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to part, must be bad as to the consulting the counsel for the whole, because patents were not plaintiff, said, that there could be matters of right, but grants de. no objection. pendant merely upon the pleasure Mr. Denman stated, that in of the crown, The consideration opening a case of extraordinary of the instrument was to be looked interest, he would occupy very at: the crown might be induced briefly the time of the court. to grant a patent to a man for Mr. Wakely, the plaintiff, a surthree inventions, which it would geon of great respectability, and have refused to him for
the son of a landholder in the of those inventions singly. county of Kent, went, in De
Mr. Justice Best doubted very cember, 1819, to live at No. 5, much, whether, upon the plaintiffs' in Argyle-street. He married in improvement in the chain cable, February, 1820; and, on that a patent could be sustained : as occasion, deemed it fit to increase to the anchor, clearly it could his insurance from 6001. to 1,2001.: not; and the patent being void as the accession of property, which to the one part, certainly became would naturally accompany such invalid as to the other.
change in a man's situation, would Mr. Scarlett said, that the de- sufficiently account for that promand for the plaintiffs' anchors ceeding. On the night of the 26th was so great, that it was impos- of August, or rather on the morn. sible to manufacture them withing of the 27th (for it was between rapidity to meet it.
one and two o'clock), a fire was The Lord Chief Justice was discovered in his dwelling. The convinced, that the invention, as flames were seen bursting from far as it could be so called, was the windows; the servants rushed highly beneficial.
naked from the house; the neighRule absolute for a new trial. bourhood was in confusion and
dismay; but Mr. Wakely himself
was no where to be found; great King's BENCH, GUILDHALL, anxiety was, as the jury would JUNE 21.
felt on his account; (Before the Lord Chief Justice for him ; and, after much unsuc
search in all quarters was made and a Special Jury.)
cessful toil, he was discovered, Wakely v. Barron and others.- drenched in blood, covered with This was an action against the dirt, with a heavy bruise upon his Hope Insurance Company upon a head, and stabs upon different policy of insurance for 1,2001. parts of his body, in the house of
Mr. Adolphus opened the his next door neighbour, Mr. pleadings.
Thomson. The friends who found A gentleman of the special the plaintiff in that situation, agijury felt himself bound to state tated, trembling, and almost unthat he was a director of the conscious of what he did, thought Royal Exchange Assurance Com- it best to put him to bed, and pany; perhaps that circumstance endeavour to restore him to his might be an objection to his serv
In bed he remained ing on the jury.
during the remainder of the The Lord Chief Justice, after night; his house in the meau
time was burned to the ground, and went down into the cellar in and his property in it destroyed. order to draw him some cider ; as Now, claiming in a court of jus. he returned up the kitchen stairs tice to recover his loss by that he received a violent blow, from fire of the 27th August, the plain. what hand he knew not; but it tiff might fairly expect to be stunned him, and he fell senseless called
upon for some account of to the ground. Awaking from himself-for some account of his stupor (how long after he what had been his situation pre- could not telì), Mr. Wakely saw vious to his being found in the fame and smoke surrounding house of Mr. Thomson. The him. He found that the house narrative of Mr. Wakely as to was on fire; and going into the that point, it was now his (Mr. back kitchen, he contrived, by Denman's) duty to lay before the standing upon a meat screen, to Court ; hé confessed it was most force his way through a skyextraordinary; but he doubted light to some leads; thence he not that it was entitled to, and climbed over a wall, and eventhat it would obtain belief. On tually made his way into the yard the night of the 26th of August, of his neighbour, Mr. Thomson. about eleven o'clock, Mr. Wake- This was Mr. Wakely's statement. ly, being troubled with an affec. From 12 o'clock, which was the tion of the eyes, ordered leeches time, as near as he could guess, to be brought that he might ap- when the stranger came, until ply them to his temples : at half two o'clock, when he was found past eleven his servant placed the in the house of Mr. Thomson, he leeches before him, and went to could give no account of himself: bed-at that time Mrs. Wakely he supposed he must have lain, was ou a visit at the house of her during that time, in a state of infather, and there was no one in sensibility. If he was asked, howArgyle-street but the plaintiff and ever, to what cause he could two servants. After the servants ascribe the mysterious visit of his were gone to bed, Mr. Wakely secret enemy, he could, upon that applied the leeches to his face, point, perhaps, furnish some clue and continued for some time to to explanation. The jury would encourage the bleeding; at length remember the execution of Thishe heard a knock at the street tlewood and his companions for door, and, on opening it, a treason. Owing to some infatuastranger appeared, who desired tion, which it was impossible to he would immediately go to Mr. account for, a report had been Ivatt's (a patient living in the spread, and generally credited, city), who was extremely ill, that Mr. Wakely was the indiviMr. 'Wakely said, that he could dual who, under a mask, had benot then leave the house, but that headed those persons; and some he would see Mr. Ivatt early in of the crowd, while witnessing the morning; the stranger said, the conflagration, had been heard that he had walked fast, that it to rejoice, that punishment had was hot weather, and that he overtaken the masked execuwished Mr. Wakely would give tioner. At all events, if the plainhim some beer. The plaintiff then tiff was unable to give a full acadmitted the man into his hall, count of all that had befallen him on the night of the fire, the jury man either deranged or intoxiwould see the improbability, nay cated. I never saw a man in such the impossibility, of his having a state before. After giving him raised that fire himself. Mr. a little wine, I requested Mr. Wakely was standing in a situa- Parker, our opposite neighbour, tion of comfort, nay, of compa- to take him over to his house; rative opulence; he was rising Mr. Parker did so. After the fast into practice and reputation, roof of No. 5 had fallen in, -the respected member of an about four in the morning, I saw honourable profession; and, so Mr. Wakely again: he was in far from having any thing to gain bed at Mr. Parker's, extremely by the destruction of his pro- languid and ill; and he showed perty, he would, even after re. me some cuts on his breast. I ceiving 1,2001. from the defend- think there were three cuts; I ants, stand in the situation of a saw no bruises. I have been in very considerable loser.
Mr. Wakely's house, in the dinThe formal proof in the case ing-room, but not in the drawingbeing admitted on the part of the room : the furniture seemed to Hope Company, Mr. Wakely's me to be the same that Mr. Archpolicy, the due notice, and other deacon Wollaston, the former documents, were put in and occupier of the house, had sold read.
to Mr. Wakely Mr. George Thomson was Cross-examined by Mr. Gurthen called, and examined by ney.—The first alarm was at 20 Mr. Curwood.-The witness said minutes before two on Sunday -I live in Argyle-street, next morning; not before one. door to the plaintiff; his house [A model of Mr. Wakely's (No. 5) is my freehold. On the house, in Argyll-street, was then morning of the 27th of August, placed upon the table.] just before one o'clock, we were Mr. S. Parker.--I live at 34, alarmed by a knocking at all the Argyle-street, nearly_opposite doors in the street: I jumped up, the plaintiff's house. The first I looked out of a back window, saw of the fire was, that the and found the house next door fames were rushing from the on fire. The flames rushed out front parlour windows. I went of the back parlour window, and to the assistance of Mr. Thomson, lighted up the yard; I ran down the last witness. I did not see into Argyle-street, and found the Mr. Wakely until Mr. Thomson street-door of No. 5 open, and gave him to my care.
He then the house passage in a blaze. seemed almost deranged: his About three quarters of an hour face was bloody, his hands coafter it was that I first saw Mr. vered with dirt, he was much agiWakely. He was then in the tated, and his whole body was in passage of my house; I do not profuse perspiration ; blood from know how he came there; I had his ear had trickled down his been in and out, removing my face. I put him to bed at my plate, &c. Mr. Wakely, when I house; he vomited extremely in saw him, was covered with dirt going up stairs. As we crossed and blood ; his clothes were wet, the street a thief seized Mr. and he had the appearance of a Wakely's watch; Mr. Wakely
seized him, and gave him into the His eyes seemed much affected, charge of an officer; he then and he said he was going to put sunk down exhausted. I looked leeches to them. I wished him at his body ; it was much bruised, to come to see my daughter, and he had been stabbed in three who was ill; he said he was himplaces. He repeated constantly self ill, and that he would come
I safe ?” He drank water in the morning; he asked me to greedily in my house. I never sup; I declined. I reached my saw Mr. Wakely before the night house, 294, Oxford-street, a few of the fire.
minutes before 11 o'clock. Cross-examined by Mr. Gur- Daniel Wicher. I was servant ney.- Dr. Luke attended him at to Mr. Wakely. On the night of my house : his clothes remained the fire I went to bed about half some time at my house: Mr. past 11: my wife, myself, and Thomson, jun. at last took them Mr. Wakely were in the house. away.
My wife and I went to bed, leavMr. J. Thomson, jun.—I am ing my master in the back parlour, the son of Mr. George Thomson, going to put leeches to his face. and live with him. On being I was first alarmed by a knocking alarmed I ran down into the at the door and a springing of street. Mr. Wakely's door was rattles. I think it must have open, and the lamplighter had a been about one o'clock. When ladder up to the first floor win. I came down stairs, I saw the dow. I searched for Mr. Wakely, flame bursting from a partition and asked if he was safe: the between the two parlour doors neighbours said Mrs. Wakely was into the passage. My wife came safe, but they thought Mr. down before me. I looked for Wakely was burned. I went to my master: I made an attempt the windows at the top of my at both parlours, but could own house, and called him loudly; not get near them for the fire. but there was no answer. Be- The first I saw of my master was tween three and four o'clock I at Mr. Parker's, about six in the first saw Mr. Wakely, at Mr. morning. I went to live with Parker's house. He was languid Mr. Wakely on the 5th Decemand spoke little.
ber, 1819; just before his marCross-examined by Mr. Pol- riage. A little new furniture lock.—I was before the magis. came home at the time of his trate, Mr. Farren. The dressing marriage. The house was pretty coat and waistcoat worn by Mr. well furnished, but not handWakely were produced at that somely. My master paid regu. time; "the examination was at larly every man his own. Mr. Parker's house. My father Cross-examined by Mr. Marsleeps on the first floor of our ryat.-My master had bought house; a female servant sleeps in the most of his furniture from a back room on the ground floor ; Archdeacon Wollaston. The new my father's window looks into furniture, which came at his marMr. Wakely's yard.
riage, was a sofa table and two Mr. Wm. Gardner said, I was card tables, and
other at Mr. Wakely's house about ten things that came from a Mr. o'clock on the night of the fire. Ashelford. I slept in the front
garret of my master's house. I brought some furniture of his asked my master, before I went own into the house. I furnished to bed, if I should sit up with goods to the amount of 80/.; him; he said not. On the alarm they were not paid for at the being given, I went to my master's time of the fire: they are paid bed-room, which was the back for now. I valued the things in garret : he was not there. I had the inventory presented to the been asleep when the alarm was office. I valued three rose-wood given.
tables in that inventory at 271. Sarah Wicher.-I am wife to Mr. Gurney.-They are chargthe last witness, and lived with ed, my lord, in the maker's bill Mr. Wakely. The house was extremely well furnished. А Cross-examination resumed. great deal of new goods came My inventory for the office was in at Mr. Wakely's marriage. made after the fire ; and of course There was a great quantity of from memory. linen of every kind, and very
Samuel Malison.--I was forgood. Mrs. Wakely's apparel merly a surgeon and apothecary, was handsome and abundant. All in Mill-street, Hanover-square. bills were paid weekly or monthly. At the latter end of the year As soon as I was alarmed, I ran 1818, I sold my business and down stairs, and cried “ fire!" stock to the plaintiff. My houseThe street door was not locked; hold goods were charged at 401. ; when I took hold of the lock it 4001. was given for drugs and opened at once; it was a catch goodwill. The gross returns of lock, and the door might be shut my business were 6001. a-year. from the outside.
Mr. Wakely re-sold the business Joseph Ashelford.-I am an which he bought of me, to a genupholsterer. I have known Mr. tleman named Comley. Wakely since 1816. I knew his Mr. Archdeacon Wollaston. house in Argyle-street: it was I lived at 5, Argyle-street, and well furnished, but not in the let that house to Mr. Wakely. I modern style. I believe that the sold my furniture for 3001. to house contained the furniture Mr. Wakely, and gave him the mentioned in the inventory deli- fixtures into the bargain. I vered to the Hope office. "I fur- dined with the plaintiff after his nished goods to the amount of marriage, and saw that he had 80l. or 901. over and above the plate; additions had been made furniture taken from Archdeacon to the furniture. Wollaston. In December 1819, Cross examined by Mr. MarI saw the Archdeacon's furniture, ryat. – The price of the furniture and valued it: my estimate did between Mr. Wakely and myself not include fixtures.
was fixed by an upholsterer Cross-examined by Mr. Gur- named Finar. Mr. Wakely did ney.- I gave my opinion as to not care to purchase the lease the value of the things taken from me; and he paid me an adfrom Archdeacon Wollaston: I vanced rent of 401. per annum took them to be worth from 5001. for the house on that account.
6001. Mr. Wakely bought Mr. Wm. Green.-I am an them for 3001.; he afterwards apothecary at Whitechapel, and