The Statesman.
London, England, 1818-06-18 00:00:00

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COURT OF ICIMit'S BENCH, Juste 17.
•Woov V. 'Tilt SHERIFF OF MIDDLBSSZ. • •••••
This was an action brought upon an alleged filei
return, by' the Sheriff's Officer, to a writ for the ar.
rest and 'crustody of a. Defendant, in which return he
stated, that he -did 'arrest the Defendant, and had
tim in costody'i but had afterwards suffered him to,
go at large, 6y order of the Plaintiff.' The writ watt
at the suit of this Plaintiff, who is a tailor, agaittst a
Major Rogeri, of the 4th Polish flnssars, for wear-
lug
apparel furnished to Mali, at an hotel in Bond-.
strer, and for the amount of which the Defendebti
gate a check upon a banker in the City, where parei
meat was refused, and all knowledge of the drawee
distralinid. In consequenCe of which a writ was',
isetiid for his arrest, which writ was executed by ;he
Officer and his assistant, in the Plaintiff's presence,
upon the Defendant, whom they found lodging •at a
tavern called the 0. P. P. S. in Vinegar yard}, Drary-•
lane.
It appeared in evidence, that when the Sheriff's:
Officer went to arrest this Gentleman, they found.
him in bid, up two pair of stairs, at the Idittseabote
stated; but in a very dangerous 'state, from the effects
of an ounce and a half of laudaubm whici4 'hi had.
Mutt. with a "purpose' of self:destriCtionjin comm.,
queuce of the embarresethent.
when the Plaintiff, whip was' present, i* tbsiia-
mentable state in which the isoforfuniteGentleinin
was, he declirid, that if'he had-known Of the circum-
stances be would not hate had the writ executed for
doable the amount, int he . desired the • Officer .to
withdraw from the place; which the Officer thought
a sufficient authority for abandoning his caption, and
in conrequenee made hiareturn *pan the writ.
It was contended by Mr. MAttutAv, on the Plain.
tiff's part, that although the, caption was abandoused
fot that time, as the party was in a state ankle be:
removed to a jail; yet haafterivardt way convalescent,
and at large in public, and might have been arrested,
by the Officer; but lie woe suffered wholly to escape,
h and the Plaintiff knew not where td find him, and,
therefore,'broughthis 'teflon agiribst 'the Shalt on
account' of the grOss 'negligence -which. the debtor •
was suffered to escape: '
Mi. Minna,' en the:other side, contended, that
the debtor was not at large, tier iii fit state of con-
, valeicence for removii,'until after the return of the
writ. That therArre the'Plaintiff, at whose desire
he was discharged in the first instance, if he wished
to proceed further, ought to have issued ai4wpro.:
cess, the first having been executed, and the-iilition
abandoned at his own desire ; for the Oglaei bad
done his duty. • •
Lord ELLENBOROUGH was of the same °pink's;
the Officer had done hiadoty under the first warrant,
and the Prisoner was discharged from custody at the
Plaintiff's own desire, which luta certainly much to
the credit of his•humanity. But when he once opened
the cage doer, and set the bird at liberty, there was
an end of the caption, under that Warrant ; and if
the Plaintiff repented of his benevolence, and wished
to renew his suit, he ought to have issued a fresh
process.
Plaintiff nonsuited.

.BOOTH V. MANLY. .
' This was an action brought by Mr. yonlos grata
south, one of the Performers of Covent-garden
Theatre, to recover from Mr. Manly, the Manager
Of an itinerant company of dramatists, performing
tetnpore at Stamford, remuneration for two
nights performance at the theatre in that town, for
Which he had engaged Mr. Booth; but on Mr. B.'s
arrival there, he would not suffer him to fulfil the
engagement; and afterwards refused him any com-
pensation for the breach of agreement, or the fatigue
sad espences of his journey.
Mr. ADOLPHUS, who stated the ease for the Plain-
tiff, represented to the Court and Jury, that in con-
sequence of the celebrity obtained by his Client on ,
the London boards, Mr. Manly, desirous to increase
the popularity of his Theatre, and treat his auditory
with a dish of novelty from the Metropolis, wrote a
friendly letter to Mr. Booth, for the purpose of in.
during him to come down and perform two nights, if
practicable, consistently with his engagements at Co-
vent-garden. This letter, dated the 7th March, and
couched in very laconic and eccentric terms, told
Mr. Booth the Manager's ,wish to engage him for
two nights, if he 'could make it convenient to come
—that this was tae, fair tithe, the town full ;—the
theatre crowded every night; and no starver—and
offering him his choice of either 20 guineas for two
nights, or to share profits, after deducting 101. a
night for house espences, whihh might make from
301. to 311.—0 r as they bite (meaning the Public)—to-'
play [ago, Sir Giles, or Richard ; to make his de.
cision promptly—and if that should be aye, to wrap
it up in a letter, and send it down by return of
coach, concluding—" But ter my love, I pray abuse
me not." •
Mr. Booth, without deley, wade his engagements
to go down, and apswered by the night's post "be
would go down." Bat finding .11 the inside places
in that night', coach pre..engaged, aid not 'caring to
risk his health by a night passage outside, deferred
his journey until Monday morning's coach, were of
reaching Stamford by seven on that evening, being
one of the two on which he was perform • and he
wrote another to Mr. Manly, on the Sunday night,
which he pinned to the way-bill of the coach, stating
his disappointment of a place that, night, but saying
he would set out nest mornioe. and arrive at -seven in
the evening, agreeing to play lago or Sir Githr
reach —and adding, that when he came down, they
could talk further about Richard--and proposing,
that on the first night, Mr. Manly should perform
the farce first, to keep the audience in good humour,
as he would arrive at seven. time enough to act his
part in the play. .On Mr. Booth's arrival, however,
be found his name had - not been announced in the
play-bills, and that be could not perform on that',
night. On his attending nest day, he was told he
'could not perform on that night. His engagement
in London could not admit of his remaining-at Stam-
ford for two other nights, unleas Mr. Manly would
lagree to indemnify him for any loss he shoirbl sustain,
in consequence, at Covent-garden This Mr. Manly
declined; end. Mr. Booth came luny without per..
forming, or remitting any remuneration for his troulths
and expence. Bot as the Learned Counsel, stated,
the true cause of Mr. Manly's declining the services


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of Mr. Booth was, that (4bageent to his fetter to
engage the latter for the two -nights, the Martinis talf
Earner had arrived at Stamford, bespoke a play of
thohlanager, differing him thet intended, sod pro 4
seine to occupy the feshiantable•-part of the -Maid]
with his fashionable friends; and this attractive ea.
gageinent; pompously sanounced in the bale, pro.
eased 'talkies the.cratem.of popular cariosity for the
idaniger, wile foresaw that afterwards he could only
iiipeet an audience of toopiireezers ; and, therefore,
instead of skating, as he eight, the casual advantage
with Mr. Booth,• be thought fit to bleak his engage.
..ment, and leave his reliance open' the honour efl the
Manager. Mi.-Booth afterwards wrote him a letter
to request a liquidation of his claim; in answer to
which he received a letter' not only refusing any com-
pensation, but couched in the most wounding tarsi's
of defiance,,sarcastrr,aad lasolt. He therefor* hoped
the.Coreet woultrecominend to the Joey a verdict in
tauter of his Client.
Oise witness• proud the band-writing of Mt.
Manly to the letters. • .•
Lord Emasseottoonas, however, was of. opinion,
that as Mr. Manly bad stipeleted in his proposal that,
.Mr.,Brarath should come down in time (Wren arraege.
MOOS necessary to his of the !carte men.
firmed, lago, Si Giles Overreeck• lad Richard,
too the two nights meolioned, namely, the 9th and
10th of March ; and that as Mr. Booth hod so ar.
singedWiatters as notao be there 'until seven in the
evening of the first night,- end es be agreed only to
:thoperforamurce of the two s,first mentioned chalet-
•tera, and referred the part of 'Richard for subseqmeat
consideration, he had eat closed with the precise
terms_ of the bargain propbeed by Mr. Manly ; be
could not, therefore, hold the -Defeitifint to those
jrreriae terms. Hid he been a Mae of the world, be
wonid have waited Mr. Manly's «newer by return of
post to his own modification of the bargain ; bat hat-
ing objected to,the precise terms of Mi. Manly's let.
ter," hicould not hold the latter to the eogigement.
His Lordship was sorry thatthePtaintiff by this error,•
should have lost his claim to cOmperpeririii, which
was certainly a hardship ; bat his LoAriiiii eaketl the
Plaintiff's Counsel if be bad any objectilis- to with-
dlow a Jriror ?, .
• MaanTii,. on tbe Vert of flii,jaintiff,
readily asserted, which hatt left each, pirtY,Tri their
irespective costs, and Mr. Boothia bierelietici On the
kooour or btr. Manly. •
• DUPPERON D. LEES.
`The PM:tiff and Defendant in this case were per-
lons employed on he Opera-House 'establishment.--
The Plaintiff, is appeared from the Statement of the
helirt si.taition in which he was 'subordinate to'
;the Defendant: On a former occasion a dispate, the
irticolare of which did not appear, arose between
the parties, and., on the day on which the assault
,i
took place, sotne new provocation. had been given by
the Plaintiff to the Defendant; they were coming
down the gallery • stairs of the. Theatre, when the
Plaintiff addressed several provoking epithets to the
Defendant, challenged him to 'fight, telling him that
he dared not, and that he wee a coward. The De.
fendant at length, provoked by these taunts, turned
round, and taking the Plaintirshead under his arm,
gave him several blows on the face, in the course Of
wilier a ring, which the Defendant bad onhis little
iOget,epratched the lachrymal doct of the Plaintiff'S.
eye :this was the assault complained of.
MWitden a *medical man, was called to prove
the rojerytheilaintiff had sustained he voted", that.
when caned in to the.rfaintiff, he feunil.his,f a much
mutilated—
Lord E.LLENIIOII.OI/Glihetw inter:opted the,witneis,
and requested he would not use. such fine. words, but
condescend to use such as weroluited to common un-
derstandings, and were ineommoo Acceptation. It
hi was determinici to use inch, at least let them be
such as were applicable._ .hr. the present case muti-
lated was not ; mutilated meant separated.. If the
Plaintiff's nose bad been knocked off, the witness
might have said his face was mutilated.. In the
present case, if the witness had stumbled on, the
word lacerated, it might have been right. In (ratite,
he world advise him to accommodate his iaoguage to
common sense sled good grammar.
Mr. ScAitLETTe for the Defendant, urged, in mi-
tigation, the provocation his •Client had received ;
and further, that the Plaintiff bad received no mate-
rial injury.
The Jury, after a summing up from. the Learned*
Judge, retired, and were out en hoar, when they re.
turned into Conn with a verdict for the Plaintiff,
damagais 301. costs 409.
TonsTrlt V.-NEEctlnit.
The Plaintiff in this case bad been servant to the
Defendant, an Dfficer of Dragoons • and the present
action was brought to recover the amount of the.
Plaintiff's wages and board.wages for one year,
namely, from the 3d of April, 1816, to the .29th of
March, 1817. The defence set up was„ that the
Plaintiff's demand was unreasonable.
W. Kilby knew the Plaintiff,-who ordered the De-
fendant's service at Canterbury in April, 1816. The
.ascent afterward* went to France, and the Plain-
tiff accompanied the Defendant there, and continued
iftfth hire tin March, 1817. The Defendant west° sop.
illy the Plaintiff with board-wages. Witness never heard,
any sum named.as board-wages; but he contidereo
40%. in France and Ms. in England per week, AL a*
fair sum. The Defendant found the Plaintiff with a
;coat and waistcoat in the year ; the Plaintiff ffouad •
what other clothes were wanting. The fair sem for I
wages for a servant in Forster's -aitriation was be- ,
tweak 401. and 501. a-year. Witness never heard of
Plaintiff's running away, and leaving Defendant's
things in France.
On' the part of the Defendant it was contended,
that the demand ,set up by the Plaintiff was ewes-
sive. A verdict was taken for the Plaintiff (Or the '
amount of his demand, subject to a reference to Mr:
Barnewell.
The remains of Lady ALTHOUP were removed
Tuesday from his Lordship's seat, Althorp, for in.:
torment in the family vaults in Northampton.
A Roller Pump, on 'an improved principle, (or'
which a patent ha' been obtained, is erected at Won.'
cester, for the purpose of raising water from the
river Severn into the large Nein of the Werceoee
`Canal, where it throws up 900 gallons of water per
minute through a ten.inch bore.
On Tuesday night the house of J..Deboos, Esq. at.
Edmonton, was broitropea and retrbrd'of a quantity
of p!ate and lineu.

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*l,.

....;...„„.,..
•
ritatibmat ritt"er. "mitt e "ea
TAhlt4alliSin
illii.. Aeodi', 'his pri 141, ""kerq a C1414.'1.
.dpqm!
Thq,,Propecanat lien wood a visit to Als. .1941ve'aA •
Parliaweatmireelf Os Ilkeetopist of the 2441tr:ftAeoae—` , lwathar treat Ho whe a wank, and ishoot al liatieWe pwripteegat I his brother left Alas, and the Proem/our proceedw sor •
Pagoda bridge, at the fink if *kik a inadleick4l skim byt
home, as ha ut Ow AiSpotte.M, kw** km broom ' I
be then kaockerrins ace.f last the 'will/ b** 411406
4 whaLisa-hntifts • . meted MIN Miranfethe, • . I
the. bridnel VI beve. there woe switi lad od dldp. •
Wok to iMerfere 1 'bailie said it was iso buttes% al•illby glissWer *Slit wni hn too mauls. llie leit' is* as he iris
comrade, and ow. used the Peacetime af hams( givezAii
Owes for an aboialulible .11110001 r. PrOseentor ' • ;
.retry to depths thew beth vigil lllC•felief Contra intt is,e4fira
and the Prisooer saateliedint waitelsirchis bis fob, a
tweity.loviti.tool atkke inflect thrisegenSet. he pat iosiz tor
a corner of the Prosecutor s neckerchief, *bleb lihltpt
. l
Gq the following day J. *navy, pot-bor Ist. t oess*
he '
laeldben, In- H Pesiltird-aarket. laxik 'the **oil so lit Jag
woo, its the *WV, lo have aiglastped,iw re
susit, XL J. la,,iimo
suspecting it In aot been boaCtill ohne lift 1401 the Itsl •
•kr. Edastrod. the soaker.. and thew ascertained that i'r ch
..
liatiostolea frsissi nos Praseeutoz. lo theiftetilog no
shamed' fpr if. aloft id it bad berayrivea Me es al'
. •
1 ' ' lie,was tbett .
MOW, did Wit woke say dentaie, hat ingradrd kw
Goggle* Wit io their enoisfestlasitun, and is cainag e's'
"wee, to insinuate that the Prnteebtprbihd glee* hiartOT csoel
-td cbasidermion of his setering hip to lake ultWlrs) Mom •
wandblis; bat share did mot aWpear arty' grimed fd"
ent'roil, -
olwati.iuoiowwion. Mr. smith, of Yorle-pores,
Mwprinci pa I &were of the Prosecutor', te-timosy..
- ' Mr. Abet rous wined two witneiwite ilia Prloacric .
ter; and John Gilliam, for the repose 41( reillil
Ikwatea tar, relative la,,,stitS iadeeees kfte atif
- 4 bit, hiee
09hi ra j
while he resided in Jaasesmtreet, Ailey* ,._
that he timid net be examined, consistently 'sildi7',lo r:iierstai
Woideote. .
Pollard, the sentry, led, ibis ream, he wellidisothor"vem
was, that each charged toe mbar. tie denied ihet the tsr4arrr gave ban the corner of Ike neckerchief, but wodbOokte4 k
-on the bridge. . V
, Mr. J eat's* A saw then sowsned op the mddimee, bed to
,Jury found the Primmer Guilty— Deafit.,-ogettln.
W. Henry Howard, commonly milled rbe Sprig of Pak*.
stood indicted capitally for feluniouely forging on the lidiet
April. a ceetain order for the payment of 101. wits islet le
defraud John George Draper.
The Prosecutor stated he was wai•er ot au hotels, wide:kilo eh k erasgiven. The Wesiondity foliowing he gave the rtledi'
lulke porter
nameto present it. tin the following morning diem
,k
pers s ghee his and eddresv. " Celli:tin A rinstrunc, tie:
rondos -Hotel, Bond-street," •;,d he gust him the chatige,wlqh was refused payment.
Mr. Justice PARK observed. that there Amino ifideetesf
ei
Um forFery ; the .iintroatenr might• be 'a valid one ; :au the
banker s clerks ' shaved very improperly in um coining f,rward, to give their evideucein the case. V eroict —Nut Guilty.
The Prisoner wits again iudicten for feloniously forint!, d 1
tittering a ceirain order for the paytneM *fit. is. witbmo
I to defraud Elisabeth-Hann.
1 • The Proserutrix keeps the Crown and Anchor n•iiie.voolts,
in King-street. Wessoulasmr. This 14 ithess could riot speak to
thefaet. and the wititesms who could were absent; they were
called, but did not an,wer. Thr Prisoner was cornequemty
acquitted.
-
lMr. Justice PARK addressed him as follows : —64 Yotteemp,
ace by the calendar that yea are gnipiti seers of age; tea .
we been extremely' fortunate, mad liras the situation inviieh
1 gas have been placed will iud see you to reform yseriife lid
your conduct in future."
John Hawkins and Wen. Hon; two very yoang boys; were
capitally indicted for assaulting Louisa Haynes on the King's
highway,.aad forcibly taking from her persou a handkerchief,
containing 15s. hi &jiver, the of Nicety of her euthaed. Pie Jere
found both of them Guilty, but recommended them to mercy on .
aerosol-of their youth, one of them being but 13, sad the other
15 years of oge.
Seven were convicted of felony, viz.—J. Clarke, for stealing
hiladtkCeeterocshkihiters:Ferftsc:;y42Piteaniciall' Ible.aggeneTiptriareeefUrlitarrowstrie:relleeljEnsi.giguiBgifilcoalauclAir;"°rJl4
i'lls:'s:
peirr
rlll.ltaea.friii:ll4:4lA.C4:.
ing 211bs of treadles; sad J. Genres fur stealing a pekes*
Windkorcklet• .

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I

POLICR.

HATTON GARDldr.—Wednerday Mary Andersen, a. Tartar.
and Elisabeth, his wife, were charged by .1. Barley, a len-.
tleasalerserwant, residing at No. 50. Bridge.street, filackfrittr*,
the former with stealing, and the two latter with receiving ..s.
Watch' with seals, foiir gold cingi, and a purse coonskin's O.
in silver. The Prosecutor deposed, that about IL o'clock we
,the.pdgljtretalte 9ijaw. as hezras g • g along linswell•sircer
Anderson laid kokl pf his arm and pulled biro up a easel, aid
pressed him lojgo with her home, bin he refused; wheedler.,
treated him td aive her something to drink, which be alp
fused; all which time she kept pressing kink to hersesd
length abruptly left him. when he tnigled the above p
'Neil morning be described ber person to Thotostut, a
who apprehended her; when he watch was traced to-amps
broker's, where it had been pledged by .1. Turner, aattlefff
the seals and a handkerchief was traced to
.have bete; 0140
by Elizabeth Turner.—All the Prisoners. ere fully
J. Nicholson was brought 'before N. its imagoes,
charged on the oath of one of the Office.' of the Sociity let
Sappers ion of Mendicity, Moth eraiimitting various Wader
-gtancy in Holborn and the neighboorbood, and eisdeatawiag
to excite commiseration, by stating that he was totally widest
the means of sohsistenee. He was recognized by the Offieel
having been relit, ed by that lastitution. The • •Magistrampt•
dered him to be searched, when a considerable quantity of Are
and copper money, and provisions, were round upon his pesos
besides several of the tickets of the Society, which he bads*
thought proper to avail himself of. Under these ci
the Prisoner was ordered to be cumusitted for 14 darr:l46l:
be passed.
barom.ext.t...- Wednesday Mary Evan, of Berman/hey, ow
charged by-Margaret Gordon with assaulting her is her fen
house. and was committed io default of bail. She was aces*.
panied by a child, about 10 years of age. When MIA to
prison, a most distressing scene tank pkwe. By the roles Oft*
prison, no child is admitted with any peeing in enstrady.
an .infant at the breast, hod consequeetly a separatidaiwas
necessary. The ;roar a hild clung round the seek of its pure.
and Shrieked in an agony of de.pa.r, aid was tar}
taro away, and carried in her borne, in a perfect.vpite 11
pareszy, by an acquaintance of the mother. • ,

ta:NERAL CIRCULAR.
To THE CUSTOMERS OP RICIS4IIO Tmissac-111 da tterehtil
to give twice. you are flOl to .pay Bay further stiff) on orspo''
count to toy late Traveller. George Anon, L laving fouodit ot,
ce•.4ry be khould quit my servile.
For past awl. future favours; I and, with turnConool i.ePOtt*
your's, very• truly. KICHARU TU RAWL
Blacking blaouractory, 114. Loadoo-road,
Soodtwarli, May 11*, jll —4-401'4" .

TAR. BO Ebt II AA V E's ;€ EBILATED I. R
ALY-PILI.;. No. 1. for Bilittwei.Nertinl6.,loo,. Fey ale Prtr
iviiiiuts, price 4,6 d, per boy, wish ample directiote4 vtdeA
with black was. The Red Pill is justly es.terroed for its ash"
able and certain operatii;n; by. which it 1.0-eft„„ily rrmeWl sit
Lao:retina of obstruction of the sloceur4 and howelt,. whelk r
R front bile. indielition &wiener, or cold stcknee 111
the s.nmat h, bead itch, &e. by dislosigine acrid bile or Aker
crudities retained in the i .11traptitAl. myna. It it ect a4l lOW 1400
nod has been given with singular good effect duriog.ptcginme,72
To persons.of bit' s habits. and,those of sedentary liter. *7
are subject to paw and retentions, besol.etchs, inrgovr.
pahlinewa„ or a owns of Wirfkriltrli or oppression, this Ahlilicie
i. eminently etticulateti, being composed of the most itimf•Rl
ine.redients, had reguiring.heither confmensetit nor retltittot of
diet t for which it has outtutained for mom year!'. the hi"
lint Its reputurjutl
that 'was ever Acquired by may Meekcifis.
whatever.
. ri- Obwree, there are two kinds of Dr. Boerhanye's Reg
Pill. Those.markett tits. I, are a different compot'li"...'"
'ore .thieffy enlrolated.fut the cure of a certain iwidinut no"'
der, liavtog d mini t directisno for that complaint oily. Ir.fda
!MX being brawl/eel with the figures No, 1, or N's. r at. 'lig
bottom, nu gaistlshOgla possibly arise, if this At prfipOt ""
teiakA to.
. •o• There eaVA better or certain remedy to remove the
*.ffratilltil Oft Mt 111111 of fife, nt s. eV/Witt-peril' ^f • "li,ll.
lancossr; and debility,
*4"f "non whey Wildnutly ,rettlos,e •
itim.: to theli trk stte.l
tetid•er, wet to be de-rtibed vi prim.
Sod bedieiettloB, /trtilitt t klatma. 1.5@,41 storsl4l rent ; 51111144.1
',nil Ca?. .te Church-lard
FArhance; anal ii•,ll,.iii
to.
•

L" VON e i,nr.e-e: 'tett Pr.t,11.4,44;f•v•11i 44' I et4":_,"!.."
St E.sa{ 4 • 01 t:te. %disbar, emirs. tleti-tr "'

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