The Sun. — London, England, 1823-11-20 00:00:00

7 ; I , . , ~' : . 4..,.., , j• .I,:ii,, . ; 1 ,1,7, F.S I . 010 7* . 777: 4. '1- !:•74 ' : . : ' `. • -•!VZ -- ',, ' • 4 , ' , ''' 1 •;'' -.,,, F - 4' ( ;r1 4 l O, - - "- -' -,. -'-- * ,- -,- '--. - - . . " Y - .. , . .. . .... . .. .. • ia' 7.7 ..., ... .4_. 0 . . * )Jrfr NumBER. 9748. THURSDAY, NOVEMBER 20, 1823. •, , ,;"ti: \ -4\N i, I -!` N j• ! LAW LIFE ASSURANCE SOCIETY, Established ISO, For the purpose of granting ASSURANCES upcin LIVES and SURVIVORsHIPS. OFFICE —LINCOLN'S INN FIELDS. - The subscribed Capital of this Society is One Million Sterling TRUSTEES. Ateheson, Nathaniel, Esq Atkinson, Thomas, Esq. Bicknell, Charles, Esq. Green, William, Esq. Pepys, Charles Christopher, Esq. Scarlett, James, Esq.M.P. Williams, William, Esq. NI.P, ;TORS. Oldham, Adam, Esq. Peakr, Mr. Serjeant, Pollen, Richard, Esq. Preston, Richard, Esq. Reardon, Daniel, Esq. Scott, John F. Esq. Sugden, Edward B. Esq. Viiard, William, Esq. White, Richard, Eaq. Williams ' Charles F. Esq. Wright, William, Esq. DIItE Amory, Samtp-1, Esq. Ilickerst e th ' Henry, Esq. Brougham,, Henry, Esq. M.P. Brundrett. Jonathan, Esq. Cordate, William, Esq. CoUrtenav, Philip, Esq. Farrer, Oliver, Esq. Holme, Bryan, Esq. Jones, John, Esq. Knight, William Young, Esq, Lowe,lVilliarn, Esq. Macqneen, Thos. P. Esq. M.P. Assurances are effected by this Society upon the Lives o. Persons in the Army, the Navy, the Church, the Law, and in every other station of Life. As large a proportion of the savings as shall be deemed consistent with the security of the Society, will be • periodi *all, divided between the Assured and the Proprietors, as f°ll(i n's!--rtiur-fifths will be added to the Sums specified in the Policies effected for the whole term of Life, to be payable at the expiration of Life; and the remaining One.fifth will be carried over to the Proprietors' Guarantee Fund. Art mlements hare been made, under which Assurances May be effected upon the Lives of Persons resident at consi derable distances from London, without the payment of a fine for non - appearance at the Office. Attendance daily at the Office, from Ten till Four, where a Prospectus, with every other Information respecting the So ciety, 'nay he obtained. C-1- The G n --mem ...oar', is every Wednesday, at Two lint Assurances may (if necessary) be effected on any ,, Oilier daY, upon Application at the O ffi ce. aepteruber, 18 23. JAMES ANDERTON, Sec. TTHE NEW. TRENCH SILK CLOAKS. LIES E Fashionable. and Convenient Articles di of Dress, whh are now so much in demand by La bes of every age, ar e ' selling by BROWN and CO. in every eal ltiful and useful colour, at considerably lower prices than 411 Y other House has been enabled to offer them; in addition to their being the most fashionable Walking Dress, they are r ( luallY adapted, by their warmth and elegance, for the car tage or places of public amusement; price 50s. to 80s. , m 4 large quantity of beautiful and rare SHAWLS, from " 0 . to £B, the property of one of the. most erninent Factors, Which must be sold for Cash, many of them at half their ori -11111111 prices. ~ The usual variety of new Silks, and all articles s old by ot h er ilk Mercers, at Brown's, No. 15, Henrietta -street, Covent- Uoden. This Day was published, p r ic e 3 s . &1., C AWS GRACCHUS, a Tragedy, as per. ny at Drury-l a ne. jA MIRS . . gHERIDAN KNOWLES, Esq. Published ' -uu lt* of Virginius, a Tragedy. bY Rid way , Piccadilly ; Hurst and Co., 91apside; Constablegaua'BCo and J. Fairbairn and Co., nburgh ; Dublin. Reid and }lenders° . n, Glasgow ; and Milliken, VIRG/N .7Q Also, by the same Author, a Tragedy ; a New Edition, price 3a. Bd. LONDON REPOSITORY for the CABINET MA KERS SOCIETY, for every Description of CABINET l' i UR I'URE, FEATHER, BED and MATTRESS__ 'IIANU. • FACTOY, No. 71, Corner of LEADENLIALL ' 6TREET, London, opposite Aldgate Pura l lt 'lleY Only.p. Ready N, Society of Cabinet -Makers respectfully 't,..,. l nforrn. the Public - that they still continue the above ihne.isutishatent, for the Benefit . of Industrious Mechanics who ii'eloge Familes, by offering themManu . factured Articles etibinet Line, of the best Workmanship, ,and perC h c ea e x t e . r , tC 4 41-1 Y Rouse can do in London by twenty-fiv e _ I , e u re bring no other profit required on tt e e sil a fti oo cn bu l t the bare t satisfied ,„°,2!expences ; at the same ti e n n i t e will I for themselves an d families. (Tist.yiving constant Etnpipyrn_ 20 %f 8 Society WAS Established_ in June, 1821, consisting of li 4 ec hanica, adding the number of their Wives and Fami. t h e : , tut ounted to 66 ; in June, 1819, five _snore _ 82 we l r , e added to ,(14i et yJune, 1820, 10 ; and in J 1 th," Number now receiving Support through the Means of `,ltttablishinent is 191. OS Society and their Families beg leave to , return their ilftyclit t!)anka to those Ladies and Gentlemen who have fu7ti.. eft° honoured them with their Orders and. Reueorinros to give 11 1. MI it Shall always feel happy in their thei r eit'atiafaction ; at the same timelic e it n i e t v ontinuanee of 111, kienevolence, whereby they may be " enabled to increase b. Pilllllber of the Society. inserted as a S pec i men "e f°ll°lvin Articles are inser Realy juoney only. 140 v, Pull . prices, all warranted.- lath bottom 31. 15s. ,pull size "atinY four-post Bedste. tit i i, ,slze telit Bedstead 11. tis.-Bordered _h s all 'Mattress to 21, 10,41'.Aahogany Drawer, solid ends 31 3 . Feather Bed tilt is .--" to ', free from dust and smFll.fullll.s6ll3lß. 65.--Best do. .s3ll„ired Chairs of any description oil Ittl, I:out-stand 165.-Ditto, Dressing Table _lgs.-Hearth loci lakti; g 4 O l-- 'O 3 ft • 6 inches Chest of Drawers 41.45. dit T to hr o e n e-f p oo il. t iuld Y c etnbroke Table 11. 18s.- - D t a to ditto 11. 12s. ,beatcd* 4s .--Ditto Bedsteps 11. Bs,- Ilidet ll l ., Bl 15 4.-Mahogany IMeeng-tp. t ble 11.-Dato i'la te p i ditto 21. 2 s. -Ditto Box Glass, 2 drawe l r . N best British ISl vini: 618„..--t to ditto Is. (U.-Ditto ditto 11. 18s.-Ditto Ohio II --,8. large size, commode 35.-Ditto ditto ..... ditto t 9... .Ito ditto 125.-Sea Bed and Pillow 6s. A 6d faho D ga i n tt y o 411 sv r-gtto ditto 7a.-Tray Stand 7s-7 -1 0 g_ Caddy ble be;l,%--Japanned Book Shelf 75.-Tea . c ~.. airs _ 'ea.-Porta. Ittly '' .13.....-Deslt covers in number 14s. 7 -must un with Itat,,,Prl4ll as. 60.-Eiht Alahogany Chairs, covered -8 ditto ditto 71 641 '5 brass nailed 61. 61.-8 ditto ditto 61. g 61' to match 71 i f , : 73.-8 Trafalgar ditto 91. 95,-31alioganY -,--cipitt_o with a ct '`Ditto Couch 71. 105......Ditt0 ditto 81. 10s.- ) l' 14 ttle i r, (1 71. 10s.- Set of 'Mahogany Card and Sofa Tab les, on l'sbi tells, banded in rose -wood 81..155.-Set of M a h ogany _ga i bi tto tl, two Card and Sofa, on pillars and claws 1 21 _1 . 2 % 1. •Ni h , file best that can be made-to order or pattern . 181 l 0 :t. ;;- 12)414.p001e 7 ' foot 8 ' pedestal, Sideboard, with carved iiii, •„ -- itto 7 .foot 1 61.--Ditto 6 foot six ~- bitt,,-1? 4'ablei; of the last pattern , 4 foot by 10 - foot ,61 IL. ~ 151.-.-Set of __ I CI iki lOot 2hv 11 t oo t t 151.-Ditto, 4 foot 6by 12 foot fh 4 :1 ' L-- If S- • h ' of 31. 10 s.-Straw Palliasse I , ,8,„,r parllS ,an a dvan ce . 'tad h „, e, In Bedstead and furniture Jl, 15.- unb 11. 4 14. '''.llv ereich elyptic ton with drapery and frin ge , with i l i i' l lli .f°l l t tnahogany. fiiiii-Post Bedstead and furniture, _ __. y. 1 1:4 0 ' raPeries, lined all through, complete; 111. 10:_, a f‘tit7tipe r i ot t dittO, dint) 168. 10s. -Ditto ditto, with cornice, :i e. '4l4i 1114 e, IR. 1 0s.--Ditto ditto, with gold corice'mo. ...,. ( P,,,e i ti dl3,,,stY DraWing.room Curtains, of the b es t . .11. ". ti l ti . `' ull ltz, fitted for window, 6L 6d.-I)itto ditto 7i ,:4 7 - 1. - 14 1 i, - 1 , of a superior and elegant style of work, 101. Chairs l' .L.)... g•room -I ntad kiltiti w rose-w ood-Drawing -x-09m Traanfar Sofa fall3l. .• z",bitto ~ nil hula. 20 r 1.-'-ableoCovers, Ditto, 71. 7s. ..-44?!.tt0 H. P. ls.'"-Drawinm ' Cushions, et. 6s.- .. covered '4l. "--/lorse.liair ach ss. NI.- W. TIIUIt NELL, Agent. , ( 14r, Q r . % ,, es ij . , oi ~ N,,,Nlin v, DEALERS SUPPLIED. p hrts ' t;:q N N of expence, except the materials,lVest In. - .C t i,i,'?f . 9r eat Britain, and to the East an d .d ~, - And sent 714t3e4rrin%,11tted out, and merchants SUPPite with us h„ ,* 4 (41' rarPortation. ' 4 41 t,,l,4otinents Furnished at a few hours' notice, and 0 or four days. Pkict SZVENPENCEt very aged Clergyman, the gm ,F' n, the Isle t o Wi g h t; Who died in the year 1822, 'et thd - Very "ad vanced . agitofll2, and the parties,'Mr. Ilodgeon and Mr. Clernitson, both stood in the relation of nephews to the deceased. :In 1818 ,M r.„Dalton : had ~ made a will appointing both !the:se nephews his exeOtors. He afterwards conceietal some dis , approhation , of Mr: Clernitson, and in 1818: intide Ouse will, excluding him front the ,executorship; ,but theme suepieions SubseqUently vanished, And in Augiiit,, 1821; lie 'not& & will aguin in favour of both nephews ; the codicil in question. whierit was dated on th e ba c k o f I t M arch 21, 1822; was - wholly in ta.: von r of Hodgson t and the deceased. died in the followthg nuneth of May. The whole. pnaperti.6f Of' deceased`, amounted to,tietwetn 8,0001. and 0,000/., and out of this the. will of 1821 gave le gaciee of 1004- eac h to a ll hi s great' nephews .antliiiieeti; who were stated to be 411 in number. At the dine . or executing this'd ill, it is eleai det64d had great confidenceln Clernitson : on the Ist of B eptember.(a few days after the will) he wrote to Clemition; saYing—L'i llotigsen has settled ,nay Milt, but : it may:be, altered"-- .. rell mail yOu approve of ,it," &c. Front this time nothing seems to have oi: ettrred to alter the views of the deceeted, no quarrel with Cle; mitson, no new cause of affection Ibr Hodgson ; and yet a Cotti% cil is suppo se d to b e made on the 2let of Mar ch folloiing; Cit. titely altering the disposition of the ptoperty,ontlerixing.etthei—' the whole residue, or (according to another construction) the whole property of the deceased to his nephew Hollgte-ine • : The Learned Judge laid it down that where there is a fertiiil will, regularly executed and attested in presence of witnesses, the presumption in Its favour is strong, and a burthen lies to the party setting up another paper to eilta.blish it on proof ex tremely clear andstrong. In the present case it is begging e question to say th a t th e ca p ac i ty of the deceased, his hand ing, his capability,are till proved, and that to impugn it friend must be proved on the other side. The fact to be proved is, that this paper was written subsequently to the will of 1821; and thin is a question of fact to be decided on the conflict of opposing. pro liabilities. Here the Learned Judge went into 11 minute, de borate, and most ingenious examination of the facts, to chew that fur from being proved to have been wriueu after the will ,of 1821, so as to revoke great part of' its provision:t e n wail clearly written before that period, and probably before 1816. We have not now space to follow the Learned Judge through ail the minutite of these arguments t but in accounting for the date Indorsed on t h e b ac k of the codicil, he balanced the probabi htiea so as to show that it was at least equally probable that' it might have been done by the management of Hodgson without the dear testamentary knowledge of the deceased as hp the dt!. ceased; and he concluded*" Upon the whole, though I by no means pronounce that a fraud has been committed, I pro nounce that Mr. Hodgson has failed in proof.". CURLING V. ,TIIORNTON. This was a very important and curious question, which - arose on the will of the late celebrated *porting Col. 'Thornton :, anti it came before the Court on the admission of an allegation on the part of his widow, Pleading that by his will she was wholly passed over, and her son had only 1004 as a legacy. The fetes were, that in 1810 Colonel Thornton, abandoning his lawful wife and legitimate son in England, went over t,, France where on, the 30th Ja nuary 1 817 he obtained letters a naturalisation, bought an estate, assumed th e title . (att ac h e d to that estate) of Mar q ui s de Pody, and fixed his residence int , • vocably in France, where lie died in Mey 1823. In 1818, how. • ever, lie came over to England on besiness, and stayed a few weeks, during which time he made 4 formal will in the English language and forms, giving his property, real and personal, to a Lady who lived with him, and to her child or cluldrenoi.-- This will had been pl ea d e d in the form called a Common .Con.. ditlit: the allegation on the other aide pleaded In substance, that such a will was null by the law of France, and that col. Thornton being a naturalized Frenchman, his will was to be determined by that law. Drs. BARNA"' 1r end Pita el ato an w e re h ear d at petit length in objection to the adtniesibility of the allegation, they contending that the right of making a will belongs generally to all men by the general law of nations, anti it' modified by the laws of a partienlar country, those laws could only operate as far as their jurisdiction extended. Dr. Ltratellearo w , on t h e ot h er side , argued, that ,hy the I generally admitted rule of English law, all disposition of pet sone] property, whether by will or intestacy, must be deter mined by the law of the country where the deceased had per manently taken up his domicil, and that a merely casual visit to his native country and making a will there does not alter the case. 1.71ie argument was not concluded, and this curious and inte resting point therefore stands over for further discussion on the next Court day. SATE SAFETY LAMP. Since the last number of the Patriot was pub 4 }kited, we have felt great anx i ety upon the sub . ject of explosions in coalmines, and as the Co roner's inquest upon the bodies of the tinfortunate sufferers at ltainton Colliery hits been published in un extended and authenticated form, in the Durham newspapers, are consider it our bounden duty to lay before. our readers the following ex tracts from ItEt.:l' Cyclopedia, vol.. 38 article, , Wire Gauze Seely lamp. , " About that time (1009) Dr. Reid (nanny, a scientific and ingenious physician et Sunderland, commenced a series of ex periments with a view to insulate the gas which might ex plode in a lamp, anti cut off its communication with the surrounding air in the mine. With this intent he construct ed a lump in which the combustion of the oil is support ed by the ordinary air of the coal-mine supplied by' a pair of bellows, and p utt i ng t h rough a stratum or reservoir Of water below the light ;at the same time a orti of.the already in the lamp is driven thr oug h another p reser on ypir in th upper part above the light, anti thus the pir a - applied' mei ex plode within the body of the lamp • without communiekting the flame to the esornal air, however high it may he pliarged with earburetted hetirogen gas. The moment the air enters the /amp it comet m contact with the flame, anti' eonsequendy a small portion. at' it can be exploded, instead ..of the Whole c 073. tents of the lamp . ;by thin tome several obvious V31430$ aro secured. The air piing in a brisk current close by the filmic carries the 'snuff with it, so that the light is alwiiya clear wc4 steady. The other parts of the lamp were air tight, • and the whole made very strong, with u glass nearly half an inch thick. to prevent it from being broken by any common accident. is capable of being managed by a boy at a much less expence • than the steel mill. This lamp , . which for strength • a44.lee 41- curity front explosions and accidents, exceeds any 4 ,other that has once been invented, excited little attention among the coal workers where it was first made known. In this lamp, howeve r strong may be the currents of air in the mine, the fiame,taninat b e , affected by them, and The most dangerous blower may, be approached in p er f ect safety.' When an explo s io n lasts p l ace in the lamp it extends no farther, and the fianie is instantly eat tinguisinal ; and wherever, there is sufficient atmospheric air g) support life, this lathp will afford a safe and an abundant light, &c. To Dr. Clanny, however, the first discovery of a safety : . lamp is undoubtedly due, and we have rio hesitation in assert. big our belief that his original Safety-latnp,is the:most *acme of any that have since b een invented, wher..dangeroits parts the mine are to be explored, on acconnt •of ita more complete insulation, and its grotto. strength. hi s lamp hadialsor the merit of first huggeathig the possibili t y o f insulating tbe flame in the different lamps 1014 have since been con lumen:Al." These extracts will suffice to demonstrate the great vitlitie of the original safety.lamp of pr. Clantly, and we, area? ell , 3,ar muted that thi s lamp , ' from the su p er io r i ty Of light afforded it, as well as from as undirtputett safety when used In pheres of tirti.damp in coal mines, will yet be . thelityourifes, and come into general use. And. further, we do not hesitate ttt say that wherever the originel safetylamp is used, aodartgei• to the miner or to the coal mine alit ensue. We have letll4 that the identical original safely-lamp of . Dr. ('k 1. is new t e; 'the Library o f t h e Lit entryand tines' entitle, which, i n our opi n io n, to the very place ;.here i eere t ought to be depoiited, to stave as a model fluni which others e sy t.e constructed, and also to perpetuata, 4 .l lefairi:llne tiot i:.v 38 tsti We find, upon referring to dates, that t s stifety4aa,p , wee carried by the inventor into a field 'oratinditiliare ut 'fire.tbinap at the explodine pMin, even - before .any other atafetylarapi,feas constructed. We neeti.ticarcely remark that thathignuti ititop MO be constructed either upon a very atrial, or very larger scale, to suit any parti cu l ar case.—( C P arii3k ei ;et, Nowt** ter ..) LAW INTELLIGENCE. COURT OF CHANCERY, Nov. 19. BEER P. WARD. Mr. DENMAX and liir7l 3 xrLTlP9were heard in further support of the argument for setting aside the last verdict, and granting a new trial. The LORD CHANCELLOR did not know that it ' would be necessary to go on with the argument. At any -rate it would be useless to hear the other side until after the Christmas vaca tion: If the third trial were to take place, he would order it to be a trial at bar. If it were not to take place, then the other side had only to apply for further directions, and have the cause disposed of. COURT OF KING'S BENCH, Nov. 19. A warrant of his Majesty, issued under the recent Act for expediting business in this Court, was read by the officer. It required the Judges, or any two or more of them, to meet on Tuesday, the 13th of January, for the dispatch of business in arrear,,and sit till Hillary Term, but with a proviso, that it' one of their Lordships should he sitting at the Old Bailey, and another at the same time at Nisi Print, the remaining two Judges should have an option of either continuing or ternunat 'intheir sittings. The LORI) CHIEF JUSTICE announced, that in obedience to this warrant, his three Learned. Brothers would sit in the room adjoining the Court at Westminster, and that he should make arrangements for trying causes at the same time in the Sessions-house for Middlesex.. POOR RELIEF. THE KING V. ANTHONY COLLINS. This was an appeal against the accounts of the overseers of a parish in Suffolk. The case suited that the parishioners were charged with various sums paid to labourers who were able and willing to work, but who could not earn sufficient to Support theniselves and their families, and who were relieved in proper. tion to the smallness of their earnings and the number of their children. No work was provided for them by the parish offi cers, and sometimes no less a sum than 7s. or Os a week was allowed an individual family. Mr. COOPER, on behalf of the officers, said that he supposed three questions were to be raised on the argument—first, whether able-bodied men are entitled to relief at all; second, whether, supposing them to be entitled to relief, the overseers are not bound first to find them work—and third, whether pa rish officers arc justified in affording relief without the order of a Magistrate. The first question depended on the construction of the word " impotent," in Ale statute of Elizabeth--a word which could not fairly be considered as applying only to physi cal inability, but to every species of inability to obtain sub sistence, arising from whatever cause. It was as necessary that a man who was starving for want of work, should be assisted by his fellows, as that a man who was incapacitated from per forming work should be so assisted. It was impossible to con ceive of a state of society in which men unable to obtain the means of subsistence, should be left to starve ; in which they should be subject to the laws, yet deprived of their protection ; and know nothing._ of their operation but by the gaol, th e tread mill, and the scaffold. Mr: Justice BEST.—And yet such is the state of every coun try in the world except this country and (we think the,Learned Judge said) Norway. There is no system of compulsory charity : of course relief is often afforded by the voluntary compassion of individuals. Mr. COOPER proceeded to advert to the uniform practice of two centuries as conclusive of the meaning of the statute, and cited the case of " Walton v. Sparks," Skinner, 656, where the extended construction was given to the word " impotent." He' then proceeded to argue, that the magistrates were not bound to relieve the able-bodied poor by finding work for them, but might afford them relief at once in money. A contrary in terpretation would be productiv e o f this mtschief—that the parish officers would be obliged to purchase materials when no market could be found for the results of the paupers' industry. When the Act was passed, manufactures had not become 10. cal ; the act _of machinery had not rendered the works of the unassisted hand of little value ; Birmingham, Sheffield, Pais ley, Manchester, and Glasgow, wore not in exi s t ence as great manufacturing towns ; ; and - therefore a different practice might be useful. But now, when even the spindle wa s d eserte d, i t would be more absurd to buy material* which would be menu factored at a loss, than to employ the poor on the plan sug gested by a departed statesman, in digging holes one day and tilling them up on the next. On the third point, the Learned Counsel contended, that .the words of the Act clearly em. powered overseers to dispense relief without the sanction of a magistrate's order, and that a contrary interpretation would lead to the most disastrous conclusions. Mr. ANDREWS followed on the same side, and obaerved that the question was really one of frightful interest; for if the Court should hold that the overseers were bound to set the poor to work before they relieved, them, , all who now were assisted by parochial charity must desert the employments in which they were at_preient engaged, to. entitle them in futur e to r ece i ve i t . Mr. SCARLETT, On the other.eide, said that som e p ersons obtained a hollow popularity by asserting the right of the poor, under all circumstances, to compulsory assistance from the rich; but he Would,. at all times and in all places, as ser t th at there was nothing, more prejudicial to their true interests than the attempt to separate labour and profit, which were conne c t e d in nature.. What could be more absurd In principle, more de grading in practice, than the syitem which was now so coin• mon, of paying to the laboUrer loWer wages than he was justly entitled to receive as the price of his industry, and giving him the difference in the form of poor-rates ? It was said a farmer could not afford to lay out 401. in labour : then surely lie could not better afford to give 401. in poor-rates; and it must be more for his benefit to pay men who did something. than men who did nothing. He should contend, that under the statute of Elizabeth, no overseer was empowered to afford an able-bodied man relief in money, but could only relieve hint legally by proViding work. The Learned Counsel was proceeding to argue this point, when The Loan CHIEF JUSTICE observed, that as he must sit at Nisi Prins in a short time, and as he believed there were some motions which must be made to-day, it would be better to postpone the remainder of the argument to Saturday. hlr. SCARLETT assented to this proposition, and the argu ment was accordingly adjoured. The Loan CHIEF JUATICE then went through the bar, taking only motions of urgency, we believe, in order to give Mr. Chitty an opportunity of making his expected application to the Court. IN THE AfATTEA or JOUR THORTELL. Mr. CHITTY, being called on, rose and said, " I am in. structed to move your Lordships on behalf of John Thurtell, a prisoner in Hertford gaol on a charge of murder, for a rule to shew cause why Mr. Fenton, his attorney, whose presence is sworn to be essential to his defence, should not have admission to him at all reasonable hem. Mr. Justice BEST.--I 1 lie fully committed for trial ? Mir CHITTY.—fie is, my Lord; and therefore he is now within the provisions of 4 George IV., c. Of. passed for the re• gulation of prisons. The LORD CHIEF ArsTicr..—To what section do you re. her, as applicable to the subject ? Mr. Ciirrry.—To the sixteenth regulation, under the 10th section of the act, which directs that provision shall be made for the admittance of professional advisers of prisoners coin milled 'for trial. The' Lou) Cnizr,JUSTICE.—It is in theee terms :—" Due provision shall he Made for the admission, at proper times and under proper restrictions, of persone.with whom prisoners com mitted for trial may desire to communicate; and such. rules and regulations shall be made by the justices in Quarter sessions sembled. for the admission of the friends of convicted persons 101 to Ml6 ' justices shall seem expedient ; and .the Justices shalt also impose such restriction: on, the comnuinication and corre. spondence of all such prisoners with their. friends within or without the prison, as they shall judge necessary for the m e i n . tenance of good order and discipline in such prison.". The only question is, whether under this clause we can interfere. CII/TTY.—My Lord, we do not complain of .any regu. lation, but of total exclogion, which will entirely deprive the prisoner of an oppo!tunity of making an effectual defence, in a cve of the deepest importance. The Logi) CitiElr .11.1STICE.—litit still if the power of cc. in persons ,ilesiring to see prisoner s b e dg e u l l e a e t ate dg fiea to t a d ieg nil i g :t i rZ i te ni. aat sessiens, ;u)w can we interfere.? CHIT T Y.—My Lora, this Court, as the highest, Court o f cr i m inal judicature, has a superintending jurisdiction over ever y prison in England where parties are confined on criminal charges. Mr. Justice BEsT.—The rules made by Justices for re u. L a tin p r isons are not subject to the revision of this Court, but of Justices of Assize. Itlr. CHIT T Y.-I'o, the Justices of Assize are spe:ially di- rested to perform this duty ; hut the ancient power of this Court is not taken away. The LORD CHIEF JUSTICE.••-.ot whose act do you com plain—of the Justices in S ess i ons , or t h e v i s i t i ng Magistrates ? Mr. CHITTY.—My Lord, we have not seen the order it self, but we are told that it direct, that only one professional adviser shall have access to a prisoner, anti that this profes gimlet adviser, once admitted, cannot be changed, So, because Mr. Jay has seen this unfortunate man, he is told that he can have no other assistance to prepare for a most momentous trial, though Mr. Jay cannot give the necessary Attention to the cause. The LORD CHIEF JUSTICE.--It is not of a general order, but of a particular order, then, of which you complain ? that will alter the cue. Mr. Justice BAYLEY referred to the 10th section of the Act, and observed, that it governed the clause as to regulations by Justices. Mr. Justice BEST.—Does the prisoner hiniself desire Mr, Fenton's admittance? Mr. Cm TTV.—Yes, my Lord. It is sworn that Mr. Jay, a most respectable solicitor at Norwich, was retained with Mr. Fenton, an equally respectable soli c it or , and a g ent to M r . J a y, in London, by the ffiends of this unfbrtunAte niatiat'Nbreehf to conduct his defence, and with his concurrence. His family are highly respectable, and his father an -Alderman of the city of Norwich, and they requested Mr. Jay to conduct his defence. Mr. Justice BEST.—Who is it who desires to see the pri soner; Mr. Fenton, or Mr. Jay. Mr. CHITTY.—Mr. Fenton, my Lord. Mr. Jay is not ac. customed to criminal practice, and his avocations at Norwich, some of which are of a public nature, prevent him from re maining in the neighbourhood of London ; lie therefore wished to delegate the conduct of the defence to his town agent, Mr. Fenton, who is a gentleman of unimpeachable character; but the Magistrates insist, that because Mr. Jay has had an inter view with the prisoner, no other attorney shall have access to him and they refuse to giv e th e ir r easo n . Sir. Justice lIOLROYD —You swear you have applied to the gaoler as well as the Magistrates ? 31r. Curt-rt.—Yes, my Lord; and we have been refused. It is really a most urgent case; the interval before the time fixed for the trial is very short; and the prisoner may be tit terly deprived of the means of adducing that evidence by which he hopes to convince the public of his innocence. The Loan Cirtar Just ICE.—In what form do you pray the writ ? Mr. CHIT TY.—I move for a rule calling on the keeper of Hertford gaol and the visiting Magistrates to show cause why Mr. Francis Tarrant Fenton, attorney for the defence of John Thurtell, should not have access to him at all reasonable hours. The Lanni CHIEF J u STICE,—AII reasonable hours I Then, you must stftl leave it to the Magistrates to say what hours are reasonable, and submit to the regulations they may think proper. Mr. Justice BAYLEY.—You had better take the rule in the terms of the statute. Cit ITT t.-11 your Lordship pleases. We have no wish to infringe on the internal regulations of any prison; and Mr. Fenton swears he has no object in desiring to see the prisoner, but that he may be able to conduct the defence. The Judges consulted for some minutes. After which, The LORD CHI EF.ortIST ICE said, you have asked only for a rule to shew cause; but it has occurred to us that every man.; dames is in the nature of a rule to shew cause, as, if there be. any reason for not obeying it in term, that reason may be ehewn in the return. We think, therefore, you may take your writ in the first instance, and if there be any cause for not cony plying with it, the Magistrates will make a return. and delay will thus be avoided. Take a mandamus, then, addressed to the Magistrates, the gaoler, and the Sheriff, of Hertfordshire, Commanding them, in the terms of the Act. " to make due provision for t he admission, at proper times, and under proper restrictions, of Mr. Fenton to John Thurtell, he being a prisoner committed . for trial, and desiring to communicate with Mr. Fenton." Mr. CHIT T Y—May not the rule include Mr. Jay? He has seen the prisoner, an advantage Mr. Fenton has not, and he might be able to come up to town, though not to remain there. The LORD CHIEF JUSTICE.—Yes; the act says " per sons," therefore there is no objection. Mr. Justice Bast.—Mr. Fenton Ls of course an attorney ? Mr. CUITT Y.-0 yes, my Lord,, of the most respectable character. The Loan CHI EF Jtrrica—Then take the writ in that form. The following is the affidavit on which the motion for a mandamus was fotinded George Jay, of the City of Norwich, gentleman, and Francis Tarrant Fenton, of Austin-friars, in the City of London, gentleman, general town agent to the said George Jay, severally make oath and say, that John Thurtell is con. lined in Hertford Jail, on a charge of murder. And this deponent, George Jay, saith t h at h e i s a ppointed by th e family and friends of the sidd John Thurtell, with the con. currence of the said John 'Thurtell, to cause him, the said John Thurtell, to be duly defended against the same ; and that he, this deponent, is resident at Norwich, 119 miles from London, or thereabouts, and that from the nature of his pro. fessional engagements it will be Impossible for him to absent himself from home for a length of time sufficient to prepare materials and collect evidence for the defence of the said John Thurtell ; and he is, therefore, desirous that the said F. T. Fenton, who is resident in London, and near the spot, should conduct the said defence. And this deponents both say, that on Wednesday last, the 12th November instant, these de ponents applied to Mr. Wilson, the gaoler of Hertford gaol aforesaid, to be admitted to see the said J. Thiirtell, as his . professional advisers, but the said 31r. Wilson refused to admit them. And these deponents further say, that on Thurs day last, 13th of November, instant, they applied to the Rev. Mr. Lloyd, a visiting Magistrate at the gaol of Hertford afore. said, forp,ermitsion to see and consult with the said John Thur. tell, with a view to prepare forhis defence; but these deponents say, that the said Mr. Lloyd refused to admit more than one of these deponents, in consequence of an order signed by a nutnerous Bench of Magistrates, ordering that only one profes sional adviser should be admitted to the prisoner. And this deponent, F. T. Feuton, saith that he, this deponent, applied on Saturday last to the Magistrates, then sitting at Hertford aforesaid, about twelve in number, for permission to see the said John Thurtell es his professional adviser ; but the said Mr. Lloyd, on behalf of the Magistrates then assembled, in their presence and with their concurrence, refused such perinis. eion to this deponent, and declined to state their reasone.— And both these deponents positively say that they are advised, and verily believe, that it is absolutely necessary that this, de. ponent, the said F. T. Fenton, should have free access to the said John 'Thurtell at all reasonable hours, in order that the said John Thurtell may have a fair and just trial for his said supposed offence. And these deponenta further say, that they have no object, Intent, or desire, to see the said Joh n Th ur t e ll, or to be admitted into the said gaol, save and except for the purpose of duly defending the seuljohn Thurtell." The following is a copy of the 2 1 randantus:— " The Fourteenth Day . of Michaelmas Term, in the Fourth Year of the Reign of King George the Fourth. " (leorge the Fourth, by the grace of God, of the United Kingdom of Great Britain and Ireland King, Defend er of t h e Faith, to the Sheriff of Our county of Hertford - , and to the keepers of our peace and Justices of our said county, being 'limiters of our gaol of our said county, and also to the keeper of our said gaol et Hertford, in our said county, and to every of them greeting; .Whereas we have been surest to underetand, in our Court before us, that one John Thurtell is confined in our gaol at Hertford, in and for our county of Hertford, on a charge of murder ; and whereas we have been further given to underst a nd, i n our s aid Court before its, that one Ge orge Jay, of th e c i t y o f N or wich, gentleman, one of th e A c tor . nies of ou r s a id cour t, and oiSO one Fran c i s T arrant Fen ton, of Austinfriars, in the city of London, _gentleman, one other of the Attornics of our said Court, have, and each Of them heath, by the concurrence and wish of the said John `Thurtell, been applied to to prepare materials and collect evi dence for the defence of the said John Thurtell, for the said supposed °fie' nce ; and whereas we have also been g iv en to un . deretand in our said - Court before us, that the said George a, Jay, and the said Francis Tarrant Fenton have, a nd e ac h of them bath, applied. to you. or some of you, for their ad mission re sp ect i vely to t h e Raid gaol, at p roper time and him from time to under limper restrictions, to see and communicate with the collect evident* for the de. said John Thurtell as his professional advisers, fin. the , rials you and every of you, hw p t e u nc lies o kt s s oon e o o we t hina gf preparegee, edetiilmintaistge t e n, t t id :ns yet from premises, but not _regarding your duty f ence of the said. John 'Murrell against the offence of which in this behalf, have wro n g inil Y' r9l//sen the "bniuiee of the said George Jay and Francis Tarrant Fenton to communi. ra t e w i t h a n d see t h e s a id John Thurtell for the purposes afore. , said, and to m a k e d ue provision for-their respective admission as aforesaid, in - contempt cif us, and to the great damage and prejudice of the said John Timmll, as we have been informed from complaint made to us in this behalf; we; therefore; being willing that due and speedy justice should 'be done in this respect as it is reasonable ; do command you, the said visiting magistrates, end every of you, firmly enjoining you, that you or some of you do immediately, upon your recem ing this our writ, make due provision ter the immediate ad mission, at proper times, and under proper restrictions, of the Said "George Jay and Francis Tarrant Fenton respec. tively, into the said gaol, for the purpose of conunuracati ing with - the said JOhn Thurtell, a prisoner in the said gaol', committed for trial on a charge of felony and murder, who bath . desired to communicate with the said George Jay and Francis Tarrant Fenton ; and we also command you the said Sheriff', - and also the said keeper, immediately to admit the said George Jav and Francis Tarrant Fenton IOtO - the said gaol, and to continue such admissi o n according to . Moms or show us cause to t h e cont r ar y thereof; lest by your default' the same complaint shoUld be repeated to us ; and how • you shall have executed this ou r wr it, ma k e k no * n to us at IVesuninster, on Thursday next after 15 days of St. Martin, litetttrttifhing to this ourwrit ; and this you are not to omit. Witness; Sir Charles Abbott, Knt., at It'estminster ; the 19th day of November, in the fourth year of our reign: By the Court. " LUSIIINOTON." " By rule of Court. TILACICIItTR.S:" V. .3tACKEY. This was an action by a tailor against the defendant, for a bill of 131. as., for clothes supplied to his son when a minor. It did not appear that the lather gave any authority to the plaintiff to supply the clothes • but he had written a letter, offering to pay 71. Bs. of the, bill, b e in g a f ormer d emand, i f the tailor would send him a receipt. Mr. Itonirrsox addressed the Jury for the defendant, con: tending, that the letter was no proof of a prior agreem en t, an d that It contained a condi t i on which had not been complied with. Tile 'Loan etriEr , Jvs•rtcr: left the Jury to say whether the letter was evidence of an original authority. The Jury found a verdict for the plaintiff- Damages, 71.85. lIMIESFORD V. PREXTICE. This was an action of trespass by a Magistrate's cleric, against a poulterer at Islingtim. It appeared that the plaintiff owed the defendant 10s. ad. or Bs., and that he thought fit not only to demand it, but, on a reflisal of payment, to sit down and smoke in the plaintiff's house.—The Jury found a verdict for the plaintiff—Datnages, nisPaTcit . or BUSINE9I. During the sitting of the Court this morning, Mr, LE BLANC, clerk of the Crown-office, read, by direction of their Lordships, a warrant from his Majesty, directed to the Judges, founded on the act of thdlast session, for regulating the future dispatch of business in this Court. 'rite warrant was dated the lith of November, and, advert.: ing to the act in question, and to the accumulation of' bust• tress before the Court, cave the sanction of the Crosin for their Lordships to sit in . Lincoln's Inn-Hall, Westminster Hall, Serjeant's Inn. H all, or any other place which to the Lord Chief Justice and other ,Judges should appear convenient for a certain peiiod previous to the commencement of the next Term, to dispatch such business at might remain undisposed of at the conclusion of the present Term. The warant proceeded to signify his Majesty's pleasure that the Judges should meet for this purpose on the 13th of January next, and con» tinue to sit, if necessary, until the first day of the ensuing term. And his Majesty fu r th er di recte d ; t h at s h ou ld t h e Lord Chief Justice be engaged during such period in sitting at NW Prins, then the rest of the Judges should sit as directed, and dispose of all such business as to their Lordships should appear fitting to be considered in the absence of the Lord Chief Justice. The LOUD CHIEF jtISTICE.— The gentlemen of the bar will take notice, that, in obedience to his Majesty's commands, I will sit at Nisi Prius, in this place, durin the time men tioned in his Majesty's war ra nt ; an d my learned Brothers will sit in a room adjoining, to dispose of such motions and other business as may remain undisposed of at the conclusion of the present Term. COURT .OF COMMON PLEAS, Nov. 19. 4LEXitign}.:l2 v. DIXON. This Hasa notion for an attachment against a witness named Creighton, for cont e mpt, i n having neglected to appear on the trial of the cause on the 4th QC attly last, although summoned by the Court; in consequence of the loss of whose testimony, the rdaintilt had been obliged to withdraw his record. Mr. Serjeant T. now appeared to show cause against the Rule obtained in this cas e , an d conten d e d t h at it could not he supported, as the subptena which required the attendance of the witness on the 2d of July, although d a t e d 18 t h J une , h a d not been served upon him until the 3d. In reply Mr_ Serjeant VALIGUAN said, the subptena bore date as usual, the 18th Jull'e, being the last day of Term, and required the attendance of the witness in Court every day during the sittings. The Court held, that the witness having been served with the subpasna on the ad, requiring his appearance on the 2d of . July, it was probable he imagined it was then too late, and had consequently not attended.—Rule,discilarged, without costs. I TIWETELL V. BEAL/1416NT. Mr. Serjeant VatratiAN.—.My Lords, I hope your Lord. ships will allow me for a moment to call your attention in this case. Your Lordships will recollect it was an action by Thom mss Thurtell against the defendant, to recover the value of some property destroyed by fire. A rule was obtained in the present term by my Brother Teddy, to show cause why the verdict should not be set aside and a new trial granted. Now, my Lords, what I hive to request is, that you would allow the case to be called on before the close of the term. There is now, my Lords, us was stated on it former day, an indictment for con. spiracy against the plaintiff in this action, referring to the very case out of which this rule arose, and that may come on to be tried before the next term, I need not mention whist a prejudice such a rule as this, hanging over the head of the plaintiff, will he calculated to excite; indeed, a great deal of prejudice has been already excited. The public press ham taken this affair up, and has teemed from day to day with statements calculated to pollute the very sources of justice it. self. 'hope, my Lords, you will, under these circumstances, allow the case to come on this term. I have the less difficulty in making this request, as the rule itself stands very high on the list at' motions for new trials. Mr. Serjeant P ELL ( w h o i s engaged alone with Serjeant 'Vaughan in the ease) followed on the sante side, and earnestly urged the Court to allow the case to conic to a hearing this tem. • arr. Justice BlinnOuoll,—llow do we know which way the facts of the case may lead us to divide ? Without cell:ring an opinion one way or other, for the facts are not ,yet before us, may not the decision which this Court might be induced to come, be as likely to prejudice your client, as th e suspense by suffering the rule to stand over ? But we do not think that the party for whom you apply can be prejudiced by any thing which has hitherto passed in this Court. Mr. Serjeant Vitt/ oulae--My Lords, with great stibmission, we do think that the parties may be prepdiced by the delay.-- A great deal of prejudice has gone abroad on the case. It may perhaps become ground of th ea t r iC a l re p r e se n tat i on ; and I be. hove that in fact part of it has become so already. tlir. justice PARK---Me cannot take upon ourselves to given decision on so important a case as this, in the present state of the Court. (At present only two of the Judos sit daily. The Lord Chief- Justice and Mr. Justice Richardson Are absent.)—. Perhaps before the end of the term, the Ceurt may be in a cone ditiou to bear the case; but under the circomstunce of his lw. ing been tried by one of ourselves (the Learned Judge himself),' we cannot at present proceed with it. If it were a case which had been tried by any of the Jittiges of the other Courts, we would do our best with it ; but there being now only two Judges present, one of whom tried the case, we cannot allow it to come. on. Air. Justice Buttnotratr.—l cannot think the public can be so weak as to be prejudiced on any side of the question by what has already passed in this Court. Here the subject dropped. rt.LISTON V. Air. Serjeant 'PADDY 'informed. the Court that the plaintiff' in this case was willink tel. act upon the recommendation giten from the Bench yesterday (see Tur. SoN of yesterday), and to stay all farther proceedings. There being no other business ready, the Court rose at one o'clock. PREROGATIVE COURT, Nov. W. • *lowest»: CLPIMITSON. In Itloive!.Numine we noticed the opening dads case, and the arguments alCOunsel on each side: This day,the Learned Judge ( S ir J. Nt t atoL L ) proceeded to deliver his judgment. The question turned on an alleged codicil to the will of a