The Statesman.
London, England, 1820-10-20 00:00:00

THE STATINVIA

LAW LyrRtLitiENCE.

COINT OP ICIVIENCIL Om 19.

■AWKEI V. eLnatpas.
This was an action of trover.

Mr. ticaster stated the case. The plaintiff, the
learned Gentleman said, having occasion in the spring
of last year to deposit a quantity of household furni-
ture in a place of security, applied tb the defendant, a
publican at Battersea, and hired from hint a room, at
the rate of three shillings and sixpence per week. On
the arrival of the ;pods at " Nine Elms." (for so the
house of Mr. Eldridge was denominated), it appeared,
that some portions of the property
_were too bulky to
pass through the door of the room intended for their
accommodation : and the defendant thereupon caused
them to be placed in an apartment of larger size, and
which boasted a portal of more ample dimension.
Owing to circumstances which it was unneeessary to
explain, the plaintiff permitted his goods to remain
SO weeks in the house of the defendant, and on propos-
ing to remove them was met by a charge of
XI per week for warehouse-room. lie pleaded in
vain his contract for 34. 6d. per week, and, anxious
to avoid litigation, at length tendered 10s. These
offers were I.lected ; the defendant ivsisted upon de-
taining the property: and to liberate the material
from bondage the present action was brought.

Mr. Lee and Mr. Lientley, warehousemen, prnved
that 55., or, at most, 7s. per week, was sufficient pay-
ment fur the accommodation which the plaintiff had
received.

Mr. Scaat.Err said that there were two modes of
stating a ease. The facts were briefly these
plaintiff hail applied to the defendant to let Lim a gar-
ret at 3s. fid, prr week, and the defendant had con-
sented. The plaintiff's goods were in consequence
landed frog a barge, the river Thames running within
a few yards of the defendant's premises, and it was
immediately discovered that the garret wis hien/Relent
to contain them. What was to be dune ? The de-
fendant had in his house a large apartment which was
used as a clnh-room, and in that room the articles
were pl :red, upon a promise from Mr. flawkes to re-
move them within three days. Instead of so d. ink,
Mr. Hawke' went away without leaving either his
name or his address ; and the praperty occupied the
most valuable room in the defendant's house for nearly
twelve months. the bargain of 3s. fid. he was
evidently released : and he should be able to show
that the room in question was worth, to Mr. Eldridge,
nearly .C 2 a week front one end of the year to the
other.

Witn . were then called, who proved the first part
of the d. fentlant's-case ; and Mr. Srarlett was proceed-
ing to give evidence as to the value of the room, con-
sidered as a club•roow, when
Mr. Justin. I:mtv interfered. The vette of the
room, or the loss which the defendant had sustained
by being deprived of it, could have no weight, his
lordship thought, in the present case. The action
Rai not an action by Mr. Eldridge to recover special
damages for the use of Ma room; Mr. Eldridge had
made hiutself a warehouseman, as regarde l the present
cause, by detaining the goods. Ile had claimed a
lien upon them ; in the character of a warehouseman
only could hr hare any lien or any right of detention.
Now, standing in the character of a warehouseman,
he could only claim the price of warehouse room for
the property ; special cirrstnstanres could not be
pleaded to enhance the value of the particular apart-
ment employed : and unless it could be shown that
the accommodation which the plaintiff had received—
viewing the room as a mere warehouse, was worth
noire than ten shillings per week, the amount which I
had been tendered, the plaintiff was clearly entitled to
a verdict.—Verdict fur the plaintiff, damages one
shilling.

S•1111CIL n. HIALT •ICD OTIIENS.Thif was an action
fur rouge sold and delivered.

Mr. iicant.yrr stated the case. The plaintiff, it
appeared, a merchant in Oootiman's-fields, had, in the
course of the last year, a quantity of rouge to tell,
and placed it, for the purpose of sale, in the hands of
a broker. The lot consisted of ninety boxes, each box
containing ninety-six books, and one penny per bout:
was the price at which it was to be put np. It hap-
pened that, by a mistake of the printer, the catalogue
ran tine penny per box ; hut the error, at the time of
sale, was explained by the auctioneer. The rouge
did not sell at the auction, no bidder being found ; in
the course of the afternoon, however, the defendants,
contracted with the broker to take it at the auction
price. The commodity was delivered; and the Jury
would be surprised, Mr. ticarlett was persuaded, at
the defence which was set up. The defendants de-1
clartd that they had •imagined they were buying this
rouge at one penny per boX ; and they had actually,
In answer to a claim of 361., paid eight shilling: into
court.

One of the boxes, containing eight dozen hooks,
was then produced to the Jury ; and certainly it wopid
require no common share of credulity to believe Oat
such an article could he purchased for a penny.
31r. T. [tall, broker, proved that one of the delkind-
ants, Mr..l.Hully.looked at the rouge previous to the,
commencement of the sale. When witness, from his
box, mentioned Isis mistake in the catalogue, defend- j
ant was present.
Wm. Nortbcote was clerk to Mr. Mall. Mr. J. Holly:
came to him upon 'Chabge, and asked If the rouge-1
hooks. ire boxes (witness could not recollect the word)
had sold. On being answered" in the negative, be,
said, that if a penny would do he would take tham.l
Witness said. that as the property had not gobe off at
the auction, he must consult the owner. Qn the pule
evening the contract was made out, and delit4ered to
the defendants,
bfr.OuamaY. for the defence, aliedged. lliat *re
bad been a mistake through the whole transactions. .
Verdict for ilansiges 36/.
In the cam of." Alexander i. Kingston." which ep-
reseed in our p :pad' yesterday; we are intorno:4.ollst.
as retards bue point, our.reporter hakanumittal aE
mistake. The Bat of the three tires mentioned oc-
curred as long -age eels the year 1799, and origiantal.
In the battlement-Oat of Kr. Alexinder..
GinnatTatt. SLOT. 4211361614444=4;11, filanse.
from Dunkirk ter ilaremillei, wee
mousing, dor* • gale if beletersit skis ae~
Maters:and wee fines el* lipthemilkeessiati theßevile -ties. iligremer feeei•ShOpel hake
toned My her into thisipoliouribil amosiep. -.I 4, I

;.;

POLICE.
,
amino* Or Vie QUEEN'S MAllltp4 TOF LITVIRGT.
01/11411ALL.—Mi. Dixon, baker, in Fleet-street, mu
of the people termed Quakers, appeared rsterday, be
fore Alder Thais WOOD and Mr. Alderman Anstal
(the presence of two Magistrates being required by
the Statute), to shew cause why a warrant of distress
should nut be issued against him to recover payment
of 4/. 126.3 d. due from him fqr tithes.
'1 he reason he resisted this claim wai, the Vicar of
the parish refitted to pray fur the Queen according to
the fora) of prayer set forth by Act of Parliament.

It turned•out, however, that it was not for the spi-
ritual or vicarial tithes that Mr. Dixon was summon•
ed, but those of the lay impropriatur, and under these
circumstances Mr. Dixon submitted to the order for
payment.

Bow-. ra 7.—lllegel latrireaseee.—Peter Potter, a
veteran speculator in " Little Go" affairs, reciding is
Bedford-court, Bedford-street, and Thomas Childs, a
venerable colleague of his, were brought before the
31agistrates on the prosecution of the Commissioners

for State Lottery, fur keeping a " Little Cu" insu-
rance office. Mr. Alley was retained for the prisoners,
and Mr. lksse appeared for the prosecution.
By the evidence of Godfrey and another officer, it
appeared that when they went into the house for the
purpose of apprehending the prisoners, they found
&m at a table covered with papers, and a number of
other per‘ons were standing round it. The moment
Peter Potter saw the odicers he got up, seized Godfrey
by the collar with one hand, whilst wills the other he
threw the %hole of the papers into the fire, and some
other pe..son at the same moment gave Godfrey a
violent blow on the back part of his head. The offi-
cers, hi,wever, succeeded in snatching one of the
papers from the flames, and they swore that this paper
related to illegal insurances in the Lottery.
Mr. ALLEY made a very ingenious defence for the
prisoners, and Mr. Hesse having replied, the Magis-
trate observed, that hr had lattened with great pleasure
to the Learned Gentlemen on both sides the question
but after ali, he was of opinion, that Mr. Peter Potty,
,jsittisell had thrown the greatest light upon the uubjeit
by committing the papers to time
Eventually, Mr. Peter Putter and his frk ul were
committed to the House of Correction for one month.
much against the inclination of Mr. Putter, who at•
tempted to show cause against the rule ; but hip
own Counsel adlised him to be quiet, and he was so.
A NEtw.noilts.s Arrain.—Nirs. Judith tirmitage,
or Grumpage, a very fat cid lady, charged Mrs. Mov-
garet Higr;inbotioni, a still fatter old lady, with
coming into her house on purpose to abuse her, and
moreover, with srizin.; a certain vessel, ycleped is
France a put de ehandire, inundatiag her entire per-
son with its contents, and leaving the':aid vessel in-
verted on the top of her head, thereby making her a
laughing stock to all her family.
Mrs. Higginbuttom denied this statement alinest
in tato, and called

11r•. Mary Boodle, an elderly personage, much
titter than either the plaintiff or defendant ; and she
being sworn, deposed that the whole was " me ely a
neighbourly affair—but only Mrs. tirampage cou'dn't
take a joke; and she was besides rather overtaken
with liquor, which made her a little quarrelsome."
A long altercation ensued between the parties at
issue, and their friends, comprising, in the whole, a
bevy of bee as portly dames as ever graced a Court of
Justice.

The Magistrate endured the storm for a minute or
two, and then dismissed the affair altogether.
liaratneroox.—A young woman " of slender re-
putat' " charged one of her sweethearts with knurl-
ing out one of her teeth. In the defence it was proved
that she had hit Iris thumb most unmercifully, and
that therefore he expelled the offending tooth from
her mouth. The Magistrate was of opinion that the
retribution was a just one, and discharged the warrant
Nothing has been yet beard either of Franklin or
those who went in pursuit of him, since they left
Dover on Saturday last.