defendant's wife.

Mr. Serjeaut Barr, in stating the case, observed,
,he was extremely sorry that such an action should
have been brought into Court. lie thought it *ould
have been for they credit of both the parties, as ft A as
a matter of a purely domestic nature, if it had beta
privately referred to some respectable Gentleman
at the Bar, • who . might have disposed of it, with.
out producing a disclosure of circumstances of a
nature which must be highly disagreeable to
the persons concerned, but which he would be
obliged to substantiate by his Witnesses. A 4 the
Defendant had, however, (honed fit to permit the
action to proceed thus far,, it became the bositiete
of the Jury to decide upon it. The Plaint.ff aas
a Professional Gentleman, and bad, at different
times, advanced sums of money to Cue wife of the
Defeudant, to prevent her literally from starvinc.
Part of the sums laid in the declaration had been
paid to a nude to wait on the utifortunate woman
when she was ill ; and part had been expend d in
redeeming her furniture, which hail been distraitied
for rent. The Drksidant was an actor at one of the
Winter Theatres in this metropolis; and his pro.
fessiorial exertions brought him itra salary of dio
guineas per week. Independent of this, he enjoy.
ed the produce of a freehold estate, which he old
obtained by his manage With the very M'comatt a tie
had been thus consigoed to penury. tie would not
detain the Court and Jury by expatiating on the
sue, but would proceed to call his witnesses 10
prove the different sums mentioned in the dicta.
ration. •
Lord Chief Justice MANIITTELD -.-411 This avitio
itannor be sustained-1 never heard of an ac
brought to.recover money lent to a married a to II"'
•IYlr.Serjeaut Ehe own.' was so va.vcil
io procure_ food for Mrs. Marshall."
*i.t Lord Chic( Justice MANiFt EL-11.!." it *lli ti-t
'ie. If there are any modern decisions in favour of
such it proceeding, let me hear them." '
*flew ilare:-44, I thought T had made
thyself 'sufficiently understood...but I vi ill ~lain
states that part of the money eipended was actually
given to the Servant to go out and buy bread fur the
I.:Defeedant's wife.
• Serjeaut Smxitutaih for the Defendant, ob.
served, that Mrs. Marshall had been separated from
her husband these 2) years, and that the Plaintiff,
Who was s' relation of Mrs. 'Marshall, knowitiglivs
.state of Mr. Marshall's circumstances, had brought
the present action. -
' Lord l hid Justice Mastsitzto-.-46 see ye ors
tides mentioned in the declaration ; it .is ill mother
tent and paid—the action cannel be supported ;let.
the Plaiutiff be called." —Piaiutiff notruititd.
•
OLD BAIT,Er Dsc. 12.
The .Court proceeded -.to pus sentence on the
seycral Ptisoncrs who were under conviction, and
who bid not received judgment.
The first put to the bsr were" tbe following jeer.
''neymed printers,• viz :
Hbwiett, Jiiho Gee, Wm. pada:, Stephen Beckett,
George Westray, Stephen Hurleyilleuri Byrne,
Williams,
Wmol-
ley, Robert Paquin. i4ward Nail, Wm. Williams, Corllet
Latham, Wm.:Coy, James Johno Machiutasis, Ili-
' cholas Collings, Malcolm Craig, Chrrpman, aad John
`Simpsois.
As soqu as they were severally celled over, •
• The Itscoaose addressed three.--He •observed,
'Abet the offence with which they were charged, eta
te which they . were all found guilty, was one -
w'hiCh the law visited with the heaviest .kaal ties.
The Court therefore ordered` that • Robert licrtaktt
and John.Gstrelould he respectively Imprisoned two
years. in his Majesty% Gael of Newgate, and be
.fined ls. each, and be further itoprisoued till that
fine be paid. •
.?that WiWam Glifton, Stephen Beckett, and George Wed.
ray, be imprisneed its tie same gnu( for the space of ailikteen
calead'ar months, salt fined one shilling wit. • •
VIA steppea Hurley, Henry. Byrne, an& .Ithos. VlOntay,
be impriseued twelve calendar months la,tbe same,gan each,
sad pay the liketae. ,
That Robert Pacquia, Edward Kidd, William*
Corbel Latham, William Coy, James !Unwary, s.Mockina
holy, Natbantel Collings, Malcolm Craig, John Chnpliattklied
Johnlauipcou, should by imprisoned nine calendar atuatlelestch •
in tie same gaol, sad pay the like fine. - • .
When this fast sentence was pronounced, Ma.
cartney htivlug-remerked that they had been reacori.
mended by the Jury to the merciful consideratiin
...of the Court, dueittil to know whether the sentence
was to bear date from the day of their confinement
The Redoaoeft answered, that the Court was dot
without taking into its consideration the recommen.
dation Of the Jury, and therefore the punishment,
weer. gradated accordingly; but nevertheless it was
, the determination of the Court, in making such gets.
datieri,lte older that the sentence shoild hem-date
from thistle'', the day on whichlt was 'pronottnCed,
and it was recorded so.
•
Woolley 'said, he had served the • Prolgeutgrs
'faithfully and conscientiously, and lia,d,;feft. the*
istorditig to the general custom of theirliffe.littila
had Wren° the ifiltlittal practice, for'. at .
Cuntury.

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