The Statesman.
London, England, 1815-12-05 00:00:00

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.. COUttr Oe• filfsiti'i Belief', thcc. 4.
wt. sittitlNE r. Eau itiastrr it so.
An estate in Sasses being pot- up to sale et,Garra..
way's by the Defendant, it was bought:et 2%101. bye
Gentleman of the name of Caddiagtuti, miagent for
the Plaintiff, and the sum of 4421. paid as a•depoSit
but of the martoy of Cuddington, that sem being
efternitili repaid to himby the etalsitiff. From the
year.lBl3, *hen the site took plate', the Defendant; •
or the persons under whole
_he acted es auctioneer;
had not Itien-eble,le make.esot a good ti•le to the
estate tin curls ensi.thi Plaintilflttetrglat this action to
1 releaser the depasit. , . . • ,
Me• Ti OPINPi ifir the
~Plaintiff,, celled Mr. Cud.
IPefeletkr' •1114"411-IITIRI Abet
.he only . acted as• scene;
and its. that enaracior Paid his uwe.evitney to ihe 13.-
.flisalasrltienstleposit. Thealiy.baok of the Defendant
wag alio pridpvad, *lsere the entry appeared in the
name*, Abe dff. . .. ..• 1. j 4 _.•
-. Mr. Kaseatime, fee the .17-iefest2ents; objected that
!lath evklenee did not.eatitlethePlainti a to brine the
&oleo ; .the respect sass.. made with 'Atilt/high/a set
the sale, and tut asouey.bad been (aid.
. Ma; r tperzen quoted the case of, the Doke of,
IVestsilk .d.. WssittlY, which regarded the purchase
an estate by Ilse evLitt: 44 the (Joke, in whom it
asap Jteld by t 4 Court was the right of action, and
stet in else agent. . . . -
Lord lit.t.smineouno...--There is a itiffereoce be-
tween that rage sad the presets( I there the deposit
was mooli 6ot of lit. qiivotry of the Initialed, the
Duke of Necfnlk; here, out of the money of the
ag,enr. But it al:pears that the Plaintiff was coesi
dared by the auctissneer as the porCheser, and the Suns
paid by Cuddington, when repaid to Mee by his pins. .
cip.il, becomes money had and received te the use of
the principal. '-: .i
Mr. MARRTAT said, that the real Dafeadantit store
)
now able to make a gyred title, which they roast cont.
pet the Plaintiff to accept in equity: he Iltsreseaited to 1
a verdict of 4121. on condhion that Or.. &then* -
should not endeavour to establish in- Chancery that '.l
Cuddington was the actual purchaser of the estate. •
white V. SCOTT. . J
2
The Defendant is owner of the frohloati- the 1
Sans Parell Theatre in the Strand', and site miff, i
fhating the lease of en adjs.' • hespe,•llwo t the
it
present action to compel. the Ddeerleystie remove a
certain wall, V feet in height, *hick illstrected. three
of his ancient lights. After the mum haul been cora-
menced (before a Jury who liad•hid the benefit of la
view), it was recommended by theAnart, thin. the • '
matters in difference should be teferraW' .
The ATTWINEY.GJESEitaL obis/Teed, Haat Ilse twee )
was of the inmost importance to his Client, the De-
fendant, who was the Proprietor of a "Dwelt* which, .
besides affording amusement to the public, gave sap.
port to 60 performers. A tortoise was•emberked in
the concern, ant! is the nuisance complained of wet
a part of the actual structure and wall of the The..
(re, the removal of it, if it were insisted apron,
wauld he attended with great lots. lie hoped that a
referent-font of Court would accomplish the eishes
Of both parties.- , . .
Mr. Totes:sot for the Plaintiff, said, that his
Client hart orsalevire to injure Mr. Scott; bat he was
anxious that Mr. Scott should not injure him. media .1-4
not object to an arbitration hi which the whole' cab.
jest would be investigated.
A verdict for 4001. was taken, by consent, for the
Plaintilr, subject to s reference, it living permitted to
the owner of the free:.uld of the Plaintid 's leasehold
hence, to juju in the submission.
Tile KING V. WIIEELER. -, •
Vtrhea this case was called ou, .neitAttesCeensel
nor Prosecntor appeared, .
The Apr° entY-GENERA 1., for the Dafessitant,. re•
quired that it verdict should be token.
The Attorney for the prosecution, Mr. Hever,
addressed the Court, exculpating himself, *lid re.
gutting that he was employed in a cause where the
Prosecutor had determined to be his own Counsel,
and would probably not conduct himself with proper
discretion or decorum. .
Mr. Cunwoon obsessed, that be had. formerly •
held a brief in this case, bat none had been stow de.. .
livered to him. - •• • - .
Mr. II TUT offered the brist nele. to Ida Chtwieeed..
to prosecute, but that Geallemite PerelleilAts liter's,*
farther in a proceeding haltbillail wels.4.seu as Mr.
Bruce, the Prosecutor, WM bbfweilled. , ... ~., -
Mr. Bruce basing Men called, end notpiiillmise,
Mr. Hyatt offered himself as the .firMiellitilema so
the part of the prosecution. .
The Curer Jussics jas.sneporson ---7.--
the nature of the case) read to the Jury en aketrect
of the indictment. It was for wilful•-and attempt
perjury in a case of Warwick v. Deuce. a* action
brought against the Defendant (now the Prosemiter)
i fur uon.performance of s contract regarding 31 MISS
lof potatoes, in which Wheeler, the Dofeeshust no
this record, swore that Blues had declared to Mon,
that be, Bruce, had warranted the potatoes at eight
tons per acre, and that, between the
.14th and. 24th
of October, the date of the contract, the priito of a
ton of potatoes hail risen to 7,8,, or 101. Upon
this evidence of Wheeler,• there were two amigo.
onents of perjury : that Bruce had never-Mae each a
declaration, and that patatoell were not at the pries
. stated.
' iVhile his Lordship was making this stateakent, the
• Prosecutor, Mr. Alex. Bruce, entered the Court,
and Mr. Hyatt hating put in emplace copy of the re-
cord in the original case, Mr. Bruce requested to be
heard.
1 Lord I;:thEesoaousu contented, if he confine('
himself to an explanation of the stature and object
of the evidence he should offer to lead to conrictiost.
Mr. Bruce then commenced reading an address to
the Jury which he had prepared, in which be pro.
(coed a sincere persua•ion of his manifold errors and
imperfections: he had several reasons for employing
no Counsel, but among them nes not persons! hoots.
city to the Defendant ; on the couttasy, it was his
wish that full justice should be done to a poor week
man, and if convicted, that a merciful "entente •
should be prottouncrd. ..
The Cute? 3 USTI.Ce interposed, as the Preseeistor
had trot yet said a wrrl within the limit preseribed.
Mr. Bruce hewed very submissively to the Court,
but proceeded with great warmth to reamts against
the probability of *hat Wheeler had sworn on the
trial, oat of which this indictmetat arose. Oa a fez.

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