[list-cumbria] Carlisle Patriot, 04 Sep 1824 - Westmorland Assizes (7)

[petra.mitchinson at doctors.org.uk]

Saturday 04 Sep 1824   (p. 4, col. 1-6)
 
(WESTMORLAND ASSIZES: CONTINUED.) 
 
[continued] 
 
LOUGH v. WARREN. 
 
The litigants in this cause were the proprietor of the Kendal Chronicle, and
"the most distinguished character of the age," the manufacturer of that
brilliant jet the fame of which is written against every wall in the three
kingdoms. 
 
Mr. WIGHTMAN said the action was brought to recover certain monies due to
the plaintiff from the defendant, for the publication of sundry
advertisements in the Westmorland Advertiser and Kendal Chronicle. 
 
Mr. BROUGHAM.—The defendant in this case, Gentlemen of the Jury, is no less
a personage than the inventor of that wonderful patent blacking of which
every one ought to have heard—the most celebrated composition that this
world ever produced—to know it not is to know nothing. Mr. WARREN, having
filled all the rest of the Globe with the brilliancy of his fame—having
illuminated with his great name all the other habitable parts of the earth,
and perhaps the unhabitable parts of it likewise, he determined to spread
the knowledge of his great name in Westmorland, which was alone wanting to
complete his triumphs over the human race—the boots and shoes of mankind. (A
laugh.) For this purpose he very wisely sought the assistance of the
plaintiff's newspaper, the Westmorland Advertiser, a most respectable and
extensively-circulated journal printed at Kendal, as the jury knew, and read
by every one who had any desire of being informed of the affairs of this
world! Mr. LOUGH, Gentlemen, without pretending to rival the fame of the
defendant, is, nevertheless, in one sense, a rival; for he, too, deals in
blacking—to put upon his types, and not upon his boots. His blacking is not
perhaps so brilliant as the defendant's, but it is certainly more useful,
inasmuch as LOUGH illuminates the heads of the human race, while WARREN
polishes their feet only.* (Laughter.) Wishing to take advantage of the
ample means of publicity furnished by the plaintiff's paper, Mr. WARREN
calls upon him while in Kendal, and orders him to insert his advertisements
once a fortnight for a specific time. In consideration of giving a
continuous order, the defendant had his advertisement published much cheaper
than ordinary persons, for he paid 5s. 6d. only for what others were charged
8s. Now when you, gentlemen, are informed that out of 5s. 6d., the plaintiff
has paid 3s. 6d. duty, having only 2s. for his own trouble and profit, you
will at once perceive that he cannot afford to lose any part of his
demand.—Mr. BROUGHAM went on to say that after the order sent by Mr. WARREN
had expired, a fresh one was given by his traveller, and a bill was thus run
up to a considerable amount. The account was sent in; Mr. WARREN refused to
liquidate more than he had himself ordered; but after some demur and
correspondence, he had agreed to pay £7 3s., and the proper authority was
obtained from the Lord Chief-Justice ABBOTT to stop proceedings at law on
payment of that sum and certain costs; but after all this, he had gone from
his agreement, and brought the cause into this Court. Some money had been
paid on account at the time of ordering the advertisements; the unsatisfied
demand was £11, and for that sum he had no doubt the Jury would give a
verdict as soon as the facts of the case were laid before them, teaching Mr.
WARREN, that, whatever might be his fame—whatever homage mankind in general
may be disposed to pay him on account of his many shining qualities, yet he
was answerable to the laws of the land, and would be compelled to bow his
elevated head to their authority. 
 
Thomas WALKER sworn.—Mr. LOUGH is the proprietor of the Westmorland
Advertiser and Kendal Chronicle. Advertisements of Mr. WARREN's blacking are
inserted in the papers which I now hold in my hands; they appeared in 41
numbers, commencing December 30, 1820. I have also here some devices sent
with them by the defendant. 
 
Mr. BROUGHAM.—With especial injunctions not to let any one else have the
benefit of them. They are very elegant productions. Among others there is
the celebrated one of a cat shaving himself in a boot. (Much laughter.) 
 
WALKER was cross-examined by Mr. SCARLETT, who conducted the defendant's
case.—I believe that Mr. LOUGH is the only proprietor of the paper; I can
say no further. I assist him. He keeps a public-house. I know a person named
COULTHARD; he is a young man lately resident in Kendal, and was in LOUGH's
service, which he quitted in June last—he was Editor of the paper. I did not
succeed him. I came into Mr. LOUGH's service in 1816. To manage the paper,
or to manage the bar, which was it? To assist on the paper. 
 
A letter was handed to the witness, and he stated it to be in COULTHARD's
hand-writing. 
 
James BENNETT sworn. (This witness was far advanced in intoxication, though
it wanted more than an hour of noon.)—I am a grocer in Kendal, and have
dealt with the defendant for blacking. (A paper shewn.) This is his
hand-writing. Mr. WARREN occasionally comes himself, and at other times
employs a traveller. I know many of his travellers, and among them one
called SHRIEVE. I have seen SHRIEVE on business; and have had a good horn
with him! (A laugh.) 
 
By Mr. SCARLETT.—A horn of what, of Blacking?—No, of drink, and at a good
many places; but I don't recollect if we had any at Mr. LOUGH's.—You have
had some this morning, I believe? Yes.—I can't say we ever had any at
LOUGH's but I wouldn't swear we had not. I never saw him drunk; but I
believe he would take pretty freely. (A laugh.) He is not at all sparing, as
well as myself, either in drinking or talking (Laughter). He said it costs
WARREN £10,000 a year in advertising, bad debts, and one thing and the
other. He was sober when he said that. I never saw him drunk: I could have
put him a bit in that way, but I was not then inclined (Laughter). He would
give plenty of credit; lots of that.—Do you know Mr. WARREN? Yes, and you
too. I have been in Lancashire, and know some of your acquaintances, Thomas
DEWHURST, and (he mentioned two other names which escaped us.)—Mr. SCARLETT
(angrily): What are you, Sir? Witness: A man!—Were you ever inside the
prison just by? No.—Should you like to go there? I should like to go home! I
should not like to be there, especially with you! 
 
Mr. SCARLETT.—Then, Sir, you had better behave with more propriety, and let
us have less of your impertinence—keep that till you get with some of your
companions over another horn. 
 
Mr. Justice BAYLEY interfered, and admonished the witness to be more
decorous, under pain of committal. 
 
Mr. BENNETT then answered Mr. SCARLETT's questions in a soberer tone:—I have
been in business in Kendal seven years. I have drank a glass with WARREN in
LOUGH's house. I do mean to say that the paper shewn me contains Mr.
WARREN's own writing. 
 
Mr. BROUGHAM put in Mr. WARREN's written order, dated May 15, 1820,
requiring Mr. LOUGH to insert his advertisements 20 times, once a fortnight,
at 5s. 6d. each insertion, omitting former orders, and adding new agents,
whose names were mentioned. (This is merely a circular, except as to price.)

 
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* A wag dissented—he said, both polished understandings. 
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[to be continued] 
 
 
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