The Sun. — London, England, 1819-11-12 00:00:00

" , DISTUR3ED sTATI; OF IRELAND. I: 113 A NDM E N. Frorn'thefoilowing livsotutions, -it appears that 'n spirit 0r itpsubordinati,,U and disaffection has Inabilesteit it in tire northern pelts of the county *of Galway-: . Coy NTY OF GALWAV —At e meetieg of the Ars gist rkit es, ticotlrmeh , aotl Clergy, held At Oil the 18th October, Lord Cion brook to ihe-Chtiir,---; nrianimonaly, That it hilly appears to ibi s 11, 1 etiog.,-.,1 .that a dant:emus and illegal asso ei,tion has lately appeared itl the northern part of eOunfy, and that I.i'rge parties of persons, themselves liihandinen, - generally almed and motinted, in .disgu,ise, Fand with distinctive bade:ts, assetnnlin4,r by night, have forcibly en tered tine houses of many of the peaceable inha bitants, and have ten Firms and money from sevetal, for the declared pntpose o= purchasing . ammnoition ; and .have administered to great untnbc.ts.„_ including whole villag-es, oaths oh un obellittoce- to unknown bodies, Tit4l tve, the. mid , rsigned, are determined to ev,ry exertion, whirl, our situations as lind lords, ii giqrates, or clergymen; ran authorize, to stop the progress of conspiracy so hostile, to rt,e hws, and so destruct ire of tht peace and pros perity iii the country. That a starscriplion he now chtered jut() fur the purpose of encouragement and protection to the loyal ,and wcll-dispo s cd part of community, .rtsist such illegal practices, and of ob taining such in'olmation as shall lead to the dis coy:l-y and. eohviotion of any per Son or persons concerned therein, That it will he 1);ghly important towards•carry intt resolutions into effect, that some addi tional- military force be sent into the disturbed part of this comity ; and that Ballynroe, Creggs, and.Kilkerran, %lonic] be the most proper places for parties, consisting of an officer and 20 men each. THE COUNTY OF ROSCOMMON. This hitherto peaceable county has, we•are sorry to state, .latterly been disgraced by murders, rob beries, nightly meetings, and swearing in asso- Ciates. It is Our painful duty to record the fol lowing atrocious murder, committed upon a re.i spectable Gentleman, Mr. H. St. George, brother of Sir Richard St. George, of Mount Equity, about two miles from Bullydangan, .where the unfortunate Gentleman resided. The particulars have been couirromicated by a ft iend, in a letter, dated.Athlonee, Nov. 2 :--- " I waited to.a late hour yesterday, in the hope of being able to give you a correct statement of a most disgraCeful outrage, committed, I tuAy say, its our neighbourhood, at Mount Erptity, last Sun day night, so early as eleven o'clock. Mr. Henry ,St. George, who lived at Ballydangan, dined on Sunday - last with Lis brother, Sir Richard, in the Woo.l at Mount Equity, where were some other ft lends. On leaving his brother's an old and trusty steward:saw -him out of the gate,- locked the iast one, and had not proceeded more than a feW yards, when he heard a-shot, and a loud scream followed ; the night was so uncommonly light, he easily disco vered t hat Mr. Henry St. George was dismounted near the gate ; lie ran quickly, and found him al most lifeless, lying over a man who was in a taint; he llten hastened to a near cabin, and sent off for Sir Richard, WhO, •itl) another Gentleman, came up, but only to see him expire, ..vithsout uttering a word. The poor fellow's body was brought to his brother's, whet e he had left, in perfect health add spirits;but 20 minutes before. could have been the cause of this vile assassination, cannot be conjectured; and though it is now late in the day, I have not learned the pa r rticitlars of the inqiiest, or know any thing, save that suspicion tails upon Iris brother's te- - nantry, to whom he was very lenient, as agent, besides assisting the poor, even beyond hi , abilities., will) food and raiment ; his charitable and bene volent disposition came within my knowledge ofteo, : when in that part of the country. At the time the typhus fever raged, I have knowo him to visit the poor sick in . the houses their cl erg y would not venture into, 'administer their medi cines, and watch over them night atter night ; but* all, it seems, did'nOt secure him from the rc seritthent of people." tistMoiiii,iy night week, twelve men, armed, attiickeettbe hoOSe of a farmer named Grady, near Kilpeacon, and 'after breaking into it; took away a musket and some powder ; they also attacked three_ other hous'es, near . Croon!, on the same night, in — Which they likewise obtained some fire arms.--(Linieric'k chronicle.) Tu coMpliaoce with the request of twenty•seycn Magistrates and Gentlemen, the High-Sheriff has called a meeting of County of Limerick, for Satutday'next; to consider the best means oh en forcing th'e , doe adminis'tration of the laws. The llig Sheriff of - the County of Roscommon has: called , a meeting of his Liailitvick for Thurs day, to consider what means will be most expe dient to resort to in consequence of the disturbed state of that County, ,The following Requisition •to the Come?. of Claredfigh ShPritl, signed by Sir Edw ar d O'Brien, "William' V. Fitzgerald, M. P., end Gosier- TlKAPounas. , Browne, Thomas Crowe, Richard Kenny, William H. Si ackpoole, Thomas Mahon, unaiEdward S. Hickman : We request you will calla meeting of your Bailiwick, at the earliest convenient day, for the purpose o t f t consittering the state of the police of this Coen,;." In consequence of the above, a Meeting of the Gentlemen of the County of Clare is to be held on Thursday, the 4tla of November, at the Court house in Eunis.—(Thid,) CASTLEBAR, Nov. 4.—Throoghout the County of Mayo, we are happy to say, the most perfect good order prevaits,(4oyo Constilation.) On Wedneiiday a robin redbreast entered a bou§.e in Buccleugh•street, and hopped through all, the apartments, without betraying any signs of timidity or fear, although the family was to the house at the time ; an d allowed a Lady; - who was present, to take it up in her band, and ptit it to Ilight.—(Ediiiburgli Courant.) INT nI,I.IGP,NC E. COURT OF CHANCERY, Nov. 11. THE ROCHESTER CHARITY.-JUDGMENT. THE ATTORNEY-GENERAL V. FULLER. The LORD CHANCELLn/1 this tor:ming made some observations. on this singular ease, which stood for indolent in his Lordship's paper.— After referring to the several petitions which Were at present before the Court, and adverting to the original application of the charitable fonds be quenthed by Sir John Haywood, in 1736, he pro ceeded to review the proCeedings in .this cause since it was first instituted, in the year 1791, and a detail of which will be found in THE Sine of Satutday last. On alluding to the application made by the defendant for the transfer of the Charity from Rochester to Creditor), he remarked that on this petition the Court had certainly inis carried, because, when it sanctioned this change, its attention had not been directed to the consi dpfAi,n whether such change was consistent wit Ii the original deed of trust. This miscarriage had keen the consegnence of neglecting an ancient rule of the -- Court, which was uniformly acted upon when Lord Thorlow and himself were at the bar, and which had never till late years been' departed - from--sonmely,.that the Court should never make an (oder in a Charity case till attention of the .Attorney-General h ad been drawyr to the subject. In 1507. the matter had come or before hintself ; and finding that the , large work•house which had been established at Creditor], could not be done away with, without subjecting the many objects of that Charity to the utmost distress ; and anti., tainingt4ba3„there -was another Charity at Credi ton, 'tfte Bends of which could, agreeably to the trust, be applied to ; the payment of the annuity of 501. to the parish of Si. Nicholas, in Rochester,. he had ordered the surplus of this . auxiliary fund to be so applied. This fund, howeVer, Whiclrcori sisted of certain' tithes,' bad 'ceased to be so pi 0- ductive as formerly, and there was no longer any surplus that could he spared to pay thi; annuity to Rochester. His Lordship said he should ',riod to both parties minutes of'what he thought ought to be done with tespect to this charitable founda tion at Crediton, so as not to disturb the poor objects who were at present in the work-house, and at the same time make such a provision as would render,the payment of the arrears, and the annuity of 501. to Rochester, independent of the auxiliary fond. In this matter, Lord Loughho rough, Lord-Erskine, and himself, (but Lord Ers kine certainly the least of the three) were much to be blamed for not having directed the attention of the Attorney-General to the subject when it was before the Court. Mr. NI A RTIN:—The order in 1805 was not made by your Lordship. Loan CUANCELLOII.—I am glad of it. I have grown old in the administratimi of justice; and I will say, as I have often before had occasion to remark, that no Judge can do justice without read ing all the papers in a case. CARDELL V. YOUNG. In this case an application was made for an In itltlttion lo restrain the defendant from carrying on any business as an Attorney, but in the name of Messrs. Cordell and Young," and also to restrain hint from so carrying on business at any other place than Gray's Inn, without the concur rence of the plaintiff. The parties are eminent Attorneys, residing as above. Tice defendant, who had formerly been a clerk to the plaintiff and his father, (deceased) had been, from his skill, industry, and strict attention to business, taken into partnership with them, and now, as it was alleged, wished to carry on " his own proper bu siness" for his own bent fit, and to receive a share of the joint conceit] of the plaintiff and himself. The LORD CHANCRLLOR (atter hearing Mr. :Hcald, Mr. Wingfield, Mr. Coe, the Attorney-, General, anti Mr. Hone) strongly urged the ne ,cessity of the, parties arranging tl►e,ir differences between themselves ;,at the same time intimating, that if this were not done, he should be under the necessity of making observations with respect to it that_he wished to abstain from. His Lordship, in conclusion, ordered it to stand over till to morrow (Friday) se'nnight for that purpose. COURT OF KING'S BENCH, Nov. 11. PROCEEDINGS AT MANCHESTER. The indefatigable Mr. Hunt was present in Cont.! during the proceedings of this (1,1; Hod as soon as the Grand Jury left the Corn t, he 'also retired for the purpose of consulting his Attorney general, Mr. Bryant, and a few chosen friends, as to the proceedings to. which the following state ment relates Shortly after the Grand Jury had retired to their room they returned to the CoUrt, all the Judges being then present, their Fotemita boldin g an indictment in his hand. He sta•ed that :his indictinen't related - to events which•bad oceti red•at Manchester. 11Tr. 13r,Eivr, the Clerk of the Grand Jurie., said, that it was an indictment for perjury. No part of the alleged offence was committed in Mid dlesex ; and the Grand Jury' wished to ascertain from the Court whether they ought to proceed to examine witnesses ? The indictment was against James Platt, for pet jury, in having sworn, before the Manchester Magistrates, on the 27th August last, that on the 16th jatnes Moorhouse was on the hustings, wav ing his hat, &C. Mr. Jastice BAY LEY replied, that in this ca.,e .they had no j‘aistliction ; they had jurisdiction only as to offences - which had occurred in the county of Middlesex. 3UHYMAN--Your Lordship said something about our powers in cases happening out of the Mr. Justice BAYLEY—There are some Acts which give Gland Juries extra powers, but only in certain cases, at which h a pp en out o t t h e county ; but perjury is not one ot those cases. The Grand jury again retired to •their •room, when Mr. Hunt sent another indictint to them. It was -act indictment (as we were intormed)- against William Carlton, for cutting and maiming t h e boy, William Leigh. They continued con sidering it for some time, and sent for the Acts tnuehring iLeir prayers, but 07entuaiiy-they again appeared in .Court for farther iwsiloclions. The CLatac Staled. that anot hi r indictment had been kid before the Grand Jure, connected with ate Manchester events. It contained a charge of cutting and maiming, on the 16th of : August, dt Manchester; it was preferred tinder Lord El lenborongh's Act (43 G. 3, c. 68) ; it was entitled, like the former indictment, " England to wit," and the Grand Jury wished to know whether they could and- ought to proceed in the examination of witnesses? Mr. Justice BAYLEY 'called for the Statute in question, 'and examined . it. •He said- he had particularly looked at the 43d Geo. 3. ch. 68, on which this indictment proceeded ; and it gave the Grand Jury.no ptiWer'to prOce , , where the alleged offence was not committed ‘within their own county. They bad no jurisdiction here they could not proceed with, or find any such bill. The Grand Jury again retired ; bur, we under stood; there were no more Manchester indict ments laid before them. Mr. Hunt came into Court to see the result of the last conference of the Grand Jury with the Court. MRS. CARLILE. Several females, one of whont was stated to be • Mrs. Carlile, were in Court the greater part of the day ; but as bothitig publicly occurred with which their appea'rauce could be connected, we presume that mere curiosity had occasioned their presence. ARTICLES OF THE PEACE. THE KING V. MILNE. Mr. READER, on belialrof the Rev. Robert Moldy, of Lincoln, exhibited' articles of thrlieace. against a gentleman of the name of Milne,. a 'near neighbour of, the exhibit ant. The •articles being read by one of the Officers on the Crown side ,of the Court, were nearly inaudible, but we col lected that the parties had had some misunder standing touching the boundaries of their respec 6-ye property, which ended in Mr. Milne's light iug.a fire on his own land, so near to -the exhi bitant's corn-ricks as to pioduce an apprelten , ion of conflagration in case a,high wind should blow. The motion having been made before Mr. Jas lice BAYLEY . when he sat slone,'Jhe case was again ni.entio.ned in toll Court, when The Coy HT said, that it was rather a novel pr,ceeding to exhibit articles of the peace, merely for the protection of property. 'Fite utmost, therefore, they could do under the CireonisialleeS sta,ted in the articles, was to grant a rule to. spew cause why an attachment should not issue against Mr. Milne, before they called upon him to enter into sureties for keeping the peace. A rule for this purpose was accordingly. or dered to be drawn up a nil served upon the party. NEW TRIALS. During the" day a great number of motions were made for new trials. in cases tried at the Sittings in Middlesex and London, and at the I.►tc As sizes. The following eases only were worthy of public notice. : FULHAM AND OTHERS, ASSIGNEES OF WILCOX V. AUSTIN. This was an action opou a bill of exchange for 2501., drawn on the 14th of Jane, 1816, upon and accepted by the defettita'nt, payable one month after date, and indorsed to the bankrupt. lit the trial before the Chief Justice, at the late Sittings at. Guildhall, a verdict \Vas found for the defend ant, on the, ground that the consideration of the bill was usurious. Tile particulars of this case were folly laid be fore the public at the time of the trial. It ap peared that a Mr. Neil, an adve:tising money broker, was' employed to negociate the bill in question, which was accepted by the defendant's brother, for the purpose of enabling hint to goalie Of) some regimental payments, he. being a Cap tain in one of the Middlesex corps of The bankrupt discounted the bill, in consideration of the'defend:int taking a large (pawky of but tons, stated to be wroth 501., but which, in fact, were not worth half that sum, and which in i t rAttla never were in possession of the defendant, Mr. Sca a LETT IMM/ 11101.1:11 for a new trial; and after nrgin,; such topics as the nature of the case could suggest, 'l'l►r COURT were clearly of opinion, that there was nu reason for disturbing the verdict, and therefore the Jule was refused, PITMAN V. WEST. This Was an action of assnnlr and fai.e sonment. At the last Assito at Abingdon, Berks, a verdict was found for the defendant. Mr. W. E.TatniToN now moved for a new trial, on the ground that the verdict below was against the weight of the evidence in the cause. The case was this :—The plaintiff was one of the burgesses of the Borough of Abingdon, and the defendant had been Mayor of the Borough for the year pre ceding this transaction. It was the custom of the Borough, for the Mayor on going out of office, to entertain the members of the Corporation with a banquet. At this time there were two parties in . the Borough, one the cor poration party, anti the other the Anti-Corpora tion party, of' which latter the plaintiff was a member. The latter party had beets described by the defendant's Connsel at the trial, by the signi ficant name of pot-wallopers. The defendant hav ing according to custom, given a dinner, the plaintiff was one of the guests, and having given an obnoxious toast, offensive to the opposite parry, the Mayor, as was alleged, ordered the be taken into custodyby the constables. whom Le directed to do their duty. The plaintiff was con fined for aboucthree hours, and he brought his.. action. At the trial the question was, whether the defendant had in fact given the orders above mentioned ? Three witnesses swore positk,ly to_ the fact, and the witnesses for the defendant con. , tradicted them. The case being left to the 'Jtoy, they found for the defendant. The. Con RT no 9 said, that the cpcstion being left to the J try upon the credit of the respective., witne.:+es, it was not a case - for the interposition of the Court.ltule refused. -mu= COURT OF ARCHES, Nov. t it. RIGHT OF PARISH CLERGYMEN TO PRESIDE AT VESTRY MEETINGS. • THE REV. DR. WILSON, RRCToR oF ST. MARY,/ WOoLNOTH • V. ALEXANDER M`MATH, ESQ.. Sir JOHN NICE4OI, this day gave judgment on the above question, promoted by Dr, Wilson, against .Mr. Nl'Math, in the f or ,,, o f eitfttion served and articles exhibit e d, whi c h charged the defendant with indecently interrupting rind Pre venting the said Rector from presiding as Chairn.lal'„ at a Meeting 0,1 the Vestry; the detendatit ing to - preside, as of right,. he baying ,been tho se° , to be Chairman by a majority of the parishione r' there assembled, to the e x cl u sio n of the said R tor, Dr. Wilson, claiming,. by means of his Officil i Character, the right .to preside as Chairman *VI" Vestries. The admissibility of these articles was disputel upon two ground s : -I s t. Th a l t h e Minister ha d no !Wit to preside, opposed to .the general elec t Lion of parishioners in favour of Mr. 11I'Math4 consequently there could be no interruptio ns 2dly. That the Court had `no jorisdietinn or at .i thin ity to supp re s s - suc h in terru p t i on , on , grotrd that the parishioners had a right to elect a Chairman front among themselves, by a 1114. ' jority of votes. This suit•was promoted without ,personal anij mosity, and merely for the purpose of trying th e question, as it applied generally over the whole kingdom. The Learned Judge observ e d, t hat tlii; Croat - , with the same spirit, would tint wit1: 01tl . ins opioion on this question, as it was one of coo' siderable importance to a highly tespectable of society, namety, tstriblisited Mioiseers ; 3 n ( ,likewise with respect . to P er where. Meetingswhe re.i : sintilar dispntes,tnight frequently rise - . , 7 'l'here,wa.s no express Statote or Canon oue or other. Such 'right claimed on . the part of I" Rector nevertheless existed as a part ot the COn t i . mon Law, which was hindittg ors the practice", the Ecclesiastical Courts ; as t h e E cc l es i a sticAk Law itself tested (as did the Common Law) 0 1 ) 1' received elision) and usage. In (fie abseoce at, Canon, .or Statute Law, there was -stilt the e xist' ence of jus non seriphs. This might be taken WO toljodged cases, or from custom and usage, estr, Wished by public not or iety. 'ni l r i g h t never have been wrestionstl or doubted ; the rtV. risk Minister presiding by usage and c ustol-' throughout the whole realm. The o b serva nce O this general us a ge . wa s sufficiently u o toti o ots, a l '‘ f unlessit could be !mord improper,•" it was to ` 7 ", take', as bkiring a foundation in Common right. According to Blackstone, " General c osta' foraed the law." Again, " The first foundatil, of the law of England was immemorial custoni The question as referable to costes:as and usage was this—if such was a reasonable usage. The Commi t° Law was the perfection of reason ; for what W 4tf not reason was not law. If this right of the M'' ulster to preside was not admitted,' the cense' quence would be that animosities, where till existed in parishes, wo u ld b e un d er no check authority or controul whatever. The intereili‘ of the poor would not be properly at tended ta' and thus might be excited all . the angry passion' of men. It teas to benefit those individuals (11`e poor of a parish) that the Minister and Church' wardens were appointed to look to their suppor t ' and this seemed :o be imm emor i a l a2-age. In most all Acts of the Legislature relating to fl rishcs, the Minist e r w as ver y proper l y d e scribe as the first individual, ;sod as an integral r-rt the parish ; namely. " The pat ish Minister' Churchwardens, inhabitants or parishioner . si Vestry assembled." These Meetings Were stricrtY ecclesiastical, from their relating to the Clooch , being held in a part of the consecrated building' And meeting there for an ecclesiastical purpoie"" that of protecting the poor. Although the el:tic man was appointed by temporary authority,. was origitteily his spititual . duty, that of his belt' , " the gnat (fiat) of ttse poor, Ave oiling to Priderito" it became the Ministers and Churehw„meos ter take care of the poor, and t o see t h at t he lo" rishioners granted them relief. Also,. by the s' s 'i tut e of Eliz a b e th, V e st r y 'M eet i ngs were declare to be for ecclesiastical purposes; that, therefor e ' the Minister should - not preside, syntai be gt units; 'This would be t o place him in a &gra' , ing situation, in whi c h ,he is not pieced by thl constitutional law•of the country. The Le arse , Judge was ot opini o n, th a t, u p on so lid pr i n cip l e s ' he was to be considered the head of Coe parish. Je After citing v a riou s cases re p orte d in Sir"'lg V and Fortescue, and reason i ng b y ana l og y I' e, on, the COURT was inclined to support tree 1 4". of the Minister to preside as Chairmen at . 6 Vestry Meetings ; that the Coot t had dietton here, as in the case of restraiOng rishioners front commit t in, nuis a n ce at the `, l-' stance of the Mini s t er ma i nta i n i ng suc h ce d e; siastical suits; as for pulling dose!) or erec'' ) 7. tomb-stones against his will ; neg l ect i ng to rel" . 6 the church ; platyine, upon the organ, Ste. with oi) , his consent. Upon the se groun d s , t h e C o urt %%I -- of opinion, that these articles should be adol iv tell; but, in ord e r to b e co r recte d i n his ,j: mcnt, the Judge said lie should wish his deci , i ° e to he appealed from, f o r th e op i n i on o f t h e Judges, to whose authority he should yield "' l ig all deference and respect ; and only so far in tll case the Court Ile6ded on its authority and r ' i s, 'diction. In th e m ean t i me , h e di recte d that t h e t / 4 . questio:l 5110111 d bC heft open to all appeal , 0 , - suspruding the operation of thes e articles ceedings stayed accordingly. Monday mornini; ore of the convict boYs °ll l boatelthe fl et Yibtll iOll 11,91 k at Shect pets, pl"ngp ° , ( a knife into the breast of th e lem on appoin t to instruct hint in the article of shi)cmaking' i e The knife fort nit at ely str uc k th e hteAstbone ; tts youthful assa.sin was immediately secuted, 9"" exarninatim has been taken of the affetir, by J °l ' CA PPP. It., 'll;tt. nx teactr On Tnesday, th-k 911 i inst.. at Barrow 1 ,3 L ern House , the Lady of .1. C. kier:ies, Esq. of a daughter. NIA:111U F;D. to Yestefday, Mr. FT. Baxter, of Broad-street-bniklii c lad , Mks itavrti, daughter' of the lzt e W. Raven-, i-Csq•"f St ' ' 10-1611.• • • DIM). ILO OnsTueqilay last, at Bath, Mrs. Fuwlcr, widow of the Captain John; Fifinder. Ui b r f On the ill. tug., at Boulogne, on. his %vac to tbe'S O , • 1) France, Benjamin StUrgr, of the Corn•Exchittigo; 16°11deo his 24l h' yea:. -. ~. 4 . 143" On the 811, inst., at BelmOn Barnet, .t, East r ou ,,—,a . vey,Esq. olPouthin4F-111ace, agetVG',Z. __.—..••••-• _ • ' Or , LONDON: Printed hy 3. B. cArtgrAnts, of No. Ki „; Ormond-sty-et, Queen-square ; and published by lop SCRIPPS, No. 7, South iiiolton-street, at, oreci 4 (J ice, No. tI2, Strand ; where Advertisement s) Letturs, &c. 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