The Sun. — London, England, 1812-11-27 00:00:00

LAW REPOIIT. COURT OF CHAISCERY, Nov. , 2 ‘, HAYMARKET THEATRE. mottras v. COLMAN. This cause stood for jUdguient upon an excep tion taken to the• Master's Report, which found that Mr. Colman had not consented to the sale of Mr. Tahourdin's share of the theatre to the plaintiff. Its Lordship gave hisldecided opinion against the Master's Report, and in support of the .excep tion filed thereto on the part of the plaintiff on,a former clay, and now stated that his minutes were made for the Registrar•, the words of them being taken front the Tay words of Mr. COL- . man's own statement of facts delivered in before the Muster. COURT OF EXCHEQUER, Nov. 25. ' WILE KING V. EIGNOLD. This was an application to the Barons of the Exchequer in,behalf of two Societies established at .Norwich, under the name of the Union Life and Fire,Assurance Societies. Is appeared that the Cominissioners of Assessed Taxes had made their assessment on,the property of these Societies on a scab, which they contend ed was by no Means proportioned -to the real state of their concern. A representation having been malls' by the Secretary' of the Societies, first to the . Board of Taxes, and finally_to the Commis -siopers, a revisioic of' the assessment was Made, hut the. Commissioners affirmed their . -former de termination. . HoLuoyn endeavoured Shis day to shew, by a statement of the affairs of the Society, that I hey had been unfairly assessed, and he contended that the Court had a power to coutroul the Com missioners, and reverse their decision. The ATTORNEY-GENERAL opposed the applica tion to quash the assessment; on the ground that the Commissioners bad a power given them by Act of Parliament; which did not admit of the in- Orference of any Court in their decisions. The CUIEF BARON, in giving judgment, ob . served, that the Legislature had made the deter- . thimitions of • the Connnissitiners final. If the Court was to consider all the decisions of those Cominissionars, they could never get through one tenth part of their business. if.arons Gaan.vm, and WOOO, were of the same opinion.'--Application retuSed. COURT OF BENCH, Nov. £G. THE RING V. BELL AND HARVEY. Mr. SCAnLETT, Mr. BROUGHAM, iind Mr. WRAY, sheaved cause agaiirt a rule nisi, which, had been obtained by the SOLICITOR-GENERAL on a former clay, calling upon the defendants 'to shcw cause why a criminal information should not be filed against . them for challenging and posting .Alr. Ed- ward Parsons, merchant, of Lon - don. The pro-, secutor's exHparte statement of this case will he racollectgd, as reported when the motion was . Made; and the defendant's Counsel now produced affidavits of Mr. Bell, who is' also a mercantile • man, and of his p.artner,' Mr. John Clarkson, in answer to the prosecutor's affidavits. They stated,' that the prosecutor, who is a Gentleman in years, and of consideration 'in 'Batson's Coffee-house,' loudly said to the defendant, Bell, in that place, after the discussion of the mercantile dispute which gave ris e to this. quarrel, '' I shall have nothing further to say to you : your conduct is unlike that . of a gentleman or a merchant,, in not answering i ly letters*; and I will have nothing further to do - with you. ,If Mr. Clarkson . wishes to, speak -to me, lam at his service." Upon this the de fendant asked for an explanation ; but the prose cutor replied With equal violence, • I have no thing to say to you : you have behaved like-any thing but a gen,tleman." Upon the defendant's, quitting the coffee-rooin, - the prosecutor called out, '' You ought to be ashamed to shew your face here ;-"-' upota which ,the defendant asked, What is that you say, Sir 1." in a manner which. might import a threat. The prosecutor then called, " I'Vaiter,•turn this man out of the room : be is going to make a riot." The defendant then replied; " Now, Sir,- you've settled it." The Learned Counsel attempted to reconcile this statement with what had been deposed by the prosecutor and his witness, who; it will be recollected, Swore to the words "rogue, scoun drel, and coward," as proceeding front the defen dant. The prosecutOr's affidavit, said Mr. BROUGHAM, admitted that he complained of the defendant's conduct„-and that be meant •to admi niSter to him a moderate rebn&e - for his unmet-, 'Candle. conduct ;' and neither his affidavit, nor - that of hi-s. friend, negTtired the coUversation Which was now sworn to have passed. The latter •expreslly:said, that he -was- not near enough to 'hear the„wholea The - SOLICITOR-GENERAL, in support . of "the 'rule, was ttopped by the Court. Lord ELLE - siaokiouGn.Really it is, high time • ,tfi put a stop to this spurious chivalry of. the - compting-hbuse and the counter. The Court has ken for these two days occupied with cases of thni • yesterday it was an angry linen-draper of kristol, who had been a little*time in the Local Militia; long enough to imbibe all the worst preju 7 dices of the army, that thought :proper to „post a practising surgeon for not accepting a challenge ; and to-day we have a, mercantile man in the same predicament. Instead of posting their books., these tradesmen are posting one another: The Court desires it to he understood, tbk it is not necessary for the party applying for a remedy against such an outrage as this, to come perfectly unblemished before them.; and that if it shalt be shewn. to bc necessary for public quiet and justice, they will interpose the remedy sought 11 the challenge in bilis case had . been sent co instunti upon the defendant's quitting the >coTee-house, the Court would have contemplated it as emanating from the venial irritation of the 'ruonmlt ; but-it appears that he at first applied to, the pro,ecutor for an apology, upon the re fusal of ,which, his friend the other defendant, LONDON: Peintod by TrIONIAS At the -Sus OLFI was sent upon this mischievotr and ' malignant mission to the prosecutor, in the country ; and then, because a man refuses to be hunted down when dining out at a friend's house, and, chal lenged at six o'clock in the evening, he is to be posted for 'a coward at Lloyd's Coffee-house the next morning.----Rule abSolute. PICCADILLY PAVING. THE INHABITANTS OF WESTMINSTER V. THE COM- MISSIONERS OF LIGHTING AND PAVING. Mr. PARK shewed cause against the4i.tile ob tained : in this very interesting case. A Rule has been obtained, to 'slim cause why a Mandamus should not issue, to be directed to the Commis sioners of Lighting and Paving, calling ou them to enforce the parish, in whose district it might happen, to repair the paving and roadway Of Pic cadilly. He had appeared on the , part of the parish on a former Occasion ; and the Lord Chief Justice (Ellenborough), was pleased to allow time to- his clients, to ascertain whether there were any' disposable funds in the posses sion of the parish, : which could be appropri ated to repair ,the paving in Piccadilly. It was now ascertained by all parties, that Cow. parish had no " disposable funds" for such a purpose; but as application was about to be made to another 'place (Parliament) for an extension of their means of raising money, to (iable them - to make -such repairs, he now, applied for the Rule Nisi to be dismissed,, as that was understood to be necessary revionsly to any. application being made to. Pa rliament. Sir GAR ROW co 61,1 not but - consent to the dismiSsat, as there were no funds-, and. as Picca dilly must remain in-its present" condition 'till le gislative authority was obtained for raisingg - 1110re money. Liord ELLENBOUROUGH observed, that as such was the case, the Rule must of course be dis missed.—Rule dischaiged. The Court did not rise till after four o'clock. NOVEMBRE 25. THE KING V. JOHN HORNBROOK. The defendant had beci found guilty, at the last Devon Assizes, of libelling Mr. Carpenter, a Magistrate, residing pt Tavistock, by sending him a.privltte letter, charging him with bribery and corruption, in the; exercise of his 'magisterial functions. _ It appeared flint both parties resided at the same place, the defendant being,a surgeon. charge had been exhilAted by 4 young girl against defendant, but on being put to her, oath she . -swore that 'he had never taken any improper li berty with her. Some time aftetwards, however, the Sallie; . 0-1, when in a state of pregnancy, .again appeared before the same Magistrate, and swore the child of which she was then pregnant to defendant. Ilercupolfderendant seat the letter to- Mr., Carpenter, which stated, that he must have suborned the girl to proceed in this manner for the sake of injuring his former friend: Mr. Seijeaut PELL and Mr. BURROUGHS spoke in l mitigation of punishment ; and Mr. JEKYLL, and r. ADAm,, caked upon their Lordships for an exemplary punishMent, on . the ground that the Magistracy of the'County ought to be protected. The defendant was sentenced to be confined in the King's Bench Prison for''Si. Weeks. - THE KING V. JOHN AGG. This was a prosecution fm, a libel that had ap peared in 'a periodical publication, cal 'd Town Talk, in January last, on Thomas Best, charging him with being a gambler, a swindler, and a man of the blackest hue ; one who had been the cause of his own dishonour, in driving his - wife into a course of -infamy, for the sake of money,' which he afterwards enjoyed. It had been tried at • quildfordnt the last Sur rey Assizes ) and Lord Ellenborough read his notes_ of the trial. Mr. Harrison, an attorney, had purchased the publication, and, had after wards waited upon : Agg, the publisher,.a prisoner in the King's Bench, calling on him to give up the author ; but Agg said, ". No, I never give up ate author ; and as for me, lam now a prisoner in the Bench, and . have no money, therefore nei ther fine nor imprisonment can affect me, even though you prosecute and obtain a sentence against inc." It also appeared from the evidence, that time prosecutor in this case, Thomas Best, was the gentleman who bad the Misfortune to kill Lord Camelford in a duel. An affidavit 'made by Thomas Best, the prose cutor, now in the Rules of the Bench; was put hi. It set forth not only the libel, hut subse quent publications respecting it, and in illustra tion of it, that had appeared in this Town, Talk ; and it also set forth the several reasons for deem ing the libel to have been written on Mr. Best.. M. ADOLPHUS; for the defendant, called for a lenient judgment on his client, as the libel was cnia inan who had made himself the • subject of general talk, by his conduct, and who was ►fow living with a very cdebratect- lady,- 'although he had a wife in existence. As to the charge of not haV.ing given up the author, after the defe,,,:ant had committed so great a " mistake," by pub lishing the libel, he could not but think that merit was due to Agg for hiS Conduct in ti►is particular. Mr. NOLAN, on the part of the. pros.ecution, oh served with pointed severity on the heinousness of the libel, in calling a man, of v: - hom it was in evidence the, defendant knew nothing, a swin dler, a„.. gambler, and the cause of his own honour. Mr. Justice GROSE delivered the sentence of the court, observing, that Agg appeared to he a sys tematic libeller- 7 -one who was destitute of fear, principle, or shame ; a.id, tinder such circum stances, it behoved the Court to take care that he should not outrage private feelings and public de cency with impunity. His sentence was—That he pay a fine of 501. to the King, be imprisoned for Niue Months in Newgate, and at the expira tion of such term, that he enter into recog- Lizances, himself and two sureties; for three -years. The Court was occupied till near five o'clock in • pronouncing these judgments. POLICE. BOW-STREET.— Yesterday John Drake was brought to-the Office, and charged •.with feloni ously stealing a large quantity of wearing ,apparel and linen, the property' of Lady Sutton. and Da niel Bailey, Esq. which had been entrusted to Mrs. Brownel, a laundresi, in Chalton-street, Sow mer's Town. The prisoner . was employed to take the pro perty" horne b but instead of that tie absconded with it. lie was advertised in the Hue and Cry, which was observed by the Police-Officer, at Coventry, who discovered the prisoner near there, and went to apprehend him.. The prisoner made a degie rite resistance, Which compelled the officer to prodUce a pistol and threaten to blow his brains out, and in the affray he knocked five of his teeth out ; he afterwards brought him to London. Part of the property has been discovered to have been pledged by a wo m an th e p r i soner coha bited with, and another part of it has been re covered by the same woman offering it for pledge, and on her being questioned as to how she bey came possess.ed of it, she ran away and left it ill the shop. , - The prisoner was committed for further exami nation.. A man was charged with uttering forged-Bank, of England notes, by selling . them to Dickonfl, one of the iiatrole belonging to the Odice, and wo committed for trial. F •VsioN-HALL.—Christopher Rowland was yes terday brought before Mr. EVANCE:. on an in- . formation charging him with working a private still. James Charles York, a custom-house officer, stated that, in consequence of information he had :received, he procured a search warrant , and taking another officer with bins, went to the defendant's- house, in Prospect-place,Malworth• After a shore delay, they, obtained admission, and •in an inner room discoyercd two stills at work, one of them, of the dimensions of sixty gallons, was cllarged with wash, the other of thirty gal lons, was charged with low 'wine. No person except the defendant was on—the premises. The defendant, when called on for his ; defence, said lre was employed by a Mr. Smith who rented the house,.but who he was, or where he was to be found, he couldinot tell. The defendant was fined 301. and.costs. BIRTHS. - On the 4th inst. Viscountess Kilcoursie, of a . son. On Saturday, at Birlittglnuu Rectory, Worcestershire, th e Lady of the Rev. Alexander Luders, of a daughter. Lately, / at Lynchfield-House, near Bishop's Lydeard, th e Ladv.ol'r. M. Charter, - ail, son. - • • A few days ago, at the Cottage, Saiutfiehl, the La.l7, of the Rev. H.• H. Woisley, of a son. • MARRIED. On Tuesday last, L. Southgate Austin, Esq. of Wootton; under-Edge,' Gloucestershire, to Miss daughter Henry Hicks,.Es:i. of Eatington 2 min the sae County. Yesterday se'ttight, Joshua Bariby, son of the Lite ; Rev. -- 7 -Ikrthy, of Stoke, to Miss S. Rottertun, dan,, 4 ." Mr. Rotterton, of Bone;hton Gro.nge,.NorthamptOnshi:e. On Thursday, t`3e Ith inst. the Rev Thomas Carr, to Mi' s .I%torgan, niece to the Right Key. the Lord Eishyp of List' . On the 17th inst. in 414 re-street, Limerick,. John LAO; Sticreyur of Excise, -to Susannah, daughter of the 1.0 4 "' - Peter Kerne, Esq. of Clare. Oa Monday last, at I'Viaferry, Roger Hall, Esq. of Miolo t ,, -- • hall, to Miss Barham l'ayage. daughter to the late - Potrl:" Savage, Esq. or Po'rtaferry, anti si•.ter to AlitirtiwSaqgc gent, Esq. of Portuftrry.• • ' Oa Tue - sday lasi, • a IVelll24 . frorou : ,r,h,. Thanks Hyd , o' Grove-House, in .the County ut Worcester, to.,lpra .eldest daughter of the Rev. John Tole Lately, at Glyde Farm, in the County of Louth, the :cat. o f' . Chiebester Fortescue, - Esq.' •the Right Hon: George %no - , 111 Harriett, yi.angest dang :ter of ; the late Tboalas Pefloclic' Esq. • A few days rip, it:Fearhatw Church, the'Rev. W,- eaor of Wailstown, to Q - onstantia Maria, second <Plat;ht• e i l of E. Arnistron ' Esq. of Gallon,- the_King's COtmt; niece to Lord Ashton. • DJ ED. WO01), of No: 22, ItuEsell-court, Brydires-street, Covent-garden; ll'uhlished by WILLIAM AIiNIIGEB SCRIPPS,. South Holton-street, Grosvenor4quftre, ;E, N. 112; WitCM ,thivertiientunts„ Order; tur•the Pupur, Letters for the Editor, &c. (post p tr el), must he addressed... . , On Saturday last, in Orchard-street, Portman-square, "!' • his road t(iDev.),l, fol the 'recover of his healtk, i,t thr 6‘•;t l ' VekLl' of hilt age, the Itev.•Thantas AlJricy, of .1 - .;c1 1 ) , ' Hotisc,-Yorksnire. Oki ToCsday morning, after a sbott James RDo' l ft Jowett, of liell's-buildink,S, Salisbury-sqhare, • • On the Wtil inst. the infant daught e r of Dr." NI, L ight. of Norwich. • • Yes terd sy,' is Aliop's-buildings,New-roa3; Mrs. Its y at an advanced age. HIGH WATER. AT.LOND:)N • i• Morning, 33 minutes after 9. I ening, 53 minut,s BRITISH REVIEW. INFLUENCE OP. PREROGATIVE? Being an Attempt to reMoye certain POPULAR MI.SCONttP . ,:TIONN, respecting the Present State of the BRITISH CON sTirunos itod GOVERNMENT. By llnft.lck: Twlss; -Esq. • Barris`ter -at Law. We have, as often'as opportunity permitted, di rected our attention to works of merit, which appeared in the literary world, and pai•ti€ularly to those of a political nature. We, therefore, no tice the pamphlet before us, not only on account of its intrinsic merit, but because it relates to a subject which has been much misrepresented and has lei to many erroneous opinions in the public at large. Among the complaints of party, and more. especially of those persons who. have been tainted by the revolutionary doctrines which have been th►e fruitful source of so much misery in France, it has been the common cry that most of our evils arise from the increased influence:of the Crown., We well remember that the Mar►}uis of LANSDOWN, father'of the Noble Man who at. pre- - sent beats that title, madea,very elaborate speech, many years ago, in the House of Lords, in which he entered into a comparison between Influence and Prerogative; -aml endeavoured to spew the insidious and baneful tendency of the former, op posed to the open and definite character of the latter. ' About 'the same period, the celebrated Mr. DUNNING insistedmpon the following proposition in the House of Commons, viz.—" the Influence of the Crown has increased, is increasing, and ought to be diminished." The reas o ning of these distinguished characters, but esi..!cially of the lat . ter, made a strong impression on the people at the time, and excited much delusion in the public Mind, which,, no doubt, still remains. We are, therefore, glad to see the subject brought forward 'by an ingenious young Barrister, whose talents are by no means unknown to the public, and hold forth qt fair promise of future eminence in' his profession. He ,has evidently considered the question attentively, and displays no small portion of political acumen. But our Readers Shall judge for themselves: having, in his Intro duction, laid down the following outline of his ,arguruent,;— " That since the Revolution, in 1683, when this Constitution was originally established, the power, not only of the Commons,, bet of the No bility, has increased, and is increasing with a ra pid progress ; while the Prerogative of the Crown, so far from having increased in proportion, has' even suffered a positive and material dim nution.— Seckmdly, That, (the relative equality of the three forces being thus deranged) it would have been impossible for ,the balance .of the Constitution to preserve its original equilibrium, if the Royal brandh, of the Legislature - had not happily pos sessed within itself, a'restoring and counteracting principle, which has expanded in the form of in fluenct.—Thirdly, That there is no foundation for the charges which have been brought against this Influence, bn the score of exceFs in its amount, or of depravity in its principle ; and, Fourthly, That even if its inconveniences were really what they . have been represented, it .would still _have been imeomparablv preferable - to that stern Prerogative, which it has recently superseded, and which, if Influence were banished, must of necessity be revived, as the only adequate sub .stitute to Check the power of the Lords and Com mons— And touched upon several points in illustration of his proofs that the Influence of the Crown has obviottAy declined, he proceed thus Private opulence is public power ; it puts the common subjects of the realm above the dan ger of threats and the temptation of bribes. : ; . it brings thPin near to there aristocracy in conse quence and character, and 'protects theni, more esssentially and usefully, than all the rude con- Cessions of King John,' or all the nobler enaet ments Of Icing William. Wealth stands secure against the oppressor, for it can both resist and retaliate. " In this hasty view of the rapid strides with which, of late years, the people have been ad vancing in power, we must .not forget to notice ar.other class of .advantages, more immediate and specific than those before enumerated ; the acces sions which have been gained directly to the liberty of the subject, by, modern Acts of Parlia meat and judicial decisions. I will not trouble my readers with a dry enumeration of legal autho rities, nsir touch, even for a moment, upon points" of inferior importance ; it is enough to remind them, by way of example, that the..Constitiation, with all its provisions tor the preservation of civil liberty, had left, for the Judges and Parliaments of the present reign, the task of abolishing general warrants, and of confirming to Juries the ines thimble 'right, immortally associated with the noble name of Erskine„the right to decide on the law as -veil as on the fact of a libel ; that is to say, on the spirit of the thing published, as well as on 'the act of publishing short, the two ,most' tremendous blows ever levelled at .the Influ ence of the Crown, have been struck .during the very reign in which the despotism of- that Influ ence is said to have become absolute ; and struck too by those very Parliaments which are slander ously, represented as the instruments and slaves of this CleSpOtlslll. " But, arming the causes which have lately aug mented the relative power of the people, there re mains another, more efficient than any of the rest, nay, than-all the rest togethei.; I mean the. vast increase of knowledge among all orders of the State. The ,fitst and most obvious symptom of this increase' is the crowd of publications on almost every subject, that swarm from .the press, and timid a.certain market, even among the lowest classes. Much of the literature is,idle, and some of it, per haps, even mischievous; but yet, upon the whole, it is a proposition almost identical,.that habit of reading is aliabit of improvement, iatel-: lectual and moral. Scarcely an inatividual of the e‘nutnon people, a hundred .years ago, could dis tingukh a letter in the alphabet; nay, it may be allowable to add, without any ludicrous insinua Con, that the female part, even of the middling classes, were unable to spell the common words, occur - in - daily correspondence. But now we have schools and institutions of every kind, as well for the diffusion of general instruction among the poor, as for' the promotion of science amoil the educated ranks ; and four-fifthS'of the whole population are as superior to their grandsires, their grandsires were to the .painted aborigines of the island. • " rfo all these good effects, the Newspapers and other periodical publications have contributed id an incalculalile : inventions entirely of mo' dery date, and becoining every day more and mop; numerous and important. By the intervention Of these extraordinary engines, every species of pubs lie intelligence is instantly made known to the subjects of the three kingdom's, with all the ton' trary comments of opposite partisans ; the De'• bates of the Parliament, which, a hundred •vearA ago, it would have been an unfiarthinable breach of .privilege to publish, are detailed, the verf* morning after their occurrence, and canvassed in every public resort ; and, _which is more than all, the national. feeling may, on' any great emergency, be roused within a few hours, and al' most simultaneously communicated and set in ino , . tion throughout the remotest provinces of the breast empire. From all these facilities—facilities so recent that they have grown up within the personal re collection of many who are yet alive,—has sprung that restiesS, resistless power, which men call, Public Opinion: That power, no • menace can stifle, no violence subdue, no artifice undermine its subtle, unembodied spirit 13 present every where, piercing, anti watchful ; and swift, and searching , the very 116 - arts of men. It nibves iu d:u•kness ; it 'speaks in thunder : it. singles out the mightiest for it; attack,—aud whereit strikes) destroys;! To be continued.