The Sun. — London, England, 1823-11-21 00:00:00

.Pe '-' r t.,„..1.241i-. I 1 ? ,/- - , .tom)•tit.' ki4, t . 4 4 ' '/I t 4 4 4 f . i io t-3.1. ~....., i l : , i ::. /' ~,,,,,./1 ,:! "AL'EI e• "•Ar's , ' 1 . 1 11.1W 1411 '' 'ir •- ' ''ii- '' I 1 off tv:ti ,! .t.,'... , ":-r4g A '.. ''.7 : ' - ' I O,C I ' ''''"•:' t, , ..... . 1 Ift , A;'' "! '—' ' t'; ;It',:4t2l' •;_i, ,, , -, -,/ oft!' ,n61'.4111-li ~ :rf.s.• • ' 4,. 4 4 *& .t 1 • ' . ' ~ * I" r , :#,U.6,... •3.0*.* I - ,; :''. ' :•... f. 1.: .' 'r . '::' ... . • .. . . •-'..' • • ... .4(4! / 4* .514 1 044.0 , '..l' ' r . • . .."'. . ~., ~.• ... - iriolf. :*4.1.1**4- 4"" k.,.. v : :,- • ‘' • ..%.... trio - V. ..,. .4....• P 1...;.. . 0 l ICE or, VE.N.P,ENCE4 ~e . ......%,„? o . ~---,, . . , 1-, , -,,b - -:,. ~.4.N.. S „ 1, ....-w 0 1.,, 4 „,.,. ~ . , /te r ms , --.....„ / .„.. / .:1 -11 / ' 1...,() 0- o ) );3. - 1 , e l e------ , , • ~„ airyVt 4 " : lfi z //11. 4-4,,v. ......_____ AAte wfSti , 4i -~, _~~. U . i ~ ~ Num &ER 9749. FRIDAY, NOVEMBER 21,. 1823. ', • TO BE SOLD BY AUCTION`, By Mr. SOTHEBY, at his Home, WELLINGTON-STREET, WATERLOO-BRIDGE, STRAND, on This, and Three following Days, at Twelve o'Cloelr,• IE Ep . tire very Select, and Elegtmt CLASSICAL and BIBLICAL LIBRARY of the Late Rev. ARCHDEACON OOOCH, RectOr of.Billeiley, War. wickshire ; Saxlltigham Thorpe, Norfolk; and of Bonier., Suffolk ; including a Fine Collection or Classics, in Folio and Quarto; and, to Selection of the best Authors in Divinity and Belles Lenora. The whole are in the finest Condition ; many of them are front Ihe eminent Libraries of Thuanus, Cmsar de Missy. Gulston, &c.; and several are bound by Roger Payne, Johnson, and Montague. To be viewed, acid Catalogues (price Is.) had at the Place of LAW I ENGE. COURT op CHANCERY, Nov: improper to allow a young man, like this, to MI it up, without 'having some witness presett, on, his part. On that ground. I Shall direct the instrument to be cancelled. ' Mr. fluri'ey al s o :states, that be has given up his voucher s , an d, b y t h at mean s . will be unable to obtain the liquidation. of his debt.: This he also knew he should not have done; but, if the debts are well founded there is no doubt that he will be able to prove them -before . the Mast e r. I n t h at po i nt , lam also disposed to direct Master to examine the account's.-)n• ths, subject of mists, I must, however, - say, that, es Mr. Revett has,charged Mr: litany with having tilled up this instrument by the 121 M. and has produ ce d no p roof of ins'aSsertion, I think that, dram+ he ' has right to claim the fulfillment of his prayer. by the Court, yet I consider it my duty to direct that it be without costs. 41) . 111 R.elLTY-OFFICA, Nov, 17,1838. NOTICE is hereby given, that a Session Oyer and 'Perminer and Gaol Delivery, for the Trial f • Ofences co:Um:tied on the High Seas, within . the Jur,:rdic lion of the .4dt:drafty Of England, will be held at Justice ix the Old Bailey, London, on Priday, : the 1911 i day of December nest, at Right o'Clock in the Morning. ' • idnd all SheiTs, Gaolers, and Keepers of Prisons, in 'Whose Custody any Prisoners, Charged with Offences con. .milted on the High Seas, or 'within the said Juri►diction, nay be, are hereby required to transmit a copy of the Com mitment of every such Prisoner to Mr. Bicknell, the Solicitor if the rldmiralty, on Spring Garden Terrace, Loudon, in 'Order that the net cssary measures may be taken, for removing' Rll s•ueh Prisoners -to His Majesty's Gaol of New:joie, for trial at the said intended Session. J; If'. CROKER. P1(.717.e1LL I NO- OFFICR, Nov. 3 1823. yen Plymouth Sheerness Torbay • ‘Veymouth Yarmouth, Lynn, and Wells. Each Tender must specify the Price in words at len,qth, and be delivered beliwe One o'Clock on the day appointed ttnd must be accompanied by a l,stter signed by two respon sible Persons, engaging to become bound with the Party teudering, in the Penal Sam if 20001. for the due perform. fence of the Plymouth Contract, and of 5001. for each of the other Contracts. The Person who makes the Tender, or some Person on his 4c441 .1; nutst attend to answe, when called r ,, r. M., 11. 9 LbER CLIF TO N: T PiCrti: //44.(N0.0P:P113E, 1. 1823. nE CO MMISS/0 NE TO' for VICTUAL LING lli sill.d.lESTY'S 4T. do he/WY Riv e 41Yotioe, that on Tuesday, the 43th :1-',,vernber in tart, they will ter Le ready to receive Tender s i n writing (rented itp), :;n(I treat 14e 44 1 , 74 (on separate Contracts), of all such quarei* ti e' of SEA PROVISIONS, including IWM, as may be de enonda for the use of his Atajesty'S ShipS and Pessels lit the places wnd er-mentioned, from the Ist January to the 31st hecember 1824 inclusive, ri z. Belfast, Carrickfergus, Larne liirbour, and Newry.. Kingstown and Dublin. Oalway. . Londonderry and Lougbswilly. Greetuck. 144 th, Leith Roads, and Firth of Edinburgh. ne Conditions of the' Conte-ids may be sera at alit (Veer applying to the Secretary to the Postmaster-General and to the Collectors of Ili.elllajerty's Cnitonss at 4141 , Greenock, Galway, Londonderry, and Leith, re. 'Peetively. :4"eld ' Tender must specify the Price in frurds at length,' 4'14 delivered before One o'clock on the day appointed t and ; 4 al be a ccompanied by a Litter signed. by two reSpansible , ;""' tugagtolg to become bound with the Party tenderingi .1114 1 , 14 ena. sizm of 300 i, per the due perArmance of each of e Lenora< I. by aft Person who makes the Tender, or some Person on his . r 'u'st attend to answer when called foe. AL 11' 7 4LLER CLIFTON Iru , the PROPRIETORS of EAST INDIA STOCK. , ianr.. rt\,„ '0 AND GENTLEILENT, ,y 1 11 r 4 tLECTION of 'a DIREC T OR o f the — S INDIA COMPANY being . most to; WED '': ES N' to so ,cit th e ~ ' t he 26th instant, I beg leave most earnes tly 4114, i;." ° ., a(31 4 of your attendance in my favour at the. East I:43Shoals •o se on that day. . . tdd the result , . of the approaching Ballot, through your. —rttinued e ble situation to *hi„,, ~ki ndness, Place me in the honours tt, _ !"' t aspire, and Which the very flattering reception I hav e thritenceti justiti es me in expecting, I repeat the nce assura ., 4 1 .11 he st endeavours will be directed to the faithful d is. "le of the d ut i es of I that imp ortan t trust . 11 ve the honour to remain, very respectfully, liadc's and tientiemen, Your vezy faithful humble Servant, Nl c h olaul JOHN MASTEIWAN. At l ane, Soy. 1 0 18 9 3 ._)l,evro',?l,a_sterinan'3 Committee will sit daily at the City of 1 reC, c 4 . l'avm, where Communications' will he thankfully i ; IcioiAVEL AND STONE, LUMBAtit), ae. • '' ' U AW'S- PH IS a allowed to be the !lII,' a % so 3 J re t. . whi pr,tenti eFessful Preparation for effectually removing ! ; 11 ( .r 1 iti ii , Z . the 'future recurrence of those Disorders ?N ti , trri,, nd Pt art imperfect action of the Urinary Organs, I 'dl it d 'i m ti t "" ; e ' L umbago, 'Pains in the Back artd Loins, 4s ir ient, °„l..—r.nr.Bzo. Composed of the most innocent itiNtie ra ' t .tht truly valuable Medicine relieves the suffer yipitaut a , l r ii'llt the excruciating tortures of thosr diseases 4 et n o eon t ool the or injury to the Constittition,.and re liir v ie iii tiltr.pernent or restraint of diet during its use. It 4f14;9"114141'. Public Medicines extant : and its .pecu % ,ft!i nq etixacy have uniformly maintained the highest Jl 1 'bil i n 6 Ate • "es, at 1 d , s eti ,pi l u e t ~„ s. 9 . and I Is. by Butler's, Chemists, 4 lt 4 ) L ' " t'attra 'lOO R t (neer the Argyle 4 t, t t L. , • , Regent -street ;4, '44,1 ut,I.: 111 ; . W aterigio-placei Edinburgh; Seek r"'e „clout thli i,:itriedd K by ing tle ma l:rincip4l Medicine Venders T ILE ,C O3 IMISSION.F.,T,..Y for VICTUAL, LING HisMiIJESTY'S Nel VY, 4-e. do hereby give ` N once', That on Tuesday, the 45tA November Instant, they trill he ready to receive Tenders in writing (sealed up), and tre at .Ar the cup' ply (on separate Contracts) of what FRESH lI EEP sna be required for the use of his Majesty's Ships "d Pessek at the Places underonentioned, from the Ist Jrt• ' , wiry to the Slat December, 1824, inclusive, Viz.:— Belfast, Carrickfergus, Larne ' !,,,,/ liarhour, and Newry t•, er haven and in Bantry Bay ork and Kinsale Cliathhit) Cinipbeltown I)over Roads Kingstown and Dublin Down, ' V a l u lo g , l:i s lsle of Man (3414 'sY and Clifilen Greenock Guernsey and Jersey The Cvntlitione of the Contracts maybe semi at this Office, Jr b y "PPlying at the Post Offices dt•Doblin, Bantry, 6 " (7 "scey, and Jersey, Douglas (Isle of Man), and New 416 "'"Y ; to Mr. Miller, Mr. Stokes, and Mr. punsterville, 4 greal for the Victualling at Plymouth, Chatham, and Cork ; :I° Alwin, Victualling Wharf, Dover ; Mr. Torture', N aval Yard, .Deal : Mr. Christopher Bartlett, at Bri.chom ; `l'dd to the Collector of the Customs at each of the other places. Harwich Leith, Leith Roads, and the Frith of Edinburgh Milford Haven Londonderry and Loughswilly, New Romney Newcastle and Tinmouth Ha. THE LATE lIORRID MURDER We stated yesterday, that late on Thursday the High Sheriff of the County of Hertford drove into the town, and. visited the •gaol, where lie had an immediate interview with some of the visiting Magistrates. Some time after, the High Sheriff repaired to the apartment where Thurtell is confined, and in which the prisoner was conferring privately with his Solicitor, Mr. Jay. The High Sheriff; with great politeness and humanity, tendered his services to the pri soner,', and expressed to Mr. Jay his own personal desire, that the utmost facilities consistent with his official duty should be allowed to the Solicitors. Thurtell thanked the High Sheriff, and said, that all he desired was to be al lowed to see them. The High Sheriff remarked, with re ference to the rule laid down by the Magistrates, that he had no power to rescind it, or place upon it a different interpretation from that which it had received; but that whatever access he could officially give to the prison, was at the disposal of the solicitors. He also intimated that he should recommend - such an interpretation of the Magistrates' order, as would aflbrd the Solicitor an opportunity of obtaining from the Magistrates the permission he required. In the course of thd evening, Mr. Jay waited, by invitation, upon the High-Sheriff, who repeated his desire to recommend a compliance with the request which was refused to Mr. Fenton by the Magistrates on .Saturday, and to interpose in such a manner, as would render unnecessary all further legal effortif to attain. that' object. While Mr. Jay and the High-Sheriff were in conversation',' an'account arrived, that a mandamus had been issued from the Court of King's Bench in the course of that day (Wednesday), and was to 130 forthwith transmitted to the Sheriff's office. rt was stated yesterday, that the High Sheriff did not intend to endorse any return upon the writ, and by this tacit assent to its order, to admit the application of Mr. Fenton which was resisted by the Magistrates on Saturday. It is due both to the High Sheriff; and the Under-Sheriff, Mr. Nicholson, to state, that in their communications with 31r. Jay, on Wednes. day night and yesterday, they mutually expressed their readi ness, in the politest manner, to give whatever order they had it in their power to make, to facilitate the solicitor's ob ject, independent , of the Magistrate's order; and this disposi tion was manifested before the arrival of the mandamtir. Mr* Fenton, however, who arrived in Hartford yesterday morning, at ten o'clock, , was the bearer of the, writ, and felt it to be his duty to serve copies of it upon the Rev. Mr. Lloyd, and some of the visiting Magistrates to whoM it was addressed conjointly with the High Sheriff.. A complete alteration had, however, within a short time, taken place in the disposition to refuse ad mission to Mr. Fenton, and that gentleman was yesterday ad mitted to See Thurtell, as one of his Solicitors, the moment lie presented his mandamus to the gaoler. On Saturday it is intended that the whole of the depositions tot-the prosecution 'shall be rend over to Thurtell, and the se veral witnesses who speak to his Identity ere to have the op portunity of seeing the prisoner, for the more full verification of their respective depositions: The demeanour of Thurtell, in hie interview with Mr.' Fenton, Was cool, collected, and tinembarrassed, and. his communications or instructions for his defence arc said to be extremely, voluminous. Mr. Chitty and Mr. Andrews are the Counsel said to be retained for Thur. tell: A King'S Counsel is also spoken of by a special retainer.' Mr. Hewett, it selicitor on the part oe the assignees of Thos. Thurtell, accompanied by another gentleman, arrived at Bert. ford 'yesterday, tor the purposeof obtaining an interview in the gaol with John Thum'', upon the subject of .the insurance case, and to obtain an affidavit froth the latter, it is supposed, in ,contradiction . to Hunt's, which Mr. Barber Beaumont procured when he visited the prison. After it short consults; don, upon the 'subject of his admisSion, the Under-Sheriff gave an order for that purpose, which was, obeyed by the gaoler. He had in coniecnience a conference with J. Thurtell, and we understand depositions upon the insurance case were taken in the prison. But The visit of the solicitor for the as; signees upon Thomas Thurtell's affltirs, was, like his business, entirely distinct from, and unconnected with, the trial of John Thurtell.. There is , no doubt, however, that the hasty and extreme interpretation which was put on Saturday last upon the 'Magistrates order, which; by the Way, in allusion to what fell from the Judges of the Court of King's Bench on 'Wednesday, was not made at quarter' sessioes, fadlitated the permistion for the solicitor in the insurance, cause, to visit Thurtell. The demeanour of the prisoners has snared very little site. ration, although a variety of rumours were afloat in Hertford, respecting Thurtell's depression of spirits within the last day or two. It is true that the ennui of elose imprisonment to a person of his imputed habits, and the serious and reserved demeanour :of those who are with him in the same morn, have caused hini to manifest a more grave manner, and to devote occasionally more time to' the perusal of the re ligious books which have been placed in his room, than he did in the beginning of his imprisonment; but there is no material alteration in _his firmness and self-possession : he talks freely of the adventures of his life, and seems: rather pleased at the opportunity of indulging in suds topics' of conversation. Yesterday Hunt changed his last sovereign, and Probert received at the same time froth Thurtell the un comfortable intimation, that . he could not afford topay any longer for his support. No person having as yet offered any professional assistance in behalf of Probert, a gentleman ad dressed Mr. Jay in the prison, while he was proceeding to visit Thurtell,,and, asked ..whether it . was inconsistent with his ar rangements, or improper, for him to undertake that prisoner's defence.. Air. Jay replied, that as he wits deputed solely to act for John Thurtell, he could not extend his professional aid to any of the other prisoners. The Rev. Mr. Lloyd lute been in as doss attendance at the gaol within the, last two days as on preceding occasions ! GII.I.'S HILL COTTAGE. After the arrest of Probert, the person from whom he rented the cottage (we believe 31r. llewarcl) put in a distress for rent, and immediately after, the High Sheriff put in an execution fo r lOW. and satisfied the landlord's claim for a half year's rent. The landlord; however, applied to Probert; When he was bron . ght up for further examination before the Nlfigistrates, and remarked to him that there was no use in keeping the key for the re. ma inder of his (Probert's) term, which would not expi re unt il next year, and Probert gave it up to the landlord, who inline. ()lately took possession of the fmmiees• It is said that a regal contest is likely arise between the Sheriff mutate landlord, respecting At retort -by the latter of the money for visiters, which amounted to a smart sum, that ap. pear i n g at present to be the only fund from which the Sheriff's execution is likely to derive any return. Rir.VETT T'. DANTET. WHlTTl.7l.lrartvrv.. Mr. 11E.41.13 said,: this ,waL a bill fried by the plaintiff' in _order to obtain tinlndlits Honeur. an, order, restraining the de. fendant from all further proceedings in an notion commenced by him against the former' for the recovery of a sum of money, alleged to bedue by him. to the defendant; and also, that the accounts between the parties might be referred to the Master. In this case the circumstances were theße :--I n 1817, the plain. tiff; who was then a minor, applied to Mr. Harvey for some pc: cuniary assistance, and accordingly it was agreed that he should grant turn an annuity of 3.001. a-year, payabl e mont hl y. O n re . riving professional advice, Mr. &vett reduced the annuity to 1501. This wan paid thiring three years,, and i n 1821 , w h en th e plaintiff wa s of age, a meeting took plaee between the parties. At that time a settlement nick place, and an instrument was draw up, with a blank left for the arnOllnt, of the sum due from Mr. Rev it. This was afterwards tilled by the figure:, denoting the toim of 1,'2151. This, it was stated, was filled up by 111 r. Harvey; the true amount only being about 4501. The object of this application was, therefore to induce the Court to direct the cancelling of that instrument, and that the Master might examine the accounts as they then stood, and make his report as to their real state. Mr. Hoax on the °Our siqe, read the a nswer o f Mr. liar. Vey, - in which ' it was awed, that no original agreement had taken place for 308/. and that the sum always proposed wa 1515 / , ifs had advanced Mr. ftevett a sum of 12001. besides the annuity; the deed which the plaintiff mentioned in the bill had been filled up by the Gentleman himself, and not even in the presence of Mr. Harvey. In proofof this, the affidavits of ?ie. veral clerks were produced, which stated,•that the figures of the 12154 were more tike those of the plaintiff than dime of the defendant. Besideitlds, he had advanced Mr. R e v ett a min, of five hundred pounds since that instrument bad been drawn lip. As to the demand of cancelling the instrument, if that ,request were to bo complied with, by the Court, Mr. Harvey would be deprived of the means of enforcing his just claim; for he had given up the vouchers for the different sums advanced by hiisi, at the- time the settlement of the accounts had taken . place; it also stated that tis‘i SIM of 12151. was not sufficient to covet his.dernand.' The Vlw ici-Cireimort.-I ;on of opinion that I ought to grant the prayer of this bill. Mr. Harvey retort* the accusa tion of filling a the bill with 121.31. upon Mr. llivett. Now, h e a h 9a m h ave k nown, as a professional mar., that it was moat COVE. :VT-GARDEN- TTIRATIIE.—CONST v. ICARUS. Mr. HART moved the Court to set aside the deed of part., nership which allies the panics in the above-named property; and for the appointment of a receiver to the estate. The grounds of the motion were laid in mienianagementeand in the imperfecepowerifleft in the deed to the plaintiff for the correc tion of abuses. It appeared that the deed reatreined the plain tiff' front interfering in the management. of the defendants un. der sundry covenants- contained. in, it, and'elso bound the de fendants separately not to admit or consent to. anysuchinter e position on the part of the pleintiff. The direct gnevances al. ledged referred to the receipt and outlay of money, and the abuse of the free admiteion Itstof the theatre. The LORD-C/INCELLOR questioned whether a party acting in trust for others (the plaint was made in the character of exc. cutor to the late Mrs. Martindale), whether as administrator or otherwise, could surrender his power of interference, and whe ther that surrender would not be a breach , of his covenant in trust. His Lordship was deddolly of opinion, that had appli. cation been made to thetionit it at after the execution of the deed, the Court wouldhave set it aside. Mr. HEALD, Mr. SHADWELL, and Mr..TASIES were heard on the part of several of the proprietors against the motion, for granting which, as they contended, there were no proofs given of abuse or mismanagement; and this being the case, however irregular the structure of the deed, as the other parties hand embarked the value of the shares in faith of its validity, it would be injustice in them to set it aside. It was also shown that Mr. Const'a right of calling for an account, or to apply for the correction of abuses, existed in full force, independently of the deed. Mr. H. Twtss was heard at sense length on behalf of Mr. H. Barrie against the motion. He described the various acci dents and misfortunes which had attended the affairs of the theatre front the time of the fire, particularizing the debts and payments incurred and made, in all of which he exculpated the conduct of the defendant and those concerned in the ma: nagetnent, pledging himself that no act of legal and proper interference of Mr. Const had yet been, or would be, resisted by the defeudasts in the management. The only seeming grounds for charging them withmisthanagement arose front the peculiarity of the situation in which they were placed by the condition of the lease last signed. In the execution of their duty as managers, they were compelled to attend to implied conditions left by the died of the former deed of 181;i, as to the granting of free admissions, and also to the customs of the theatre, which in some degree limited their discretion. The LORD CHANCELLOR said, that formerly there was suf. ficient discretion in the owners of places of public amusement to convince them of the impOlicy of bringing their affairs before the jurisdictions of the country. But, unfortunately, in Lord Thurlow's time, some of them had been rash enough to bring the Royal Circus into this Court; and since then almost every theatre had become - the subject of their proceedings in turn. They had the. Haymarket, Drury-Lane, the Olympic, and, above all, that most expensive and troublesome, and never. to-be-settled business of the Opera-house. So that it would really form a very curious document if any gentleman would take, the pains to calculate how many hours of the time of' the Court, and how much etpence, het) been wasted upon theatrical investigation,' from that unfortunate introduction of the Royal Circus down to the present time, He had, on every occasion of this kind which had come before him, given the best advice he could to the parties, which was, either not to come within these walls, or, having got theta already, to make the greatest sensible haste in getting out again. If there were any person met pre-eminently ill qualified to man. age a theatre, it mist- be the Lord Chancellor of' k,:ngland. It was in this view of the present case that he now advise.d the parties to settle th e business out of court. If, however, he was to be compelled to pronounce upon it, which could not be until the second seal after Tenn, he must in the mean time read aver, not only this deed of partnership of 1822;ebut also the deed of 1813, and all the affidavits. Perhaps that would not be suffi cient. If the representatiot of Mr. Harris's council Were CO?. rect, not only must he inquire how tar the management was controlled by the deed of 1813, but also what were the customs of the theatre in regard to some of the particulars. By the law of partnerships, at all times - iliffictilt to expound, the partners might he bound in different degrees of responsibility, according to the interest they. held, and the .contents of the partnership deed. In this ease it appeared that 11r. Conn was not only Executor as represented In `the plaint of the bill, but that he had a life estate in the property which was the subject of it. AS it appeared to him at present, if.the Court had to pronounce generally upon the deed of partnership, he should be ready to say, that the Court could never acknowledge such a deed to he • applicable. He hoped, however, : the the parties would cone tnve to settle it without his internoeition. Mr. HART offered to sell the eighth which Mr. Conn held, to the defendants, on the proportion of the rental of 10.6001., according to : the offer which had been made to him, as the de.• fendants averred. Mr. 'Twits said; that they could not now give hint that. Brice, because the property had considerably deteriorated in .vaivasince the offer was made. They were ready, to buy it, hoivever, at a valuation. The Loan 'ettAxcnt.r.ott zsp:,ain recommended that this offer should be considered' by Cr before the 6th of December next. VICE•CHANPEIaLOWA COURT, Nay. . DELPONT TAsTi:T. This cue, came on upon ex ce pions to the Master's report ; the proceeding hod no. interest, except from the furor for lttig a . tion which it displayed. , plaintiff's bill laud been referred to the Illaster for impertinence. ; and the Master had reported that it was impertinent, limo:Poch es—that it spoke of a certain - letter ai having been written " in ;the words and figures, anti M the effect following," the expression i` in the wads and figures" being slit - plunge upon tide proceedings. The VICE:CITAXCELLOR said, that 11c!) .- trivial and futile objections would pot be entertained- future. In tonseluence of a communication winch bad taken place with the Lord Chan'. eel/or,lllaXters were now instructed to take notice th4t "imper; tinence" was only to be allowed where it was material.' Mr. Puri.raminix said, that this alleged impertinence had delayed the cause of_ this client ever since the middle of the year 1822. COURT O} KING'S BENCII, Nov. 20. 111 r. Cni•rTy moved for a rule to 'how cause why the clerk of an attorney should not be assigned, tinder eirmitnetances of a most distressing moire. The master took the young man at the low premium of 100 guineas, hoping to find hint of service in his office; but lie (the clerk) formed an improper connexion with one of hie daughters of little more than 14 years of 'nee!, and made an attempt to seduce a female servant of the family. The attorney then, in great ditress, applied to the lad's father to take hint away; hut, to his surprise, the father retlised, less the whole premium were returned, and grossly insulted him. —Mr. Justice lia Vt.X le granted a rule to show cause. LIBEL ON THE KING. THOU XING v. D. W. HARVEY AND JOHN cIIAPHAN. The interest excited by this case occasioned the Court to be crowded before the Judges took their seats. A few pereons who had taken th e i r p l aces on the back benches were directed to withdraw, as the seats were appropriated to the Gentlemen of the Bar, and the whole space was shortly after occupied by Barristers. As soon as the boon Cum? JusTiott and Mr. Justice BEST had taken teir seats, with mr. Justice BAYLEY, The Avrou,sry r-GEreratar. rose, and moved for the jutig. meat of the Court against the defendants. Mr. Harvey and Mr. Chapman being called, immediately appeared on the floor of the Court; but The Loan CHIEF JUTICE said, it would be better to wait till Mr. Justice Ilolroyd should come in front the liail-court % and in the mean time to take cases of less importance. After some motions of no public interest, Mr. Justice Ito t.. UOYI3 took his seat, and the Alrotts n 1 . -GENERAL re. newed his motion. The Loon CHIEF' JUSTICE stated the substance of the in. formation, and the passage alleged to be libellous, with which our readers are already acquainted, and read his note of' the trial. After stating the evidence of publication, his Lordship observed that the Jury returned into Court, and asked a pies tion, the answer to which had bean already the subject of di.. cession, and that they ultimately found the defendants guilty, but recommended them to mercy. The affidavit of Mr. Chapman was then read. It set forth, that till 1816 he had farmed 50 or 6(1 acres of land in Essex, and comfortably supported his wife and family. Driven from thence by the pressure of the times, after a painful struggle to hear up - against taxes and tithes, he was supported' for a year by the charity o f f r i en d s, and then went into the servie' of 11.1 r. Hall, at the Custom-house, and his wife also went into service. At this time Mr. Harvey, who had known him in better days, took his son, then 13 years of age, and paid for his education, with a view of engaging him as his clerk when he should be called to the bar, fbr which he w as p repar i ng. The deponent' s w if e , being unequal to the labours of her Si. tuation, was obliged to retire; anti Mr. Harvey: disappointixi in his expectations of the bar, and engaging in the Sunday Time:, offered to employ his son as a printer, if the father would enter his name at the Stamp-office instead of the son, who was still a minor. The name was accordingly so en.. tered, but Mr. Chapman never interfered in the business or went to the office, his son acting as printer. The affidavit of Mr. Hall, of the Custom-house, alleged that while Mr. Chapman was in his service, he conducted himself as an honest, sober, and industrious man. The affidavit of Luke Elcot met forth, that he was the Me, ringing printer of theSunriag Time., ; that the article in question was not in the hand-writing of Mr, flarvey, with which he wait well acquainted ; that the article arrived so late on the Nana. day night, that he was forced to distribute it to several Compo sitors; and that it was customary to insert articles which ar. rived at that hour, under the head " Latest Intelligence," without regard to its subject. This deponent also confirmed the statement of Mr. Chapman, that he had no share whatever in the printing or publication of the Paper. • An affidavit of Mr. Inn. Stock, of Southamptonsatreet„ Strand, the reader for the Sunday Mies, stated that the str. tide was not written by Mr. Harvey, and that he had searched for the manuscripts, but without success, as it wale not usual to ,preserve original articles. The affideyit of Mr. Harvey wee then read. Ile stated, that in January last he becetne the proprietor of the .Sunday Times, partly because he had no oth er means o f o b ta i ning pay. merit of a debt duo to him from its farther owner, and partly because the political principles fin, whi c h i t was founded. were similar to those which he conscientiously held, and he hoped to gain by it a f a i r an d h onoura bl e means of support, in lieu of that to which' his exertions• had been directed. He hat! been disappointed in the hope of reachihg the bar, to which he considered himself justly entitled, and in order to which he bad entered as a member at the Inner Temple, and had been, at his own instance; struck - tiff the roll of Atiornies and relinquished a p ro f ess i ona l i ncome of two thousand flve'hun. Bred ptniuds per annum. In consequence of this check, he had experienced great diflicultiee; his dpmeatic comforts had been abridged, and, deitione of hereditary fortun e , h e h ad been forced to look out for some other means of honourable subsist. Price. In availing himself of the opportunity which the Sun. rimy Mimi appeared to ofl'er, he wait animated by the hope that, by active. intellectual exertion, he Might sustain those principles of government which he considered . cis founded in reason and • jtistice, oriel as most conducive to the happiness of the people. He knew the delicacy of an editor's office; theelanger to which lie was exposed from an uncertain and wavering law of libel the difficulty of ascertaining the truth"of those statements gas thered to him from time to tittle from various sources; and when the rumours respecting the nature of the King's Hines' prevailed every where—when the daily press teemed with intl., Mations respecting it—he applied himself with anxiety to inves; agate' their truth,' in quarters where character was a guarantee fur veracity. At this time the reports gained strength from the ambiguous manner in which those whose duty it Was to disclose the truth chose to express thernselVes on the etibject—from the mysterious tone of the Ministerial Papers themseives—enti he requested information of the Editor of a Daily Paper, Whose means of obtaining accurate intelligence lie knew to be great, and who confirmed the popular eutpscions. lie had made ar. rangernents for keeping the press open to a late hour, in the hope that the publication would he rendered unnecessary ; and though lie knew that Some such intelligence was to be publish. ed Kt his paper, be never saw the article till he read it on Sun. day. He had now no lucrative pursuit, but the conduct of the paper, which he had raised into a con s id e r a bl e c i rculeti e n , sod which required his own personal superintendence and care.-- Such had been the influence of diseppointmenot and persecu. tions on a constitution naturally delicate; that he had been long enabled to ward off diseatte, only by the use of constant horse exercise, and the strictest regimen ; and he was subject to vie. /ent pains in the head and nervous affections, Which sometimes itimost bereft him of his reason, and which required the promptest medical aid. An affidavit of Mr. Sewell, Mr. Harvey's Attorney, was read, setting forth a sass ; . :citlrested to hint by Mr. Maule ' ne tile xt Solicitor for the Trea sury , w hi c h made known to him that 111 r.: Hervey was not theauthor of the paragraph, And offered to dis.i close the author's name if the proxecution should be d iscon Untied t And the answer of Mr. Mauls, that he had laid the communi. cation before the Attorney-General, and that lie saw noreason for staying proceedings. The affidavits of Mr. Addington, of ,Silittib.square, and Dr. Southwood Smith, of Trinity-square, were read, stating that those gentlemen had attended Mr. Harvey for several years ; that tie was int-hid state of health, and subject to great nervous irritation, which mental anxiety would increase; and that h e could not sustain' m protracted imprisoneat without danger to his life. • - ' - • • The officer then began to read the effidevit of Thome* Smallwood and two other of the Jurors who tried the cause. The LORD Chit JUSTICE. interposed, and asked whether the Connell for Mr. Harvey had seen this- affidavit ? Mr. anon!, /I , llkl replied that neither he nor the Common Serjeant was instructeoi oh the present .occasion ; nor had they seen the affidevit which Mr. Harvey proposed to read. 'lnc LottD. CHEEP Jit sTwx.--If this affidavit is • framed to dieclose the reasons of the Jury for. their verdict, or any thing which passed while they were deliberating, we cannot hear it ; if it is directed to any other point let it be read. Mr. Harvey said the affidavit undoubtedly referred to the d re a te j eo r t e is t‘ot o .i f il. ' il t e, i rco te ny j i,.. j u ry r Es yit u it t r i iit i e ri t ta r n4f v u e L ii i; i te c ,r; t :lpel a r i le t ' I tot ror t i l ta i e ler r ee e pti con o t r i i n:crt- , :. :i ; in aftidavite Ire liffgr4, vents. An.atlidiwit of,Mr. Otri.:e Beecher was readeataiiite that he had searched The 7171,f1, the Ilbraing Chem* th.... Oferning Post; • the !Mondale llyridd,' , the British •Preen Courier, and the Glo/, e (tad 7'reveller for several weeks ewe ceeding the 9th of February, and had found no imputation or assertion that the Kingeras insane. A nailidavit of Mr. Henry, ;Heine wam aloo fliittl, making the mune sett:mint as to the &at, the Morning Advertiser, and the British Traveikr. A souther of the Kent (led Essex Nercary.wes then' pro duced, and on affidavit front the. Stamp office, sh ow i ng that Mr. I r y of Harvey was entertel as propriet o r, and 3 1r. Chapm an as wittier tat pr. Mr. Harvey objected to the reading of that ape r, on te.e ground diet it was published subeequently' to the p libel; The Lotus Cozier .1 Ulll' lex replied that . hi: did 'bet ' know for what purpose it was offered, but it might be.. t, , ,i , show A re: publication of the libel. Mr. Harvey admitted. that the paper did . contain each rt. pphlication, but contended that the prosecutor could nut now give evidenee of a subsequent act for the purpose of aggravating the case against him. , . The Judge% conferred together for a short time, After which The Louie CHIEF` Ju LT tcr uaiti, this affidavit . must he received. If the defendant could have shown that, in his payee he contradicted his assertion, he could have produced sucli tam tradietion in mitigation of punishment: the fact or a rekti ti'hn of the offence must . therefore be received on the other side. If it is agreed that this paper contains the same para. graph 1111iCit appeared In the Sunday Time:, it will be unfit:era- , awry to read it. Mr. Harvey assented; but submitted diet as he was taken entirely by surprise on this pert of the ease, he ought to have' time to answer it. The 140111) CHIEF ittATICE.—Do you desire time to ant! Essex the circumstance of the rupublicution in the Kent and Essex paper ? Mr. Harvey. —I certainly wish it, because I know 1 could , destroy the impression which that circumstance may make against me. But. lam extremely anxious not to cause anyde lay ; and perhaps when I.produce my affidavits the Attorney-, General May ask time to answer them. The Loon CHIEF Jusrect:.—We cannot anticipate that now; the Court can make no bargain with you. Mr. Ilarvey.—l assure your Lordship I tun proposing no contract; I wish to correct the miottike concerning the News papers • but I would n ot on any account delay the principal proceeding. The Lon,- Clittsze JutoricE.—lire must dispose of the whole case at once. You can only have time to reply to those affidavits which you could not anticipate, and ' therefore could. not be prepared to answer. Mr. Justice IlEsee—l ant apprehensive there is some minute derstanding here. Mr. Harvey, I think, wishes to produce affidavits to show the existence of the rumours to which the affidavits of Mr. Percher and Mr. Itaine refer. Mr. Harvey. --I certainly wish to produce papers to show t h e mistake; b ut if suc h a course will produce further delay, / would rather stiffer something hem' the want of the explanation than endure any anxiety and, suspense, in additiott to what I have sustained already. The Lon!) CH rEr Jose - line—Are there any more affidae vita on the part of the Crown ? The A 'I"F011 NE Y-GE N E ILA 1. replied in the negative. The LORD CHIEF JUSTICE.—Then, Mr. Harvey, we are ready to hear you. Mr. Harvey proceeded .to address the Court. —lf .his object were to postpone the judgment prayed against him, he could adduce a reason much more powerful than the affidavits on• the part of the Crown.-...a reason to which the Court never failedto attend—the state of his health which had been inj ure d b y the i • disappointment s wi t h which ds life bad been clouded. In addressing.the Court for himself, he was anxiout to deprecate the imputation of vanity; it would even he vain if he were to disclaim at any length the suppoeirio» that he cod(' say any , thing comparable to those learned Counsel whose powerful assistance he had already enjoyed; and not to them alone, but to any , (lentlernan of the liar, even of the least experience ht the pmfession. Ile was induced to make his personal appeal to the Court solely by the feeling that there were some facts which lie could most properly mate, essential to that correct and full knotelidge of the case on which the Court would desire to found it judgment which they might review with pleasure, not theat gba n t): lll d si Ya c ur f r i efr e r aan e c ett l d u ri i ane l n i gir i g e len' s i t it a ruili n ( l:e t e r c t:li e sc s j . -e l: o u i ft r r ldi o l g3al r e i enc e i ti i s: l 7 ettirab e: l r re a l :I v: ! lb? k seht i e l v i t y Ptil Lt iw t i : wil s l2l :c ee r li c ti l in i ini r: l m e 1 t t t eal theeib i t Bl x. it : Y*l gsr l :r u i ' S : ti'l l na)l i vitiated riec r ilnitnlti_i lisitcntiall(:llllle.tiesvahei Juryteili l retired for nearly three hours, and on their return into the Court, asked an important question, which sliewed that at that moment they. did not believe the defendants •to be ac tuated by malice. An • answer was given to that queetion, of which he would sat nothing, for he did aot hear it; and admit ting us lie did the minim of the Learn e d Jud ge ' s c h arge which been(' hear, he would not venture to impugn that which tic slid not hear. When he considered the unprecedented nat ure o f the verdict, and of the circumstances by which it was attended,' lie felt that thet he ought not to urge thein in mitigation of punish. spent, but to rely on them as grounds of It new trial. And this suggestion ought to he seconded by the •Attorn7-Uerteritl, with the view which he entertained of the article winch ha' had chosen to prosecute, If, as he said, that .article was en plainly a libel that no one could mistake. it—if int tendency was such as to rouse indignation in every mind, he omit he desiroue of having a verdict beyond suspicion, and unclogged with 4 re. commendation destroying its force; neat of such a verdict he Must feel assured. Little, indeed, did he (Mr. Hervey) x pect that th e Ki ng ' s A norney.Cieneral . would appear here,. e in the King's own Court, pressing Mr judgment, after 4 verdict like that pronounced at fluildhall, when all the purpoees of justice were 'answered, and the faliebood of the report once current was ascertained beyond question. ' Why did he exhibit his Royal Master in the inVidione and odious light of a pro secutor? Why, when he knew that the parties whom he liad prosecuted- were not the autlims of the paragraph, (lid he net'Ax en the real offender?, But this promeoution never originaterliin the Illustrious Individual. whose name was introduced oi l the record; it was impossible to suppose that lie reed the jag% newspaper which contained the paragraph, and whose politics . were not of a nature to wing its wayento palaces ; but the pm seeution was ,at personal prosecution aimed at an obieseio t e, p l . dividual. When he wits he Parliament, he hail aimetleeblew at the emoluments of the office of Attotner-lieneralett dike' never sought but for its emoluments—(l litueli)-e-etnit for 'title. he had not liven forgiven. At the trial, the 'AttorneyeGeneitil, in reply to the searching sarcasm of Mr. Broughron-'...that be hoped no recollections of the pest hail inflamed his keel —repeatedly asserted that he did not know who the propriee for of the paper WAS till he had determined on prosecuting ; this assertion he would: not say was felse, but it was at least Open to very great suepicion.. It would be recollected that the At torney-General in iiii reply,' when - no answer could b e g i ven to his declamations, thOught fit Sc) say, that in spite of the dertiel ofthe delendant'n Comnsel, he hail reason to Wlitive Mr. Har vey the author of the libel ; though her kneW that Mr. Harvey was not the author *one the letter of the attorney witiele Mr. Mettle had laid before him, and though lie might have had name of the author if he had ehosetil TWA prosecution Ives .emphatically hit prosecution-.-not technically merely, but per ennally—a prosecution anxiously sought after, and 'pereevered in with despe rate eagerness to the last. Wh y did he proceed by ex-officio information-ea course ftdmitted by the Attorneer- General of Ireland to he appliatible only to great oeceolonse if his real object was.to prevent: the diffusion of a false report 're specting the health of his Royal Masterly Ho knew that'll% such course a long time mutt elapse,- the whole molter,' true or false, must be notorious before the issue could have Mot tried : but hail he preferred an indittMent, Utast] the prOtet l(- Ings were removed by the defendant, who then would be ii paved of.the argument, the case would have beett disposed of in a few weeks, and a aurnmary remedy Applied to th e ev i l. The delay had been most prejudicial to the defendants; for, it' one of the jurymen hadolaterred, in February or Mardi all men knew the existence cif lemon*, and most, menbelievid them. -Had a countryman tome' to London and asked if' they were true, he would have received answer from almost any one, that it was 'feared they were; but'now these ruinours •were almost forgotten. It had, indeed, been said by a Leaned Judge, that on no authority was the editor of a newspaper jus 'titled in alluding to the King's tiCIAIIIVIIIOnt,, , even it - true till it was announced by the roperp officem ' • i •.1 Mr. juitire Beeler—There was nettling of the sort 'Said IV me ; the Editors of the Newspapere have not IttAted COITACtIy 'Whitt I Stud e and I wish to set it right. i• °interred, that it appeared to me that the inatier we were called on to decide WAS, whether Allay to assert the King was- insane was an ofes fence; I stated that in rny opinion itwaa ; and I further statede