The British Press; or, Morning Literary Advertiser. — London, England, 1824-12-21 00:00:00

I OP MR. PIIT'S 1aR771-D.1)". al ov.. 1.20 ;..••• •iiiie•non nr the !irst I ..sand nil. Tits, ill this ...ty and the surrounding districts, NA M 'lie Town all here, it: ()id rto e:mitecinorate bi rt h -illy of MT. I'M, a name sa j:!stly dear to • very , on, An d so anti so strew gly cherished, his eonntrl• The slav " . " 4 lio , o the Vtith of I the teal birth-day of this celebrated S , ctintitan, to „insect period, as •tior • c.nvcne lit for those gentlemen h o have to am nil their l'ariiauit litory but who are 6 anxious to pay a tribute of respect to tile memory of .e illustrious dead. m u clod the company sat down to an excellent ' D eer, Henry Mont , :ill, Es.;. of Car: tairs, ALI'. in the and Sann:el Bunter. Esq. ()Amin. r, in the room tfilliam Rose Robiiisoa, Shi tAT-Pepitto, who, we vet to learn, wus t iely ill yest• Way. fly Chairman sac sir•!.. , r.ed by tho Lord Pr o vost. M r. 'onplvil of Illytbswoo. l , )t. P.. J.lnie I. St. wart, Bait., ',petal rye, and Atat•an of Ardoeli, Al. P. swim: the (venni:, the castunituy Loyal and British 'iestituiional toasts ss, te ti with get:.: scitit and ettl'et 1113 the Chair everal op en( r.:etic speed le's err dchoerva b y ilnl;%idaa'. I the t•5,.1...r.p, was spent the oluiest cotivi% LIM y and harolocy. Sots afar ten ' c lack the litairinsti retie:::, when his place was taken by Bunter, who continued to elltultarge the duties of his re in a manner worthy of him whose tale ids and whose .emery they were met in e.letrate. .1 considerable part the company dill lint separate till a late hour. We understand that :Mr. t of Itlythitwood, M.P. Ito the Chair next year, anti the present Lord Praost Croupier.—Glaat; .ic t't.lll irr. Ike. 16. THE LATE SIR ;1 . 11.1.1.111 LE 'VON. Sir William Lemon closed his long and honourable life Carclew, on Saturday last; liayitut represented the ,tity of Cornwall in twelve succeseive Parlirinee.ra, during periiid of half a centuiy, and bring at the time of his ah the father of the house of CJtru. , nis. Sir William Lemon teas born llotoi or 6, 1748; first t oed in rarliainent in 11td ; was ere:at d a B court, AI iy 173, and was returned fix t' comity of (•ornwall, after avere contest, at the pme rat clam in the same year; niece which time he uninu rro; t. tits represented the county until his death, which tc k as alrrudy stated, on Seaday, December 11, 1821. Though be was, for sonie One, in rather a declining caw of health, the dissolution of the venerable Baronet was limit apprehended to be near; he dined with his family and rode out in the carrialw the day Vore lie died. Sir William is sueco tied in his title and orans by his only son, now Sir Charles Lemon, who is at pr tent at Nice. Sur William Lemon, as a public man, was neither an orator, nor, in the vulgar acerptstion of the term, a stats- Dna. But be was far better, and far more than dust.: for half a century he exhibited, in hia pure and unspotted ex- Ample, a rare combination of public and private virtue. In private life he was, in the truest sense of the words, a good non; in public life (and in the etitiiiia:ion equally of those oho agreed with bum, and of those who differed tent him in opinion), an exc. Bent citizen and patriot. Perhaps the lot, becaluss the justest eulogy, which eau be pronounced upon him, is. that the sarcastic d. scription once given of :he late Mr. Pitt, by a political opponent, when v.:versed, optics to Sir WM. Lemon. It was said of Mr. Pitt, that lir had taken more from the libs•rties, and added more to burdens of his country, than any former Alinister. It t•ir Win. Lemon's undeniable praise. that every vote shish he gave hall for its object to uphold the liberties and to diminish the burdens of his country. Ile is now asso clted aids those eminent and excellent persons, whose prin ciples he professed, and in whose footstep,' h.- trod. Ile was 3 %I'M:, after the model of Lord Somers ; a Reformer, upon ii views and principles of n r t:,orge Savile. Two gentlemen arc tallied of as competitors for the honour of succeeding him, Sir Richard Vyvyan and Mr. fendarves. With the former gentleman and his preten tious we profess ourselves unacquainted. Ile is a gentleman of fortune and birth, and be ban the r: potation of being impectattle iu private life. t )1 . Mr. Tidal's(' and his pre- I .:capons it is perhaps unnecessary that we should declare Or opinion. Cputt the present occasion, indeed, lie is per ma less connected with us than in any former instance public life. lie is Isms:tilt forward as a candidate t*'r. representation of the county, upon grounds entirely disicc.from the political opinions n hielt he has hereto fore P , Z4 Ned, and which were the foundation on which this i9:o . er was established: and by a body of ger tit men , kuile o f whom are opposed to, and others unconnected rah, the cause of Parliamentary Reform. But en what urr grolnill, and by whatever parties, Mr. Pendaryes shall loat4;lit forward, a: we are assured that he will, if re tunietl to Parliament, he found the same temperate but tea niend to a It-form in the R:prementation, that lie pro -1.•,..11 on all occasions, out of it—he is entitled to. and he aull hare, our last assistance and support. — West If, Rot. NATI! or WILLIAM MAIVIADUCti SELLON. ESQ.— At half-feat three o'clock on Sunday afti moon, this gen tl•roan. who officiated as .Nlagistrate at the Hatton Garden Oflie;., fur a civet number of years, died at his nurtinents in the °dice, in the sixty-fifth year of his age. canplaint was an asthma, originating from a cold ; lie hail hem confined to his room about s fortnight, and ap rcued aware of his approaching dissolution. lie retained his faculties to the last. 11.2 was surrounded at his death wife, sons, daugleets, and Ids brother, Mr. Ser pant SOlon, also a Magistrate of this offie". Mr. Silon less a County Magistrate, and Chairman of the Committee crib! House of Correction, and filled many situations in C unity of Be was a man of a mild and r.mle disposition, a subserib.•r to many charitable institu i!ons, and will be deeply lamented by all who had the plea tart of his acquaintance. Died. on the 13th instant, in the fi34l year of his Dv, 11r. Francis Bli.set, eomed'an, many years one of the most popular acto sof the Bath 'Theatre. R....arly half a century has elarwil since Mr. IllisAct, accompanied by the late highly- eo cited Mr. Dimond. made his first appearance in thiscity, :rout that time till the termination of his pro . carter, and respectability secured to hint the actor's best reward—the favour of the public. le. 1;:4. ha made his 404./ before 3 London audiance, at the Haymarket Theatre. and acted there several summers. un -11,7 the manageolent of the elder Colman. After a lapse years, lie again essayed his fortune in the metropolis, al was very favourably received ; but being then tore than 60 years of age, the bustle of London ill accorded wrh his habits, and lie returned to his friends and patrons, kinthiess followed him till his retirement front pub lic lire about ten or twelve years since. (Jul age and in :,ritity of late made him i recluse, but a small circle of ancient friends survive, who regarded him living, and re wet him dead.—Both Journal. .... . Tier.. was married at St. Andrew's Church, a few since, a man named John llawkens, a watcnnan tho; town, aged ab'Jut 55, to Margery Chileot, 45. It ; 7 35: the s econ d t i me t h e britlegrootu fad taken the noose, r!le fourth time that the loving bride hail Item led to the fair bride-mahl who attended the yontliful (~ I rp!e had also run the gauntlet four times, and was look -11:e out for a fifth ! and the person who gave the blushing e:ratere away, or erdiet, stood father, had woven the sillsu lf four times ; these two couple had therefore gllici. ll :Y ‘l..ited llyinen's Temple fourteen times !! !—Derow Pap r. 1 Dory striking and well-finished portrait of Tandy, !s nreards of a century old, and resides at Hill, has • ti taken by Air. Palrei r, a celebrated artist in this town. 1 ..e1.!y was a soldier in the Ilurse-enarde, and was am o ng 1 .1.! troop whom Lord George aekville kept back frein SAting at the battle of Minden. At the battle of It - shore!) 11" L Yt ar. lie received two severe sabre cuts, and being .ritst through the hotly by a lance, and both his legs broken. was left for dead. (In his recovery, lie served mars' years in the Ft tat-guards. A memoir, stating these an fact'. attac , ed the notice of his Royal Ilighircs % the Dlik•-• of Gloucester, who pr.sented the old man with wilt a poise of twenty guineas, and ordered his portrait to hr tiken.—Suulletinet,n Herald!. Nssm. Across ,1E X 6.—eapttlill RAW(1011 Maclean, of the BustarJ, to the Coronation, vice Stopford. deceased ; W• S. Arthur, to the rack of Commander, red to the Bustard ; Lieutenant F. Stephenson to he Flag Lieutenant to Sir L. Halsted ; Lieutenant J. D'llrien, to "I:neeltle schooaer ; Lieutenant E. Hillman to the r;ee Colpoys. LA IV INTFLI.IGENCE. COURT OF CILINCERY, ZIONDAT, DEC fe. AIIZENETIIY r. KNIGHT, LACEY ♦ AND AROTIIER. Thy LOKII CHANCELLOR, 011 coining into ('our:, incin:rrd whether the piaintiWoold produce any papers as to the point be mentioned on SAtiir.lar. • Mr. Honor believed that no such papers were ready to be produced._ The Solicitor for the plaintiff, in the absence of his Counsel (the Solicitor-(ieneral and Mr. Rose), produced a book, which he said was a envy from which Mr. Abernethy had read his lectures. Mr. lion N E would not allow such a book to be received, unless it was reritied by affidavit. The rolicito► said that this was the first time that he had heard that an atßavit was necessary ; and Mr. Abernethy did not know that it would have been required, or de would have been provided with it. The Lout) enaNCV.I.T.Oa stated that although he had not el preraly said that an affidavit was necessary, yet he coneVred that from what had fallen from him it would have been inferred. che ordinary practice was, in put In the ofigioal work and the piratirsl ropy. accompanied by an affidavit in support of them. He had all.wed Mr. Abernethy abundsnt time to consult his legal adviser., and he supposed that an affidavit would have been tiled by that time. • The Snliritor requested his lawdahip to advise him as to the manner in which such affidavit should he drawn up. Mr Hoax.: obyyteil to this, as the plaintiff' must met for him. sell, and it would be irregular toe the Court to give him any in formation. The LORD CWAWCELLOR said that he felt obliged to Mr. Horne for has interposition; he waa constantly applied to for such advice, and as couatantly tawupelled to refuse it. lie had read all the paper» in Obia ease, and he ahould be prepared to give him udg. theist upon it as loon as the allisl twit referred to had been put in. VICk:-CILINCELLOR'S CI MoxnAT, Dic. 1'). WALPOLE V. EVERT A:CO COMPANY. The Soctetlna-BExeeat. applied 1 7 or the dissolving of at. in jur.ctivn. The cirntnts:anccs of the case were as follows:—The plaintiff had jointly with 3lr. 3lninwating, the receiver for the county of Middlesex, passed a bond to defendants, as security for the teceiver tOr 2.2004 The emrtitirenttion to be assigned to Mr. Alaiawaring as counter-security was 1$ shares in the Bayswater Company. The bond was passed in the year 11117. .'lr. )lain. awing. th• principal in the bond, became embarrasaerl and Red the country. The defendants took no step whatever to enfur e the payment of the bond, until • period of more than live reset had passed from its date. When ➢ayment was asked, plaintiff refusal.' and he thought himself' jtetihed and discharged front all responai bility in cons quence of the conduct of the defendants themselves. The latter nwnittenced an action on the bond, and the plaintiff liled the bill at present before the Court, and obtained an injunction to restrain them from any proceedings at law. The reasons that ie. Nueneed the plaintiff in refusing partner.' of the bond were these. Vhen Mr. Mainwaring applied to him to be security for the aunt in qu anon, the money was alleged to be wanted for the purchase of shares in the Bayswater I otupany, the security was refused to he entered into, unless the shares were lodged with the party. This Jlainwating promised should be done. Plaintiff afterwards in (tented the clerk or the defendants, that he would execute the bond, but that he would not give it up until the shares were delivered. It was however given w Mr. Mainwaring. but on condition that the shares should be deposited. Plaintiff not only never got these shares. but it was proved they were never in esistettee at all Upon this, he wrote to the defendants that he would not pay the band. lie received their answer, and this answer proved clearly they had received his letter. Ihrendants took law prom dings, a:ad brought their action. Upon the trial, the plaintiff pleaded there was no such Curmisny as the Bayswater %Yates. Company. and the opposite pang not being able to show there was, the l'hiefJustice of Com mon Pleas r.onsuited them. Upon a second trial, before Mr. Justice !harm' gh, he thought differently, and was of opinion that the recital of the bond was sufficient. and a verdict was had for the entire aunt. The plaintiff then tiled his bill and obtained an in. junction to restrain the present defendants front further proceedings. The order was gi anted. amt it was now sought to be dissolved. Mr. %VYATT 11,111 , 11 ed. Mr.HEALD was proceeding to address the Court on the other side, when Ills Boitor R said, with retard to the injunction, the original matter watt tried at law, and the Court in its judgment should not tourer itself to be influenced, wt to any point that had or might have been decided at the trial. I'pon every consideration of this description the Court was entirely concluded. The baud was for 2.200 i. The money it was said was fur the purchase of shares in the Bayswater Company. Plai n tiff 'pleads that there is no such Company. This question of the existence of the C pony, either was or might have been tried at law. The second plea advanced by the plaintiff watt, no consideration for bond. 'I his objection was precisely in the /mine situation as the former. The third plea, that though plaintiff was under a legal obligation, he was freed from it in equity by givirg notice to the opposite party . of resisting the payment. This ohjeetion was not founded either in reason or equity, as he did not tonal,/ up his objection, nor slid any thing to give it efficacy. As in the other objection, that the bond was not to he given up anti/ the shares were deposited, his Honour thought at first that this WAS entitled to 541111 C consideration. but this very matter being investi gated at law, and it being pleaded by the plaintiff, that the bend Ira.. sn flew-x, hut si hich plea was out allowed ; foe these reasons; he should dissolve the injunction. COURT OF KING'S BENCH, MoitzAy, Die. 20. &MT thr LO/tD CHIEF JUST ICI, and • Special Jzry. LI BEL. 11 311711 V. WNITE. .Me. rn ITT T opened the pleadings. Mr. fit•asEs stated, that this wits enaction brought by the plain tiff to recover compensation in damages for a libel published by the defendant. in a weekly newsparer,eilled the Indian Observer, on the 211 February, in this year. The plaintiff was a gentleman well. known in the trade to the East Indies, being the Master of one of the Company's ships, and the defendant hail been a Captain in the East I num Company's service fur some years. The defendant, on his return to this country, thought proper to establish • newspaper, and in tho cleave of its management also thought limiter to publish of the plaintiff a very foul, a very false, and certainly a very scanda lous libel. A paragraph hail appeared in some of the daily papers. that the present plaintiff, and another East India l'aptatn, had atken their leave at the India house, pr.r,aratory to their sailing for :heir par:ieular destinations ; and out of this simple paragraph anise the libel of which the plaintiff now very properly complained, and for which tin sought a compensation in damages. The libel srt out. that there could be no doubt as to the vessels proceeding to ' Ir.diahaviog a prosperous voyage, as they were both well found, and so far certainly the passengers who were on board then, might reach their destination • ith safety. Rut for what reason the present plaintiff could have been entrusted with a command, they could n..t vontrohentl, especially as his defence to an action for cruelty bail bee,. his temporary insanity. This being the case, the writer of the Uhel expressed a hope that the ship would be provided with a subleient number of straight waistcoats ; that dry would not be ni;gsrdly of their use, should they be titund necessary, during the voyage, and that the Chief Mate should have power to carry this desi.krainto into the speediest effect. That such an imputation was a libel no rational man could doubt ; and, indeed, he au at a lies to conjecture what defence his ingenious and Learned young Iriends coehl he able to offs for their client. As soon, however, as the plaintiff saw the libel, he immediately gave directions to institute these proceedings, and in so doing the Jury, by and by, would say, by their verdict, that be bail acted most properly. Peat tot only slid this libel wound the feelings and insult the honour of a most respectable gentleman; but it also tended titre( tinily to injure his trading interests, as it must be well known to the ,fury that is great source of the entoluniems of masters in the last India trade, arose front the passengers whom they conveyed art aid from India • and e'er .nOl tin imputation, who wouldin trust his life wit h the plaintiff; until at least he had bought his accuser to admit his accusation grouudleas, and had punished him tor having made it? A person front the Stamp-office proved that the defendant was a proprietor of the Indian flheryler. (*nisi-examined by Mr. 'fa I.r ouno.-1 have heard that thepaper is discontinues, ; but I do not know it of my own knowledge. Here the lihel, as contained in the 11th number of the paper, was put in and road. Gebri.:e Taylor, examined—The ship, %Villiam Faith., of which the plaintiff was commander, sailed in the month of March last for Madras and China. Cross-examined by Mr. CANItnitiTON--a dOlll know that the ship held a full co.uplenurat of passengers. I catuot swear tha she had r had not. 31r. TA isouutt addressed the Jury for the defendant, and ob. served, that the Itha I, for such he must admit it to be, had not pro tee if from malice or liad.heartedners on the part of the defendant. but from some misrepresentation, from sonic one of those thousand other causes sod mmivn, which were as various ma rent natures. There was. indeed, the less proof of malice in this case. as a charge of insanity was much more likely to arouse the sympa thy of mankind than to excite any hostile feeling. Such a charge could nut affect the character of the . plaintiff, because in the first place it was made in an obscure journal, which had Ling since perished, and also as the charge was wade before hundreds on board the ship, who could in the most ample manner refute it. No damages was hid or proved, no justification was pleaded on the part of the defendant. and under such circumstances, the must trilling damages would satisfy the justice of the case. The Lotto 1 ittEr JUSTICE said, he was clearly of opinion that time label proceeded from the indisposition of some one to the plaintiff, whether a similar disponitiun (lid or did nut influence the defendant in its publication. No special damage, however, was proved, and that would he worthy the co nsideratiou of the Jury. Verdict Mc the plaintiff. l'atuages —Two Hundred and Fifty Pounds. OBSTIWCTION OF A IVATER-COURSE. r. SMITH. _ Mr. Cows . g opened the pleadings. Mr. Grills': v stated, this was an action brought by the plaintiff, General Arabin. residing at Itrayton, against the defendant, a miller, residing in the same neighbourhood. On these premises General Arabia had an old family mansion, of great extent and antiquity, it b:iog built in the reign of Eilwanl 11. To this man sion were attarhe.l two ponds, fun the supply of wster for domestic perposes as well as to ?awl, fish ; and these ponds were supplied fre..n ftedi springs, wlit.:h had been diverted front this purpose for the rte or, benull. The result was, that the supply of water be_ stag drained ott, the ponds b4canic stagnstcd, and the bout: of the THE BRITISH PRESS. platnutitleprired of the water neeeputry for dolneatle uses. He I ronittl call witrorwa to prove the •uppty of the ponds for a period of 70 le is till tlivrrted hr the act of the defendant, and then he would he cm itird In a rer,l;et. . . swift eamoined by Lir. Contre—lle knew the ponds in noes:too well ::.e kr.ott coon upward! , of 73 years an and then thcs were always well suppittil aith fresh aster. The thin was DM supplied from the sank al, :nes. Trainees a:mired—He knew the ponds for a r ^riod of 57 trim and corroborated the last witness. Ni•he other MiIiNIMCI were also examined for the plaintitr but no paw ire obstruction was uncial to the defendant, although it was ad mitted that an ohs:ruction had taken place. A Rule of Court, in the case of Ara Lin and °rectal:ld, was put in and read. . . Mt. SCAR LIF:TT objected to hit being received as evidence in this ease. Greenfield being no party on this record. The Loan ("ntrr Jitartcr:—This obstruction is said to he made with the defendant's perinission ; Greenfield was his prede cessor, and this order may be odder= by and by. We shall see how that is. James flaylis was the attesting witness to an award in the care of Aesbin and Greenfield in lone, 1131. The arbitrator awarded M. to the plaintiff, and made an order that all other damages to the banka, dykes., and ponds, shmitl be made good at the defen. dant's expense. within two nion,hs. The Loan Lnitr t•Frien—What act have you proved to he done by the defendant or by his onler ? I think the proof very loose and vague. 31r. t• ax ET —One of the witneres, my Lord, proved that the ditch was tilled up by defendant's orders, which act injured our water in the ponds. 31r. SCARLET T—lndeed you bars no such eviArace, and I'll prove the etattrary. The loan Cuter Jt;sTter, in looking over his notes said, there was so • e plight evidence, and t,"lred the case to go en. Mr. SLtNI.ETT addressed the Jury for the defendant. and called Thomas !toffs. Ile aas the occupier of the defendant's mill forty years ago, and the co r:c of the water to the mill (though once altered during that time). nut now as it was at that period. In 1821, when Cameral Ambit' ordered alterations to be made, witness gave counter-unit:is, at tLe express request of his landlord. The Loan CHlrr Jr/ITICZ--If this witness ordered the place to be tilled up, you ran have nommen against the present dtfet d. and. Let the plaintiff he called. Ilnring the progrem of 11161(2nm. which lasted till half past two eckek, the C.itrt recommended the matter to be left to sante gentleman who was acquainted with the lor:.1 siquition of the places in quetlion • but it wta not arced to on tither side. The Earl of Verulaut and Lord Dares were uo the Beoch the greater put of the day. STOurt V. Roox. Mr. Brtongn telt opened the pleadings, and stated that this was an Mut directett by the Court of King's Beech, to try whether the Pplaint or the defetidynt. had a right to the office of Clerk of the eace for the county of llerford. Mr. Alannyac 'toyed the ease to the .Jury. It appeared that Mr. Ronk, sen., the father of the defendant, bad held the office of Clerk of the Peace rot the coCniy of fleytforcl, either as principal or deputy, for forty years. lie became at length, in 1013, very aged and ill ; the late Marquis of Salisbury, the then Lord Lieu tenant of the county, therefore advised him to resign his situation in favour of his son ; but without any ec-aigration having taken place, Mr. Rook, jun. was appointed to the office. Subsequently Mr. Rook, sen. recovered, and he ran:Muni to exercise the duties of his office as until until his death. It would be proved in evi dence. that none of the ol&aal duties were performed by the am ; that all deetiments were signed by the father, except a few in the year 1313, that were not signed at all ; and that the defendant con tinued after 1813 to exercise his proferainn as an attorney, which would have been illegal had he been the bona _Mr Clerk of the Peace. In (ctober. 1823. Mr. Rook, the father, died, and Lard Verulam, then Lord Lieutenant of the county, appointed the plaintiff, Mr. Story, to mimed him. Mr. Rook, jun. resisted this appointment, on the grounds before stated. Rot it would be shown, that tin writtett surrender had been made by the father, although he t Mr. Mirryat) believed that some conversation would be adduced, in proof that there had been a parole. fleorge Falwerds produced the appointment of the plaintiff' to the office of Clerk of the Prate. and proved the hand-writing of Lord Verulam. It war dated 9th November, 11:=. Also several letters from hie larolship and Mr. Rook, jun. on the subject in dispute. Winless had searched for a deputation fmnt Rook, see, to Rook. jun.. but could not find any. Had seen an entry of the oath sulminirtered to Rook, jun. A number of witnesses were then examined, to prove that all the official ditties of the Clerk of the Pence had been performed by Mr. Ronk, sett., without nny interference on the part of the son. Mr. SCAILLETT, for thedefenee, said heshooki prove, that when, in 1813, air. Rook, the father, was ill, the Marquis of Salisbury sent for him, and requested he would reiriien. promising to give his place to the son. The father did, .herefore, resign. Whether such resignation was made by mite I. must be always unknown, but it was very probable that ea the death of Lord Salisbury. if such a deed had existed, it was destroyed, or laid by, by his Lotdship, in some old coffer. (Me witness stated Ida undemanding that since the year 1813, Mr. Itotik, jun. had been the Clerk of the l'esee de jure, but he would contend that he held the office &facto. The younger Alr. Rook was appointed by the late Marquis of S•lisbury, and was subsequently sworn into office Rs Clerk of the Pear. It was not a question whether the father after his recovery returned to his 0111 duties, but the question was, whether he had a right so to do. Suppose the son dad allow the father to perform these duties and to receive all the fees, did this make the appointment void? Neat not the eller have entered into partnership with the younger, and agreed to penitent the dating of the office ? The Marquis of Salisbury being dead, it was a hard thing thing to call upon the son. who had held the office since 1813, to prove that a deed bad been executed, or to resign. Several witnesses were then called to tame that Mr. Rook. the edger, hal resigned hie office only in coraideration that it should be gi ten to his son; that Messrs. Rook. sen. and jun., had each acted as Clerk of the Peace, arid had each signed documents to that effect since 11113 ; and that the defendant hail not after that period transacted h o liness as an attorney. _ . . Mr. MAaaYAT was heard in reply. Ile contended that the son was only assisting the father during his illness, and was not acting as Clerk of the Peace. If the son had died first, by what testimony. be would ask, could the father have been removed from the office t It was el.nr that all the sutstantial business of the county was transacted by the father. And if ao, what was then to prove, that if the Lin had died heat the Lard Lieutenant would have been authorised in sa)ing there was a vacancy in the ofike ? The Lotto CHIEF it:evict in summing up the evidence, left it to the Jury to d .tide whether Rook, the tither, did resign his office as Clerk of the Peace; and if eei whether he did it iu favour of his ono. The Jury returned a verdict for the plaintiff; thus confirming the appointment of Lord Verulacn. COURT OF COMMON PLEAS. 01:11.nicALL, Mostimy, PEctxrEa 20. tx:fine Chief Justice BEST axd a Special Jury. noinsson v. 0110,E. Mr. SiTrelMt VAITG II AN edareitsed the Jury On the part of the plaintiff. This was as action brought by a well-known and must respectable merchant, to recover compensation in damages for an assault committed on him by the defendant. Ile owed to himself, to his friends, and to the country, to seek this mode of reparation for the twofold injury he had .ustained—an a:tack upon his charac ter and an assault on his person. There was no more important function which a Jury could be called upon to exercise, than in muting down and punishing those who transgressed in the way that the present def.:aslant had done, by forgetting the conduct they ought, as becomes them as merchants aria as gentlemen, to pursue. It happened that in August last, Mr. Ooltismitl . had oeca sinn to go to Paris. to negociate there for the eontinnatum of the Spanish Loon, or on some other business, which it was not ma terial now to consoler. Accordingly lie went to lirighton on the 13th of August, to take leave of his family. The defendant there called upon Ann, and requested to take part in the negotiation. The conversation that passed there between them the plaintiff' re. served to him mi self the vilege of publishing whenever he might think proper. On that occasion the defendant expressed a desire to be intnalueed ton Mr. flatly, and, agreeably to his desire, Mr. tialdsinid introduced him to that gentleman on his return to town. 3lr. Goidsmid told alr. Itsily what had passed between him and the defendant, and the statentent which he made was afterwards admitted by the defendant to be correct. Shortly subsequent to this, the plaintiff went to Paris, and returned in fourteen days t he saw nothing of the defendant for two moths after his return. The first time that he saw him after his return was on the lOth of ()ma. be. As Mr. (colds: rid was going into the Stork Exchaage, through Shorter's-alley, he saw the defendant coming towards him. who asked some explanation of what lie (the plaintiff) had said of him. Ile commenced immediately to use warn and even abusive language, shook his umbrella over him, and told him he knew what that meant. 'lr. lioldamiti. as throughout this husincat, acted with perfect propriety : he told hint thsr, after what had pasted at Paris, lie could not, as a gentleman, go out to tercet hint. [The Learned Sergeant here de , ,dled the circumstances of the as sank as suhsequently described by the witnesses.) After this in. suit, inflicted at the entrance of the Stock Exchange, on the very threshold of tile sanctuary of commerce—at a place anti at an hour when it was the mart of the merchants of the city, what course was left to the plaintiff hut to vindicate his character by en appeal such as he now made to a Jury of Merchants ?-11e *ought reparation from such a tribunal, who were the most appropriate arbiters to de chic on such a transaction. lie (Mr. Sergeant S sughan) hoped that their verdict would teach merchants and gentlemen how to act un. der similar circumstances in future, and to look to the laws of the country for protection from insult and outrage. The question for them to consider was, who was in the wrong ? who made the first move? The plaintiff disele , ...ed any wish for heavy damages: he only sought such damages as would mark their appnibation of 141 cundurt. and might swore to protect him from the repetition of such An injury and insult. Ile (31r. Sergeant Vaughan) apprehended that ha should not again have the opportunity of addrea.ing them. Ile , saw that a luminary front the north (Mr. Itonighant) had been engaged on this OCCIPs.OI3, and brought to enlighten their dark hemisphere. If there were any man who could . make the worse I appear the better ramie," his Learned Friend was eminently quill tied to do so. The having recourse to his Learned Friend was a proof of the weaknam of the defearlant'a ease. In eases of desperate I di/tease. extraordinary remedies were resorted to ; and as the deten r dant felt his ease to he one of that nature, he had recourse to an . extraordinary physician in his desperate emergency. The disteru. e per was tuutol so daugerow, that his Learned Frijud' s advice and assistance were found necessary to resort to. He would proceed to wi:nesscs to prone the cireitmatances as he had sulamitud them; end he felt enniiil.2 it that the Ju-y would mark Ly their verdict their approbation of his who, instead of adopting• barbarous method of appcd, pri leered a more 110,i:tit/able and proper canc— an appeal to a Jury of his I:Now-citizens. The following rite:soca were the , . called Mr. Ebenett r IlarLer examine.l—l ant aerprainted with tbe plain tiff and the deft:oda:it. I ant iu tit, habit of attending at the Stock Exchange : the pl.hitifl . there Also. On the day of the assault I was in the lobby, lead its in the Stock Exchange. The plaintiff was speaking to a gen:le:ran there when' the tiefendant came up, and shaking en umittel la over the plaintili, said, "" it you area gentleman you know alt.it is ment by that The plainiilf replied, that he It.:ew better ilia., to go ant with such n ono. Dr. timdant applied a great ma-.): abusive epithets to the plaintiff. The plaintiff s:itl, " go to Pam and see what they will say of you there." Defendant rejoined, 1 have been there, you fool." The plaintiff vine:net! hint to be aware wl.at he was about. This oft. curred in the hour of transacting public business. Many perso.' Came up, hearing there was a row. The putties were close tore: her. . . truss-examined—The first wools I heard pass between the parties were, •• if you are a gentleman you k n ow what t h at means. ' The . ...!erendant previously walked up and stook an umbrella over him. I do not know what occurred before that; I certainly heard the plaintiff Ray, " I know better than to go out with such a man as rm." 1 think " man" was the word used by the defendant. There were many n• • ',sive words on both sides; both were in a pas st-n. The defendant was noHe allusive than the plaintiff. Re-examined—The plaintiffs did not, fa iny hearing, call the de fendant any name*. Mr. IV in. fflorgon examined—l on a member of the Stock Ex change; I new the transaction. I die not stay to notice what pre cisely passed; but there was a general abuse. The quarrel must have lasted some time. The getaral ',lute wan form Mr. (troves. Cross examined-31r. (lid ismid Raid, " there is no use in my talking 'stilt you ; every hotly ki.ows what you are." I heard a great deal of abuse, btu I i!u not recollect the particulars. Mr. Jkcob Ricardoexamined —I have been subrensed hero by both parties, and have declined to give my evidence to either. I was in conversation with the plaintiff when the defendant came np. Toe defendant tint said, " I wish to have a little explanation with you at any time." or " I wish you would fix o time. "rhe tiff replied, " Well, Sir." ITe d•fendant then said, L'pon a recent occasion, roar coAuct has been anything but the conduct of a gstadcman." then said, " You are not a judge of my conduct ; and I will not put my character in competition with sours." Ido rot exactly remember what !mined afterwards, until the defendant shook hin umbrella over the plaintiff: Crop-examined—There wan a great deal of r_ermination on both sides, which lasted a entisideraWe tittle. They were not confined to Mr. Groves. Mr. Groves grew very angry in the course of the conversation. Ido not 'violent!, to have heard the plaintiff any, at an weedy part of the debate, that lie wan advised at Paris not to have any thing to say to the defendant. I cannot say that the de. tentant said Viet an explanation was nectesare, in order to remove an impression front his mind. Plaintiff might have said " Here is Mr. Ricanlio, you can say what you have to say here." Mr. BROUGHAII—)Iid not Mr. Golditirdd go behind several permits to continue the debate ? (A laugh.) Witness--I went away just at that time. Mr. BIOUGIIIAW—Vou cried " Question," having got enough of the debate, as they do elsewhere sic netinies. (Laughter.) Witness-I,e continued the argument, with the umbrella over plaintiff's head. This could not have continued lung after I left, as I saw Mr. Goldsotid a few minutes afterwards. The quarrel first began in the middle of the court. The plaintles ease closet! here. Mr. Iltotraumi rommete.d his address to the Jury; after which Mr. Serjeant Vaughan wished to call ano th er witness, Mr. tinily, to captain some circumstances out of which this assault Thz wimew was called, and proomied to n6•r an eaphination of zone circumstances that occurred Dia weeks before, relative to Mr. idautites visit to Paris. Mr. PROUCIIIA It objected to the admission of this testimony; first, as th.. plaintiff's case hid been already closed, and he had commenced his address ; and secondly. because the evidence of the transaction of six weeks previous occurrence was quite foreign to the question on which the Jury were now called upon to decide. The further evidence of Mr. Rally nas not admitted, and the beamed Gentleman proceeded in his address If his Learnt-I Friend had moved nine-tenths of the statement which he had ad dressed to the Jury, he (Mr. Brougham) would be ready to admit that then indeed, strong case had been madenut agaiaat his client ; but the evidence had not in a remote degree sustained that stattment. Inds conduct had been correct, honourable, and gentle ' manlike, would the plaintiff have acted in the manner in which he had been described by his own wite.emes to have duo". It was proved that the defendant, in a perfectly mild and gentlemanlike manner, had asked the plaintiff fur an espial, winn of what the de fendant supposed he might have said of him. The fact of his having asked him mildly for an explanation, was proved by that respectable witness, his (Mr. Brougham's) frivel-31r. Ricardo. From this, the Jury must conclude that something must have previously passed between the parties, which, from the nature of the present proceedings, was shut out from their knowledge. They could know nothing of the conduct or the expressions Mr which Mr. Grove sought an explanation. Here was a blank. which they were left to supply as they might. It had been occasioned by the proceedings which the plaintiff had thought proper to resort to. He (Mr. Brougham) had known many cases stream to the present, Its which • different mode of proceeding had been adopted. It was usual, when a person bad been insulted in this way, in which the plaintiff alleges that he has received an insult tending to a breach of the peace—to make an affidavit of the facts, to put it on the file of the Court of King's Bench, aid to apply fur a criminal information againtt the party by whom he had been insulted. There the wholecir cumstanees would appear, the depositions of both parties be received. and a decision made according to the merits of the ease; but the plaintiff had thought proper to brtrg it here, where the oath of neither of the parties could be taken, aril where he brings so much fiwwanl of the case as suits his own interest. But even when they considered the ease in its present shape, framed with all the disad . vantages to his client *filch he had submitted, what was the eon. duet of the plaintiff in the account of the trameetion as it has been detailed to them in evidence? They would find he had used lan guage of recrimination not leas gaffing than he accused the de. tenant of having used towards him. What would any one of them (the Jury) say, or how would he feel if he were to be told, as this plaintiff told his client, " You dare not show your face at Paris?" What insult timid be mice aggravated than that?? and it was here the more offensive, as it was a totally groundless and unjust aspersion on his client. This was spoken in the presence of fifty persons, aid the Jury must naturally suppose that the feelings of Air. Drove were greatly irritated at it. Another tem...ion of the plaintiff no less calculat ed to Incense the mind of Mr. Grove was, "Ask Mr. flaring what they say of ymt ?" Was that nothing ? Was it nothing, before other merchants, to call one of the leading merchants of the metropolis as a voucher of the charges he preferred against him ? These were serious charges; their malignity were concealed in their vagueness, I but although they were too vague to be answered, yet they were sufficiently particular to show that he had some reason or anthoritv for uttering and preferring them. Yet his Learned Friend would fain wish the Jury to think that the plaintiff' WAS the only offended party. Did the expressioa, "Go to Paris and hear what they say of you there." look like this. Ilia client had been there, and heard what was said of hint three by certain people ; and in ormsetpience of what he had heard, came to the plaintiff for a satisfactor ‘ ex planation, which he snpposed he might afford him. When all the rircumstanees of the case came under the dispassionate considera tion of the Jury. he was satisfied they would not regard it as one of that aggravating nature that the learned Sergeant had represent ed it to be. Although he should admit, on the part of his client, that a harsh expression had escaped hint, and therefote that aver , diet trust pass against Hill, as a matter of course, yet the damages I should be merely nominal, as no injury had been sustained by the plaintiff in the present instance. It was idle to deny that this action waft brought he the nitre purpose of making money : if not, the other course would have been resorted to, where the statement of both parties might be given CM oath, and the case ills. posed °fon its own merits. The Court of King's Bench was always ready to lend itself to the admission of a party that he had acted wrongly, and if such admission were refused, they pronounced an open and full inquiry. There it was necessary that the conduct of the prosecutor should be blameless : this wan not the present cue, where the provocation of the pLsintifFclid all but justify the con duct of the defendant. If they gave heavy damages, he was sure there was no person who would Le mote surprised at their verdict, or entertain lera respect for it. than the burned Sergeant himself. Ills Learned Friend had somewhat ur.fairly argued upon the despe rate nature of the disease under which the defendant laboured, from his having ;tune out of the way fur a physician. lle (Hr. 11.) was ready to admit he was not a regular practitioner of thst Court ; he had not graduated there. nor assumed the cap, which wan an ern ' Mem of those who had taken their degrees there. But the reason that his cliet.t selected him was, that his case was that plain simple one. that it did not require a mularly graduated Doctor to d.r.l with it, but that it would be safe in any hands. Ile was satisfied the Jury would feel it so, and that they would also feel that the charge was one, which, from the circumstances of the case, 'la megea in the most mitigated amount would amply satisfy. - - The l'it tee JUSTICE said, that aa the learned Courael who had so eloquently addressed them for the defendaue, had admitted ' the assault, it was not necessary for him to offer any obierrations upon that subject, so he would confine himself to the cansii!eration of the damages which they might think ought to be awarded to the plaintiff under the circumstances of the case. Front the farce and ability with which the learned Conned dwelt upon one point (as indeed he did upon all points he undertook to disease'. namely. the propriety of havitig this can brought b fire the King's nencli. where all ihr facts out of which this action mote, might be de yalopetl, he thought it right to remind the Jury, that the Learned Counsel had been himself principally instrumental, in haring these farts submitted to them, as he .topped one of the witnesses (Mr. who was about to detail them. .tnother reason why he thought this a preferable tribunal to try a case of this kind was, that os the transaction occurred in the city, a Jury of London flier. chants was the most satisfactory tribunal to dispose of it The damages i*.ley would award should be moderate—sulficient to off the disgr.re the plaintiff had sustained, and sufficient to signify their approbation of his basin" made this appeal fur redress to the laws of the country, whereby tic consulted what was due to his own character, rather than that other senseless one, that shows bin the possession of one quality. which a man may possess in tl:e absence of every other cielcUlatri to reader him rithcr amiable ur respectable. The Jury consulted togethar for a few cai . .!ut!s, ar.l re:Lane:la verdizt —Damages, LO:y ECONDARIES' OFFICE, COLCMAN-STRICT. innu T, ASSIONTI: OF WHATIIIAM ACT) CO. V. en& This woman Amon brought by the plaintiff; as assignee of /inn- man and Co., who were extensive pspnr-inakets, against the de ft-Want, to recover the sum o( 221. la. IthL toe goods mold and dc • W. I'Mnahl deposed, that he had been book-keeper to the batik mpts, and M.:: the entry in the ledger was In his hand.writing, and it there appeared that the balance due to the estate was 22!. is. 10d. Ihroza-I•iwkater —The entry in the book is net sufficient to satisfy me or the minds of the Jury ; you are bound to prove the de livery of the goods. ti ithess-1 assisted In packing them, also In delivering them at the roach °See. .... U it it -Sri ta t rr—That is hardly sufficient proof. Mr. Itanitou. the attorney for the assignees, stated that he had corresponded with Mr. Taylor, the defendant's attorney, sines the action had been brought, and reed several letters which he bad received, wherein Mr. Taylor Informed hits of the defendant's in ability to pay, his affairs being in •ileranged state, but that he would send him in a few days a cavity of the balance sheet, which he had sitter received, and now produced in evidence, wherein it was ad mitted that an account of 22 - 1. was due to the bankrupts' mate_ and proposing to pay 10s. in the pound. Under these circumstance., the Jury fmtnd a Yerditt for the plaintiff: 'MYATT V. DAVTES. This was an action brought by the plaintiff to recover SI. 10v. being the value of one pair of trousers end two waistcoats. It appeared that the plaintiff delivered the goods on the 27th e September, in the pre-ent year, and shortly afterwords brought h., action against the defendant. The delivery and value of the poodawere proved. The. Jury, nude: 'lane circumstances, found a verdict for tho plaintiff. INSOLVENT DERTORg' COURT, MoiinAT, Dxd. 10. The followin , Insolvents were declared enetied to their dis charge, via. Gilbert, late of Turnhani.green, wheel wright; and Robert Put Massey, of Park-place, Po^kliana, writing master: as were Thomas howler, and Richard Eill, whose amen were investigated at a previous sitriog.. William Smith. late of Thorra.A, I:ghtermon. was de. eland to be out of ctuitody ; his r.ame was titelefort c-ssad from the muse.paper. Troutdale Dell, formerli or Eyre-street-hill, and the Commercial. road, chemenninger, was opposed by Mr. Count. t.,r a creditor of the mune of Payne. It appeared in evidenCe, that the Insolvent had borrowed 1631. of a Mr. lhawson, a silk-etereer, at Norwich, to tecure which In pare he executed an usienramt of the lease of his house in the Corn. ; and that Mr. D. was at the in:sent time carrying on the business in his own right. The Insolvent was questioned as la how he had disposed of the money so borrowed ? With a trifling exception, he accounted for it in a very satisfactory manner. The le. se war assigned in consequence of sueli advances, and was for a valuable consideration without any fraud cr collusion. Mr. Fisher, elirk to Jones and froward, prOved the money being paid by Mr. Dawson to the petitioner. Mr. Cooke contended. that the case approved a vt t. suspicion* one, and he could not help thinking that there had been a collo sion between the parties. to concert a lien to talcs tho lease of the house away from the creditors. Mr. HEATH, on the contrary, submitted, that with such evi. dence as that before the Court, it was impossible to draw such a conclusion in fairness; if, however, any doubt remained. he (Mr. Heathy would have no objection to produce an ailidarit from. Mr. Dawson, or any further cridcnce which might be deemed necessary. _ _ _ The COUIitriIOVERS conferred for a *considerable time: after which they remarked on the insolvent g omitted to pay the debt on which he was arrested ; inasmuch as. by his own showing, he had had ample means of doing so between the tii3PS of caption and surrendering to priwm. The case was then ordered .to be aljounied Mit .Ur. Dawson can be produced (row Norwich. 1 NSOLI'EN T DEBTORS. PETITIONS TO WE OE•WO AT THE COURT, IS PORTUGAL. STREIT, LIWCOLN . II.INX.PIELDIP, DEC. 32, AT RIFE. Burley, J. Birmingham. brash-maker. 11414 Margaret, 11 onlwich, spinster. Bird. W. Holland -street, Soho, timber•ilealtir. Baker, J. London-mail, St. George's Fields, poulterer. Goff; (3. Bath-buildings. itt. Luke's, clerk in a cotrutir.g-house. (files. H. London-road, Surrey, butcher. (lilt, R. itt. Illortin's-le-Grand, tailor. Hewitt. W. I.nte-lane, Chrips4le, ribbon-dresser. Meader, J. Princes —street, lAmbeth, bricklayer. Mountain, J. (llee land-street. Fiaray-square, coal dealer. Nixon, S. Wevt Lynn, Flt. Pt ter% Norfolk, victeallisr. l'arker, W. IVilliam.atrcet, Ilamtvitcad-resd. victualler. Plummer, W. F. King -street, Ilammersarith, broker. Heading, J.J. Upper Berkley-wog, Portman-square, gent- RIMINI. J. Spring-street, Shativell. lath-render. Seunah, G. Phillip-street, Middleroc, flan-dresscr. Whitehouse, W. Bugling-alley, Whiteaoss-street, toil& human. maker. AX ATTEMPT AT MfTRDER. XEAR MARRET wEialr MN. Priinar evening deck. Robert Manners, the full and Padding ton earner, narrowly escaped being shot dead. whilst proceeding from the Conner to the latter place. Feeling fatigued with his journey, he called at a pnblie-hones at Bishop Burton, and there got a pint of beer and a glass of gin, to pay for which he took out of his pocket a handful of silver. listing drank his liquor, he proceeded on his way to Market Weighton, but had not got fartht than Fleepdale before he was overtaken by s man of the name of Richard I Intactness, of Bishop Wilton, whom lie had seen sitting in the publie.house at Bishop Burton. Bolderness asked permis sion to ride, which Manners instantl• gave. They both pt Men the waggon. and the carter soon berame very drowsy.—Jest when the W•garql had gained the summit of a hill which is about two miles from 31nrket IVeighton. Manners was shot in his right cheek. but by whom lie could not tell. Ilolderness jumped out of the waggon. and ran about 200 Tarim- The wounded man also gee nut of the wamem, and saw no one except Haldane,s on the road. llavirg no doubt but that he was the ran aho had tired at him, ' the earner drove his hones down the hill at Lull speed, in order to escape from the supposed offender ; but he soon came up to him, Raying, " What rascals those two men were who struck at am ; it was no stroke, bet a severe blew. I could not catch them." Man. nets observed that it was no blow, but a shot, as he felt himself wounded. They, however, proceeded together, )lannen tieing in the greatest fear, and enduring the most excruciating pain, until . they arrived at Market IYeighton, when Manners called up th• horse.kerter of Mrs. Wilson, carrier, of York, and told him what had befallen him. llolderneitia left hand being covered with blond, he said that one of the men whom he had pursued struck him over it with a whin. Whilst llohlanesa was washing the blood Won his hand. Manners infonned the horse-keeper that he had no doubt but that Whit-mesa was the man who had shot at him, as be be lieved there was no other person near the place. In conerquence of this information. the horse-keeper called up one of the York wag. goners ; and no sooner had lie got down mails, than Manners, mustering up his courage, pointed to Ifoldernas, and said, " I be lieve that's the man who shot me l" To which Holderness replird t " Oh ! Mr. Manners, what a had man you must be to blame me— lam innocent of the crime, if I die for it." Notwithstanding these protestations. n constable was sent for, who took Holder :less into custody. Medical aid being procured to the wounded nun, it wart discovered that he had been shot with a ball, which had entered on the right side of his face, and lodged in his left cheek it was soon extracted; and we are happy in announcing that be is rapidly' recovering. On Saturday Holdemess was examined bans I. per ison, Req. of Ki In w ick Percy, one of his Majesty's Just ees of this Peace foe the East Wiling, who committed him to York Castle to take his trial for the offerice.A diligent search having been iast:tuted, a pistol was found, hid in a whin bush, near the place to which liolderness ran after Manners had received the wound; and theme was found. not far distant front it, a bag containing six leader: be'. leas.— Yro Iletald. React A:tr.—lnformation was yesterday given at the Police-office, Ilatton-garden, of a daring burglary com mitted on Saturday night or early on Sunday morning, in the house of John Warren Paget, Esq. 23, John-street, Iledford-row. Lloyd, one of the most active officers of the establishment, Was del/WM to inspect the premises, to as certain the amount of the loss, and make such observations and inquiries as were necessary. It appears that the thieves got over the wall of St. John's chapel. crossed the nest yard, and with a eentre-hit cut a hole in the heck kitchera window of Mr. Paget': house, undid the fastenings, and entered. They ransacked the kitchen, parlour, and draw ing -room. broke open evety cupboard, drawer, &c. and carried off several articles of plate, table linen, wearing ap parel, and other things: they also unlocked the wine-ca lar, but took nothing; and from the number of valuable erticlrs they left behind, it is supposed their principal ob ject teas the plate. We intinioneit on Saturday that the two young men I under sentence of death here hail been respited. It now affords us satisfliction to state, that their sentence has been commuted into transportation for life. Alackinlav, one of thc two, has, we understand, succeeded to a fortune of many thousand pounds since his eonviction.—Cafeeleniu"? errnrz'. cr1:101•S MOLE or Si i.vr siNci Iveay.—lmmerse • small slip of ivory in a weak solution of nitrate of 'aver, and let it remain till the solution las given it a dee yellow colour; then take it out, and immerse it in t wielder of clear water, and expos: , it in the Irate• to the rave of the sun. In about three hours the ivory a•- quires a black colour ; but the black ~ u rf:ice. on bang rut:. lied. soon becAncies changed to a brilliant silver.— Eo.ozoni3:. i ~ 1 i jlj i i 1 1 li,'