The British Press; or, Morning Literary Advertiser. — London, England, 1825-12-20 00:00:00

Into i the state prevented tsix Re . of the distress spirit Wm. tipsily which i had speculation, Bank Cont. .e people method in about r own those held Aim. but apse -of Court, initabi lich .4 de. daring .1 the quest ion 1 the COD. Dm a point. it t ter — COURT OF CO3f 31 0 N COUXCI L. - cort of Common Council was held yesterday at Ouildhal to a requisition received by the Lord Mayor, to take inn r Y 16stoion the report of the General Purpses Conitnittee on thi I. "7f the Ward of Cripplegate Withou o t, relatiag to the stat, U 1 6— go reP r •sentation in this Court, and on other epeeist affairs. t EQUITABLE LOAN BANK COMPANY. dt. getermati W.ttru Kim said that, having been presentee It ''....n e sasition from enteilding the i nform during the last sit w i,b e d to obtain some ation front the Re cr as to oleo hail been done relative to the Charter of th, r.„,sta Loan BonkCompany. Company. Although the present distres 111.--_„, ' „A r ty originste with that Company, yet the prese n t s pi r t Ti ag originated with them. Among the names of the pe r • applied for the Charmer, he found thorte of Sir Wm. pre Vi and Mr. Thomas Clarke, persons who were principall --- ) g in getting up anothcr scheme, the subscribers to which 11 7 o citting recently, and which they kept as pirate as pre, _ye but. oechwitlistanuing t h eir oecreay , certain facts hsc _ye bas. the public not very creditable to :he parties con. !ti t , I, appeared that the Directors of a certain Company hat u"*" . ....„ s e e ted 13,000/. to their own use. The prethctions he had mach sir.ce, as to the result of the late manta for speculation, lett! reritiod. After the Equitable Loan Bank Com. c ' mnP 1 d parted. a thou sand otter equally delusive 'schemes followed, a g o e ngaging in such speculations had been by some people madras, yet it appeared to him there was " a method in g i g madness." The Directors well knew what they were about ▪ they appropriated a villein number of shares to their owe , g al the only persons who could be considered mad were th ou 1, : 1 ;w been duped by their ormolus' and the inducements held ...dam. He thought it was worth the while of the Court to ;gem - whether some measure of a general nature ought not to be • aml a petition presented to Parliament to inquire into all dive schemes recently agitated. He would not pledge him. rnl . king forward ally motion upon the subject at present, but ; g ailisly would on some future occasion. nF. **** NCE• then read the minutes of the pmceedingt pr ; 4 1. Court relative to the above . Company, with which the Worthy 51 a mm o caressed hi.naelf watsafsed. • tit CRIPPLEGATE WARD. iIIiKKAGE rose to bring forward his promised motimmn upon g g egamt of the representation of the shore Ward in the Court of wpm Council. Ile regretted lie hail not an opportunity of tins at the last Court, in consequence of the multiplicity of pytrnoo that day. Tire object of the petitioners wan to egos. m o m repretwatatioa of the Wards of Ltipplegate Within and Without, pod to make such increase to the number of i n Cd lresentatives as the Court might think proper. Mr. 8. t ikee the Town Clerk to read the Re s olution te the Court, e beasintilar petition was presented to the Court from the inhabl. me • w ag Ike %Van! of Fatringdoo Without, in the year 173(, which „. Tke Loan at said that as the question could not be de. Ostia sothciesst tune to be of any advantage to the Ward during ecseeseatraf , he would suggest to the Worthy Gentleman the Ingeyer adjourning the debate until the next Court. S A yAor, however, moved that the petition be read, which ▪ scosidol by Mr. Stevens. ed gr. th.ntust raid he hoped the Worthy Member would with. tie Er motion. He had tua objection to go into a full consider. rag er the state of representation in the Commor..Council, but he rid to the matter generally, and not to one case in particular. • tbAns objection to icake is linear. which was, that the re. spi bed 'heady been issued by the Aldermen for the election, r !. le Wesubsr of persona to be chosen could not be increased cet e.g. sew precept, which could no. be obtained until the tat at fin Of Aldermen. Tle !accent It said, that in material an slteev..ion could rot be d eith without the sole:inn of the Corporate Body. The LITT SOLICITOR was of the same opinion. Albion bl'arrnstax said• there could be no doubt but e▪ s Ilnike Wall was inadequately represented, and he would recant. s . ated die to some to some resolutions upon the subject first, ai gemmed in the manner pointed out by the City Law Igoe then moved that the chnsidera Lion of the question djaingefinatil the next Court ; which was, after a short dis- o tem barns Mr. Galloway and Mr. Faveil, curried. )(ram. CII.44II'BERS and SON, the BANKERS. rwtselay the Commissioners of Bankrupt in this evade held eareamotinit at the Court in Basteghall.strect, to receive proof* fairs, and to transact such other business as might be deemed Killerr. litClumbees and bis son were in amtendarce. lc Matthew, an Attorney to the Provisional Assignees, upon Windt= \L, being tendered as due to the Directors of the Gitep's abbe of Instruction, being the residue of the sum eiginlyelepasited in the banking-house by the Managers of the fa*, asked the Crommi.sioners if any role or two persons could lowest which was intmed in the name of a particular body, and an 5'1148 awn ? TbOreretary to the Institution submitted that the money was *any invested in his name and that of the Directors, one of ebeentemied to make the affidavit, it, the consent of the whole. be of :he money, he also sod, COOlil be drawn out without the net being countersi4ned by him as Secretory. Ds COXIIISSIONEIIII held there could be no objection to the moon of the orzreil affidavits, as they were made with the eon. orate dal!. f , Ile necessary proof, were then received. /It F. POLLOCK, on the part of thecommittee of provisional notes opposed the claim of the Rev. Mi. Hicks, for 1.2831. 10s. • Ito him so one of the executors of the Rev. George Elwes, on n' It round that the demand could not be personally made upon lethambers, but must be made conjointly upon the bankrupts. al Ibt fart were simply these:—About the year 1821 the elder Alr. embers and Mr. flicks were appointed executors to the estate of 11r. Elves, upon whose account a very large sum of money was apt ed is the bankrupts' bowie. but Mr. Chambers changed it tk les the name of Mr. Elves, and glued it to the credit of the firm, red of course debited himself as debtor to the deceased'' , estate. tr. Hicks, his co-executor, lie desired to draw upon Chambers and t be for any money required to pay off the legacies willed by the erns, which was done frequently, and entered in the regular therefore, Mr. Chambers had, in the exercise of Ina duty soocator, placed the money in a bank which failed, he nor being at were of the insolvency of the cttablishmcnt, could nut be expected Mn 'Oman personally liable to, bit: was bound to proceed, in coo. *PIC wi.h the other executors, for the recovery of the dividends. fp illatrapposing Alr. Chamber; had placed the money in any other de tore which had failed, it could not be expected that he was to be- resnonsible for the low. He had nut been guilty of any dere- U' him of duty, and had the full concurrence of Mr. Hicks, as that phew, had not objected to the money being so deposited. The ▪ Counsel urged this point at very considerable length, ob. Min, the money being placed to Messrs. Chambers's account t cos merely x continuation of that of the deceased person. Mr. Mt always deep upon alessrs. Chambers and Sun, and not upon !k. Chambers personally. • ILI/a/Irma, for Ale. Hicks, contended that, at the time of ateansfer of the property front the one account to the other, Mr. in f•omers must have been folly cognizant. and must have known as • ica the last simm, making up the present demand, was paid ▪ no its bank, it wain in a tottering condition. The Learned tiritlenan entered at large into the proceedings is Chancery upon red woe ear of Mr. Elwes name; and said Mr. Chambers, about y w hum:at:ha bekre he stopped payment, paid into the hands of the at:tentset.General 30,0001. belonging to the testator, by an order • Cam: and then, he considered, must have known he could net tont. Ile denied Mr. Chambers's right to make any transfer, tit solos he rep Cered himself personally liable foe the whole. t• lie. POLLOCK asked Mr. Chambers If he knew, two months Wort 6u tadure, that he was in a state of insolvency ? Mr. ( hunbers.—Most certainly not. • _dier seine other discussion, of a very Interlocutory nature. the (mummers adjourned the question for further consideration; • vatting, that if the demand was made personally upon Mr. I *.nbers, the claimant could have no vote for the choice of aa. It's to the bankrupt's emit,. Me Donetre said it was the intention, if the point was coo. ten/this citent, to make the business the subject of a motion to Ileteett of Chancery. , PoLLoes opposed the claim of Mr. James Ilenew, or ' 4 e:es-wtemet. Berkeley-squnre, amounting to Mil. ; but upon msaa on , it proving to be a fair and just demand, it was te- - 4oit.t.ml 31t. Denew was sworn. et 1 1'.1/rnew in making affidavits of seven) debts he had per- t e O .l. said that at the time of purchasing them he told the ',entire it • ▪ aire acting very foolishly, as he was sure the house would 5' .24 1. in the pound. Ile paid lira. in the pound, which was the n tat 4 lni. He had bought the debts of Lord Cholniondeley, •-•/. gating. Mr. Commissioner Springer. turd many others. • e rhart having received a great number of unopposed proofs, t tied, SPORTINGI INTELLIGENCE. r, TATTERSII.I:S, Stotrnav, Dec. 19. • ..t bettitg wet sleek this aftetr.oon, and towards the latter port Se pencipal subject of conversation was time repented demise • Emperor of Resale, and its effect on the money marker, a 'Trot hzoloarously observing, that he supposed the bears he** Icily paimes interested in the event. t ijj, left off as under, by which it will be perceived that Ad. Qt Minnie up. and that Al ignionette has 'alien back a point. is nue at J to I, and these are the only alterations worthy ••▪ /oh,:e. • newsy. It ' taw %march t 2 to I arse Twat., t o t . sem 'netball, 23 to 1 agat Snidest Li sot Itulivar it to I agst Pratiks Is 1 5 , , o he (retinal 30 to I agent Cedric • ~t Am's a -es fie to I rat f'ionvass wt. rrt Greenarie I 3t/ to 1 kon Centaur. 4 list Zaleilts • OAKS. 41 alga irl:witer tit 16 to 1 art Parasol •tu agst Pawn tu I eget 80-rep llst Meets 17 to I sgst Louisa egret Henry 20 to 1 apt Tears ' test Elitaheth •itt to I atr.t Morel. IT. I. VOLK. 5 to I on the held. NAVAL INTVLLIGENCE. PORTSMOUTH, Ditc. 17. The Jasper sloop, Ctain C. H. Frecinande, arrived list Sue day frem Mexico, wh ence she brought desp-tches„ which were landed at Pal routh. It is stated that when the Jasper lett Sacri. hem s, the Colombian and Spanish Royalist naval forces were in l I sight of each other, and an engagement was expected to take place immediately. During the short time the Jasper bait been absent from England, she lost her first Lieutenant A G 1061411. who died of I constipation of the bowels; Assistant-Surgeon IViiliam Brown, who was appointed Acting Surgeon of the Scylla, and survived his promotion but a few days, falling a prey to the endemic fever which has been raging on hoard that sloop. Site also lost the Captain's Steward front the game cause. Captain Freemantle wax likewise attacked with fever, but happily recovered. The Jasper brought home a small freight of specie, and some cochineal. She is ordered into harbour to refit, and is intended to be attached to the Portsmouth station. On Wednesday the Heroine transport, Lieutenant ilenry.lewry, agent, attired from the coast of Africa. By her we learn that the whole of our naval squadron was remarkably healthy when the Heroine left them assem b led at Prince's Island, on the Iftthof September last. The Atholl, Captain Murray, was ordered to Sierra Leone to complete her provisions, frost whence it is supposed she will proceed to India; the Brazen had not arrived. The Heroine went to Ascension, where she arrived on the 15th of October, end found the g arrison in high spirits. a nd i n t h e enjoy ment of moat excellent health. The Atholl had captured three vessels, and liberated 700 slaves since she has been on the coast. The following changes have taken place in the squadron :—Lieute- Pant William Critchell. of the Esk, invalided, and came home in the Heroine; Mr. Arthur Kellett, Admiralty Midshipman, an pointed acting in the vacancy ; Mr. Reed, surgeon of the Esk. in. valided ; lir. Forster, Mid.hipman of the Athrill, invalided; Mr. 1). B. Conway, Surgeon of the Athol!, invalided, all arrived in this transport. Mr. Dale. Assistant-Surgeon of the Atholl. ap pointed Acting Surgeon of that ship, vice Conway ; Mr. Rowe, to be Actin;, Lieutenant of the Atholl. vice Holland, appointed act ing agent for transports on hoard the Finsbury, on a vacancy occasioned by the death of Lieutenant Anceshaw.—frompshire Chronicle. SHIPPING INVE LLIGENCE. LIVERPOOL, SUNDAY, Dec. IS. W'rl SS W. rlondy. High Water. 36 m. p. 6. The Canadian. from Virginia, arrived last night„ , sailcd 19th. and Prom Patrick's Hole 22d Nov., in company with the Indian, Horatio, 3largaret, and Lady °cordon, for Liverpool. The Kelsick, Wood, wan to sail the following day. o.i the 9th Dec. in lat. 18, 30, long. 33, spoke the bark Arethusa, from 31 iratnicht for 1.0 idon. Arrived the Niagara, Hamilton, and Prornive, Sloan, from Quebec. ; Cornwall. Morrivon, from Bombay : Manhattan, Mar shall, frrm New York ; Carrikv, Low,. ; Indian, Matthews ; Horatio. Sprrks; and Lady Gordon, Porteus, from Quebec; front 51irantichi; Entrrrrize, in 48 4/ .4 from Puerto Cabello; Eliza, —, from Pernau. FALMOUTH. DEC. 17.—Arrived the Rinaldo parker, from the Leeward Islands, sailed from St. Thomas's, Nov. 21 ; Wanderer, IVaygnol. from St. Jehn's. New Brunswick; Rockers, Soper, from London fo- Grenada; Elizabeth and Jane, Pitter. from Li verpool for Oporto. Sailed the Duke of :Ilulborough packet, for Llabon.—Wind %V.S.W. PLYMOUTH. Dec. 17.—Arrived the 3PDuff, Elder, from Lon don for St. lillehael'a—Wind W. PORTA/101:TH. DEC. 18—Arrived the Friendship, from ?4 eimithi. Passed by, the flynclinas, Sergeant, from De• morass, in seven weeks. Sailed the Ottawa, Douglas, for London ; and the Sprightly and Resolution cutters on a cruise.—Wind S.S. W. strong wird and rain. DEAL, DEC. 18.—Arriv:d the Ocean. Dean, and Cicero, Dale, front Quebec, and the David Owen, %Volker, from Pernambuco. Arrived from the river and remain, the Friends. Holland, for Ja maica, and Providence, Wauchope, for New South Wales. The outward-bound remain as before, all well.—Wind S.W. li•msoart, DEc. 18.—The Robert and :they, Way, fell In with to day. in the Gulls, part of a vessel's broadside, fir built, painted yellow with one broad and one narrow white streak. A piece of an English union jack was amongst the wreck. MARGATE, Dec. 18.—The Christian, Thompson, from Dublin for London, gut on Pureness Rock, ut high water this morning. Assistance is engaged to lighten and get her oil again, which it is hoped, if the weather continue favourable, may be accomplished nett tide. GnawEstsrp, Dec. lB—Arrived the Arab, Law, from Hall. fax; Hope, Bully, from Liaison; Nassau, Riddle., and Endeavour, —, from St. Michael's; Hope, Madge, front Seville; Diadem, Smale, and James Daryan, Leggett, from Smyrna ; Good Hope, Kent; Caroline, —; and Velinta, Kinsman, from Bilboa ; Jane, Agnew, from Bengal; George and Ellen. Allison, from Charente; Alexander, —, from Dantzic ; Alert, Kinner, from Montreal ; Mevagissey, Andrews, from 3lessina ; Prince Eugene. Matt, from Alicant ; Henry Cox, Sargeant, from Jamaica. Sailed the Ata. Pants, Rotten, for licnicarlo; Sylvia, Mackie, for Rio; Nereid, Pugh, for St. Domingo; Grecian. Smith, for Marseilles; Ruby, Haswell, for St. Michael's ; Thetis. Crisp, fur Lisboa ; Fair Arcadian. 14hillia. for Demerara; James Harris, Jones, for Jamaica ; •;realm, Smith. for Marseilles. . . NEWCASTLE, DEC. 15.—The snow Felicity of and from Lynn, which got upon the rocks at Shields, 2.1 inst. was got off this day, and brought into the harbour. Coal. Mc. 13. The crew of the John Thomas, Baluchi', arrived here in the Alchymist, having abets:at-n(1 their vessel the 31 inst. in lat. 48, 27. She was capsized in a heavy gale and righted again. They were 38 hours on the wreck, and at the time the Al chymist hove in sight she was becoming gnite louse. The John Thomas was from Newfoundland, bound to Jersey. CORK, DEC. 14.—Arrived the Speke transport, from Deptfard, to take on board troops for Barbadoes. Cu xuavEx, DEC. 11.—The Ant, Nesbit, is about to be hauled up, and it Is expected will be caulked and ready for sea in about ten days. CADIZ. Nov. 29.—The Agnes. Wilson, from London, which arrived 27th inst. tell in with on the 24th in lat. 38, long. 10, a brig water-logged with " Bristol" on her stern, could only make out the four last letters of her name " Hope," she appeared to be about 114.1 tons, had two white narrow streaks, but could not board her, the sea being very rough. Tartnaootta, Dec. s.—The Dolphin. Donley.' is mote than half unloaded, and will be hove down to see if she has sustained any damage. A Lie l t I A, Nnv.118. 7 -TwoSouth American armed schooners have been cruising off this place sonic days ; they have captured, sunk, and ransomed several Spanish vessels. As their cruising ground is off these CaNs, no vessel can escape being overhauled. ANTIGUA, OCT. 18.—The Elk, arrived yesterday from Boston, saw 11th inst. off the Rocas of Trinidad, a long low brig with painted ports, both masts gone, lying -to, a hull, with a white signal (red border with square and compa.•sa in it), and an English en sign with the union downwards. The Ell; could not speak her, as it was blowing very heat ily. Nov. B.—The American brig Elirshe.h, Jackson, from Phila. delphia for Buenos Ayres- with a carp orpitch pine lumber, put into this part Gth ins•. in distress. BAR lIADOES. OCT. 11.—The San Jose Larangeiras, Ceresete, arrived here from PAM for Vigo, lost both her masts in a gale 111th ult, in lat. 9. 45, N. and w.is obliged to shape her course for this island under jurymasts. The Nile, Kecg, from Limeesek to London, was totally wrecked on Thursday night on the Goodwin Seeds, From the agent to Lloyd's, at TortuLt, dated 19. h Nov :—" Fif teen sail of vessels. three of them apparently of the line, passed to the north ward of this island on the 12th inst. steering we►terly, as it for Pxto Rico." EAST INDIA SHIPPING. His Majesty's ship Tees, Maryatt, arrived at Portsmouth: left 3/alras 13th July. Trincomalee 011 Aug., the Mauritius 14th Sept.. the Cape of Good Hope 20th Oct. Pasant:oE2s per his Majesty's ship Expiegle, from the Cape— Col. Bird, late Coloaial iiecretary at the Cape ; Lieut. Rutherford, Royal Engineer.. CAPE —His Majesty's ship Arisdne, Chapman, 20 guns, was expected to sail from the Cape (or England, 27th Oct. PASSE:C(IEII2 per Grenada, Andenon, Crum Bengal—Mrs. Capt. Young and tamily. SAIP !POZEN WITII.--Tbl7 !Ulna, Sioclaix, from Portsmouth to the 313utitius, in lat. 6, N. by the Grenada. CUSTOIII.IIOUS. D►c. 17. -.- SHIPS ESTZNED IPwertus.—The Prince of SAX!! Coburg, Tremoyme, from Denis, Alicuit, aud Allea ; Susannah, Carpenter, from Sicily ; Caledonia, ',pill, from Quebec; Alexander, Pottin grr, from St. Peter..burgh ; Ceres. Becker, from Elbing and Pil lan ; Catherine. Fligg, from Almeria and Gibraltar; Vronw Wimmina. Stehr, from Leer; Broderne, 3leenes., and Samuel, Burgess, from Lisbon; Ann, :tlarohall, from Standgate Creek; Sovereign. Sly, from Messina ; Commerce, hasten, trout Villavi chola; Friends, Liuen, from Sen ile; Rover, Cook, from St. Ilieasers; Sappho, Noabce, from Smyrna; Kiagaton, Cheep, from Cork; Fume, Miller, front IVaterford; May, Anderson, from Itublin. ENTEIIED OUTIVARDS.—The .3lary Ann, Rising, far Grand Catiary ; Ailrim, Brown, for Sidney, New :South Talcs; Meiluse, Lobbing*, for Antwerp and Brtmeli; K:ng George Packet. Hart, for Antwerp; Landon Packet, Mackay, for Buxton ; Sea Nymph, Splttle. for firemen ; Jace, Elliot. fo r Waterford. • CLEARED OUTWARDS TIN.II.LT AT Gneeestwer.-.-The George, Forster, for Havannah !loyal Charlotte, Ford, for Ja -113.601; Atalanta, King, and Two lirothers, Robson, for Haniburgh. CLEARING Ouvwanus.—The Julie, Pr:sgcr, for Calais; Thetis. Chrisp, for Lisbon; Runnymede, Kemp, for Calcutta; Ks :mance. Annicore, for Calais; Edward, {Vessels, for Bremen; 'Troia Arnie, Schur. for Antwerp; Fair Arcadian, IVhillis, for Demerara; Trois Freres, Rieke, for Antwerp and ; Penierrick, for Rotterdam; Sector, Hart, for St. Michael's; Braze, Duthie., for A ',leant y Four Sisters, Foreman, for St. 31i. cheers ; Cordelia, Watson. and Aran, Ossberg, for A licant. ('ono/Ilex's INuukee.—Last seeking, at half-past six oVG,k, the Coroner and Jerry assembled at the Savoy Palace, anti resumed the investigation touching the death of the young woman who threw herself into the Thanits, at lVsterioo-bridge, and was dror.cr I. on Friday outen.nie las•. The Jury returned their err. diet_• That the .erceseed drewiteri bench' in a ill el insanity, pro. d :cal by distress and iatets:ation." THE BIUTISVI PRESS. LAW NUTICEL COURT OF CHANCERY. DITORT TAI LORD CUANCELLOR TIMIS DAT. Part heard—British Mine Company. After which, Motions.. RETORT ?RE TICE-CI CAUSES, PETITIONS, •I In re Mitchell %Ilan v Triinby Lomas v Simmonds &Iron • Cooke trr Stansfield e Tadcaster School Adam • Ashton Campbell v Coding A.Miernety.General • Mayor of Rochester 1 In re Strode's Charity Edmonds • Ackland Deacon v Deacon In re liclwar's Charity In re Layfirld's Charity Rawlings v Jennings, 2 Petitions Elriogton r }Arington Harrington • Gregson Attorney General v Mayor of Rochester In re Ashhy de la Zouch School Thelluson r ‘Voodford, two Pe titions Portal r Cobham Avery • Russell tt Nelson • London Amursaiti Company Richards • Lord Macclesfield Pettit • Pettit Beer v lVard Miller • Elkins In re Waddington Hospital Hoyd • Poole Prebble • iloghurst Jervotse v Jervolse Jones • Jones In re New Post Of f ice Aet Bushell • Brachap, 3 Petitions In re Christ Church Charity Muir v Priest D REMAINING MOTIONS. In re Henry Kelway Deane r Deane Wilkinson v Wilkinson In re M'aleot Charity Garrick a Lord Camden Payne v Long. two Petitions Heathcote r Edward. In re Surrey and Sussex Road Act Davies r Ogden Grainger v Berkeley In re Rhosdes Browne v Rippengall Randnli r Covert In re Gedney Hill Charity Gibson v Knowles Gilbert r Wetherell In re Commissioners of Paving Bermondsey Attorney-General v Hulton Lord Shaftesbury r Duke of Marborough Orick v Binney Jones v Jones Kilshaw v Galway Wilson v Al•Ketnie Duteus v Lord aulkeley Marckus r Wolf In re Phillips In rc 31unchester Market Act In re Mernick's Charity Town v Selater ir Smith Firker v Canichsroe Wool • Batchelor Sitmhona v (intteridge Lam-timer • (Mon Shefford v Sharon! Miller v Elskic. ROLLS COURT. GENERAL PETITION DAY, AT SIX THIS 111 VINO. Atkinson v Dowbig- Satterthwaite v Sat- Price • Fria gin, by order I terthwaite Barnes v Suttle Collins , Blackburn Caldeclough v Reid Bennington v Hu- In re Doveys School Peacock v Saggers wood Gibbons v Howell Guilfrer v Waist Qucich v Farquhar Griffith • Wynne In re Union Canal Simian v Baliantyne Thompson v Bur- In re Judd Potts v Norton block Harvey v Harvey Bowker v Nichson Borgius v Warner Fentar r l'orrall Vainey v Hill Hickson v Lloyd Groves v Pride'', Gailmond v Hirst Enever v Field Orchard v Sandy* Porter v Ferry 1 Brougham v Idle Pilki ng t on v S mit h Ad ams v Gill ett In re Sayer's Charity Rowley v Elwell Fletcher v Helps Coussmaker v Forbes Whatmore • Earl Massey v Dixon Withers v How Wilkinson v Berton Squire v Squire Andrews v Sewell Downe v Goody Farrar v I‘linshull Barnes v Rhodes Harvey v Harvey Pearce v Tate Clarke v Clarke Young r Cowell Rune v Rinlock In re Maunsel Hughes v Wynne Rutherford v Douglas In re Southwark Roberts v Roberts Berson r Maude Bridge Company Carlow v. Cade, two In re Thompson Ker v Clobety petitions lit re Bateman McAdton v Riney In re Swindon's . In re Eiger Bronthead v Hunt Friendly Society Frowd v Frowd Snelson v Snelson I Garbutt v Tit I Beaumont • Paine _... Campbell vC3 •ling Ex-pane 'Farris Mason v Dyett Ippiry I.lleward v Sihurron Harvey v Hervey llytnmark v Ashton Clarke COURT OF KING'S BENCH. CAUSES TO BE TRIED THIS DAY IX LONDON', IT SPECIAL il*RIEs. F;dnieeds v Avhby Bishop v Benecke llobvon v. Rich. Bt. Tooke v Oldlield Woolley v Jenning. Johnson v Huelin Wheeler, Whitaker I Eicke v Pedder Wheeler v Leather Parkes v Creswicke LAW IIV7'ELLIOENCE. —.mu— COURT OF CHANCERY, MOXDAY, Dcc. 19. BOITCHIE AND OTHER! V. TETER! AND OTHERS. HEALD stated that he appuured as Counset for the defend. ante in this suit, and that he had now to apply to his Lordship for dissolving the injunction which had been obtained on the other side. The Court would recollect that an injunction had been ob tained to restrain one of the defendants in the suit front receiving certain funds which were now in Court. Th• Learned Coansel said he would, as shortly as possible, put the Court in possession of the priccipal facts of the case. It appeared by the proceedings that some time ago a reference bad been made to the Master fur the purpose of an account being taken of the estate of the testator, Mr. Jean Cnurtois. This gentleman had died, leaving three illegi timate children. These children had been made wards of the Court, and the Court had ordered a sum of money to be paid out for their maintenance. A decree was afterwards obtained on fur cher. directions, and the respective sums then due were set off to the credit of the pieties etc i,led. The testator had died possessed of large property, to the amount indeed of upwards of three hue. dyed thousand pounds, and . these children therefore became entitled to one hundred thousand pounds each. The eldest child having at. tained the age of 21, she had received bee proportion under the or der of the Court, and the seine order had been made in regard to the second, but which was prevented from being carrittl into exe cution by the filing of this bill by a foreigner, who claimed to be next of kin. It wan stated on the affidavits in behalf of the plain. tiff's case, that the bequest of the property in question had been obtained under undue h fitience, end they hid obtained an injunc tion ex parte. His (Mr. Heald's) clients had taken the earliest possible opportunity of appearing to oppose it, and the whole of the affidavits were now before his Lordship, and certainly such affidavits he (Mr. Heald) had never seen. It was most fortunate for the persons whom he (Mr. Heald) represented, that they could bring before his Lordship the affidavits of persons whose clime tens stood so high, that their testimony could not admit of dispute —persons wholly disinterested, and which went fully to meet the cue so basely set up on the other aide. Mr. HORNE said it was a duty he owed to the Court to state at once that lie wan not in a situation to support the injunction. Mr. HART, on behalf of a professional gentleman whose name appeared in these proceedings, was particularly anxious to state on his behalf that there were no grounds whatever for the imputation thrown upon him. Mr. HEALD begged to say, that, if the case hod gone on, he should have disclosed to his Lordship such a mass of perjury, quiet', and turpitude, that he (Mr. Heald) had never seen in the whole course of Ids practice in that Court. Mr. lititarownt.t. appeared on behalf of the mother of the child ren, and said his Lordship would fully recollect what her conduct had been when formerly before the Court. She had evinced the most tender anxiety for the welfare of the children, and her conduct in their affairs was most exemplary. The injunction was dissolved, • ith costs. IN RR MARSH AND CO. Mr. HEALD (with whom was Mr. Montagu)applied folds Lord ship for an order, that Messrs. Stracey and Graham might be ex amined upon an issue that had been directed by his Lordship to the Court of King's Bench, on the 13th of April last, to try whether the bankrupts stood indebted to Messrs. Stone and Co. in the sum of 16,0001. He stated that, since the order had been issued, these gentlemen bad obtained their certificates, but as their names stood as defendants on the record, it was necessary to obtain hia*Lord shi_p's order for their being examined a s w itn esses . The SOLICITOR-GENERA,. (III!II whets was Mr. Horne) stated that in whatever view the case was looked at, there could be no ground upon which these gentlemen could be examined. He con. tended that if this were allowed the nature of the issue would be wholly and completely changed. His Lorimar' , inquired if thesegentlemen had obtained their certificates since the issue was directed ? aid was informed in the affirmat-ve. Hia Lordship then intimated that Messrs. Stracey and Graham, though defendants oh the record, should be examined as prayed. The costs of the petition to be allowe 1. but not paid at present. LADY •NSON V. THE BRITISH MINING COMPANY. This vise came before his Lordship on x harmer day (the lath Nov.) when theSolicitor-General moved for an injunction ex parte, but which the Court refused t the motion was now resumed, the parties against whom the injunction was brought being before the Court. From the Solicitor-Ueneral a statement it appeared that Lady Arson had purchased several shares cif four mines in Corn. wall, the property of a 31 r . Thomas. She had also, in consequence of an application from Mr. Thomas. advanced hint a stun of 3.000/. which was secured not upon the our mines of which she had pre viously become a part purchaser, butt upon the a hole of his mines, amounting to sixteen in number. Mr. Thomas, since tiie trans actions, had sold his harm , ' in these mines to certain persons coil ing thenAelves the British Mining Company ; a dispute had arisen between tli; parties and Lady Anson, ;and hence these proceedirgs. 'FheSolicitor.fieneral read various letters to Sustain her case, both from Mr. Thomas, as well as front Professor Milling ton. who is one of four trustees that represent the Company In question. lle (theSolicitor-bleneral) very buthorousfy described these mines (one of which being named the " Console Mine") as a sort of subterraneous Threadneedle-sheet. The Loaf) Ctrawct hacitt said tt did not appear at present bow many . persons composed this Company ; and, therefore, it was a question whether they were entitled tc sale or foreclosure. bete se the Court would not stake such an order, unless all parties were before it. The SOLICITOII.O2NCRAL laid that he had got three most ettbstanti.,l parties as repusenting this Company, Mr. James Mas call, 11r. Henry Moore, and Mr. Thomas 1:01ebtooke, and as to the rest, he could not sat they were is Imbibed', seeing that they were under ground; but it was matter of indifference for his pm. pu►e where they were. so long as he hid brought their represents, lives before the Court. Tie Learned Suhriior 11. ell prayed his Lordship's injunction that the defendants might be restrained front working the mines, as aril as from se!: or tosissiosurs of 4issly Amain' interest in the said wine..., ia the Courts holding peculiar, jurisdiction in the Stannaries. Mr. SUUDEN wan heard on the sntne side ; and, at the condu. ' lion of his speech, the Conti rose. VICE-CHANCELLOR'B COURT, 310NDAT, DEc.l9. This being the third Seal. his Honour the Vicc-CHANcEttoR warrall day occupied in disposing or motions, t•.uue of winch con tamed anything of public interest. The motions of course were so numerous, that his Honour, being unable to get through with the entire, was obliged to postpone the remainder of the Seal till to-morrow. COURT OF KING'S BENCH. GUILDHALL, Mot:EyAy. Dec.l9. Sitting. London before Lord Chief Justice ABBOTT and Spe. 6111 j Stria. WILCOX AND ANOTHER V. MARSHALL. This was an action on a policy of insurance effected on a bottomry bond. and underwritten by the defendant. The AvvonseEY-GENERAL and Mr. PATTISON conducted the plaintiff's case; Mr. SCARLETT and Mr. CAMPBELL that of the defendant. The insurance was on a German trader from Havre-de-Grace to the island of St. Sebastian. After leaving the former place the ves sel encountered a heavy gale, and, making for the English coast, put into Dartmouth. She had received some injury, and in conse. quence underwent repairs, when, after being examined and passed as sea-worthy by the underwriter's inspector, she set out again for St. Sebastian, and was lost. Mr. Scanr.vrr, for the defendant, contended, that the circum stances under which this vessel wan lost were very suspicious, anti such as to induce a strong belief that it never was intended to sail her to St. Sebastian ; but that, in point of tact, she was a smuggler, and that the teal purpose was to lil.d her cargo somewhere on the English coast. The LORD CHIEF JUSTICE, in summing up, told the Jury that he thought the evidence for the plaintiff did nut warrant the inference contended for by Mr. Scarlett. Verdict for the plaintiff—Damages, 1001. LLOTD V.ASHRT, ROWLAND, AND SHAW. This was an action on a bill of exchange for 821. accepted by the defendants, and indorsed to the plaintiff. Mr. MARItYAT and Mr. ST Ernest conducted the plaintiff's case; Mr. SCAaLETT that of the defendant. The plaintiff is a machine-maker ; the defendants are engrmrs in Lombard-street. The plaintiff had made a machine for Row land, father of Rowland, the partner in the firm of Ashby and Co.;• he wanted payment for his niactiiiie, and Rowland the elder offered him a bill drawn on Ashby and Co. which he consented to receive. Mr. SCAR LETT, for Mr. Shaw, contended that u against him the plaintiff was not entitled to recover, inasmuch as he was a dor mant partner at the time of this transaction ; that. the plaintiff did not, therefore. receive the bill on the credit of Shaw, and that the bill was given for a consideration in which Shaw did not par ticipate. Mr. IllanaitaT. in reply to this, cited the csse of Taylor v. Ridley, 5 List, 175. The Loan CHIEF JVST ICC %as of opinion against the plain. tilfon the point of law, and thought that as the credit had not been given to Mr. Shaw, and as he had received no part of the consi deration, he was not liable i❑ this action. The plaintiff was accordingly nonsuited. QUILLINAN C. TVCICZY. This was an action of deceit against the defendant, for having fraudulently represented one Burton to be a Welt= ' whereby the plaintiff was induced to sell him four hogsheads of wine on the ustvil credit. Mr. SCAILETT and NIT. CON TN conducted the plaintifrs case; the Al TUILNEY-IiCNER•L and Mr. CARTER that or the dc. fend an!. The plaintiff is a merchant at Oporto; the defendant had been in the habit of dealing with him for wine. Previous to the April of 1823, he had been in partnership with Mr. Burton, a young man of no property. In April of that year the partnership was dissolved, and when the accounts were settled, Sir. Burton was indebted to Tuckey, the defendant, in a sum of 3241. Burton some time pre. viously bad married a young lady, who was entitled to property to the amount of about 1:000/. under her foam's will. This property was vested in trustees, to be paid to her when she should attain 25 years of age, or on her marriage, if this should happen sooner, anti with the consent of the trustees. She married, however, before she attained 2a, without consent, and in consequence forfeited her title to this property. Burton had run away with the lady; they were married very secretly, and the defendant rave her away. It was not, however, for a considerable period that they became aware of the manner_in which this property had been settled upon her, and it was a principal question nil this cause, whether at the time the defendant recommended Burton to the plaintiff's agent as a person of responsibility, he was perfectly aware that Burton could not üb. rain this money in the right of his wife. Mr. Hoffstetter, the agent of the plaintiff; who had had previous transactions with Tuckey, saw him In the June of 1823, at Forelism, where he had set up bust. ness after he hail dissolved his partnership with Burton. Tuckey told him that lie could recommend him to Mr. Burton, at Poole, fur an order. Hoffstetter asked if he was a safe man, to which Tuckey replied in the affirmative. Ile then asked for a l etter o f recommendation to Burton, to which Tuckey replied that it was not necessary, as he would himself write to Burton. A few days after Huffstetter had to go to Plymouth, in the course of his busi ness, and called upon Burton as he passed through Poole, to so licit an order. Burton then said he would consider a few days, and, on Hoffitetter's return from Plymouth, gave him an order for four hogsheads of wine. Before Hoffitetter wrote to Oporto for Burton's order he again saw the defendant, and asked him if Bur ton was a safe man ? He again said he was, and that he hail lately married a young lady of considerable property, which she had not yet got, but which there wits no doubt she would get by and by. Upon this Holiketter wrote to Oporto--the wines arrived in 'gland in October following, and as Mr. Burton had not room for them they were warehoused at Southampton. In payment for them Burton accepted a bill for 711,, drawn at Oporto, and made payable at nine months, which is the usual credit. This bill would not, ofceurese, become due before the June or July following. In the mean time, however, the defendant took these wines in execu tion, on a warrant of attorney given for the sum which Burton was indebted to him. He attempted to erase the marks tom the casks, but was prevented by the excise-officer. Ile had them sent to Portsmouth and sold. These were the facts of the cue, and the question was, whether they did not bear, on the face of them, proof that the defendant had been induced to represent Burton as a re sponsible person, for the fraudulent purpose of pas ing himself, by taking in execution the goods that Burton might obtain in conse quence of these representations ? Sir. SCARLET T, in support of his use, called Mr. Hoffstetter and Mr. Green, the attorney of Mr. Tuckey. The A vvons Ey-GE NE MAL, fur the defence, called also several witnesses, for the purpose of 'Mowing that Mr. Tuckey had not knowingly given a false credit to Mr. Burton ; but their evidence did not materially change the aspect of Mr. St-arlett's case ; and from the whole it was clearly made out that the defendant was perfectly aware, before his second interview with Mr. Llnffstetter, which took place before he wrote off to Oporto for the wines, that lie (the defendant) though at that intetview he represented' Mr. Burton as a person who had great expectations in right of his wife, was, nevertheless, perfectly aware, from an investigation that had taken place, that the trustees would not pay over to him his wife's fortune, that he h.d no means of compelling them, that her interest, in consequence of marrying without the consent of the trustees, was at best but a life interest, and that it was very pro bably a total forfeiture. The Jury, without hesitation, returned a verdict for the plaintiff —Damages 721. being the amount of Mr. Burton's acceptance for the four hogsheads of wine. COURT OF COMMON PLEAS, GUILDHALL, BiONDAY, Dcc. 19. Londe* Adjostrord Sitting, befurc Lord ride [Justice BEST axd 41 Special Jury. LIBEL. YRISAIIIk v. CLEMENT. Mr. LILLY opened the pleadings. This was an action of libel, brought by the plaintiff', against the proprietor of the Aforniug Ch , onick, for printing and publishing a false and malicious libel in that paper, on the 211 July last, of and concerning the plaintiff; in his public character of Plenipotentiary and Envoy Extracutlinary from the Government of Chili to all the Courts of Europe. The first count of the declaration alleged that the plaintiff was em. ployed by the Republic of (:hili as Ambassador to this country, and that he was specially authorised to raise a loan or loans on be. half of his Government ; that Mr. Hullett, before the time of publishing the libel, had been appointed Consul-General for the State of Buenos Ayres ; that the plaintiff arrived in this country, and afterwards negotiated a loan with the house of Hullett, bro. theta, and Co.; that in pursuance thereof bonds were issued, and a large sum of money raised upon the sale thereof; and that defendant had in the publication complained of imputed fraud to plainrif=' meaning thereby to injure the public character of the plaintiff; and to degrade him in the estimation of the persons by whom he was employed. There were oilier counts, varyhig the statement, and averring generally that the defendant had printed and published the same, intending to injure the personal and private character of the plaintiff: The defendant first pleaded not guilty ; and secondly, as to part of the alleged libel in the first count, he pleaded a justiti. cation, and alleged that the plaintiff, in collusion with Messrs.,' ul. lee. published a false notice, professing to be a statement t. the annual income of the State of Chili, and had falsely alleged that it amounted to 150,0001., and that it was equal to fourteen times the interest of the lean, whereas it did not exceed eight times that amount. To this plea, the plaintiff in his replication, said that the whole was published of his own wrong, without the cause al. !eget' ; issue was then joined, both upon this replication ant: also upon the general issue. . . . 11 " r. rgeaut VAUGHAN observed that he had the honour to address the Jury on behalf of the plaiatiff, Don Antonio Jose de Yrinarri, who had been conipeHed to resort to the present action, in order to relieve hintarlf tram the mtimitainous load of obloquy and disgrace which was attempted to be cast upon his character by some trout robe, unwarranted, and scandalous aspersions that had appeared in the paper which had been already mentioned to them. It was. ne they must be well aware. sometimes • delicate and a difficult question to determine what course a person should pursue in obtaining justice fur alt injurious attack levelled at his character thrimgh the sued' of libellous publiention. If it had been only a political attack upon the cause of the South American State to which this gen:lemon belonged, he might have duce well to have owtlooked it, but if it Ix a serious attack upon the reputation of a public officer, then silence and submission would h o to give credit to the charge, and a curreocy to t4gs. The piaintiff might have proceeded criminally and 06rifeed a conviction, upon which the defendant would have gine out of Court and said, " Yes, it is true he has convicted me, because all he had to do was to prove the publication of the libel, and whether true nr false, a verdict must go agaift i t Inc; for I wiz deprived of the means which a civil action would have given toe of proving the truth of the alleged libel." it was for th,is reasons therefore, that the Learned Sergetnt had always considered alid best, the rirltPit manly, and most effectual mode, was to brink O civil action, because, if the defendant had done no mere %au wilt lie was justified. in doing, the plaintiff would find in, the truth of the charge, the be s t an swer that could be given to the acticio. ;t was for this moon, therefore, that the plaintiff had broUght heft cause before the Jury to-day ; and ha challenged the defendant to make good the charge, and prove the truth of that lu - :putatioo which laid so heavy upon his moral as well as his political character. With respect to the parties to the cause, the plaintiff was a natiie of Gnittentala, but t'te Learned Sergeant did not suppose, that, be cause his client was a foreigner, he would in a British Court of Justice have miter than British justice administered to him; and he hoped and felt assured that the weight of their verdict would fall where it ought to fall. The plaintiff was the accredited Envoy! Extraordinary and Minister Plenipotentiary from Chili. With respect to the defendant, lie need hardly mention his name, being so well known as the proprietor of the Morning. Chronicle, in which paper the libel appeared on the 24th of July last. The Learned Sergeant had no difficulty in admitting that it was, in general, a journal as free from paragraphs of a libellous nature as any that: wars published, and i t h a d wide and extensive circulation • and the defend an t t o ld them that his paper wa s not c on fi ne d to British readers, but had circulation in every Court and Slate in Europe. The injury, therefore: had been circulated as far es the piper extended. At a moment of time when a country that was just emerging frum darkness to light, and seeking assistance from all, it was natural fur a country so circumstanced to feel eeutely any thing that was injurious to the dawn of their liberty. The libel purported to be a comment upon part of' a speech made by a most able S.atesmsit (Mr. Canning) iu the House of Commdna; but they would find that the 'wench had nothing whatever to do with the Chllian lose. He would just read what that extract eras:— " Be (Mr. Cann'no had an additions! reason to regret the Hon. Gentleman's absence, as he understood that he had alluded to another transaction, in which a gentleman in partnership with a commercial house in the city had been appointed Consul-General for a foreign State, and had called on hint for the purpose of enter ing into a discussion of a very impo Cant question. lie, however, positively refused to listen to hint. o: even to see him again in that capacity, such a discretion on his part being nothing more than acting on a principle, that every rittintry has a right to refute cc ace pt the Ambassadors sent to it. The new State might certainly permst in the course it had adoptel. but it was very mad if Eng lan I was to be forced to descend from the high grout don which It stood." This was a speech which every man who felt warmly for Rte interest of his country could not but applaud to the very echo that should applaud again. For he was one who, though not as politician, thought that the line of conduct pursued towards the rew Staten of A merica weeniest discreet, moat honnutable. and mos; wise, and that did honour to the administration and to the big:. character of the country. Had Mr. Canning acted otherwise than unon a atict neutrality, it would have beenlike the Gaol throwing hi. sword into the scale to adjust the balance of the contending pa ties. It woad have been lcr m n 1 to have interfered between the present State and the S. wit Americans at that nennent, and therefore he approved of what was stated in this extract. Upon h s tpre. h e one the libel, w:tich certainly was more offenelve, fie anplytng to another party, that was to the Consul General of B coos Are., Mr. Hullett, than to the p'a ntiff. but their name; were so inseparably mixed up in Via pare: that it was impossible not to ment on that gentleman's name. The libel began thus— '' Every thing conincted with the we'Lbeirg of South America is to interesting to England and the world at large, that I hope, Mr. Editor, you will permit me, through the medluen of your widely circulated journal, to say a word or two on the South Ame rican Government, alluded to by Cannat!, which j shall do respectfully, end in a spirit of good will. The appointment of a Consul from one State to another may be accidental, sp tar as regards qualifications in the person employed; the inaptness of a public servant cannot, in such a case, be charge.. able on his employers." Upon thin passage the Learned Sergeant could make no objection. If the thing is done in the true spirit of candour by an editor who had no purpose to serve, no passion to Indulge, no party spleen to gratify, this was note roantry to be cooped in with feetielinus punctilios. Re would say, "be to our retina a little blind, and to our virtues very kind." But when they went beyond a certain line, it was necessary not to let it pass by unnoticed, in order that the British might be restrain ed within wholesome limits, and yield proper food for the u holding the true health of ills country. It went on to saY, " But the person alluded to was met in the first appease* to Downing-street by a peremptory answer from the Secre tary of Foreign Affairs, and in a way to preAude a hope of being 'received at any future period." The writer was a false prophet. Mr. Canning never meant to say there were no hopel ; but this did not apply to the plaintiff. The libel proceeded:— " Now I beg leave to ask the gentlemen of the EasentiveAdint nlatration of the South American Government who appointed the Consul-General, whether, on recessing information of what had passed in London, they have dismissed and removed this. noxious agent of theirs from the eyes of the British Nista.* ? If they have not done this, and promptly too, they me, to say the lean of them, unfit for the places they till; nay, they lay themselves open to the insinuations of their political ceponenta, that they connive at the mod-practices of their agents in Europe; and that the gentlemen on the other side of the water have a linger in the spoils of Throgtnorton-street." This was only introductory matter : he now came to the paragraph containing the libel in ques tion. " I would ask another question, not irrelevant on the present occasion, why did the appointment of Consul-General to England fall on the person alluded to ? It could not surely be owing to any approbation of his conduce in meddling with the affairs of a neigh bouring State. which State, without being in want of money, nor even asking for it, this London agent saddles with a debt of Otte million of pounds taken out of their pockets, for the benefit, in reality, of himself and the creole Spaniard [that was the plaintiff], who acted the part of Plenipo: to the Stock Exchange in that drama. The latter worthy lost to time in transferring Mower, together with '240,0001. of John Bull's money, to Paris, Where he now out-tops princes in his style of living." This, the learned Sergeant observed, required no inttendo as to whether it was to attack the moral character of the pleintitf or not. The im. putation was applied clear and direct. What was it that this infant state had done ? No mote nor less than to endearoor set raise a loan to relieve its distress ; and it was for this the diendant bad slandered it. Every body knew what was meant by the words acted the Plenipo. It wets meant to convey that it wan not tree the plaintiff was ever authorised to negotiate a loan. " The latter worthy" was a phrase well understood. The were various ways of libelling a man, and the Morning Chronicle had the happy mode ea' running down a character by calling the per•on "a worthy." They could not have given it more to the life it' they lead been speaking of a common swindler. lie could not conceive a move_ iglus imputation than title. 'fhe libel then proceeded :—•• Timis Dom rious transaction, that will occupy a prominent place In the Oath of stock-jobbingfrated, ought to have warned the official men Of the South American State alluded to in Mr. Canning's *pooch agelalet unsling the management of their affairs in England to the same heads; but they have determined otherwise, and bete are the consequences of their acting in contempt of public opinion. I write this, not for the English readers of the Chrowiek. 143 for the South Americans; they will not be at a loge to sup ply the names here omitted. If the people of the New Stavy do not check the growing corruption of men who get hold a 4 the reins of Government, and impose a real responsibility oar their public servants, it requires no great power of divination he forte) that the whole continent of Spanish America will soon tali into a state of anarchy and incorrigible barbarism. I shall conelod• by saying, that Mr. Canning has here given In an earnest of his attention to South American affairs, and that he takes a sOrrert view of men and things in that part of the world." Would tan anybody suppose that Mr. Canning had given this gentleman the same character which this person had done ? But that emit:nate Statesman had not in any one point spoken a word derogatory either of the peoplep who sent the Minister, or the person whom they had sent, flie Learned Sergeant then adverted to the da• tandem's plea of justification, and said it was 110 more a justWO lion than light was darkness. The object of this action was the arindication of the plaintsfra character. The Learned Counaet then proceeded to state the facts which would be given in evidence Ise to the mission of the plaintiff from Chili tp this country a and noticed the authority with which he was invested fee raisin, a loan which was effected in 1822. But the libel appeared dire; peaty after; the nature of which was only calculated to depress spa Mods, and the writer could nut, therefore, be considered in ryndei fmg any service to this country either at home or abroad; and that - brought his motive into saspicion, and to justify the opiniowth a s it was a meat unworthy one. The whole that was done by tee plaintiff' was subsequently ratified by his Government. The 'IWO of the money was properly appropriated. All but 62,0fitIL of Ow 675,0004 that was raised was • remitted to Chili, and the plaintiff with part of the 62,000 i. purchased a ship and paid sateen!., so that on the balance of his accounts there remained due to him 11.0001. The Learned Sergeant then adverted to aa article in the Morning Chronicle of the 14th Instant, at which the defendant had again commented on the charactes of the plaintiff and had very greatly aggravated the sear against hint ; in which he runutted the character of a judge. and actually tried and arraigned the plaintiff.. just upon the eve of this cause being heard. The object of the writer was obviously to prejudice the minds of the Jury. lie, by tilts article, told his readers that he should experienee great diffi culty in making out his justification, and therefore wUhest this principle of British law to he established, that he sad 'a right to denounce any statement any man made, and then, in the event of an aCtifill.. that he had a right to call any person to prase the tru 13 of that statement. It was quite impossible that this gam of thug * a veTrdhicetTslywoaruldderealer o bject e c c h t ar o Lt the rr : weoht:ldtobehapeemitted gu s h ve and art hint areas zht in the eyes of the Englisl. readers of-the iforeare eauattriele, as well as in the eyes of all its other readers to Europe. • lieu Garcia del Rhea examined by Mr. 'TINDAL —1 *ay Yoder-Secretary of State in Chili at one time, and can acoueioted ' plainti ff . • left 1818. I arrfired iy acted its'Mt a the tiMe with the who . .. Chili in December t. EnAlind about three years ago. The plaintiff hu ulster Plenipotentiary tr. this country during some part of I hare been here. • Tito I.oeD Cumr Jur"tce observed, that be did not keg. s hat was tLeaat by a penua act;.ng 1:t the character u' Xcati* AL I ~ 1 ; i .'.. , 1 ti . ~. , i 4 .4 .0 I . t : • . . C I . . , I • I r k , 1 t • I I • 1 • 1, ' • I • . 1 , 1 f . , ••., . ' le I . 1 , I i . • . . 1' 6 • 41 ' 1 ip , ~ , 1 , .I 1 f ~. -.. . t - ! t i 1 i i . ,I 1 t . 1 ' ! I 1 1 . 1 , . . • • .$)1 . t i ' ' , ~ . .. ~ . , 3 i