The British Press; or, Morning Literary Advertiser. — London, England, 1822-12-03 00:00:00

~. ; . ,..._.‘111....-1 ., . V4 O 0414 J %,. . 41th rit .-- -..i. 0..,::: .1% m 0.. .,„ ........- .1611 I \ . .... ) • -" .: .'!i4ri: or e OUTINIAN LINES, Witircto ns commas/rots or some vomits, too SZTRIIRLY SATIRISING THE MARRIAGE OF WIDOWS. Crlea the spotless young Widow, who thinks she's slave, • Illeav`ii, to whom my late Spouse's approval is known, (limy wedding's new summons, 0 keep me, through life, In thought, wand, and tired, what I was when hi. wife!" 'Fite o'rrheam her, and. `. pitiful pude!" Indignant she mullets, of Phariser-mood— " Is not the world changed, while all see and confess, 'Milt if my hfr was Gee, your's will now seem no Ito; %Vna our monotone. leaves me, another succeeds Tut there's the whole point of reastithlsoer guilt needs:— And that death has aheulved you from duty to one, Aid formal rites pass, your defence will seem none." WeaVy'llianc, rcR uuK , ;Turns Johnsou's• dull school, 'rush orders it tints, and the Tasty now rule. Het 'you'd fain seem correct—the best way then I'll tell— Like some Italy Sister, an solitude dwell; Shun marriage at least—bid Philosophers mere, Wire teach us it ilesilnes whole n.l 1..P11 to wave. Your plan once had bee, g.od, but fat other you 11 me, New. a hithion as faith, Live Eothusitssis fur me!" • Dr. Samuel inhuman married a widow, and con q uered his natural pr. ju.kts to favour of her enraging oat to many 'after his death. • ,„ • 01 • FA Sit. -rho— Errol Spoorer and his ,nn, the lion. Capt.rin Spencer, left Won on Saturday fur Lord IS agues seat, Blithficld, Staf fordshire. Lord slid Ludy Gage. left Greillon's lintel,Albemarle-street, on Sunday fur their seat, Fide Place, Sussex. • Depai torts from Worne's Hotel, Conduit street John Thnrold, Bart. for his seat, ; Mr. and Mrs. Maesistli and fatni.y fur Cheltenham; Mr. awl Mrs. Arm strong fur Bulls. Colonel and Mr.. Daniel arrived on Saturday at Thomas's Butel„kterkeley square, from Herta; -- Kaye, Esq. has tifr ditto fur Paris; sad Mrs. and Mrs. Arcbdeserso from ditto fur their seat in , tuffulk. Major Weylsoid and Lally Johnoon have arrived at Kirk- Lases Hotel, Lower Brook-street, from Scotland. Charles Marjoribanka, Esq. sensed yesterday at Owe Wa whip Hotel, Jermyirstreet, from his Drat, Hombre Honor., Wimborn, Dorseishire. Mr. and Mrs. Field have arrived at Rodger's'. Hotel, Dover-twit, from their seat, Neltorstirld, Hear. Mr. Balfour has arrived at the Clarendon Hotel, Bona street, from Seotland ; and S,r Thomas Must's, But. Win left ditto for his seat in Oxfordshire. Littleton, Ear; has left town for Lord Bagot's seat, St2flordshire. Mr. Oxead,,n has arrived at Str'eart's Hotel, Lower Brook street, from his beat, Broome Park, near Canterbury; sod Me, had Mob Owen kayo left (Imo fur the Coutinent. The new Royal entrance to the House or 'Lords is now covered in. Fronting it, a porch is being built, under this porch the royal carri.rge will draw *is Wren his MAJESTY goes to open Parliament.— Theisew stair-case teadiug to the royal robing room is nearly finished. It is a beautiful specimen of ar chitectural decoration. Saturday the infant son of the LORD MAYOR was christened at the Mausioo-House, • when his Royal Highness the Duke of karat was one of the smarms. His Revd Hrgisoeso arrived about ten minutes berme six, and was preceded by the Bishop 11( LONDON, who performed the ceremony of bap rim. Lied SIDSIOUTH, the Sheriffs, and a select circle of the Loan MAYOR'S firmly and friends were present, our; partook of an etegant dinner, which was served up at seven o'clock. After one of the Duke of MARLBOROUGH'S vic tories in the Netherlands, Prince EUGENK bent out drummers in &Grew directruns to brat the retreat after the Freoch manner, and posted French re fugee cffieets, with 'ardent; to shout on all sides, " Here Picardy !"—" Here Champagne . 1 "—" Here Pied:Row ."' The French soldiers Mucked in, and were immediately taken prisoners. Prince EUGEN built a palace somewhat in the Torkieh or Aiahic taste, which was censured for the incongruity of its alchttecture. He replied to his critics, " I am as well acquainted us you are with the five Gtcchin orders, and also with the seven or. ders of bailie of Ssoggius. I like to have an order of my own in both sciences, and I have found the benefit of it." The GRAND SIGNIOR sent Prince EUGENE two •ery fine Ai.ibia.l a scimitar, and a turban, with this tnrs•lge:—" The one is • symbol of thy •alour, the other of thy gentui and of thy wisdom." At the battle of Alsip!ague', Prince EUGENE having received • eevere wound, and being entreat ed to have it Glassed, replied, " 111 am beaten, it will not be worth while; and if the French are, 1 shall have plenty ortitne for that." Mr. T. Moose is arrived in town from Paris, and on Wednesday departed with Lord J. RusssLL for Wiltehire. It is reported that Mr. KEA • is abort to purchase Edinample Castle. Glenample, on L•eh Earn, North Britain; from this it may be conjectured that he intends, ere lung, to leave the stage. the celebrated performer on the pimao forte, has returned to England within *etc few days from the continent. Some persigaLeiahed to persuade the Emperor LEOPOLD tip* design had been formed to kill becausce ball wart through hie hat while " Seek the mar," replied he, " he is a bungler one way or other ; he is dying of fear or of hunger ; give him a thousand ducats." An Euglithmen walking in the principal street of Darm.tudt with a German friend, was thus ud. dressed by the latter, who pointed out to him • gentlem•ison the opposite side i f the way: " Look tit that officer; would 3ou believe it that with so fine a warm, and • mind to c. , rrespond with it, lie has received rum lriarkeis?" Ttl , surprise occasioned by this expression was removed by the information, that when • lady refuses an offer of love, she sends the luckless lover a little basket as a token of her disinclination to receive his addresser. An American traveller in Italy, speaking of St. . Peter's, at Rome, says—" St. Paul's, at London, the only etliti:e it( modern times with which it can be worthily compound, does pot enclose within its vast vacuities, including its porticos, its turrets, end its dome, one-fourth part of the cubic square of St. Peter'', the corridors of which would encompass Ludgate-hill; and the crowd of Fleet-street, roar lug with carts and coaches, might rush on under cover of the circling piazzas, as far as Temple-ber.'' OZPonta . trtil 'BRSITY , No'rgsaaaa 30. Thursday last Mr. Owen Jenkins, 8.A., Scholar of Jesus College, was elected Fellow of that &kitty. Yesterday Messrs. Unwin, Morriss, sod Blunt, were elected Seholars of Corpus Christi College for Ike diocese of Win cheater; sod Mr. Lambert for the diocese of Wilts. Yealerday Mr. Charles Collyns Wallies, Commoner of Belli.' College, and Mr. Marvell, son of Baker Morrell, Esq. of this city, were 'elected Exhibiliowers of B olliol College. On Thursday ae'insiglst the Rev. Robert Ratp ills, M.A. Fellow of New College, was presented to 1 rarage if I Adderbory, in this county, void by •the death f the Rev, Holford Cotton, M.A.; and the RV/. William Bohm' Yto- mans, M.A. Fellow of New College, was presented to the Rectory of Bus h nell, in the same county, void by the death of the Rev. James Yalden, M.A.—Pstrons, the Warden and , t Fellows of that Society. Saturday last, is Convocation, was read a letter from his Roy.' Highness the Crown Prince of Denmark, returning thanks for the (Imre of D.C.L. lately contents' upon his Royal Highness by Diploma. Also the name• of the Rev. John Bull, R.D. Student of Christ Church; the Rev. John Home Spry, ?ILA. of Oriel College; the Rev. James &dell Tyler. M.A Fellow of Oriel College; the Rev. Zacharias Henry Biriduloh, M.A Fellow of Magdalen College; the Rev. George Chandlir, BC L. of New College, who had been respectively nominated to see. .1 cord to the o ffi ce of Select Preachers at Michaelmas nest, ' were approved in Convocation. RAPID'S PICTURE OF TAR CORONATION OF POLkON. The exhibition of this floe picture, which sorrels great attention, has just bees opened. We supply the following brief particulars without remark, as we inward to give a formal account of it. It is 33 feet long, and the number of figures in the canvas amounts to 211). It was best recently fisiahed at Brussels, where the artist was exiled fur his Bonapartism; and not on!y was this wink of art refused admission into France, but attempts wire made, on the part of the French GOVYII3IIICoII, to prevent its exhibition its this country. Nothing can be more atrikteg thee the chief group in the fore-ground of the picture. The mo ment chosen by the aritgt fur representation, Is that in which the Emperor, after hsvior put WI the two crowns at the sitar, is shout to descend the steps, bearing one of them, the crown of France, in order to place it on the heal of the Empress, who is kneeling on the first step. Napoleon and Josephine ■ppear in this ceremony, whether erica regard to attitude, costume, or expression, with most admirable propriety. Be hind the Emperor are seen the figores of the Pope, some Cardinals, and the count , of a Creek Patriarch, all re. 'amicable for the accuracy of the resemblance to the reinter. live originals. Talleyrand, who acted as Grand Chamber. fain, stands on the extreme right. He soprani to take an interest in the 'merle, which may be justif.d by the reality—but is not in accordance with the common im pression of the character of this person. The left hand aide of the picture is closely occupied lay a group, in which the brushers and sisters of the Emperor form the must conspicuous figures. Murat, towards the mid dle, is • striking full length. He bears the basket which contained the Croon of France. To the left, behind the Empress, stand the three sisters of Napoleon, with two other females. Their light forms are admirably reliesed by the masculine and der ply shaded figures of Louis and Joseph. The tribunes in the upper part of the picture are filled with spectators, on wheal the artist has bestowed, of • course, ■u inferior degree of care. It is to be regretted that the room is not deep enough to enable the spectator to see the effect of this splendid painting to the blithest advadtage, of which so grand a specimen of art is capable. Will HIONA BLS MOVEMENTS. 31URDER NEAR CROYDON. UNION-BALL.—Yesterdav Richard Poole and John Clarke, two active officers of this establish ment, armed in town from Godatone, in Surrey, where they had beet, for the last two or thiee days, in pursuit of a daring gang of robbers that have been carrying on their work of plunder to a consi derable extent at Titsey, Limpsfield, Bode), Hill, Addington, Croydon, and other places adjacent. On the officers arriving et Addingtuo, on Sunday night, they received information that a horrid murder had beets committed the preceding night on Thornton Heath, between Streatham and Croy don, on the body of a mail named Joseph Mali iiiii g, snit that his body was then lying at the Wheatsheaf public-house, Hear Croydon. They immediately set off to make inquiries into the affair. On arriving at the Wheatsheaf, they learnt of Wallet, the landlord, that the deceased mail was brought to his house about eight o'clock on Sunday morning, by some persons who found him about six o'clock, lying in a ditch on the road side near the Pied Bull, on the Common. They iropected the body, and found many severe contusions on hie head; his ears were dreadfully swelled, and very black, as if tremendous blows bad been inflicted on them ; his neck and shoulders were also much bruised. On making further inquiries, they ascer tained that Manning lived at Mitcham, anti was a bricklayer, working fur Mr. Parrott, of Streat ham. He was paid his wages 'Kt the Greyhound, 11:35.61., out of which he paid 10s. sd. his week'. scare. He left these about half-pest ten o'clock, with the remainder of his wages in his pocket ; he went then to the Pied Bull, where he fell in corn. alp] with sn Irishman, named Michael Dogherty, ilrri whom he had something to drink at the bar oil leaving the house; previous to their going out of the house they hid a quarrel respecting working at a low price. The deceased mail and Dogliert a y ei left the house together, and nothing more w heard of him till lie was found as above de scribed ; a shilling was lying near him, and nine- 1 , pence in his placket; a basket, which he had .with him, was undernes'h him. Michael Dogherty being the only person last with him, was suspected of the murder, and in consequence was apprehend. ed and conveyed before the Rev. Mr. Cole, at Thomann Heath, when he underwent a strict inves tigation, but nothing being elucidated to crimiuste him in the affair, he was discharged,•pon an under standing that he was to be forthcoming when called upon. " in virtues nothing earthly could ORMRIO kr, Sore thine incomparable al, !Wiegman One of ibe must admired and elegant 'Poets of the s r , La,d BYRON, li,. been pleased, in the first Canto of Dots Juan, to honour the Macamartat Oti, of Rowtroto rid, his notice in language of proud eulogium t highly flatimiug Irs timunials as io the distiuguisbed merits thus 4 glipitable and unrivalled production. SLtoo ELECTION.—We regret to hear . that some serious personal altercations have taken place at the election for the county of Sligo. Some duels have, it is said, taken place, and one person has been , killed. These are some of the glories of our much lauded Constitution !—(Dsiblin Morning Post.) • SHOWfilt os GOI.D.—The depreciation of the orecious metals is not arrived at its lowest ebb, if the account we have received from Italy may be relied on. It appears that 1001 b. of the ashes lately emitted from Vesuvius in such overwhelming quan tity, yield no lets than three ounces of gold. —( Edinburgh Star.) rezuGaNct •. COURT OP MG'S BENCH, Westisteizze, MONDAY, DICEMOIR 2. Before the LORD Cuter JIATICII mad a Cannon Jury. A caimiLti V. PA intime. Mr. a opened the pleadings. Mr. Scaitt.arr stated the Plejni ire cal* to the story. He said the Plaintif f in this ease sought to recover a compensation in Damages from the De fendant, lately Sheriff of Leindon. Of the Plaits tar' himself, he (Mr. Scarlet') knew nothing; and be wished the Jury, in the discharge of their duty, would place out of their recullectrou eve, thing which they had heard of him for the last !Vs; years. He wished the cause to be tried upon eriricifile; for it appeared to him that if the Plaintiff did not have a Verdict in this case, • precedent Moat dangerous le the liberty of the snhject would Be established. The inii.ritionment of any individual for life writ a punishment daiknottn teethe laws of this' 4ouotry ; yet the Sheriff, by an abuse of the powers of his office, might cause an individual to softer such a punishment. He staied•this to 'hew the imPortince of the ea , which the Jury were how celled upon tedecid . he usual coorse l lte believed, had been , e r where a efetolarit was puntahed„ .. partly by im prisonment, and partly hy.ftite,lolet hint stilrer the imprisonment, and then leave him to manage his own resources for the payment of the fine ; but in this case the Plaintiff having been convicted of a libel, . was sentenced by this Court to imprisonment for ihire years, and to pay a fine of 1,0001. A writ of /mai focios was immediately issued. The writ issued in Michaelmas Term, the same Term in which Mr. Curlile's imprisonment commenced. It was the duty of the Sheriff to have laid hold of the oroperty, arid to have converted it into .money. Whether, in departing from that duty, they had any other purpose in view. he knew not; but of this he was assured, that no Jury would sanction them in such a deviation. It was the duly of the Sheriff merely to ohey the law. On the 16th November, 1819, the Sheriff took possession of every thing in the Pleintiff'a shop, and the shop also, of which they kept possession till the 24th December, the day before the rent became due, when they quitted the possession, leaving him to pay the rent. The return which the Sheriff after wards made to the writ of levari ferias, was founded upon a prejudice that the Plaintiff sold nothing but libels; therefore, instead of returning what was sold. they made a return. stating that they had levied 541. on the Plaintiff's goods, out of *loth they had paid 241. for assessed taxes, and 3/. for the expense of the levy, and that they had also seized • quantity of books and pamphlets, as in the schedule annexed, which they held subject to the order of the Court. But the Court had not or dered them to make a schedule, but to sell the property. He (Mr. Scarleit) would not fatigue the Jury by going over the schedule, but they would see that it contained a great number of works of the most unexceptionable description. Amongst others, there were 25 copier of the Bishop of Llaii illsff's Apology for the Bible. The Sheriff, perhaps, looking to the title only, had imagined it to be a conceuled satire, instead of being a work of the greatest learning and research. and which had done more service to the cause of Christianity than any other weak, and for which the Learned Prelate was reworded with the poorestilishoprick in the Church. If the Sheriffs hod thou s proper to exercise a die cretion in selling the works which they thought un objectionable, they might Perhaps have exercised it rightly; but they had locked up the whole with out discrimination, and kept them in their p ion down to this very day. The consequence was, that ns nobody would give the same money fur a paper two years old as when it was recently published, the whole was considerably diminished in value. To return to the subject of what the Sheriff ought to have done : According to the interpretation of the word libel. he would undertake to say, in every bookseller's shop in London, five books out of tie might be included in that denomination. Thee was no volume of Hume's History but what ride on some deceased King; there was no poem satire but what might prejudice some Minister. What then would be the consequence? The Sheriff might say, ~ I will lock up your shop. and for your fine you may be imprisoned for life." Was that, he would ask, the law of this country? The sale by the Sheriff was not such a publiation as would make him criminal ; he might have sold all the works, cautioning the buyers that some of them were such as they would not be able to sell again, except as waste paper or for exportation. He contended, therefore, that the Sheriff was bound to sell ; but if that point should be disputed, at least he was booed to bring to sale that which was innocent. He repeated Lis wish, that this case should be tried vgif the-game of Curiae had never been known to e Jury. The question to be tried was, whether the Sheriff could keep the property without bring ing it tomsle at all. He (Mr. Scrolett) contended that he cosld not. On the question of damages he should be able to prove, that of works which had not been prosecuted there was more in value than the amount of the fine, if they had been sold at the proper time. He would say nothing of the person or principles of Mr. Carlde ; but if this might be done to him to-day, it might be done to Mr. Stock dale, or any other eminent bookseller to-morrow ; and be trusted that no British Jury would ever ask, what is the man ? but, what is the law? The Learned Counsel then called the following witnesses :- 4 11 d. Wm. Hayward examined.—Fle produced the writ, and return of the Sheriffs thereto. Cross-examined by Mr. H. COOPBlL—Witness knows Mr. Cedar's shop; there was au inscription of VrThe Temple of Reason" within the shop ; there might be •• Dire fur sale of Deistical Pub lications" also, but he does not remember seeing it. ie letter put in his hand, he believes, is of Car a hand-writing. NipA ICH BOLD, for the Defendant, objected that as theocrat(' of conviction had not been put in eat dence,She sterna !marl facia, founded on it could not be teceived. ' The CHIEF JUSTICE, after referring to the plead ings, overruled the objection. Charles Brown, examined by Mr, SC A ZLETT I was placed in the Plaintiff's house at the time he was brought up for judgment on the 16th Novern. . bez, 1819. Hopwood, the Sheriff's officer, came in rft • On am (lily, and took posiesl4 of it, and locked up the shhp. The door coming out of the parlour was sealed. It remained six or seven weeks in that • slate. The officer sold the household goods and removed the books; • Cross-examined b Mr. ARCH6OLD-I do not recollect the i and Deist." H a n g ; O il : Office of iiep hop.i ab t ifn i e n e ik there was such is ng. I remained in the parlour with Mrs, Cathie, ind not as a servant, to sell the works. The officer came in about four or Ave o'clock. Ido not know that the /least was pub lished at Corlile's shop. James Griffin. examined by Mr. Exxxsor-Wit wess had seen the books in lire schedule of the She riff's return, n o d valued them at 1,4401. With a few exceptions, they would now only be of the va lue of waste paper. Crass-exisinined by Mr. H. COorow.r.He calcu lated them at the retail price, but he does not know What they would have fetched in the mass. lie could nos tall how long they would have been bell ing is retail. He knows that Carlde is in prism'. He °unified to valve The Age of treason and the Principles of Nature, as they had been prosecuted. Ho,siiii, value The of the Jews, and the Cop of LOW/. He dl lc u late wh a t w ou ld have bets the cool sof bug, but merely took the retail price. He sit ' nut read any of the works, and .do e• not know how they wild. lie has read Was ryler. - and thinks it a very beautiful poem, but knows net who has the copyright. He valued that aloof/ with the others. Ile read some numbers of The Deist, and those which he read were harmless. He hod read Diderot's Thoughts, but had forgotten theft. He valued the Philosophical Library, but did got read 1:. Witness is a bookseller, residing iii Middle-row, Holhorm Re-eitomiord by Mr. SCAR.Lere.—All the works prosecuted to conviction be excluded from his fa. Inatioo. He bas heard that Miller's Physical and Metaphysical Inquiries is a work of considerable lea g and research. Diderot's 1 hough(' is a book of general sale. He believe. Wet Tyler has never been prosecuted ; the author is Mr. Southey, the Poet Laureat. The ..epubticart was not a newspaper, it was a weekly pamphlet. He valued the bust of the statue of Paine, brit not the pedes tal. He hai read the Bishop of Llandati's Apology ; it never was prosecuted. There were a great num ber of unexceptunsable works, such as are sold openly and publicly - in °thereto:rim. Mr. COOPER" Are you a friend of Mr. Carlilt's ?" Witness--" I never saw him but once in my life." The Plaintiff's case being closed— Mr. COOPER submitted to his Lordship, that this action could not be maintained. He contend ed that the Plauft.ff might have applied for a writ of Venditioni Lxponas to have forced the Sheriff to make a sale, Hod that having laid by sod taken no kepi) whatever, he ought now to be oonsuited. He submitted also, that as this was an action on the case, and no malice had been proved, this form of action could not be ansiotained. .. • juelice; and equity, would be, that the builder lAA the right. Ou the queo ton of damages he felt %ma willing to by • word, as it impited a doubt, which he did not entertain, that a verdict would not be lot his cli-nt. It appeared that much of this stock consisted of periodical publications, the value of whale were only temporary, like guess; they were born the snore*, fluttered through the day, and deed in the evening. Many of these were numbers of the pUblished weeks and mouths before the Plaintiff was imprisoned, and lying on his funds Unsaleable. Woe Tyler had not been prosecuird the witness thought it a Lie poem, but he $Mr. Cooper) was not afraid to risk big critical reputation, by expressing his descent from that opinion. .fie thought it the weakest thing that ever was publish ed, and lie was only astonished at the importance that had been made of it. Bo there was the #ge of Keeton, which had bun prosecuted over .si d , over again. What -then could the Sheriffsistio, bet come to the Coati for directions? .1-114 Learned Fris-od Op. Scariest) had thrown out the possibility of . this conduct of the Sheriffs haying the effect of impri.oning the Delisdont for life. He (.%ir.,Coopec) was lolly aware that the likir of England anffered no man to be imprisoned fp life, and. God forbid that 'should ever be done indirectly which could not be done directly ! No Court at present bad the power. and God forbid that any Court ever should possess it. But if the Any should be couviamed that the Plaintiff had brouglitAis lose upon himself, - which he might hays i fftnented, they would be acting on the pan ..ciplf!,,,tuorality, justice. mid law, by finding a verdict fur Ibe Defendant. _ TheClitis JUSTICE sUESIIIMMI up,tbie evidence to .4114. Hie Lordship told thew, that if the half Oct foreburne to sell the goods, whereby an injury had accrued to the Plaintiff, without some reasonable grounds were shewn for the delay, lie was undoubtedly liable. It was difficult, on looking as some of the works in the schedule, to say that they tbig,!it not have been sold. It certainly was not reasonable to infer malice in the Sheriff, bur of that the Jury were to decide. The Jury retired fur an hour, when they return ed into Court. The CHIEF JUSTICE said (in answer to a nate addressed to his Lordship by the Foreman), that in this case any damages would carry coats; but if under 40s. there was a power in the Judge to cer tify as to there being reasonable cause of action ; but he would recommend the Jury in this, as in all other cases, to give such damages as They thought the Plaintiff had really socialised, without taking into their consideration any ulterior consequences. The Jury again retired, sod soon after returned with a wrdict fur the Plaintiff—Damages, one shil ling ; crosts, forty 'hilltop. SANDERSON AND WIEN N. BARRER. Mr. ScaaLETT stated, that this was an action brought by the Plaintiffs to recover a compensation • for • very grievous injury which Mrs. Sanderson had sustained by the conduct of the Defendant, by whom she had been detained and imprisoned on an unfounded charge of felony. Mr. Sanderson was formerly • respectable wine -merchant, but at the time the occurrence in question brimmed, was tuns fortunately • prisoner tor debt. The Defendant was • shopkeeper, residing at No. 296, Holborn. On the gth of May lest Mrs. Sanderson went to the Defendant's shop to purchase some articles, when Mr. Barker followed her out of the shop and charged her with stealing a cap, and detained her for several hours. The Learned Counsel proceed ed to state the circumstances of the case, which were supported by the following witnesses Thomas Stringfield, father of Mrs. Sanderson, stated that mi the gth of May last he received a note from Lis daughter. desiring to see him at 296, Holborn, the shop of the Defendant. Witness found her up cans in a beck room in great appa rent distress, with her infant with her. Ou seeing witness, she exclaimed, " Father. father, Mr. Barker has accused me of stealing a cap." Mr. Barker said he missed • cap, and was certain she had taken it. Witness observed be hoped not, but the best way would be to search her. Barker said lie would go and get an officer. The witness suggested that this was unnecessary, as Mrs. Bat. ker might search her; to which Barker positively objected, saying he would get a constable, he knew her well ; h. was a common shoplifter and prostitute ; and, though young, she war an old practitioner, and he would send her where she would not like to go, he would send her beyond sea. Witness was kept by the Defendant above two hours on pretence that he could not Bad the officer he wanted. Witness objected to befog thus detained, and to the cruelty of thus detainiut a female and young child without food or refresh ment for the space of four or five hours, and de sired a coach might be pent for, and thrit they should go to Bow-street. This he refused, and went out again for a constable, as he said. •He was gone • long time, and witness told Mrs. Barker that as her husband did not come back he was dr. no Mrs. Sanderson should remain there o longer, desiring Mrs. Barker would search her, as he would take bee away. Mrs. Barker did so, but found nothing in her possession, and said she was fully convinced Mrs. Sandman' had taken nothing ; witness then took her away. Witness's dangler was in very indifferent health at the time, and 1•,..t a child four months old with her. Barker lint 4- terwards come to witness and wanted to make it up, • but witness referred hiss to Mrs. Sauderstnt't solicitor. Cross•examined..—.The Defendant's ;torte , . brought the note to witness. Mr. Barker tint not leave witness alone with his dsughter. Wittieti went to Mr. Wheel-r arid Mr. Cribb, persons lie.. log in the neighbourhood, to whom he war knowu, and they came to the Defendant's, end uid It was pity to detain Mrs. Sanderson, but she nos kept hour after that time. Witt:teas did not offer to pay for the cap, or propose to let the matter drop Mrs. Seudersou was permitted to go away. Strinefield. son of the former %tinrcs, and brother to Mrs. Sanderson. went with his father to the Defendant's house, and corroborated the state ment of the former witness as to the violent con duct of the Defendant. Defendant coiled Mrs. Sanderson a strumpet, and raid Mrs. Barker was not to he employed to search a common 'prosti tute. IVitness said he coceislerrd Mr. BerkeA . , wife as nn better than his slat*, on which the Dr timdslit took witness by the colsr to turn him oat 11 Mr. ARCHBOLD followed on the same side. The LORD CHIEF JUSTICE was of opinion that in point of law, if the Sheriff forebore to sell within a reasonable time, an action would lie. It was for the Jury to say whether there was any malice, or whether the properly had been deteriorated by the delay. His Lordship did not thirs, therefore, that he ought to stop the cause. Mr. COOPER then addressed the Jury. He said he had the honour to appear on the part of Mr. Parkins. soma time since Sheriff of London. He followed the example set by his Learned Friend Mr. Scarlet!, though, perhaps, irrelevant to the case, in deprecating the idea of mixing up the Counsel with the client ; he alio adopted his opinion of the indefinite nature of libel ; but still as the law had said publications of a certain nature were libellous, every one was bound to obey it, whatever his private opinion crept be, and the Jury were to judge of the conduct of the Sheriff by the law of the land.— The Learned Counsel then proceeded to argue that the Plaintiff's case had not barn made out. He had not shewn there was any connesion between those who tossed the writ and the Defeudatit. Ou the contrary. be should be able to prove that Mr. Parkins, so far from having appointed Mr. Coiling ridge the Secondary, had protested against his acting fur him. Tfr CUM ANTICS said he did not think, after th which had been made, purporting to he the return of both the Sheriffs, that that topic could be urged. If the return was false, a motion should have been made to have it taken off the file of the Court. Mr. Cooraa resumed.—There Wls not the slightest reason fur imputing malice to the Sheriff, he should therefore on that ground be entitled to the verdict of the Jury. It was the latter end of Michaelmas Term that Cathie went to prison, mod it would naturally be asked, why he had taken no steps to 'meditate the sale by the Sheriff. The reason was, that the great object of the Plaintiff was to pay his fine from some other source, sod not to have the works sold in the mass, but to reserve them for a pri,fitable retail sale. When the She riffs entered they found a number of works, but all in great coofusion. It was notorious that many of the works were libellous. Was it. therefore, lie would ask, malicious, or only A prudent desire not to violate the law, which had induced the course which had been followed ? Notwsthstanding the jeopardy in which he placed himself by it, lie must dissent from the doctriue of his Learned Friend, Mr. Scarlett, that the sale by the Sheriff was not such a publication as would subject lam to ■ prosecution. In a recent case it was prped that the publication had taken place in the ab arnee of the Defendant, and init:Aout his tutor. ledge, yet it was held that he was answera ble for it as having first put it in motion.— His Lemma Friend had supposed the Sheriffs were so ignorant as, from the title, to mistake the nature of the Bishop of Llandaffs work ; but if they had mistaken it, so had his late Majesty, for. on sceong the title, he exclaimed, " Apology for the Bible ! The Bible wants no apology." If the Sheriffs had taken the lime to separate the itinocluot pall of the work from the other, it would have occupied till this time to effect it. Mr. Cooper again urged the negligence of the Plaintiff in taking no steps to compeloa ale ; and argued by analogy, that a men who looked on without complaining, whilst another rected buildings on his laud, the inference of ••••.r.-...,An.m..•l•M•dMiga_ • , • 11 • A\virl ~:I i i ; 11 I P • A ' -0 . ~' 40' 1 ' ' tr . ::i ~- 1 l _