The British Press; or, Morning Literary Advertiser. — London, England, 1822-11-06 00:00:00

AIR. &MIURA TO THE EDITOR. London, Delpbee 31 ) Ali ha-4bsenee firm lows hat prevented mr from invkinn n 'k w resorts on w statement which ■ppeared in the Coarrier rvf Tondo, lea, evidently Goon anehneity, soil r.pewted, with some silditions, in The New Tames of the following day. Mr. H o lmes, in a litter addressed to you neat day. has &roily detected sot'ne of the falsehoods meesmiteed in that moment. and I shall proceed to p•siut oat a few more. It is mot tree that •the young mot has been loving we resracialiaz nearly. lb. whole time he has berm melte country Yeah Mr. Haines, or Mr. O'Meara," so tone time after his loves! 1 was fur several daps use a shooting ricursion at nooses, sear Seven Oslo,. heloogiog In 31r, Bade., while the ►lrron dr Lao Cams remained in rte.., roußeed t•. his apart. mewls by ninon. Demist it... he doily received • "sin tram mytelf (whey in low.), Gum Mr. Farr in my s`- .iner occalionally Mr Laureteee was seer ■rd colonised by bias. TI , indep• nelesitly of the esteem and the reined ship which I bear to M. de Las Coma, cavort me to sec him Ireqvently before mot after my exeursion to She cemetery. The Courier states, tint wish the exception of Mr H.elmeo. *shown the whole .f the sermon spoken of ha Me. 11' Mrarm's hook, whether Eugleak or (wens. are dead." Auy name who has mad the work most karesr, thst there me few page■ which do ant furnish a plentiful supply of the Humes of lirißg peramer, who eaten' readily come forward sad mostradice the "memento euocernitig themselves, if emstriedrmlion were possible. As to the ismiaaatios that " the penlnation of the Count de Las Cases's Journal was afefegoli JO oldie 014 it aliftbt harmonize with wore," I shall merely state, that the MS. of the Count's Journal was seized at St. Helena, pe rmed by the Geversor„ mood det■iard for several ran (legally or illegally), either by the Government of Mt. Heave*, et by anise person or persoas is Site Colonial ; doom( which period it is sot unnatural to supra* that mesas were salient to become pet-reedit well acquainted with its euslents. This supposition is streugibewed by the fact of wary of she siterdniee contained Is It having been repeated by proems well homes to have had seers, to the Consist OlSce. Mom peer, the MS. was pereend by some literary rharaciers iw loaders. many moths prevents to the poblication tsf my work. So that any alteratims, w falsilicatiou of it would ►e rather a hazardous experiment. The followiseg esplanade's, will mifficieutly manifest the A maz on s which rendered it tereermory So make use of soother Rome is addressing me at SI. Hens.. On the Sill day of August, 1817, 31r. Hoboes (toy agent) wrote a letter to Lord Bathern, he which he tuiforiord hi. Lordship, that he bad fedioently writing to me, without having received any reply, .but that letters from as• •pots subjects wholly socannetted with On purport of the etemminusicatiou istesded for me having reached him, los judged that the letters which bad bees add el to me had miscarried. Under this impees• sins, therefore, he begg►d t►at him Lordship would do kin Ike honour to forward letters addressed t.r me, ►hich should be sent, swan or itusesslost, acesrdiag to his Lord ship's option. Ow the 11th of the use mont► Mr. Guist. berm replied to Mr. Holmes, that Lord Bathurst was out aware of any mama why 31r. O'Meara had ant received his letters; that is fume any letters a•hlremed to Mr. O'Meara, sail pat sode► mum to his Lordship, should he forwarded, sod that it was not necessary list Air. Itedaseis letters should be susealeel. With this llSSOfilbtt. o■ the 14th of August, 1817, Mr. Holmes unite a confidential letter to me on prorate affairs slime, which was seat under cover to Lord littlwirst on the wise day, with a request that it should he forwarded to we at St. Helena. On the 31st 01 December, 1617, this tiler was sent to sae from Plantation H o use. hi Rir Itostswo Lowe urNA the seal osukest open and elusuLfy waled up apnea, and eselomd te the following note from lientenont-Cwhonel Wrigord:— " Plantation Drowse, December 31, 1817. - - " Dear SlR —The eisrlo4rd letter these wit► the Dover sees letters, and was found in Ow state it tz sow oast to yes with the double seeds. (Sleeted) "E. WYNYARD. " To Barry O'Meara, Esq." Now as the letter is queallos lad only pissed through the elmosel of the Colonial 01See and that of the Governmen t of Se. Helens, it is evident that ow of awe Wogs most helve tikes place, either It was opened at the former, is •ielstion ofMr.Goulbarteri mates promise, or at St. Helena, by some person belonging to the Goverainent of that island. It i. Not for me to poiat out where this illegal act was most likely it. have been perpetrated. Su/ice it to say that I wan infuereed Kariba tweleats of tea letter were afterward* sem& the sub ject of coorereedies at Plantation Homo, end at Admiral Plastein'e, medicine aitereesteladisorminated ewer the island. 0n the 27ili of she following February, I wrote to Mr. inf.,rsting him of the fact ; and requested that he '►orld take every pemeastiow to prevent the reeorresee of it similar breach of faith. I tairrtair so doubt that every Übe. ►al mind& penes will admit that be was jewtified in adopt. iag mesoures to weer* the delivery of ►is letters to me without their having perviously undergone she elloieleitiue irnspectien of there who were hese eeeee h to argil them selves of opportuaitiss afforded to theme, by their official si tuations, to mutate the sanctity of private eosyesparedevet!. Artamed by this motive, Mr. Holmes 'signified to me that Inters 'mewled fur me would, in (suture, be directed to ''James Forbes, Esq." and the intercepted letter written by him sod published is the CdP4Wil7, owed ha origis to she fol. Wyatt eircumstance•:Previous to leaving Passe for Roche. fort, the Emperor Napoleiss deposited a sum of money with M. ladtle, the banker at Pori. , with iostrisetiosis to resod bate for the amount to Americo, where Nspo'eois intended to proceed. Subsetinent everts eery properly derided M. La il* sot to comply with this, bet the order of site British Government to allow oar corsespaidenee to reach the Em perm Napoleon unless it had Area penal...ly resod by *owe if their agents, coupl►d with the 'tome of Napoletin ' il properly wherever It mid he fooled, d►termined M. La. Otte not to rein the risk of compromising the motley left i■ her thane, sari probably his owes pervorml seamy wed pro by enter's' into say swims explanations en the sub ject. hapoitoso heist satiathlly desirous to know the slate ..f his slam., and also wishing to provide funds to defray she ewes expesdithre wt Longwood, locoweed ►y the purchase of the in of life . (a asewient wwwwity of which wan I,o k allowed by See Nudges Lowe), order►d Count Bertrand to write a limier to M. 1.465 e, is which the latter was titres:fed Cl forelimb the bearer of it with oho desired 'sole ,usiolos. This kites was accompanied by se order l'or 1,1000/. of which was to he drawn for by Count Ber tram!. and tho reed, destined for she purchase of books, pamphlets, newspapers, &c. to be lent to St. Helens. Shire. fur some of the member@ of Napoirmi's family, and f.r Count Las Case., emetaioini an account el the reel °We 44 4 npole.os's heslik, and cautioning them sot to , ^ l lo , e themselves to he imposed spent by she false bullaiiis and oilier eepnrls of his sitsiation promulgated at Si. Helena end elsewhere, were atw takes by the bearer of the shove. nustioned letter, and emit by Mr. Holmes to their Assn ustios. I. the intercepted reply poldished by the Conies, the reader will pe.reive the arkansoleolgnient by Mr. Hiplines of the receipt of several panels' from me its 1817 and 1818. These purest. contained portions of my journal, its lowed vt me la the preface to my work to have taken Omer, moil nelitsfueleilecd by Mr. Holmes. Thus has this stupid slave f power ...fled to corroborate the truth of the work which be twilit by his 'falsehoods to depreciate. los addition Iso the version of the Courier, Use New Times stairs, that "in the noddle of.luly, Idle, sliders frovo Goren.. trent ardred at St. Helena to Sir Hodson Lowe, to remove Mr. O'Meara from hi. attendance or Gederal Bonaparte, rot geode& of infarniation 'that had been Meirived in Eng land, as tti lie privity lb the elsnArttlft rorrespoadeure shish lad 'been curried or by the forties reams at Long. vned." t caniortit help thiaking that the Editor of the New Timer 11-11 been deceived by the person who made him Hwy tepee. writ/dim. 1* be ens nf ray removal (mastic Melees tole never yet been souk know. to use, either facially or dean,. thcially ; and reel Oho Woes Oatmeal free, I cannot Mink that I shanlel haze Moe rooeirod Ili Ike wanner was at the Adasirgity ,h 2 Goo t t f at t ekberem awl Mr. Xeere furi aterroie. at etniretpill ' lioreoa. As to the prelsholeat fa OM wrote MajoeXlewerat Sir Hudson Lowe by the Baroa de Lab Oalosp 1 ear have ao . • enneern with it. 1, lite Pr.op►ietor of ihe Courier will, in ;dime of cowardly tariauations, hove recourse to ones lien, and ;lissome to avow it... 1. had, be ~tl bad that I newer use a horsewhip tow proxy. The same decleration 1 mean to extend go those official startartlr, she fisraisk lo their from Ibe offices thew disaras-e, export* dometents to &tone hottest mrso,and hold hick the seadication of which they are also is. possessiors. Those documents dui , beau well, as hose as Site libel Is. of this country remains what it is, cannot he poldisherl by MP. 11,4 are la the posses slots, however, of some of she meanest, most malleaant. mad moat powerful of my eso nisei', who me! do &eel, what 1 cannot. I not only pessnit, boo defy them to give lime to Out world, as well as (he whole of she intercept►d etirre spoisdroce to .• Jame. Forbes, E•q." 800 they dare met ; the wretches have hero has. ah to condenses sue sailboat a trod, because they had nut the courage I. inter the tesponsibsloy. 1 hare the honour lo be, Sir, 8 0 , 11ARKT E. O'MEARA. P jostler, those journals which Lase publl;hedthso .141...euts thith appear. 41 au the Courier, should also pro. •.ullalr Shoo reply. TO THE EDITOR OF THE COURIER. " KENSINGTON PAILACS. NOV. 4, 182?. • beg So eyehole • ropy +if Iny swears), os the *objets GI the leper pent In Mr. O'Meara, which you have my permission, if )tio thisk Bt. to publish. " 4 EDW. WYNTARD." Lieut.-Colonel Wynyard's statement relative to • letter foiessulerl by him to Mr. o*Meara:-.. • I was 'wriest when dmipalehea arrived as Phonetical House, on She 11.1 December, 1817, arid perfectly remember the letter slimiest to ►eing headed to me by the &oversee as mono as he peseeived She teal bad bees broke., in twain She esoelope under which it had come to him. . . ie I ion Mediately enchained it on Mr. O'Meara by the Hover. nee* droner, nab a mute slating she circumstance; and in eonammeisee sof the ealussainiss insineasien ilirown not in Mr. Holmes's letter to Mr. Goulbura, and a mote attached he It, a. amen on Mr. 011eara's book. whirls he calls his • Exposition,' I deem it expedient ou .(firm, aa on oath, that Ilse seal &openers' too hare been broken. as stated above, and shot ebo letter who sot , therefore, COULD Nor HATE MUM sue at M. Helena pfellilllll i 0 reeeipi of it. (biped) " EDWARD WYNYARD, Lieut.-Colonel and Military Secretary. " St. Belem', September 10, 1819." THE CHASE. The Qauendou hound.' will meet ibis day, at Widmer pool; to morrow, at Seagrave; sad Saturday, at Prestwold —Ol half.puit ten. Mr. Moyne hounds will meet to morrow, at Kedle ston; Nod Saturday, at Radhourne—at half peal tea. The Earl of Scarborough's rue-hounds will riseet oa Fri day, at Swiatiow Wood; and Saturday, at Apley•ltead—at Tire Earl of Harewoorfa fox•hoaada will meet an Friday, at Hareaund.tuedge; and Saturday, at Collinghast-bar, at ten. Tha Redeworth fox-kaattnda will tweet to.aaorrow at the Red Hoetee ; aed Saturday, al o...tnn, at ten. GAME SHOOTING. A sporting snatch look place us Monday for a sitheerip. lion of ten sovereigns each. between three Gentlemen, who were to euisamence sport is three counties, Bucks, Mersa, and Oxon, at seven o'clock is the owornieg sad finish al oaf. Mr. Arromusith shot over the manor of Clive, Bucks Mr. Greer is Heels; sad Mr. Botiverie is Onus. The follow. lug were the anntbers brought to bag by each :—Mr. Green killed seven brace of bird.. four brace of *ousts, sad eight hare., is thirty-eight shots: total 30. Mr. Arrow smith killed seven sad a half brace of birds, three and • ball braes of partridges, sad seven hares, in thirty.four shot: total 19 shut'. Mr. Bonverle killed six brace of birds, three beset of pheasant', and four bares, is twenty. sere. oboist tots! $l. The wiser, fell jaw better sport than chin of his antagonists. An umpire was appointed by the opposing parties, to aceseppany each sad prevent extra charge. PEDESTRIANISM. --..e...- MATCH TO THE THIRTY•SINTH MILE-STONE ON THE OATH ROAD. This snatch was for two huadred guineas, ewdertake• by Mr. Ralph Akre"lhy, brother of t►e Scots pedestrian, "rho rivalled the purees/mimeo of hie codstrymisa, Copt. Rarebit, last week, its his match lo Nottingham. This match (71 mars) the pedestrian engaged to do in meaty-See bood i and he started from Pimlico at three o'clock on Sunday inoratng on his rode. Bettie' was 6 to 4 us time. The p, traumas reached Huroslow at eleven miaates peal four, and comities./ no at the rate of shout •even milks and three quarters an hone, sad halted at C,olnbrook et twenty mind's past Gee, Ned breakfast's' there. He started again at •eves o'clock, and travelled to the Two. mile Brook, when he took lades* of wise, and be halted a quarter of •a hoer, and readied Maidealteack SS miler, at • quarter past seven. Halted half an boor, •mid did ►alf the distance at twelve o'clock, treats sod well. He weal about a mile is a (fiend's house in • chaise, sail started from the 311111 mile tan, , on ►is return, at two o'clock. He reached Msedmilsead without stopping in three boons cad halted an hoar. seentirgly fatigued. He contiatted kis task lathe rate of three mile. as hoer, and reached Longford at nice •clock, lame. He travelled on gently to iluoaslow, where he arrived at half post elevra, and started meat. as twelve fresher tha• at Longford. The urn Waft be did in three hours amid a half, and won the match by a quarter of au hour, but with real gamesome. EvariEsr AT THE PENITENTIARY. —van* Yesterday afternoon tot ittquolft Was held at the Peniten fiery. 'Mtllitsalt. before Thomas Higgs, Curouer, us use body of Setjasnt Eller. a convict. _ . _ . _ . . . . _ . Mr. john Crouch. Germane of the Prison, stated, that the dressrod was tried Re Cambridge (loaner Sessions, on the 28th of October, 1819, and convietad of stealing a pocket. book eoistaiftiog fit ; he was sestenced to yeses trans vitiation, which was rostionted to live years imprisonment in the Peaitesliary, to which place he was brought on the 12th of April, 1821. He was than 32 years of age, and is gond health. Mr. John Pratt, Surgeon of the Peaitentiary, staled, that the deceased was aerator. d bout the Pentagon. in which he was etiolated, to the Infirmary, on the 7th of October last. He had a cough, and a violent inti imitation us the lungs. The lablßillialiUß terminated is a supporatino, and be died MI the {eh of November. Darius his slimes. he had nourish- Jolt thing.. and all that be avoid desire, or his situation re quired. Vsrattet—" Notarial Death." - . . The following pit‘strePh .•ppe•Nd in Tar. PRiSS of yederthey :-- 4 ` A Correspondent of w Morning Paper, strong repeated notices of We . great quintal of game killed by the LORD CURACELLOR. will be thankful to be informed in wh►ch county he has taken out • certificate, as he kvir in vein looked over the lists for the name of the Lord ELDON I .. —Aoiverf. if the Correepondeot will go down to Encombe, lie may hove the haps pinerd of trolling Lord Etnott's certificate. night, about eleven o'clock, • most destructive fire broke out on the premises of DoortlON. iron-founder, Lower Shady/ell. sod or r , first diet-owned in the bolt over the foundry. By the timely arrival of the Globe. Phenix, and marsh cognac., it woo confined to the spot where it ori g i na ted. which was soon gutted. Considerable property. fell • prey to the raging el►ment. hut nothing to what it at first foreboded. ‘Ve under stand the presaistsstere insured i►► the Globe fire office. iriNTAL 66ENCE. • COURT or.rHANCERY. Immegies Or; Tuasomr, Noitsitasa $. . . . The LORD CHARCILLOR moo into Co o n at tweedy ormootra oiler tell o'clock. THR PORTSIIOiITH CARR. The ATTORNRi-GRIIRRAL staled. in the mat ter of the Err of Portsmouth, l►e sinsieratnial that a considerable number of af f idavits in opposi tion to the petition had been tiled yetWerdry. The Counsel for the petition had not yet area them. and it might be necessary to answer them. He hail therefore to request that the hearing of the 'petition should be postponed to Thursday neer. Mr. Hoax' said. he, as Counsel for Lndy Ports mouth, concurred in the propriety of the bestow of the petition being postponed ; but trusted, after whet had parseil, that his Lordship fOOI4 agree with him that Thursday was too early a day to he fixed for that purpose, particUlarly as his Lordship's order had not been complied with for ollowing a physic un appointed by Lady Portsmouth to have access to her Lord, fur the purpose of ascertaining the state of his mind. The LORD CHAICRLLOR observed, that he had read the affidavits of the physicians, and he found nothing in them to prevent the petition being heard on Thursday. He had also read all the affidavits which had been tiled yesterday, and he found the order he hail made had teen completely frustrated by that disit, which never ought to have taken place. He could never have supposed that a medical man would go down to esainine person as to the state of his mind in the ab sence of another medical mall. The qiiestion he had to decide was, whether there was suffi cient imbecility of mind to warrant him to issue a commission of lunacy, or to make such an order for die safe keeping that could not be misunder stood. He would put it to certain persons who had not made affidavits, whether they would not make them. He wished to draw Mr. Horae's attention to the affidavit of a Mr. Bing, relative to a commu nication made to him by a lady. He would hand the Learned Counsel the affidavit, for it contained highly important matter. Mr. Hoaria—.. Has your Loidship fixed Thurs day for the hearing ?" The LORD CHANCIELLOZ—u Certainly." PRACTICE—RETAINING COUNSEL IZ•TIRTS WM. LOYD IN THE MATTER OF _ _ BENJAMIN GLOVER. A BANKRUPT. Mr. HORNR stated, this was the petition of Mr. William Loyd, of Bread-street, Cheapsidr, ware houseman. It set forth, that the Petitioner hav ing a debt of three thousand pounds to prove under a commission of bankruptcy, by virtue of • guarantee given to him by the Bankrupt, advised with his solicitors, Messrs. Bruudrett, Spinks, and Reddish. who drew up • case to be laid before Basil Montague, Esq. for his opinion, whether the Petitioner would be entitled to prove such debt under the commission ; and the Learned Counsel gave his opinion that the Petitioner was entitled to prove it ; that the Petitioner instructed his Solicitors to give a special retainer to attend before the Com. misaiosers under the commission in support of the Petitioner`o proof. The retainer was accordingly lodged with Mr. Montague, and the fee paid on the 9d day of May, MIL The retainer was in the following form:—" Ex-parte William Loyd in the matter of Benjamin Glover, a bank rupt; retainer for Wm. Loyd. (Signed) Brun drett, Spinks, and Reddish, directed to Mr. Mon. tague; fee one guinea." That the Petitioner arid his Solicitors had consultations with Mr. Montague on the case, and he attended twelve different meet ings, public and private, of the Commissioners, to support it, soil opposed the case set up against the Petitionei . a claim by the Bankrupt and pe titioning Creditor, the last of which meetings took place on the 18th of January last ; and as the opposition made to the proof of the Pr. titiosier's debt originated with the Bankrupt, and was carried on at his instigation, Mr. Montague was instructed to oppose the Bankrupt passing his final examination until the Petitioner was allowed to prove his debt, am: the Commissioners always refused to permit the Bankrupt to pass his final examination. That Mr. Montague hail received from the Petitioner at different times for his fees in this swatter the sum of forly.five guineas. That on the 20th of Februssy last the Petitioner's Solicitors received a letter from Mr. flenjoinin Lawrence, the solicitor to the Commission, opposing them that the Commissioners had appointed a private meeting at Wright'. rooms on the following day. Thot the Bankrupt's solicitor was Mr. Thomas Lee, of Charlotte -street, Mansion-house, who *needed some of the meetings. -A Mr. Treslove attended as counsel for the petitioning Creditor, but always supported the case set up by the Bankrupt. That after the communication was made to the Pell ' tioner's Solicitors of • meeting for the 22d Febru ary. it appeared that a general retainer had beets lodged for tier Bankrupt with Mr. Montague by Messrs. Hard and Johnson. solicitors; hut such general retainer did not appear to have been fol lowed up by any special retainer fur the. Bankrupt in this matter, which it was customary to do, nor by a delivery of any papers by Messrs. Hurd and Juhtisoo. That ou the 2lst February a brief in this mutter was delivered to Mr. Mon. tsgue, on behalf of the Bankrupt, by Mr. Lee. hut lie did not leave with hint either • geueral or special retainer. That Mr. Montague ac cepted the brief on behalf of the Bankrupt with. out giving the least intimation to the Petitioner's Solicitors, notwithstanding it was the practice of Counsel grnerslly, as the Petitioner was informed, nut to accept briefs solider a general retainer to the prejudice of a special retainer, particularly when the (utter bed been acted upon. That the Peti tioner's Solicitors conceiving the meeting for the 22d February to be unnecessary, and considering the great expense which the Petitioner had incurred, did not instruct Mr. Montague or any other Coon eel to attend. it. That Mr. Montague, noiwith standing he had been specially retained, and aotweth. standing his previous attendance before the Com missioneis on the Petitioner's behalf on the same subject, whereby he acquired a full knoWleffiti of Petit ioner'icase, actually attended the meeting of the 224 February, as Counsel for the Boultrupt, mid opposed the Petitioner's case, with • view of reversing the decision of the Commissioners; sad 7 urged that the Bankrupt ought to be allowed • • to pees his flan! examination. That the Pei , boner's Soheitors expressed their surpri.e at theist. • tendance of Mr.Moidague as Counsel for the Bank lupt. He offered no jurtification, except by atatiag that he never trusted to his own judgment in sorb cases, end flirt he hod taken. and had been guided by the opinion of his Learned Friend, Mr. Bell, on the point ; but the Pentinuer had been informed that Mr. Montague had not, in fact, consulted with Mr. Bell in this instance, as he had so alleged. et giteas to be snub-mood. The Petitioner conceived the conduct of Mr. Montagae in tins instance watt de rogatory to the character arul dignity of the bar. mid most injurious to the Petitioner. The Peti. tidner then prayed that Mr. Montagne might be restrained from heyeatier appearing on behalf of the Bankrupt in any way to oppose the case and interest of the Petitioner iii this matter; or that his Lordship should make such further order as he might think lit. The Learned Counsel said, he had laid the (acts of the case before his Lordship without any comment. It was highly desirous that some fixed rule should be laid down on the subject of retainers. lis iiipport of the Petition several ollidovite had been made. in answer to which Mr. Montague made one, in which he stated that he touoiclered it the practice in the case of a special retainer, that when a brief was not delivered to a Coonset by • person givieg that retainer, he had the right to accept a brief from the opposite side. He 'had not said any thing disrespectful of his Learned Friend, Mr. Montague, and he disclaimed the intention of doing so, for there was no man it that bar he had a higher respect for, at the same time this we. a point that ought to be settled by the Court. The Petitioner had had the same re spect for him, and he considered there was no man's hands he could Unrest his case into with greater safety; but when he found he was deprived of its poweriiil talents, mid those directed against him, he considered it his duty to present the present Peti. lion, and lie would be perfectly content with any order hi. Lordship should think proper to make on it. The LORD CliaaClLLoa observed, that he did not consider that he had jurisdiction, as it was • petition of bankruptcy ; if it was in a cause. there would he no doubt of his having jurisdiction. Mr. Peru, Counsel with Mr. Horne, said the Solicitors knew the regulations they were obliged to conform to ; then there ought to be the same regu lations with Counsel. It was admitted that the Petitioner had obtained the assistance of Mr. Mon tague in the ordinary way, by a special retainer, and that lie attended twelve times before the Coin missioners in support of the Petitioner's debt, and on the last examination he appeared for the Bank rupt. He contended that the Petitioner was not entitled to his proof, and that the Bankrupt ought to be allowed to 'pail his third 'examination with out the proof of the Petitioner's debt being allowed. The LORD CH matt.tolt observed. that when he was at the bar he understood the practice to be, if Counsel received • general retainer. but did not receive • brief, he was at liberty to take a brief at the other side, but the custom was to give notice that such a brief had been offered to him to the person he received the retainer from. Mr. Pipes, iii continuation, said. he could an. ewer for himself that he always thought it his dory to give twice in such • case—he lied done sens that of " Cholmondeley and Clinton." A general re. twiner for the Bankrupt might be consistent if the matter wee not Loyd's. It was perfectly true that a brief had not been delivered by the Petitioner's Solicitors to Mr; Montagne; but the Solicitors. finding that the Learned Counsel had accepted a general retainer and a brief for the Bankrupt, it would have been useless to have sent him a brief on the behalf of the Petitioner. It' Mr. Montague had given notice to the Petitioner's Solicitors that a brief on the other side had been tendered to him, and they did not then send him • brief—if he hail attended before the Commissioners a hundred times he would be at liberty to attend as Counsel for the Bankrupt. The AreOltlfalr-Gallaltat. said. he appeared as Counsel for 'Mr; Montague. and he did not think he would discharge his duty to the bar if he did not stand in that situation, for he hoped the bar would be always actuated by independent feelings. He was convinced that no gentleman at the bar had seen the Petition before it was presented. for if they had they would have seen that his Lord ship had no jurisdiction. If the Petitioner's Solici tors had said to Mr. Montague " Let the question be decided by the Lord Chancellor ;" as en individual he would willingly have consented to it. There was 'nothing to 'the big more painful than general retainers. When he went the Western Circuit he often 'drew the pleadings for the Plaintiff, and was afterwards compelled • to take a brief on the other side. It appeared on the part of the Petitioner, that it was never intended to give Mr. Montague • brief; when the general retainer was given to that gentleniari, he felt 'much' difficulty, and told Mr. • Lee that he would oot'accept • brief for the Bankrept - unill he was certain that he was not to have one from the Petitioner. Lee afterwards told him he wan certain that he would not have any, and he did not read his brief until half en hour berate the meeting; at the meeting he stated to the Petitioner the circumstance that he had no iiihEuedde i @pedal retainer to say if he would not give Maltallfret that he (Mr. Montague) was not tete one at the other side, and offered to leave' the ittestion to the decision of the King's eriuneel.' It was' insinuated in the petition that Mr. Illootsgue had mode use of the knowledge' he had elliaidied by being the Counsel of the •Peti lioneito his disadvantage ; but until that was proi. etrthe argument ought not to be used, far he was convinced no gentleman at the bar would be guilty of such Condole,. ft had been communicated to the Solicitors foe the Petitioner that • general re ' s a i ner ' s , o , gi ven by the Bankrupt to Mr. Montague, and theyadmitted they had received the information and 51•1•1 they would dot give him a brief, it was theli duty. on the itlforalation, to have gore to Mr. Montague. The aluinsiter of the bar was at tacked, and he spoke their general opinion when he said that they depreciated general 'retainers. and they would be highly ifijitrithis if the, **mellowed to prevent Counselfrini•riceiving briefs on either side of the' case. Mat those circumstances he trusted that hid LordaldP would dismiss the petition with costs. Mr. TaestoVe and hir.Visisifollowed oo the ...me side. Mr. MONTAGUI staffed thin ems another Pali. fiats in his Lordship's paper in Ilia same meter s that of the Dankruin, preying that he might not he deprived of the assistance of a Counsel that he put conddence in. As fur hinsorlf, 1-e eared not whiit side he use employed on, fur he looked en harristen as, bring entirety instruments to rneWe Judges to get'ett he troth. It was a mistaken opih that • barrister had any discretion us to the 'vitae he was employed by ; for; as Lord Erskine said. " If a barrister relused to defend • moo n beesese he did not like his defenee, he would do more than a Judge dale. for the limey, by the l a w of the Zeal, was obliged to he bis Counsel," A barrister ought to be like srlsackney-tinach, on come at the first call. end to coatidilLerepluyed foe the em ployer as long as they . were sund. The Learned Counsel then entered 410 souse invectives on: the conduct of the Petition?, and hi. Solicitors, sod also encomiums on his owe hunnorable practice, Pine.. he had been in the profession, and eurcluded by paying a high compliment to the t7ourt AIM the bar. and that he would be perfectly mitirfied at any decision his Lordship might come to. Mr. Hermit replied. The LORD CHANCELLOR took a review of the case, and observed, that he had tiot the junadictiou to make any order 011 16 Pe'itinn ; but if he had the jurisdiction be would dismiss it, not oo the ground of protecting the bar, but on the ground of protecting the public. The ATTORNEY-GENERAL—" Your Lo►dship then dismisses the Petition?" The LORD CHANCELLOR- 4 ' If I hare not ju risdiction it is dismissed of course." Mr. MONTAGUR said. his Learned Friend. the Attorney-General, had mentioned cost% t he weedy rose to say that he did not wish for any. Petitiuu dismissed without costs. COURT Of RING'S BENCH, GlitcosALL, Loirtov. INTILIDAT, NovlN.tft S. Before the Lord Chief Justice awd a Special Jury. THIt KING O. BETON. _ _ His Lordship intruded this morning in purstioi.te of • special adjournment. to try this particular cause. It was au indictment for perjure. alleged to base been committed in an answer au Chancery. The Prosecutor, Mr. Farquharson, sod the Defen dant, Mr. Seim. were both merchants of high reauectability, formerly carrying on their commer cial dealings in Martinique. Disputes arose be tween then,. the result of which was a tedious coorwe of litigation, and it was in en answer to an amended bill the statement was ,nude, upon which the per jury 11111. assigned. Mr. Soucuron °animal opened the ease. He detailed the transactions between the parties : they were of so complicated a nature, that after deliberat ing with his Learned Friends. he eVenrually de clined culling upon the Jury for • verdict against the Dr fentimat. Mr. Scats Lew made a few remarks, inferring that the statement on which the pillory was assigned, o ne attributable to mistake and Misconception. He described the Defendant as a Gentleman of character, and stated that-he was sorrounded by friend., who attended to bear testimony to that effect.—The Defeuditut -era• atcritted. • ARCHES* COURT, Mousay, Neurons 4. ~.. This being the first day of the civil law term, the Dean of the Archer heard prayers reed in the diniuq room of the Common Hall, the Judge himself slid the Advocetes being in their full scarlet robes, ac cording to the form eisnualLy observed ou these nr cs‘ionr. Dr. J. T. PICARD,. Fellow of New College, Os. ford, was introduced into Court, between Ina Ma jesiy's Advocate (Sir Christopher Rohoosoo) and Dr. Arnold, and havierg •been by them presented t.s the Judge, the litter admitted him, in obedience to the rescript of the Archbishop of Caute►boty, as au Advocate in his Grace's Court of Arches. PERRIN V. 1.161111 N. This war • snit of divorce, by reason of adultery, promoted by Mr. W. Perrin against his wife. Mr. DODSON ststed that he should trot detain the Court by following at any length his Learned Friend, Dr. Lushington, who had addressed the Court in this cause, and with whom he was assort ' sited ; but he would beg in urge upon the Court the very clear evidence 'illicit had been given by Stanborough, the servant. This young woman was a servant with Mrs. Statham during all the period in which it was charged that Mr. Hull slept with Mrs. Perrin in her apartment. Now Stanhornugh posed that the fact could lint have been so with.. out her knowing it ; whereas she never saw Mr. Hull at such au hour, or in such a situ - tion in Mrs. Stailiam's house. as to afford the slight eat ground for suspecting soy improper connexion or intercourse between him end Mrs. Perrin.—. The same witness had effectually disproved the statements which would he (*mind in Siailsam's evidence—namely, that lie was in the habit of letting Mr.. Hull into the house at night, and letting him out in the morning, after the servants had gone to sleep and berme they were awake. ' Stanburongii • positively swore to her belief that no one could have been so admitted or let out without her hearing it. She nripoe did hear any thing of the kind. Much at-ess had been attempted to he put on the ciretrit. , :ince of there Mewing been found upon 'the pillow f Mrs. P er . rin's lied, • shirt which the other stile had failed in showing. as they had elideuvourelt tw show, to be the property of Mr. ; on the contrary, it'was clearly in evidence that this very shirt was one which had belonged to she Lady's hindmost', Mr. Perrin, and had beiwydrts herb the day beltire their separation in k was proved ity 'her mother, Mrs. Hislop, that she slistr:s slept 'with this shirt under her pillow, fancying that it had a charm to protect. hat. • Deviiettner, however. on • fbrater day, had chosen to remark • on'thi• account as the 'mast Most improbable that mould be inlienea: 'Bat thoitits ItYr: Dotiona continued) his Learned Friend might i oruile.as such fancier', the Lady torgistisave had groat faith ia them ;• fur Saar won't Indite, intai lostiwd • 'wilt einitioloi l To 'du*" alone sad Wawa sre• 'evaded. 1111isetliaii. !min dosioliiiis Doctor...sive, The fair and inntreest *at t" ylt did slot follow, thereforerbeersure Dr. Jetuter might be stuneeltsit sceptical on such n'subJect, that Mrs. Perrsu should 'save a 'lngle doubt Su-re spect of the efficacy of a charm which•she to cit. a: , *li 1 Ire his ble Aid aft. A