Court Of King's Bench, We...
The Times, 1824-01-15T00:00:00

Mr. GIASELEE Stated this to be an action brought by thec plaintiff, a manufactutrer of army equiipments, gainst the defendant, aColonel in'the Spanish constitutioinal service, for 1441. I1ls., the a4iount of an Rabert eymor thc pilaintiff's foreman, proved the order of goods to thec amount mientioned, and tile s-tipulation that they wverc to be paid for by a bill at fouxr mionthi s, accepted by, a AMr. Smiith. 'Ii e. Southi afterwardIs r6l'used,to endorse this bdil; but the goodls Isad att that timec beeni comnpletedl. 'The defendant'was on boar`dali`p and sah rTonsi Ramasgate, when lie was arrested at the plainitiff's suitit :unid the arnotent stied i'or deposited in thle slherifr's hands, toabidte the lisstie of this action. Wiitness had miade inquiries as to thec defend- ant', c'redit, whiich v(ere niot satisfactory to hiim. Hannah Thomson, the plaintiff's sister, proved a con,versation in her brother's shlop, between himi and iMer. Smnith, in which the latter refu%ed ta endorse the bill. M)r. SICARIETT, for the ilefence contended that ilie gunids not having be.en shipped pursuant to tie defendant's stipulation. the plainnt ivfas not enititled to recover. Hle was preparedi to prve from h litifsoncndc,frleia nbe to~ prove it us any Otr try iti ee ol aebe rpsdthat Smithl shiould enos h ul nIta h tatbtentcprties had bee brknb h litfooi.Tedtirat en ighly exaspertda h-ratethta eeie,hvn e nstpped in hiis voyage, and taken fromi on board ship, ha eovdt efend the action. Ells credit woultd be showin to be b~eyondl qUcatton, as well frop the evidence about to bs produced, as fromi the eircuiiistanice o1' his having procured the amount in dIispute.c vvh chi hc had lodigedI in the hands of the sheriffi. Mlr. Smith swas then called, who stated,tbat Thomson's foreman called upon himi in November, 1822, and iskedI hih, if he wvorkedt for a genitleman of thte namec of Alacironec. Witness repliedi he did. The lerem-an asked if that genitlemian was wrehiv of' credit. W'it- ness replied, he IIad known hita a numnber of ve~rs ; hiad none otily worked for himn, buit had been recommienided by, him to others, anld had receiverd many favours, and large sumis of' rioney in the wvay of buisiness, fromi hiim ; that witness wouild vive himi credit to ant' amnount. The foremian then told witnes's that le cam~ from Mri. Thomnson, to whom Colonel 11acirone hiad appliel for a cams p ag. an whomn he had referredl to witniess as tt hiis ~reditp1 cReu foreman expressed himself to be satislied. The sanie person csllsEd Ia second thur.e- and said there bed been a coyrain -we Mlr. Thonmson anid Colonel sMacirone abouta hilt. itr-wbicleVClid been piroposed thjat witnes's name Should be uised as a security. Witn'ss Ireplied titat he wai bound to do whatever Colonel Mlacirone should require of' hussi. The foremian came againi, bringing a paper from Mr. 'rhomeon, conitaining ani undertaking thiat lic woulid endorse a bill, whch he requested the witness to sign. Witness refused. because Colonel Mlacirone (whoiis wvitness had seen in thec interim) did net wishi him to dio a,,. Ile also Saw Mlr. rThoinson a t hiis own lhouse, whither he stent writli a referenice to other persons for thin puirpose of fuirther satisfying himn as to the defiendanit's credit. The plainitiff' requestedi witniess to etidorse the bill, and said, that tnit- ne.ss need not fear the bill's getting into circulatioii, for hie hiad a person ready to discount it, whlo wisild niot part wvithi it uintil it shouild bccomnc due. Witness decliined, because it seas not Ithe tie. fendanit's wrish ; the plaintifftlien became- angry, anid thec cons-er- sation ended. Witness called agaiis on plaintiff on the day, after the defendant keIt London, to kniowtheli name of the Person who was to Ship the dlefetidanit's goods. Plaititifrtlten gave witness the taddress of IMr. Lane, of St. Allery.at.Hill. Cros,;-exatmined by 51r. GASELEE,.-.The applicati6tna myadc by plaintiff's foremnan were in the course of four or tire days, and( liap- pene(i early in November. Thie lplaintiffdidi not tell Nvitenes-s that lie liada cccptedtlie order solely uipon the faith of' wvitniess endorsinig tlsc bill. (2. B. Fishier recollected the plaintifl' valling at the shlop of his uncle, Mr. Odlell, a gold firinge-usaker its the Btsrlington-aerade, and said lie conici in Consequecnce of'being ref'erred by Colonel Mlacirone to kniow whiether lise might tTust that gentleisiai wvithi a certain quan- tity of noods. Wlitness replied that he mighit do tso very safely. P'laintifl'said lie wvas quite satisfied, andi shouldi certainly gire hint credit. Mlr. Lane lhad voluinteer-ed Iiis services a-s Shipping agenit for Co- loniel AMacirotis. The bill in questiotn sees left withi himi iy the Cso- louid, wlso toldI hins that thec plaintiff' hiad engaged to shiip goods to Ithe ainount for whichs itwws drasn ; that they were nottliin shipped; but that wrisen they shioild be so to tile witness's satisfactioni, he migh give over thie bill t,i the plaintiffi. Plaintiff'afterwards api. plie to witisess to know whiether the Colonel lied sailed, andI by wEdiot ship, and weitzess gave himi the nansieof the ship anid the broker. Plaintiffmade this iiquiiry,toknow nrLetherlicwvas in timei to senid hi goods by the vessel. Wlitness Said lie apprehendecd lie was too late. Plaintiff'saitd if he could not Ship thsemhyv that vessel. lie should send tlheiss hby the next thiat nmiglit sail for Bilboa. Plaintiff Called the next uday, anid said lie thou-ght hecshotild he able ro send thte goods by, the Good HotFa.,, and if lie couild, lie should coisic to moe f'or die bill. Cross-examniied by Mr. GASELLg.-P'laintiff dlid InOt ask use whethier the bill wvas endlorsed. - . Mlr. GASELEE replied ; and the LoRDn CHiEF JlUSTICE hiaving stuniniedutp, thl juiry retuirned. averdlict for thelplaiitiif-Daiisages, 114 ls. tid. BJiANIsON V. tiAlttRIS. WlVhile the juiry wiere deliberating uipon thle laSt Cause, thle LoRD CtiEs' JUSTrICE, addressingq the couinsel int this cifuu?e,- saidt lie thouht t Wold e tioreadviabl tosettle it elscwliere than in- were settling, ~ ~ ~ ~ ~ adopt~ he(isc~rtgivp'i his otdbip hei proeedd tocryspecial juries, the first of )iOL5)iON V. ItOlDOWS. Mr. SCAn i.ET- Stated this to be an action for damage.s sustained by, the plaintiff; in) consequenice of defamatory reporta Spread by die decfendaunLT. he plaintifl'is the master of a large school at KCirhy- bill, near Richnsonud, in the North Riding o1' Y'orkshire. The dfe- fecndant is a earpetiter and builcder is London, wrlso had sent two of hiis sons to the plaintiff's schiool. The diefeuiuhant had been induced io enter into a scheCMe for setting up a uliscardled ushier of Mr. 1Bol- tIron's in a rival school anti to effect this pucpose lie liati gone about to the parents of the plaintiff's scholar.s, accompaniedl bv Mlr. Cadhe, the uslher, tellitig tliceui that thec boys slept in a cock. loft; thjat they lay eight in a bued, exposedI to the weather ; that their foodl was uniwholesome; that thiey were devoiured by vermiin and the itch; and adlding, that if the parentms lhal any rcgartl for thecir child)ren they wvoulit not let tdiem- stay asothser houir untder the plain- tiff'srooft Tio all this Mlr. Cade gore souse sort of conliritiation, tiot by words, bitt by, signilicaist gestures. The leansed counsel p)ro- usr oprove these facts, and to shiow thec total falsehiood of the de. =u%At allegations lie shiouldl then sliow tIme injutry wlhichs thte plaintiff liad sustainctd in consequence, andI calculated very confideist. ly tupon his client's receiving fronsi the h, iatids of' tlitjury such a re- compense as they were aIble to give iiss. IlIe then calleml John Doswell, a btutlchr, hyving at Islington, svlio said, I hiavc a soni at Mlr. Beildroti's schiool. Mlr. Widdows called uponl itic In March last, accompaisicul bv M'ir. Cadc, whoa was fosriiierly ats assist- ant in thec school. Mr. WViddows asked if I hadt as-on at thle schoo.l and uponi my. replyitig that I had, dlefendtant said,"1 If youl hiave any regard for your son, you will scudc for linii home :" lie said, tlie. boys were treatedI uore like p'igs titan Christians: tdie bread they ate seas issadle of bean flour, fit only for pigs. Thecy lbad suchi potatoes as only pigs wotild cat, and notlhing miore,Ilie said they slept eig~ht in a bed in a cock-loft, close to) the roof of the hiouse, whiichi was quite open, so that the ra%in anid snosv caine in soilt fell on tIme childreis as they) lay,; that they, lied soar isiillc to (tritik. ie said that they nev-er received anypocket-nione; that theywere eaten tip with disease, itc, ativeesi ; ist eseboy' lotse seretqken away, from theist anilchitigd. CthewasI' snt;Widowssaid Cade wvouldl eon. firmwhathe sid. ode aid othig atthis tihsse, but lie nodided assnt.Widowsrefrre alo t a rs.Brrtshfield, antd to a per- sonnaned owel. r.Ced ealei ot te foillowiig day alone. My son caine homne about a fortnighit afte ttleis he waLs iii as gooda state of health as a boy coutldpossibly be. I seist for him in con-a sequtence of thse relort. by ill rs. Bruslifield, "lto swas going down. Uross-exatindn by Ihir. G uumtyg.-I ant not now itt btasitiess I live in Catmideit-strcct, Islitigtots ;' I took hiis boy to a surgeon swoon af'ter lie caisie lionte. There was souse slighit eruiption ; the surgeon said it was not the, itch ; ttIe buy has not beets senit back-, in Come-. qucisce of' thle expense. Mrs. Bruslifield.-I had] a son in tlie pla-intiff's school ini Febrniary, last ; I sawv the defend;nt at usDA ioseicasp~msr~ 1111lwTade carnC&viih' isin ; Ade. Wliddowvs asketinm son vsa Mlr. Boldron.'s. I said, " YVes." He said, If-I hadlany rspeasct for imy child, I should take hiim away, f'or lie was iallf.steArved; lhe had abed lie-ad, mnid could not hold it up. They had tiothing to eat., but sour black bread, eiid potatoes that wvere thrown to the pigs;- thiat my, son was one of those that slept eight in a bed ; that they slept in a cock-loft, exposed to the wind and wvet, thirouigh an openi- mng in the roof." I was highly displeased at his manner of telling m-e this, aisdi askedI him wflat proot' lie had of it. Hie appealed to Mlr. Cede for eonfitissation; bist the latter declined to say, antything. Theidefendant said his; own wvord was enoughi, but lise referreA us-e to Mlrs. Fowler. Air. Doswell afterwa-rds called upoDn ue, and, in con- sequence of what lhad passed, I niade a journey, to Yorkshire. . I bsroughit hone imy own and Mr. Doaswell's boys..- I remiaiined at the schoiol three days and sawv the geiseral- state 'i'thie school,. My hsuy. was in pierfect boadiy health, and hsis head as- clean as whea lie left: home.' LIeliad beenthere thrcee yars. lwent into thiebed-reams; tue bed, in wrhichitthey slept wvas a very large highi bedstead, made to fill a space wvith twvo'beds on it ; the h'oys slept feet to fe-et-four in eachi bed. I had no objection to amyv own sois' sleeping in this wvay. The root' was perfectly whole, the wealls were white, and if thlere lied beets any damup I must hiave seen it, for the snow wvas ancle deep as I went to the house. I had given no notice ofrny coisioig. 'When I ar- rived,the children wereat dinner. TherewVetica great many. I observed they had plentyof good beef and gc-od'"potatoes- Iwenstanooler day to see theiT soVp!, it was sucli as 1 sliould wish imy own famiily to eat, During the tinie I was there I saw no cause-to object to any thing., AlU the boys seemed in gbod health, with the exception of. two,wno, having Colds, were nursed by tlle parlour-fire tvhet i~ was there.'- The boys a,1speared very happy and cheerful, no childien coulId be isore so. A v son had not the itch., I brought hiini home in Consequence of else represeneations which hadt been muade;, his father,desired me& to do so. I should have no objection to his going back. Twetity. guineas a year were paid whitl my son, for whiich he was provided wsith every thing. Croiss-examined by air. U ua-,tY._The_ bed-reams lied no ceil- ings there was no plastering. ~Mary, Anne Jeremy.-... haire to sops at MVr. Boldron's School seen MirAWiddows once. Two boys called on nme first, who said -they sent therm. The boys said my son was so eaten up with the, itch, tlat he wanted to be sent forfhome. Miyson wYas about ten years old. I asked the boy?, if they had been at school; they said, " Yes;" and I told themh their appearanCe bespoke their being very happy there. I sent the' boys away, and: the next day I saw-Mlr. Widd4-ws, who said!I was hard of belief, to behare so cos'alierly- to his two. bovas: I said their tale appeared too hmprob2ble. He said he regretied be had.not brought a piece of the breatl with 'bini which was as black as hlil bt. Ie said that Boldron was a most consummate villain, and that lie-got thb children there nlerely.for the sake nf the money. I Said I lid a good opinion *of Nr. Boidron.. The defendtiit-recommended me to go'down; he said lie'-had commenced an -action against Alr. Boldron ;'thbat it was high time the Yorkshire- kChrols were -put down, and he. :would do it'fo-t lhes. -- He- refred moe to ' irs. Fowler ih the' Hay.markei, and-told nme that another lady had been dowti, and was eo i?censed at tle treolmeiat of hez son) that she had bouglht bWim isP~efenan~gveeaJxeuof.aLTe-to con$# wbit Ite Sid br6ugtup t. M. Belron', Kiby-hil. Iwas htrefor seven. year, ad away. wel teatd wth espec-t to my Person andfoo. Te rin nd nownevr cmein upon mue. Th'e, Qther boywhe asowel-teatd.lIf. Boiro'sown sotis were in the schol, adwee trate in he~ie say.I hiave a brother ati Mr. Bolro's,whl i sx yar ol, ndwh went there in February whenI cme aay.liewentwit myapprmbation. I tbhik there were80 oyswhe I aft th nuber. had.increuued since -Mr. lioldon cmmened. Ther wasan uher, called Cade, who left 3 days after I did. I know why, he left. (Thfis question was object- ed to.) - Crnss-exaipijned by Mlr. F. POLLOCK.-I slept in an upperroerm; mnore thian halfthoc boys did so. There were three bed-rooms whiere there was nothing bujt a slate rio'dCbetween the boys and the sly.- One OfthCeIe rDooIs was a large as the other two: there was one -win. dow in each of the rooms. There were not 40 bbys sleeping in any of the reooms. There were about 14 ur IS boys blept in two beds: the mlattresses wvere of straw; tlinbeds of. feathers and chaff: there was one sheet, two blsnkets.in the winter, and a qult : the sheet was above, the blanket below. Thecbeds were very near each other. (A piece of brown bread was handed to witness.) This may have been some of the bread, buit it miust have g,rown darkei by beingliept. I iiever liatl any bread given me to eat so dArk as this. We breakft. ed on bread and milk, and ostmea.l sr.d milk. We dined on Sfin- days on YLorksliire putddings, and beef; mutton, or pork ;on Mvon- days the samie dinner cold. We had mieat three, andI sometimes four timnes in a week. We had bread and mnilk for supper. I was al- ways strong and healthy. The itch Was never at the school wvhile I was there : I assisted ini rubbing the boys with hellehore-powderand hiogs! lard. This was in the latter part7 of 1822. It was for a cuts. 'ieous-Clomip]aint, butt I1 don't believe it was the itch. This rubbing continued about-.wo or three Weeks. There wvere, I thiink, abotut 40 or 50) b6ys rubbed. I-wesst as an apprentice to a sitrgeon in April last. I don't know that liclehiQre powder is used as a cure for the itch. Thcle hellebore did not cure mne. The boy's used to comib each other somietimes under the %uperintendence ot SiJrs. Boldron. They were,not in the hiabit of catchbing vermin ; they used to comb. ea Other into a plate. I have seen one or two of the boys catch vermnin. The fleas were at one time in great abundance before the mattresses were changed. I think it was about the timh iof this cut. tan eous disease breaking out. The boys wero in thie habit of catch- ing fleas and putting them into a quill. After thle mnattresses were, changed, the fleas did not annoy US. Henry Doswell.-I was, at Mlr. Boldron's school three years. I had vary gonct victuals, a nd plenty to eat. I lsv on a mattres, with aclhafr'or feather-bed over it. I slept uip stairiT in a dry room. I was in good health,~ and -eerv comfortable. -Cross--examined By Mr. G7uana.-rYI should~like togo back again. I never had bread to' black as that:.; ir as nearly as blacit. All of us.had not formns nor desks before Mr. Widdbws came down. We had no table-cloths, eithier before or since TI don't think 201 or 30 .wiulowawerelef uniedet for weeks together. The boys whe ZYad Lno lrs used to stand. '~eplaintiff hadl -. farm, which took up as good deal of his time. Supie of the boys, who liked to do it. went ouir to collect stones and codech.grass. -Rais'oec k.-l amn an usher at Mr.Boldron's school, and have been so 18 u:onths. The bovs appeared all in good healthi. I was at thec school whien SIr. Widfdows e.iame. EHe expressed himself sa- tislird with his chjildreni's condition. Ile and Cade went out together to a public-houtse on the iortti road,-and retitroed home drunk,. On that niighit the defen dant 8 lept in plainliff's liouse. LThe witness also generally dleposed to thie hiealtli and good condition of the chil- dren. and thie whiolesomneness end sufliciency, of their food. Cross-examineeh--The cutaneous disease disappearedt in Ma1y last. I believe I diii recommeiund an application to kill vermin in the children's heads. I know I did, It was red precipitate. I don't kniow that it is poison. I don't kiiow that it is a-s oxide of uisercuryv. I don'tknow how mnany boys Used it. I stuppose four orr fivc mnighit htave used it. I wvill s'wear there wvere not 10 times as many. The boys bave hiad chilblains, which have broken and gdt well. The red precipitate was never used for tbe chiilblains. 0 n'c or tiw-o of the boy-s had a ring-worm on their heads. I never, to my knowledge,~aid that the disordter was caused by, the boys sleeping "so rank." I never believed it. I never saidI so; I belfeve the disease was occasiontd by the boys bathing when they, were heated. Thiom-as Lister.-l amr the plaintiff~'s ,ailiff; the plaintiff fattens hiis owinimeat, and kteeps cowrs. Ile feeds the school upon Isis own stock it is capital good meat. Plaintiff,when he biuys, gets the best mneat ; lai excellent potatoes. I eat them, anid lia've often dined wvith thje boys, who havec gooctappetites, and are never stinted. Three other boys, who hatd beeni at the schlool-, dleposedlta the treatmient they experieticed, and expressed their entire tatisfaction at it. Sir. (;uitvry, for the defendant, said lie was prepared with wit~ nesscs ~hdo.dwouldd prove satisifactorily the jusLification which' had been pleddt h resent, action. He trustedlhecshould satisfy the jttry, that thec defendan hiad only acted &s every parent 'would and ought to have done tinder similar circumnstances ; anid in endes- v-ouring to prevent the chiildrenl of othiers from experiencing the manie neglect and cruelty to wliceh his own sons had been expoed, hie haed ioerely obeyed the dictates of common humanity. He -hoirdd prove that all lie had said of the school was strictly trite, atid the de- plorable condlitioni of the chiidreess. lie then called Edward Tliornlesy, a stirgeon, wvho said, I wvas called in Decemn- ber to the defendant's tiw-o sois, whio hiatt the itch, anIl one of them was otherwise i. I think thmeitch was of long estariidin Z. I attended themii for about a fortnighit, whien thecy were, cured. Tilhe elder boy hiad an tulcer ini oiic of' his legs. A wvant of cheanlineassatd attention is aconmiiion cause of thecitchi. Ilattribuited thieulcer to the itch. CIn-ist,oph(,erSiems.-i was at MrlBoltdro's school ; tile numbers wvere 138id Eighit was the highest numuber that slept together in a becd; thiere were two suchi bedls ; the genieral nuniber was 3 in a bed ; sonie had 4, somec 5, somec 6, and souse 7 in a bed I have knowni the sheet to reimain tinchanged a coutple of mlouthts. Thte blanket ur.derneath was niever washed thiat I remiember. 1. liave lain on a strawimattress, withotut afeathier-bed ov-er it. I don'T emnembhrrfor -Th'M'C'F:Tl~rai an snw fve'ftn oe" in on the beds,and wve hiave -cauzht it in pails. We' hiad s'ometinies good meat ehlough, but at othters the mneals were so bad we could not, eat them. The boys lied vermin in their headts ;they used to comb one another; the mionitors uLsed to comib themn into a pewvtr-plate, and what the~ caught theythrewveither into theflire, or into the yard. I don't think therie was -one in the school who had not the itchi; it remained for weeks or mionths. Ilre had no night shiirts, and clisnged our shirts once a week. After I cattle hiomie I slept wvith SNir. linck-en's son, Who cagt the itchi of mnc. Cross-exiaminied by AlIr. SCAitLETT.-I was not one of the boys whio nsadica resistance against the master and the new usher, when thid latter tirst caine. SIr. ffincken.-I aini the guardian of the last witness; afte-r he hadl been in myi family a mnonth or 63 weeks.1 discovered that he had the itchi, which, lie commiiunicated to three ot my sons. MVr. Curtis, a siurgeon, proved tlhat Siems hiad the itch, and that witness attendedct hni. Hie could not tell from the appetarances of JoMv long stant(ling it might have been. John Little.-I took t'wo suits of clothes with me to school; one of whiceh I wore, and the .other I dlo not know whiat becameo of. I lied a sulit of' Mlr. Boldron's clothes. I used to wear mny hat on a Suinday ; the othier dlays I went witlhotit. I slept up stairs in the long garret; thiere was no ceiling; the last wvinter the snow camne in uiponi the beds thirough the roof sand the windows. The servants Pitt tuibs to c-atch thec water. I liadt the itch While I was there; I inn :no0t cLired yet; I have it in mny blood now. 'IVe had plenty- to Lt: liis was the sort of biread (liandling it) we used to hiave;- we ate the crust, and left the test on the table, because it was sour.' The milk wvassoolictimsicea sour, but gencially good. Thiere was agreat number of fleas-whien I first went doirn; they afterwards had new mattresses, and the old ones were burnt. Mrs. Little (the rilotlmir of the last witness).-I sent my son down swith two suiits of clothes, and liedl none back. He was in a pood state of health whien he came back, excepting that lie had the itch, which he gave to myv other son andLa lad -who has lived withi me two yeats ends h alf. Mr aecle pnMe. John D-ahley.-I an 4 a tSr. Boldoon's when the WVid- (lows were there.- hswtesgnrlycrooae the s.ate- mients of Lthe bther chlbywisesfrte deec,respecting thec state of tIme schol. eas a h th M r. Sial)erd.-I had a son at the plaintiff's school. He camie hnclt ecuslber twelve months, very bad with the itch, which he gavc to four others of my children. JhShephterd, the sonofrthe last witness, caught the itch attlie plaintiff's sichool. Air. Day.-l lied a son at the plainitiff's school from 1821 to 1823.. I dlesired thiat he shioimhd be sent home in consequebce of tsomeinfor.. imuation I lied received. When he came iomie, hebad thld itch, and a liole in eachi of hiis legs. lie has been-ini the hospital for six- week-s in consequtence of tIme samne disease, and has never been well since. have brouglht himn fromi the hospital to-day. Cro4s-exammued.-Ile was mp~ every. other respect apparently in good hiealth). __ feorge. Day,-tli 9no-e l~-ins Ila hitch aix Weieks be,re I left Mlr. Boldron's; there wr~re eight boys slept ill thle saieh bed withi tic. Cross-examined....ily legs swelled, andtwerelanced by the doctor about six weeks aftei I ;rent to school, anid have nevergot well since. Fredlerilck Guilt, Thonsas IViddows, and Johnf WViddows, gave evii.leice Os to their treatment, and their having contracted th, 'same clisease. The defence beinig closed, -Mr. SCAUL.g7 T replied, the LoRse Caeigr JusTiCE; summled up, end the jlurY returned a verdict a tbe~ plaisitiTf-Daniages, 1501. COURT OF KING'S BENCH, MWEDNESDAY. JAN. 14. THsOMSON V. aMAclaoR.O