Star. — London, England, 1823-11-21 00:00:00

r wiil re gti fr e. after sinit t i nt have allotted r to entering niY be sorry. ration should our studies e.condmetet 6 in their 'insulted wig by addressia. mal and eIZ luesstionala i that we ,1 24 4 rermanentlf merely e method w thouo. pectatfirc, sight irlssonw a conce i t e t is animating becom e inence many. Ice; hat it i s th the strains practice you li a youthful sympathies ve think thin i will not be rf.found still.. ras occa,ion. which were hcm he was itioit." increase: 80 in ten d a y s. in the play. ram, Surrey. Hs. Silddenir !ilea! as•lst• ON and Mr. ery, ar.d re. re.; e WA, WINGFICLD. him to tin- Ivanisrn, ac our months. In this time , and is now 18 months boy's name a dentin !ar Cosham, of W. PAD. I dispatched I assi.tance. e respective the inhabl e farm was th town en del artntent, ranee could eature. that :ks that had ili k ,ed to be hand to the !ct, Officers ei e seen •e now had four large brick sta. destroyed. ig the ricks inevitable. little rem .omplished dui ing the le short of One of the have the above fire ration Nets n, the 76 are to un !iy, new in waled (we hat for an t was per it, ofshort rletely de. lat on his -st step of arts, and a portion the left detached fasma I was then of his for the fore hich was to in its e shape ation by placed a com- ye pies= re intro rils;amk, as made lent wit ettltire . . $ ‘F lastee. P tiged te'.. ' t atting , mstatcer 'AVERS; inhoeit. 21. s d of itir die ' imiiolol o e Pdeslett toe frade • _5 tide 10106' ~. HERTFORD JAIL. GILL'S HILL COTTAGE. _ me 094 r to '*yll4 We stated yesterday, that late on Tuesday the High Sheriff of the county. of Hertford drove into the towp, od v i s i te d t he jail, where he bad an immediate inter view w i t h some of the visiting Magistrates. Sometime a f t er, the High Sheriff repaired-to the apartment where p a nel' is confined, and in which the prisoner was con ovine pr i va tely with his solicitor, Mr. Jay. The High m er a, with great politeness and humanity, tendered his services to the .prisoner, and expressed to Mr. Jay h i s ow n personal desire, that the utmost facilities con assent with his official duty should be allowed to the w ihitors. Thurtell thanked . the High Sheriff, and said, that a ll be desired was to be allowed to see them. In the course of the evening, Mr. Jay waited, by in vitation, upon the High Sherd, who repeated hi s d es i re le reco mmend a conMiance with the request which w as K iss ed to Mr. Fenton by the Magistrates on Saturday, sa d to interpose in such a manner as would render un ,ecessary all further legal efforts to attain that object. w h il e IJr, Jay and the HO) Sheriff were in conversa %ion, anaccount arrived, that a mandamus had been is wed f r om the Court of King's Bench in the course of that d a y (Wednesday), and was to be forthwith trans tinted to the Sheriff's office. It w as-stated yesterday, that the High Sheriff did not i nte nd to indorse any return upon the writ, and by this tacit anent to its order, to admit the application of Mr. R am , which was resisted by the Magistrates on Sa tladgi. Ar. Fenton, however, who at rived in Hertford morning, at ten o'clock, was the bearer of th e yestfrd4Y writ, anti felt it to be his duty to serve copies of it. A complete alteration had, however, within a short time, taken place in the disposition to refuse admission to Mr. R o ma, and that Gentleman was yesterday admitted to see Thula, as one of his Solicitors. Saturday, it is intended that the whole of the depo ritions lot the prosecution shall be read over to Thurtell, and the several witnesses who speak to his identity are to have an opportunity of seeing the prisoner, for the more full verification of their respective depositions.. The demeanour of Thurtell, in his interview with Mr. Fenton, was cool, collected, and unembarrassed, and his communications or irtstructions for his defence are said to be extremely voluminous. Mr. Chitty and Mr. An drews are the Counsel said to be retained for Thurtell. A King's Counsel is also spoken of by a special retainers Air. Hewett, a Solicitor on the part of the assignees of Thomas Thur tell, accompanied by another Gentle- man, arrived at Hertford yesterday, for the purpose of obtaining an interview in the gaol with John Thurtell, upon the subject of the insurance case, and to obain an sifi.iavit from the latter, it is supposed, in contradiction to Hunt's, which Mr. Barber Beaumont procured when he visited the prison. Altar a short consultation upon the subject of the admission, the Under-Sheriff gave an order for that purpose, which was obeyed by the gaoler. He had in consequence a conference with John Thurtell, and we understand depositions upon the insurance case were taken in the prison. —The demeanour of the pri soners has suffered very little alteration. Yesterday Hunt changed his last sovereign, and Probert received at the same time from Thurtell the uncomfortable intimation, that he could not afford to pay any longer for his support. No person having as yet offered any professional assistance in behalf of Pro. ben, a gentleman addressed Mr. Jay in the prison, while he was proceeding to visit Thurtell, and asked whether it was inconsistent with his arrangements, or improper, for him to undertake that prisoner's defence? Mr. Jay replied, that as he was deputed solely to act for John Thurtell, he could not extend his professional aid to any of the other prisoners. After the arrest of Probert, the person from whom be rented the cottage (we believe Mr. Heward) put in I distress for rent, and immediately after, the High Sheriff put in an execution for £1,500, and satiAed the landlord's claim for a half-year's rent. The landlord, however, applied to Probert, when he was brought up forfurther examination before the Magistrates, and re marked - to him that there was no use in keeping the key for the remainder of his (Probert's) term, which would not expire until next year, and Probert gave it up to the landlord, who immediately took possession of the premises.—lt is said that a legal contest is likely to arise between the Sheriff and the landlord. respecting The receipt by the latter of the money for visitors, which amounted to a smart sum, that appearing at present to be the only fund from which the Sheriff's execution is likely to derive any return. CAPTAIN COOK.—The widow of this celebrated cir cumnavigator is now residing at Clapham ; she is at a very advanced age, having survived her husband 44 years, and is in the possession of all her faculties. A tradesman in Liverpool, who kept a donkey,which was a particular favourite, admitted it as an occasional visitor into his kitchen. On Monday last a letter, sup posed to ccr.tain a bill for fifty pounds, was left upon the table, which soon disappeared: the poor donkey was suspected of being the thief, was summarily exe cuted, and ocular demonstration Made of his having swallowed. it, but not a vestige of either letter or bill, excepting the seal, was found in the donkey's stomach. A tale of severe suffering at sea is related in a letter received yesterday horn Falmouth, dated the 18th inst. An American brig sword the Ardent. of Hinton, was wrecked on the 2fich of. September on her return from a whaling voyage. The vessel remained aground till the 25th of the following month, at which periodic' situ ation was discovered, and succour. afforded, by she Lord Sidmouth -packet, then on her voyage from New York to Falmouth. During the whole of that tune, the unfortunate crew of the Ardent had little food or water, and no shelter whatever. from the inclemency of the weather. They were originally 14 in number, but of them, when taken up by the Lord Sidmouth, nine had (Ned from their sufferings; and of the remaining.ave one of them, the mate , died soon after being taken on board the packet.: The survivors arrived at Falmouth on Tuesday'by the.LOtd Sidmouth, in a state of extreme tnimustion and debility. Dore ST Futneraio..—At the auction of Mr. Wood, of trial, Past, Salop, on Monday se'nnight, two but chers quarrelled and fought. After a few rounds, Tone of the combaxits received a blow which terminated his existence soon after. INCRIASIL—One of Abe overseers and the vestry clerk of the parish of Hounslow-v.lmq before the sitting Magistrates at liattonGarOen, yestirday, with ♦ young man in their custody, on a Charge of bas. tardy, as being the father of twin children, born in their workhouse, on the 6th of this mouth ; on whieh day ) they Stated , that three other women were delivered in the acme workhouse, each of twin children; being au incitese to the parish of eight children in woe day, althpugh there was notw woman delivered of twins in their 2soo* the last telve months before. THE ARMY. A report bas been very generally circulated among the Military at home, that the Army, in comequence of the great addition to the force recently in the West Indies, win be augmented ten thousand men, but whether by additional battalions or regiments, is not said. NAVAL L TELLIGENCE. The ship Triton. Cant, from Leith to Van Diemen's Land, ar rived at Teneriffe on the 19th of October, and proceeded on her voyage on the 12th, all well. The Louise, HAGAN from Leith to Stettin, was lost on the 29tb ult. on Lessoe---crew saved. The Enloe, Capt. Joust Lavrazucx, C.& sailed from Havannah, for Barbadoes, eight days before the Puarroz, and escorted a convoy through the Gulp's, three of which ships, viz. the Britannia, Post humous, and George Bickerton, the Paarrox came up with and spoke in lat. 33.44. N. long. 64.38. W. The ships communicated that they had, after clearing the Golph, experienced the tail of a hurricane, in which they were all in imminentdanger and separated. It is likely that most of the ships have put into New York. The PHarrou had a most tempestuous passage home, in which all her topsails repeatedly blew out of the bolt rope. She was obliged to put into St. Michael's to refit, where she learnt that Lord Comt ism': was cruising of the Western Islands, in the Don Pedro, 78, Capt. Canary, and had taken a number of Portuguese prizes. Fatwourat, Nov. 10.—Wind S.W.—Arrived the Dove, DOCKER* from Bilboa in ten days ; Kattern, Bointsvou, from Denia—sailed the Ist of October. Off the port, Ann, Wnressoaz, from Antigua. Ptes:orris, Nov. 19.—Wind S.S. W.—Sailed the Skylark and Smyrna, for London ; and Contest, COULSON, for Shields. Off the Port, the Dlulgrave Castle, Haunt, from the Maoridue—failed the 28th July.• Pownstotrrn, Nov. 20. Wind &W.— Arrived the Harriet' Cram, firm the Downs for Sierra Leone. Sailed for London, the David Walter, Olive Branch, Four Friends, Marianne, and Olive; and the Pomona and Hero, for Hull. DIAL, Nov. W.—Wind W.—.. Passed by, the Union yacht, with the Harbbur-Naster of Ramsgate, from accompanying Sir Witxram Corns dovin the Channel. Arrived the Netherlands sloop of war Courier, from Flushing for the Mediterranean ; Dart, Duac, from the Westward ; Underwood, RZMINGTON, from Demerara ; and Roar, AICZN, from Oporto. Aasivars—At Bahia, the Malta, Wissett ; Meridian, Salisbury;' Royal Sam, --, from Liverpool; Swiftsure, Caddy, from Lon. don; Albion, —, from Cette ; Fanny, Irvine, from Gibraltar ;1 Elisabeth, Mordaunt. from Buenos Ayres; and Janie, Gibson, from Liverpool. At Ham, Constance, —, from Pernambuco; Donde, Dolor, from London; and Aid, Leslie, from Riga. At Halifax, Aurora, Hallett; and Industry, —, from London; Lord Wellington, —, from Liverpool ; Arid, Allen, from Lis ben; Ida, Wilson • Amelia, Marshall; Queen, Nicola ; Peggy, Re signed ; and the Lowland Lass, RN" Jamaica; Cherub, Cock* from Tobago ; Lune, Freeman, from Dominica ; and Ju lian, Collier, from &. Kitt's. At Genoa, Made, hem Buenos Apes; and Susannah, Maley, from Paraiba. At Leg horn, &oasts. Gilbert, from Labrador • David, Hancock ; and the Harmony, Stevens, from Newfoundland. At Gibraltar, Sce, Nerfor, from London ; and the New D. Aram packet, Trinidad. At Cadiz, Britantda, Strange, from Newfoundland. At lleßeche Auguste,—, from Guadaloupe. LAW INTELLIGENCE COURT OF CHANCERY, NOVEMBER so COVENT-GARDEN THEATRE. CONS? V. HARRIS AND °TRIERS. Mr. HART resumed this motion, which stood over since before the vacation. His Lordship then stated, that the case of a Theatre, when it is brought into Court, must be considered as any other partnership pro- perty, although such treatment, on the part of the Court, almost always ended in the total destruction of the concern, and often to the great inconvenience of all the parties interested, and after pointing out some difficul ties, recommended that the parties should consider whether or not they could come to an amicable arrange, ment among themselves. The Learned Counsel, how ever, this day was instructed to pray for the judgment of the Court: In doing so, he would not trouble the Court with going into the statement made before the vacation, respecting the plaintiff having written a letter to the defendants, requesting to be paid some money out of the present income of the Theatre, because no such meaning was ever intended to have been conveyed in tbe tenour of the letter. His Lordship had intimated that no pa i rtner could prevent another partner from a fair and proper interference in the management of the concern ; but, if a pattner of his own accord withdrew I himself from that fair interference, and then came here to complain, the Court could not grant him relief. The Learned Counsel felt the weight of this observation, but the question was, whether such a position arose in this particular case? and his duty was humbly to submit that' ' no such position arose. The gravamen of the case was, that the deed entered into in March, in the year 1822, be tween Messrs. Harris, Willett, Forbes, and Kemble, was in fact, a deed entered into for the express purpose of excluding the plaintiff from all interest and interference in the Theatre, and thereby' (Mr. HART argued) them-1 selves destroyed the original partnership that existed between the plaintiff and the defendants. Indeed, in that very deed, Messrs. Willett, Forbes, and Kemble, covenanted to indemnify Mr. Harris against any injury , he might sustain from' Mr. Const, provided he entered. into the then proposed arrangement, which he did, and which, the Learned Counsel trusted, would induce the Court to pronounce judgment in favour of his client. Mr. HIALD, and a few other Gentlemen, made a few remarks on the other side. His 1401UPIIIP thought an important question would have to be decided by looking at the instruments granted by . the King's Patentee conveying shares to the different parties; namely, whether the owners had a right to assign, from time to time, their shares to others, and whetheethey bad been in the habit of doing so, without having been found fault with ? If the case was to stand on the deed that had been so much discussed, the incli nation of hit Lordship's opinion was, that the applica tion founded on the objections "taken to the contents of that deed, was not tenable; but he would take the affi davits, and after reading them carefully over; pronounce his judgment, unless the parties could yet come to some arrangement between themselves, so as to prevent the necessity of the Court interfering in any way. VICRXHANCRLLOR'S COURT, N0V.90. navarr t 7. DANIZL WHITTLE lIARVSY. Mr. HIALD said, this was a bill filed by the plaintiff in order to obtain from hit Honour an order, restrain log the defendant from all further proceedings in an action commenced by him against the former for the recovery of a sum of money, alleged to be due by him to the defendant ; and also, that the accounts between the parties might be referred to the Master. In this case the circumstances were these: In the year 1817, the plaintiff, who was then a minor, applied.to Mr. Harvey fur some pecuniary assistance, and accordingly it was agreed that he should grant him an annuity of 3001. a year, payable monthly. Os receiving professional ad vice, Mr. Rerett reduced the annum to 1501. This was paid during three years, and in 1821,, when the ! plaintiff was of age, a meeting. took plate between the parties. At that date a settlement took plate, and an , instrecannt wat drawn up, with a blank left for the amount of the sum due from Mr. Revett4 This was afterwards filled by the figures denoting the seas of 121 a. This, it was stated, was filled up by Mr. Harvey t the true amount only being about MI. The abject of this application was, therefore, to induce the Court to direct the cancelling of that instrument, and that the Master might examine the accounts as they then stood, and make his report as to their real state. Mr. Hoene, on the other sidgcread the answer of Mr. Harvey, in which it was for that nu original' agreement had taken place fo r and that the sons always proposed was 1501. He had advanced Mr. Revett a sum of 12001. besides the annuity ; the deed which the plaintiff mentioned in the bill had been filled up by the Gentleman himself, and not even in the•pre sence of Mr. Harvey. In proof of this, the affidavits of *veral clerks were produced, which stated, that the figures 12151. were more like those of the plaintiff than those of the defendant. Besides this, he bad advanced Mr. Revett a sum of five hundred pounds since that in strument had been drawn up. 'As to the demand of cancelling the instrument, if that request were to be complied with by the Court, Mr. Harvey would' be deprived of the means of enforcing his just claim; for he had given up the vouchers for the duff rent sums ad. vanced by him, at the time the settlement of the ac counts had taken place; it also stated, that the sum of 1215/. was not sufficient to cover his demand. The Vtce•Cumacattott.—l am of opinion that ought to grant the prayer of this bill. Mr. Harvey re torts the accusation of filling up .the bill with 12151. upon Mr. Revett. Now, he should have known, as a professional man, that it was most improper to allow a young man, like this, to fill it up, without having some witness present on his part. On That ground I shall direct the instrument to be cancelled. Mr. Harvey also states, that he has given up his vouchers, and, by - that means, will be unablesn obtain the liquidation of his debt. This he also knew he should not have done; but, if the debts are well founded, there is no doubt that he will be able to prove them before the Master. On that point, I am also disposed to direct the Master to ex amine the accounts. On the subject of costs, I must, however, say, that as Mr. Revett has charged Mr. Harvey with having filled up this instrument with the 12151. and has produced no proof of his assertion. I think that, though be has a right to claim the fulfilment of his prayer, by the Court, yet I consider it my duty to direct, that it be without costs. COURT OF XING'S MiNCII, FrOVEMBRR 20. THE ICING V. OMER •SRARAK. This defendant was - brought up to receive the judge meat of the Court, having been convicted on the Oa. ford Circuit of assaulting an excise officer in the execo tion of his duty.—Counsel addressed the Court in miti gation, and the SoLICITOR.GANARAL in aggravation. The Court sentenced the defendant to be imprisoned one month in Monmouth Jail. TIM LING v. D. W. MARVA?, no. AND JOHN chaemair. The ArroIINZY-GeNtRAL prayed the . judgment of the Court upon the defendants, who were found Guilty' at the London Sittings after last Term, of a libel (which appeared in the Sunday Times of 9th February, 1823) son his present Majesty. The Crime JUsTICe having read his report of the trial, Several affidavits were put. in on behalf the defend.. ants. The first affidavit was that of the defendant, John Chapman, who swore that up to and before the year 1818, he farmed on his own account between fifty and sixty acres of land in the County of Essex, but the de preciatkm of 'agricultural produce compelled him, in 1816, to give up his farm, and for the following year be, his wife, and child, were supported by the bonnty of his friends. In the year 1818, being completely destitute, he applied to the other defendant, who bad known him in better times. Mr. Harvey immedi. ately took the deponent's son (a lad 13 years of age) into his house, and got this deponent employment at $O5. per week with Mr. Hall, of Lower Thames-street. Mr. Harvey having been disappointed in going to the Bar, had no more occasion for the services of the de fendant's son, whom he intended to be his clerk. When Mr. Harvey became the proprietor of the Sunday 7 tares, be offered the defendant s son the situation of publisher, 'at.lss. per week, upon the deponent's entering his name at Somerset House , as printer, his son being then a minor. The deponent further swore, that he never was in the Sunday limes printing office—that he never wrote the libel which was the subject of this prosecution...that be never saw it composed, and that his whole subsistence was derived from his weekly wages. The nest affidavit was that of Wm. John Hall, pro prietor of the Custom-11044e and Wool geys, who swore that from July, 1820, to August last the defend ant Chapman was a superinteadant of deponent's wharfs; that he behaved himself soberly and diligently in the deponent's service, and that the deponent very much re gretted having lost such a servant. The next affidavit was that of Luke Elrod, the Ma- Roger of the Sunday limes. He swore that be was well acquainted with the hand : writing of the defendant, Mr. Harvey ; that he remembered the manuscript of the libel, the subject of the prosecution, and that it was not in Mr. Harvey's hand-writing ; he was employed as printer of the Sunday Times, and he never saw the de fendant Chapman at the printing-office of that Paper; that it was the practice of the office to put the latest article which arrived under the head of " Latest Intel ligence," without any reference to the import of the ar ticle; that he remembered, the arrivarof the manuscript of the libel at the office, and it being a very late hour he was obliged to cut it up into different parts to be distributed among the compositors. The affidavit of Wm. Soffe, the reader of the Sunday Times, was next put in. He swore that he remembered having read, in various pieces, the manuscript of the libel : that he was acquainted with the hand-writing of Mr. Harvey; that this manuscript was not in his 'hand writing; and that he had since made diligent search for the manuscript, but could not find it. Mr. D. W. Harvey's affidavit was next read.—lt stated, that in January last be became proprietor of The '&oldey Times, partly to secure to himself the payment of a certain sum of money, and partly because the po litical principles of that Paper were in unison with his owe; and in the expectation that by the exercise of his talents in conducting that Paper he might be able tit procure for himself an honourable support, which hii iSsappointments in being, shut out from the Bar reef . dered it the mere necessary for him to seek ; that, eider to be called, to the Bar,' he had for two yeap be pre bad his name struck off the Roll of Attornies, Ana thereby sa , aificed a practice of about 2,5001. per . aian; that these diiappoinfmentslLiYing made great idroidkr tipon has pecursiar.ftnearis, and having no heredo ) foftune, *Ai obliged - to look for some active e. - ment,,a4ad ac.cordinik. embraced • UT: beaming ropillort Th e Sway* Tines. In con. ductuig a aewijograr i :Wit well known ;hat many pas" ions alum be id inky theprof?rietor, and some allowance mast bovaatitt for the anxiety of a proprietor to get the earliest infotaradon. Below thepublicatioo of the article prosecuted by his Majesty's Attorney -Git• floral. the Daily Landau&'eta was speaking out pointedly as to the state of hisillloOsty's health, and The &ado, Tina did not allude .to the rumours until the propric. War that linger silence would be an abandon -10 public duty, and he therefore applied to .thitEditor of a Morning Paper, whose channels of in fbrasation he knew to he good, and by him he was strengthened in•his beJinf of the truth of the rumour.— The deponent.fnadear stated, that be was not the author of the libel; that he did not see it until it was in print; but he admitted that, from previous communications with the author, he was partly apprised of its contents. The decision of the Court to exclude him from the Bei made great havoc in his property and health; that he could never go (although be observed the strictest re gimen) seven days without medicine; that for the safety of The Sunday 7 intes establishment his continual super intendence was necessary; and that a protracted impri sonment would, in his belief, materially. injure his health, if not take away his life. The affidavit of Isaac Sewell, the defendant's Solici tor, stated, that on the Bth of March la.t he wrote a letter to Messrs. Maule, the Solicitors for the prosecution, of fering to give up the author, upon condition that all further proceedings .against the defendants should be stayed; but he received a note in reply from Mr. Manic, stating that he had laid the deponent's letter beirate the Attorney-General, who was of opinion that there was no pretence for staying the proceedings. The affidavit of Mr. Addington, who is Mr. Harvey's surgeon, stated the bad state of Mr. Harvey's health, and swore that in his opinion nothing would tend so much to shorten the defendant's life as a nonobserv ance of a proper regimen and of due exercise. Thomas Smith, of Trinity-square, M.D. knew the state of the defendant's health for three years, and was of the same opinion with Mr. Addington respecting the effects likely to be produced from want of due exercise. The next affidavit was the joint affidavit of Thomas Smallpiece and two other persons, who were on the Jury that tried the defendants. The ATroavirv-GIMSAL objected to this aSdavit being read. Mr. Justice Baeutv—lf the affidavit be relative to the gtoubds upon which the Jurors gave their verdict, the Clem cannot reales it; but if it relate to other matters within the knowledge of the de. petunia, we ere bound to bear it read. The Arreeinty-Cialmeet.-1 cannot say to what it release. Caw Jessica--What does the aSdavit relate to, Mr. Harvey ? Mr. Harvey—h relates, my Lord, to what passed its the Jury. room, and to the grounds upon which the verdict wee given. Oust James—Then we cannot receive it. On the part of the prosecution, the ATTORNICT-GIINZ• MURAL put in the joint affidavit of Charles Burchell, Assistant Solicitor to the Treasury, and of Henry Bald. win Raven, the Chief Clerk ; they swore that they dill. gently examined the files of tAe MISS, The Nest limes, Morning Chronicle. Morning Herald, Morning . Post, British Press, and Morning Advertiser London Morning Papers; and THIS STAR, Courier, Glaie and Traveller, Statesman, and British Traveller, London Evening Papers, from the Ist to the 9th of February last inclusive, and that they could not find in these Pa pers any paragraph stating the rumours mentioned by the defendants respecting the state of Iris Majesty's health, nor any paragraphs stating that it was feared his Majesty laboured under mental derangement. The affidavit of Wm. Taylor Raven, of Lincoln's Inn, appended to The Kent and Essex Mercury, of which PA• per the defendant, Mr. Hal vey,'is proprietor, contain ing the libel, was put in. Mr. Harvey objected to this Paper, of the date of the 11th of Ikbruaty, being put in, as it was published subsequently to the pub lication of The Stratlity Times, Feb. 9. The Arxonintv-GoirnAL—This Paper is put in for the purpose of spewing, that in addition to the publication it. The Besorksy , Times, the defendant was anxious to give the libel greater publi city,_ by inserting it word for weld in another Paper over which be had controul. The Clime Jesrice—We are of opinion that this Paper Must be received ; because we should permit the defendant, in mitigation, to put in a Paper under his coutroul, containing a contradtedot of the libel. Mr. Harvey—As this is new matter, my Lord, perhaps you will give the defendents time to answer it ? Custer Jurries.—l don't telek there is anything eareasenatde to the request. Have you any ob j ection, Mr. Attoruey? ' • Assonnstr-Gipossm.—lf Mr. Harvey thinks the delay veal be of benefit to him, I shall not oppose it. . Carer Jusricc.—Then take time to Monday next. * Mr. Hicaver—l ash the thste,uot for delay; mail re Wit .eas that the Oman .hsnid pressed to judgment wlta g ips kilailay as possible, I hope the Court will not ea ljlembiy porpoise - 41isceZnent, If the Atterney-Gen. shoulditeakeseets **application. .4ence.—We give yes the time re ask for, bat we can ape make say barplUs with you After a few mime observations by the Court, Mr. Atteritsy.b.- , sank sad hir. Hamer = . Idir.'Harvey said be would rather•take the disadvan- PO of not having an opportunity de:plait-ling the last piece of evidence put in, and go ow with his ease, that 'take the chance of buries the jusliment delayed on Monday, as the ansietj bisbool4 safer during the de lay would overbalance any advantege which.be might der ire from being afforded an opp_emonity Of ezplainang the insertion of the libel in The rot it Esau Mowry. Cain Joarics--11 you wish a postponeznent aatil Monday, you can take it ; if nut, we are teady to bear what you have to. say. Mr. Ilarvey.-11 he had been di rod hie. and _ to self of the well•known clemency the Court, to obtain delay, he could rely opal a meek snore solid ground than the introdnctioh of that Papur—a ground in which he was satisfied their Lordships would concur with liim, namely, the delicate state of irsa.health; but as he preferred anything rather than delay, he should now address to their Lordships a few observations, is the full assurance that their Lordships would, for the few moments which be should have the honour of adrift* sing them, extend to him that full indulgence and gra- • cious attention with which they were .accustomed to treat persons who conducted their own ease ; bat he could not make these observations without Is repelling she insinuation that he was induced to address them. Lordships through any feeling , of vanity, for it would be vanity of the roost odious sort if he were to that he could make any statement, not only in tt e rvay in which the Learned Counsel whose ',Waste be bad the gond fortune of having at the trial * but in the way in which the most•inesperienced iudividard S et the crowd of Gentlemen who surrounded bias "114 & it; but he was induced to present himself WO Lordships under an impression jlytt tbes4r y circumstances which their Losstsbipi before they proceeded to jodipscp).- 1. . _ which a • Coon* cceld not alt Cellkseol.l. _4 1414 4 . to as a defendant, NA circiunitances PK_ claw . , sidered iodi b me g asably,ccecesseej .iff• 4.9r0 1 , 1 9., to know,. • A1iq440.14 tmlowa4V erdiev lo B6 4 l 4l? their j udge Whoto T .t.b Awe w It abi dietim", -0 1 410/1 *IF ilia . , _ - '