The Sun. — London, England, 1824-01-20 00:00:00

• I,\ v.' t .r x • y is • • • / ;?• 1 t . • . , • // 7 .2 ‘ A • ri-t " ot , (1/ tf;-',54 ; 12WY wurow i UN. NUMBER 9800 TUESDAY, JANUARY 20, 1824. PRICE StVENPEic;b:E; LAW INTELLIGENCE. the Belay, as the parties would hardly venture to put them selves to the risk of having to meet all the averments of the an , swer by direct evidence. CONTRACT FOR ORDIN4RY PEALS. Navy-Office, Jan. 16, 1824. " PRINCIPAL. OFFICERS and COM MISSIONERS of HIS MAJESTY'S . N.4 krY do Hereby give Notice, That on Thursday next, the '22(4 Inst., at One o'Cloch, they will be ready to treat with &lick Per 'loss as may be willing to Contract for This Dp.y were 4sublished, In Small Octavo, price Six Shillings, VEISCELLANEOLIS PIECES on SACRED SUBJECTS, in Prose arid Verse. J. LET ricE, D.D. Written in the Eighty-third and Eighty-fourth years of his COURT OF CHANCERY, Jes. 19. GOURLAY V. TUE DUKE OF SOMERSET. age Nollmne res seniles cunt, qure vel inirmis eorporibus ani nao.Tanten adininistrantur.—(Cld. tie Sinectnte.) Printed for the Author ; and sold by C. and .1. Rivinzton, St..Paurs Civureh'Yard-, and Waterloo-place; 'l'. Cadell, in the Strand ; and W. Clark, New Bond,street. The Lonn CIIANCELLQ a had intended to have given judg ment in this case to-day, but, from the delay of the parties in furnishing particular papers and information required of them, which delay he again very gravely reOulced, he proposed to give judgment on Saturday, any lacheiof the parties after this notice notwithstanding. STRICTURES CURED By a new Method the above troublesome Complaint is entirely eradicated, (without the use of B on i, or Caustic), whether of long or short standing, ex cept constitutional, as well as all weaknesses generally ac companying it, and in a short time the whole system is re estalrlished, beinz one of the greatest discoveries ever roads. By JOHN LYNCH, 44, Duke -street, St. James's. Respectable references will be given, if terinired.—.lll Let tiers postpaid. ci The price of the Medicine is Four Pounds a parcel. A perfect Cure for Bilious- Affections and Obstructions the Bowels. Just published, price ss. sid. two., the Third Edition of RA A PCTICAL TREATISE on NERVOUS, BILIOUS, and INFLAMMATORY AFFECTIONS, with a new Method of Curing Strictures, without the use of Bougie or Caustic with an Appendix on the Disenses of Women and Children, Br 301 - IN LYNCH.—To be had of the Author, 44, Dulse• itree-t, St. James's. LONDON REPOSITORY for the CABINET MAKERS' SOCIETY, for every Description of CABINET le (atm_ TURE, FEATHER BED and MATTRESS...MA-NU_ FACTORY, No. 7 1 , Corner of LE ADE NHALL. STREET, London, opposite Aidgate Pump..-Ready Money only, THE Society of Cabinet-Makers respectfully ~ inform the Public that they still continue the above :-.tablishment, for the Benefit of Industrious Mechanics who nave large Familes, by offering them Manufactured Articles the Cabinet Line, of the best Worltmanship, and Cheaper l t ' an any House can do in London by twenty-five per cent., "ere bein g no o the r profit required on the Goods the bare expences ; at the same time will be sufficiently satisfied . 7‘tt i, l'avi ng constant Employment for themselves and families. r- u r is Society was Established in June, 1821, consisting of Ti t .„.7 . ,echanie s ; adding the number of their Wives and Fami "ounted to 66 ; in June, 1819, five more were added to total; in June, 1820,l0; and in June 1821, 8. The 111641 11 , 11 1 . 3er now receiving Support through the Means of Tis 191. _,etY and their Families beg leave to return their hfai l a ults to those Ladies and Gentlemen who have tie erto onoured them 'with their Orders and Recommends ehall always feel happy in their endeavours to gift th e --sfaction ;at the same time solicit a Continuance of 02,,,Benevolence, whereby they may be enabled to increase 'lumber of the Society. The following Articles are inserted as a Specimen of the very Low Prices, all warranted.-Ready Money only. Full size Mahogany four-post Bedstead, lath bottom 31. 15s. 4 -- Full size tent B e d stea d 11.6 5 .-B or d ere d hair Mattress to I • h. -Mahogany Drawer, solid ends 31. 35.-Feather Bed 10 s. -Ditto, free f r om dust , and smell, full size 31. 109.-i. I japanned Ch a i rs o f any d escr ip t i on i n o il 1L 6 5 .-Best do. , W ash -hand-stand 165..--,Ditto, Dressing Table 165.-Hearth 4 tngs 145.-3 ft. 6 i nc h es Ch est of Drawers 41. U.-Three-foot 414 hogany Pembroke Table 11. 18s.-Three-foot ditto on pil_ l ira and claws 31. 155.-Mahogany Dressing Table 11.-Ditto idett, best 11. 45.-Ditto Bedsteps 11. Bs.-Ditto ditto 11. 12s. Ditto ditto 21. 2s -Ditto Box Glass, 2 drawers, best British 158.-Ditto ditto Is. 65.-Ditto ditto IL 18s.-Ditto eii7tiong Glass large size, commode 35.-Ditto ditto 53.-Ditto Bs.--Ditto ditto 125.-Sea Bed and Pillow ss. 6d -Ditto ditto o s.-Ditto ditto 75.-Tray Stand 75.-Long Mahogany m raY 14 5.-Japanned Book Shelf 75.-Tea Caddy 10s.-Porta ble Desk 215.-Desk covers in number 145.-IVlusic Chairs any pattern Bs. 6d.-Eight Mahogany Chairs, covered with horse hair, brass nailed 61. 65.-8 ditto ditto 61. 155.-8 ditto 71. -_ A 8 Trafalgar ditto 91. 95.-Mahogany Sofa to match Bt stead C ouc h 71. 10s.-Ditto ditto 81. 10s.-Ditto with t 4t ead 71. 10s.- Set of Mahogany Card and Sofa Tables, on .4 1 11 legs, banded in rose-wood 81. 155.-Set of Mahogany bllttoes' two Card and Sofa, on pillars and claws 121. 125.- toe best that can be made-to order or pattern 161. 10s. 114,, k a Vsnme 7 foot 6 pedestal, Sideboard, with carved bi ti i n ' 171-Ditto 7 foot 161.-Ditto 6 foot six 151.-Set of Pitto. g 'r abies, of the last pattern, 4 foot by 10 foot fa 11.- 1k ioti. 4 foot 2 by 11 foot 6, 151.-Ditto, 4 foot 6 by 12 foot 6, b• Spanish, an advance of 31.105.-Straw Palliasse 'Read Tent Bedstead and furniture 31. 15.-Bamboo Bed -4ive-fO4 retch elyptic top, with drapery and fringe, 81. 19s. Bed -etch Rive.foot4 a.gany four-post Bedstead and furniture, with gv er ies, lined all through, complete, 151. 103.- 11113erior t t°, ditto 16s lOs -Ditto ditto with cornice, of a inalc e 1 * • • I gold • 1 gt.oo dran 13 1. 10s.-Ditto ditto, with cornice, e e tin ' el. " 201 _Drae and Cfunt • wing-room Curtains, of the best Mo- Ditto of z, fitted for window, 61. 6d.-Ditto ditto 71. 7s. room 3 uPerior and elegant style of work, 101. 10_ 5..- bitt o , rose-wood-Drawing-room Trafalgar Chairs 1 11r. a id with buh1..201.-Table, 2 Covers, and Sofa, 181. ......b itt rtto 11. ls.-Drawing-room Sofa 61. 65.-Ditto, 71. 7s. ditto 41. 81. N.-Horse-hair Cushions, each ss. 6d..-Covered W. T 7 HURNELL, Agent. Go o d COUNIIRY DEALERS SUPPLIED. t o 4 , _ i•packed free of expence, except the materials, and sent Pasrts of Great Britain, and to the East and Wes . t bi n Captains fitted out, and merchants suplied with a Gnads f or E xportation. p I, 11 • Ap or txn en t Urnished at a fed ` lB es tlvo or fa ng r da F ys. hours' qeti•e, and de- 49 09 ;49 6e 01 , 6 ,1 04 ; 0 4 ; 0 4 ; 0 4 ; Oa act 3ar . la" Ds ; od; 9 - col ; ° aO l , 3 ql s 0 ° 0j 1 6 oi 0 0 0) A 2 1 5t1:4 , Supplying 40,000 NORWAY DEALS, or CANADA RED PINE DEALS, to' be delivered . ut His Majesty's Dock Yards at Deptford, Wooluxich,Pcrtsmouth, and Plymouth, by or before the 31st of illarchme.it. A Distribution of the Dents, and a Form of the Tender, iney be seen at this Office. No Tender Mil; be received ..lfter One o'Clock, mthe Day of •Treaty, nor any noticed,: '4 , 41e58 Me Partq, or an Agent for hins,attend.s.. Every Tender must be accompanied by a Letter ad- tressed to the Navt Board, and signed by tzVo responsible PiTaons, engaging t r hetonie bound trith the Perscra tot eieOng,, in Me Sum of £5OO for the :due perfsrmance f,tf the' Contract. • Treasury Chambers, Whitehall, Jan. IR, 1824. WIIEREAS, in the Month of November 1822, TWO MEN LUNATICS were embarked at New York, on board the Schooner Mary Aan, of St. John's, New Brunswick, in the care of a person calling himself Kelly, Professing that he was on his way to Ireland with the said Lu natics, where their Fathers resided, and were wealthy Men.-- On the Passage to Halifax, the Vessel touched at Edgar Town, 'in' the Island of Martha's Vineyard, in the State of Rhode Island, where Kelly landed with the Lunatics, and deserted them there in a very destitute condition. Being unable to give any account of themselves, they w e re taken care of by the Overseers of the Poor, and sent to Bos '!un, where the British Consul. obtained admittance for them into the Lunatic Asylum at Charlestown, in that vicinity, w here they still remain, at• the chttrge of the British Govern ment. The Names of the Alen are said to be James. and Jacob, but their Simames are not known : it is supposed that they arrived at New York by the Albany Stearri-boat, and it is said that Kelly acknowledged he had received 400 Dollars to take charge of the Alen. Any Person who can give information in regard to these "en, are requested to state the same to the Lords of the Trea sury, Whitehall, London ; of to the British Consul at New York. N. B.—The Descriptions of the Persons of the Lunatics have not been received. OIL AND COAL. GAS. This Darwere published, in Octavo, price 21s. in hoards, THE THEORY and _PRACTICE of GAS LIGHVING; containing much original matter rela tive to COAL-GAS, and an egtirely new Treatise on the Economy or Ike GASES procured for illuminating purposes from 0114, TURF; ike. By T. s.: PENSTOSE, Civil Engineer. Second Edition, carefully clrre . cted L adapted to the present State of the Science, and illustrated by appropriate Plates. Printed for Thomas und George Underwood, N 0.32, Fleet street; and Ogle, Drincan, and Co. Paternoster-row.. - PROBERT. The stibioinfd Letter appeared hi The Times of this'dej TO THE EDITOR OF THE TIMES. SlR—Since mjc liberation,. from. the county-gaol at Hertford, you, as well as many others, have not failed to impeach me with every crime which - you think will tend to destroy my . character or peace of mind; but let me tell you, that the day is at hand when that just Almighty, who has mercifully saved an inno cent man from an ignominious des will chew nay actions in a very different light : but to be brie I have only to add, that if you defame my character after this otice, legal means will be the redress which I shall consider mysel f justified in taking. l'ours respectfully, PROBERT. 9, Gravel-lane, Southwark. MENDICITY SOCIETY. TO THE EDITOII7OF THE TIMES. SIR.—In the letter in your paper of this day, signed A Friend to the Poor," a note or query is added, requiring information whether the Honorary Solicitor has par ticipated in an item of 4611. ls. 10d.,* eharged in last year's cash account of the Mendicity Society for ascpences incurred for apprehensions, prosecutions, and constables wages ? I was in hopes that an 'unimpeached professional character of five-and-twenty years' standing, would have protected me from the imputation the note in question implies, and cannot but feel surprised and mortified, that any person possessing the intelli gence and apparent means of information of the, writer of the letter alluded to, should. have known so little of me as to sup pose that I would for one moment have permitted the word " honorary" to have been prefixed to my name in connection with any Society, and at the same time submit to receive any emolument whatever from its funds. It becomes me now, however, explicitely to declare, that no part whatever of the expences attending the prosecutions of the Mendicity Society, nor any other item of chArge, has, di rectly or indirectly, been received by me 9 • and that so far from benefittin g by m y i n t er co u rse with the Mendicity Society, or any other charitable or scientific institution of which I happen to be eitfier an officer or a member,. I not only bestow my time and attention gratuitously, but am a pecuniary con tributor to all, and have, I trust, never been found deficient in an endeavour to promote their prosperity and usefulness, either by personal exertion or occasional extra subscriptions, asaircutustancea of. prosure ox-imitgaiate exigeng Al/ight Re - - quire. The indiscriminate censure recently cast on the motives which may influence professional or other persons of active habits from taking an interest in promoting plans of benevolence, is more calculated to deter honourable men from taking a prominent part in them, than to defeat the sinister views of vain and self interested individuals. I am; Sir, your most Obedient servant, Bedford-row, Jan. 17. Wlll. TOOKE. • The following is the apportionment of the three particulars . constituting this sum, viz.:— Wages of eight constables Rewards and fees on apprehension of vagrants Prosecutions, being fees and other expences p a id at the several police-offices, and at sessions, on con victions £402 19 0 44 3 6 13 19 4 Total £461 1 10 LADY ERSKINE. Bow-STREET—A few days ago Lady ERSKINE, (widow of the distinguished nobleman lately deceasecbsalled a at this office ; an d i n private interview with Sir R. Blasiu, requested his assistance to recover a large quantity of wearing apparel, which, she said, was illegally detained by a Mr. Adams, the keeper of an asylum for lunatics at Bayswater, He r Ladyship admitted that she had been confined there, but said that she was properly discharged, and Mr. Adams, therefore, could have no shadow of right to detain her apparel. Sir R. BIRNIE lamented his inability to afford her any assistance, observing that it was a matter entirely of a civil nature, ' ald a Magistrate could exercise no authority whatever over Mr. Adams. Lady Erskine departed with this answer, but renewed her visit on a subsequent day, and pressed he , suit so earnestly, thht Sir Richard said he would desire an officer to call upon Mr. Adams, and apprise him of her application, and he should then hear what answer that gentleman had to make to it: In consequence of the visit of the officer, Mr. Adams came yesterday to the public office, and having stated his name to Sir R. Birnie, andinformed him that he was'a licensed keeper of a madhouse, he produced a bundle tf papers, consisting, he said, of testimonials of his character and 'respectability, and his fitness for the calling which he followed. Sir R. BIRNIE said, it was quite unnecessary to produce may such documents, for his character was not at all at stake be fore him, nor did he in the smallest degree question his respec tability. Lady Erskine called upon him, and represented that he (Mr. Adams) detained a large quantity of apparel, which she (having as she declared been left in a great measure unpro vided for) stood greatly in need of, and although, strictly speak ing, a magistrate had no jurisdiction in such a case, he had, to oblige her Ladyship, stepped a little out of his way, in the hope that an explanation and arrangement might be brought about. _ _ _ Mr. Adams said, the fact was, that she was placed under his care by the late Lord Erskine, and was most decidedly a fit subject for-his asylum. A quantity of clothes was of course sent for her use, and they were still in his possession. On the night before the Noble Lord departed this life, Lady Erskine made her escape from his (Mr. Adam's) house, and he had ever since been in vain endeavouring to find her. She had ne ver been discharged from his custody, and she was not fit to be at large. Sir R.. BIRNIE said she did not appear to him to have any symptoms of insanity about her. He conversed with her for a considerable time at each interview, and she was, as far as he was able to judge, perfectly rational. Mr. Adams said, she might appear so to the worthy Ma gistrate, for the most confirmed lunatics had their lucid inter vals ; but lie could assure him that she ought to be in con finement, and he would venture to ask Sir Richard if he could give him any information which would assist him in finding her Ladyship, as he was determined to take her into his cus tody wherever he might meet with her. Sir R. BIRNIE said he should give no information upon the subject. Mr. Adams said he had learned that she was running about with very wild sort of company, and he wished to find her if possible. Would Sir R. Birnie order an experienced officer to assist him in the inquiry ? Sir R. BIRNIE said he should give no orders upon the sub ject. Mr. Adams no doubt knew his own power, and he would exercise it as he thought proper. Mr. Adams said he had made his application : it had been refused, and there was an end of it. With respect to the wear ing apparel, he should certainly keep it, as there were consider able arrears due to him for board, &c. Here the conversation ended, and Mr. Adams left the office. HARRIS v. BODENHAM AND PHILLIPS. The argument, which had been considerably protracted, con cluded to day. The LORD CHANCELLOR said, that this was a case which ought to producers considerable feeling of caution with persons of property how they entered into any transactions which they might not afterwards wish to have known ; and it ought to serve particularly as a warning to gentleinen concerned in the business of banking, not to run any improper risks for the sake of profit merely. It appeared that two persons of independent property had embarked in.a bank at Herefordoogether-with one man a business of the name of Garrett. There was hargins transacted by this last named person as it was alleged; on behalf of the firm, in stock jobbing, which amounted first and last to nearly 3,000,000 sterling. Among the parties with whom these bargains had been transacted was :the. plaintiff, who had been deeply • implicated in them. The defendants avowed their responsibility in a portion of these transactions, but, nam ing a particular period at which they said that they had ceased to have .any dealings in . them, they declared that they had positively directed Mr. Garrett to have done with them also ; anti that upon his failing to observe those directions, they caused him to leave the firm. During this last period, and before the departure of Mr. Garrett, there had been new bargains effected between him and the plaintiff. Pre.: sently afterwards, the defendants make 'up their hoOks, and send•to the plaintiff, demanding the balance of their account due from him. He proposed to set off the account the balance of the stock transactions, which proposal the defendants op pose, alleging that those jobs were between Garrett and the_ plaintiff on Garrett's separate account, and that the firm had nothing whatever to do with them. Upon this . followed ,pro ceedings at law, in the course of which it would appear that Mr. Garrett had supported the assertions of the defendants ; for before they could bring their action at laW, the plaintiff had in dieted Mr. Garrett for perjury. Upon the trying of that cause, Mr. Justice Bayley was of opinion that there was no proof of any material perjury ; for as the ground for an indictment for perjury must be laid in fair and sound transactions, so in this case the transactions being entirely illegal, no material perjury could be committed. In giving that opinion, the excellent Judge seemed to entertain not the least doubt upon the law of the case. But with deference to so respectable an authority, he (the Lord Chancellor) entertained very considerable doubts as to thelavr. The plaintiff, however, obtained an injunction from this court to restrain the defendants from proceeding at law for the recovery of the balance which they claimed. And the form of their proceeding was this :--They had paid over to a Mr. Mat thews, who seemed theoughout to have acted as a very honour- . able man, a p r omissory note given by the plaintiff, and for the I bette r security of, Mr: Matthews, endorsed by the defendants, and he was in the act of proceeding to the recovery of it when ataYed by the present injunction. Now, without prejudicing any of the facts as they had been set forth by the defendants, and without the slightest intent to impeach their veracity, •he did think it very material to consider, upon the face of those proceedings, what would be the effect of allowing bankers, or other persons connected in partnership, to disown, upon their own surmise, a long course of transactions the uninterrupted records of which were to be found in their own books, letters, • bills; and accounts. What security could tilers he for thepub lie at large, in dealing with any one who should afterwards • turn out to be a partner in a firm ? He would not now•say what Innst be ,cifSne with The case eventually ; hut at any ratehatoust put the defendants to the trial of their right by an issue at law. It would be material to observe what line of examination would be likely to answer the purposes of . justice, before determining the form of th e i ssu e, as the admi ss ibility or non - a d m i ss ibility of evidence must be considered on each side. He rather thought that the hankers ought to bring the action, and not Mr. Mat thews, after striking out their own endorsement. If they heard n othing more from him by "Wednesday morning, it was to be understood t h at t h e y were at liberty to proceed to an issue at i law upon the bill, without any prejudice, however, to their Tight of addressing him upon the subject in the mean time. The injunction in the mean tune remains undisturbed. ORDERS OF TUE COURT. An order had been published in November last, in the Six Clerks office,. and that of the Registrar. by which it is direct ed that all cases adjourned without reason assigned should be peremptorily struck nut of the paper. Mr. AGAR applied to have a cause restored to the paper, which had been displaced i n consequence of this order. There might be something very proper in . the order • but, with all deference, it was not rendered sufficiently public considering its importance. It was issued late in November, and many country solicitors who were not aware of it had adjourned their cases over the holidays, and would be made to suffer without the consciousness of having committed any offence. Mr. HART did not dislike the order so much as his Learned Friend, Mr. Agar. There were cases, however, in which it might operate prejudicially, though, on the main, its tendency was obviously good. Sometimes a plaintiff had a very ricketty case, so Much so that he might rather prefer not to bring it on than otherwise. Ile would be glad of such an opportu nity as this order afforded him to commit 'aches which would for ever dispose of the case, especially as by that means he would be enabled to pass by the disagreeable question of costs. Perhaps the order would perfectly answer all the purposes of justice, if his Lordship would add to it, leave for the defend ant to show cause for adjournment in case of the momentary defy th of the plaintiff: The LORD CHAN er.t.r.on approved of the suggestion of Mr. Hart. But the order had been rendered necessary by the continual adjournment of causes in which the Court had no power to bring them on, though the Solicitors had ; and of course so adjourned Without any reason assigned, there were at the time of making the order no less than 93. It was time to speak out. The obloquy of these delays had been thrown upon the Court, when the blame belonged exclusively to the parties in their suits or their Solicitors. The Court had enough to answer for without taking upon• itself the odium which be longed to others ; and for his part he was determined to have the order enforced. CLAUGHTON, M. P., V. HARRISON. This was an application for (M injunction to restrain the de fendant from proceeding at law for the recovery of the value of certain promissory notes, which were either accepted or endorsed by the plaintiff, who is a member of the House of Commons, on the ground of fraud alleged to have taken plice in the ori ginating and pasing of them. The plaintiff's bill alleged, that being in want of money, it was proposed to him by one Lee to raise money upon bills, which upon proper security were discounted by the house of :Moreland and Co.; and it further appeared, that when due, they were covered by other bills in the usual course of such transactions. Some of the bills were produced, and certainly they bore rather an assuming cha racter. They were drawn on account of the Pemberton Coal Company, James Farquharson, Secretary, for the advantage of " The African Company," or " The Cape of Good Hope Com. pany ;" no such companies or establishments having any exist ence, except, as the plaintiff alleged, in the head of the said Lee and his coadjutors. • The LORD CHANCELLOR said that the bills were very im posing in their form ; but there wax one little misfortune at tached to them. On inquiring for James Farquharson, scene ' tary, at the residence described in the notes, no one knew any thing of such a person. It was contended on the other side, that however the plaintiff might stand in regard to the transactions upon which the bills were issued by him; he could not alledge that the defendant had any share in the fraud, because he had given positive value for them, and they must prove the defendant's participation in the fraud before they could shake his right to recover the ,value of the notes. Ths defendant's answer refuted that imputation in the most perfect manner ; and if 'every word on the bill were true, there was nothing in it to weaken the defendant's right to the payment of the notes. The case had ben pressed on, because the trial at law was ' expected to take place to-morrow. The argument had proceed ed thus far, when The LORD CHANCELLOR said that he must postpone fur therhearing; as he could not then stay longer; As ,it appeared to him howevee, there was no danger to be apprehended from; VICE-CH AN B C F. E R L N L E O m it i 7 H S O C 4 (2 y. LTRT, JAN. 19. Mr. WAKEFIELD said, in the case of Home and Ilobey, I have humbly to move your Honour that' the defendant, Mr. Hohey, be committed tukhe Fleet Prison for contempt of this Court, in refusing to receive its subpcena. When I first men:. tioned this case to your Honour, I was convinced in my own mind, that my Learned Friend .Mr. Parker, who appeared for the defendant, had'no right to be heard until an appearance was entered. I. have looked into this subject not superficially, and I can find no instance in which the entrance of an appear ance has not been considered an indispensable preliminary to being heard. The VICE-CHANCELLOR—Thete can be no doubt that such is-the general and the strict rule ; but, the strictness of, that rule has been relaxed ; and in this case I think it unnecest, vary. • Mr. WAKEFIELD—Then • I shall proceed' to state to your Honour the grounds of my humble application. I have two affidavits in support of this motion : the firstfrom Mr. Robins, clerk to the Solicitor in this cause ; the second from a person named Harris, a grocer at 'Henley, 'who accompanied the clerk for the purpose of serving the subpoena upon the de fendant. Harris, in his affidavit, styes, that when they ar rived at the defendant's house it was half-past ten ; and lam particularly anxious to call your Honour's attentiOn* to this part of the affidavit since it . is one of the few facts contra dicted by Hobey's affidavit. When they reached the house they knocked at the door, and defendant from within asked " Who's there," to which Robins replied—Mr. Robins. The ilefendant then said—" You've 'come here to serve a Chancery subpnna—neither I nor my servant shall open the door, and I • have a loaded gun, and unless you retire instantly I'll blow your brains out. ' The deponent also stated, that he heard his wife endeavouring to pacify him, but in vain ; and apprehend ing that he might fire at them they withdrew, and concealed, themselves behind a side door. From their concealment, Ro bins observed a broken pane of glass over the door, and de sired deponent to thrust the subpoena through it, and this de ponent did so, Robins distinctly calling- out at the same time— the subpoena is in the passage, which he believed was heard by defendant. Robins' affidavit was to the same effect. The, affidavit of the defendant stated, that it was half-past eleven when the deponents above mentioned came to his house. The affidavit, Mr. Wakefield remarked, was uncorroborated by his wife or servants. Mr. PARKER, for the defendant, said, it was impossible for him to have furnished the Court with corroboratory affida vits consistently with the respect he felt for Mr. Wakefield's opinion, who had with much confidence asserted, that the de fendant could not be heard before he entered an appearance.— He could, however, provide the Court with three additional and corroboratory affidavits. The VICE-CHANCELLOR—Then I shall certainly allow this case to stand over in order that you may have an oppor tunity to file further affidavits. What is your motion, Mr. Wakefield ; is it to commit for contempt ? Mr. WAKEEIELD --:- Yes. The VICE-CeexceELLon—That must mean in the lan guage the defendant has applied to the Court of Chancery, and not in resisting its process. He was not bound to open his door fin- this process more than for a writ. slit RICHARD PHILLIPS AND OTHERS 'v. TAIRBURN, SIMP KIN, AND MARSHALL, AND OTHERS. Mr. PEMBERTON mo ved for an injunction to restrain the defendants from selling or disposing of a certain publication, entitled, "'Chronology of the Reirlt of George the Third end Fotirth," by James Fordyce. increased that work; and that said, which n e c t h a l e l e y d e a a r g e l n 8 e 2 r o a , l S c h i r i o R n i o c l h o a g r y d Ph, drand in t 4 l l i lir e ni .1) m jes ia o cEco n hi 3spu a Ei f cl I tee D deT e e°adcN ei e wn m g b y e e r r l 8 2h he, a work was published, pirated from the plaintiff's publication, purporting to be written by James Fordyce, which work was a mere copy of the plain tiff's, and 014 differing from it by mere colourable alterations. The VICE - Criancer.ton.—ls there any Gentleman in this application ? 02(.—1 understand not. str T Aulc h rt r P V lct l o c m:neii: l tl iricxe.r.ou asked for the two books, and they were handed up to his Honour. Several passages were referred t o Gentleman, which his Honour considered plaintiff's work, and the publication having be eebrney proved,co the e injunction wes granted. m L s e a f r ot n h the d mitt o e d'i . t b i i y e question s ar i s i ng COURT OF KING'S BENCH, JAX. 19. PERJURY. THE %IWO V. HALM the defend ant , w h o is an Attorney, an Ald erman , an d T ow „ Clerk Thi s was an indi c t ment f or per j ury a ll ege d to h ave been cm of the B oroug h o f St. I ves, C ornwa ll. Thi s was one out of the oroceedings which took l ace at and subsequent to th e e l ect i on 'for the borough of St. y y ,„, Cornwall, in the year 1820, and which have been so fre euently before the public in various shapes. In March, 1820, Mr. Graham and Mr. Evelyn started as candidate for the borough of St. Ives, upon what was called the independent in terest, and Mr. liaise canvassed the borough for them. Sir Walter Stirling and - Colonel Mead stood on Sir Christopher Hawkins's interest. Mr. Evelyn and Mr. Graham were the successful candidates. A petition from the other party was presented to the House of Commons against the return, and proceedings were instituted against Mr. Halse and others for bribery, but the offence charged was not established. A Com mittee was appointed by the House of Commons to try the merits of the petition, which was ultimately dismissed. A person named Mum, who gave evidence before the Committee, was afterwards tried for perjury, for having sworn before the'Com mittee that Mr. Heise 'frequently said to the - mien that he would give each person fifteen guineas if his friends should be successful, and ten guineas if the other candidates should be re turned. On the prosecution against Dunn Mr. Belie was called as a witness, and he swore positively that he had never used the words imputed to him by Dunn, nor that he had said to a voter named King, whom he canvassed for Messrs. Evelyn and Graham, nor to any voter, " There's no time to be lost---come down to my house this evening or else you'll get nothing."—Dunn was found guilty, and sentenced to trans portation. Mr. SCARLETT (with whom were Mr. Gaselee and Mr. Park) having stated the case for the prosecution, called Tho mas Icing, who swore positively that. when Mr. Heise can vassed his vote for Messrs. Evelyn and Graham in March, 1820, lie said to him, come down to my house this evening and give your vote, or else you will get nothing. A great number of persons who were voters for the Borough swore, that when Mr. Halse solicited their votes on the Ist of March, 1820, he said to each of them distinctly, " If my friends be returned I will give each of you. fifteen guineas, but if the other candidates be returned 1 will give you ten guineas each ;" and that he frequently said, " There's no time to be lost, come down in the evening, if you don't you'll get nothing:" The wires of some of these witnesses corrobo rated their husbands' testimony, but nearly all the witnesses admitted in their cross-examination that they were witnesses for Dunn, and gave similar evidence on his trial. The ATTORN EY-GEXERAL having intimated to his Lord ship, that it was his intention to examine witnesses for the de fence, his Lordship informed the Special Jurors who were sum moned in other causes, that he should not hear any other cause to-day; and he also informed the Bar that he should not sit at Nisi Prius on Thursday next; but should sit with tlae.othea Judges in an adjoining Chamber to hear motions for new trials. At hal-past two o'clock the ATTORNEY-GENERAL (with whom were Mr. Gurney, Mr. Adam, and Mr. Wilde) rote to address the Jury for the defendant. He commenced by observing, that the offence with which the defendant stood charged was a crime of the deepest dye ; and he trusted that in proportion to the enormity of the offence would be the strength of evidence upon which the Jury would pronounce a verdict of guilty. The defendant was a gentleman of respectability in the borough of St. Ives ; he was an Al derman and Town Clerk of the borough, and when a vo lunteer corps was raised in that borough he was appointed to the command of it. This was the seventeenth prosecution instituted at the expence of Sir Christopher Hawkins against the persons who took a part in the election, and every one of these prosecutions was unsuccessful. The prosecution against, Dunn was directed by the Committee of the House of Commons, and on that occasion the witnesses who were called this day gave similar evidence for Dunn; but the Jury did not believe them. Why did he mention this fact? To spew the .Jury that these witnesses were interested in the evidence which . they had given;because they were these to-day to support their former evidence, and tea establish., if possible, thattheir former. evidence was entitled to that credit which another Jury denied to it. Witnesses so interested were not, he contended, pertains upon whose testimony a- respectable gentleman was to be plo. , nounced guilty of perjury. His Learned Friend (Mr. Scarlett) hadintrodtked the defendant to the Court and the Jury as experienced; cautious electioneering agent, who had on'all for mer occasions-been employed by candidates to canvass the borough, Assuming that 'to be the defendant's character, was it. credible—was it.,not• monstrous to suppose that he would act in the manner -imputed to him ? He begged the Jury-to bear in' mind, that according to the evidence for she prosecution, the expressions charged were addressed to persons who at first hesitated to vete fet liaise's friends. Even if the Jury could bring 'themselves to believe that Mr. H. "would have expressed himself in the termsineetted to him to persoes, who without the least hesitation promised his friends their votes, was it at all likely that' he would have used such ex pressions in the presence of Tersena who had manifested tia , friendly feeling towards' Messrs. Evelyn and Graham.; nay, in the presence - of persons, emit of *horn had previously declared F- their intention of giving one vote at least' to Sir-Welter Stirling ? He should call the persems who accompanied Mr. H. during the canvas, and they should swear that , they were with him at the timf:s he was stated to have used those .words ; but tinit they never heard him make use of such worils, seer words to that effect. For his own part, he shonld be. inclined - to disbelieve any Man, wh;? would swear that Mr. n. could have acted so imprudently and so incautiously as the witnesia for the prosecution swore that he had acted. The Jury would weigh the evidence 'on botlx sides; and if they should be of opinion that the weight o' evidence was against the defendant, then he was satisfied they would discharge their duty, and promote the ends of justice, by pronouncing (however painful it might be) hint Guilty ; but, if on - the other hand, they should entertain any doubtopon the subject, then the defendant was entitled to the benefit of that doubt, and to a verdict of Not Guilty. • Mr. Jas. H. Geo. Graham—l was one of the candidates for the borough of St. Ives in 1820. I remember the country can vass in March, 1820. I was accompanied on that canvass by Mr. Evelyn, the other candidate, by the defendant, and a body of about twenty or thirty persons. Mr. liaise kept close be , side me, and I think introduced me to each voter. I think Mr. liaise said to the voters—" There is no time to be lost." or words to that effect : but I am quite satisfied that lie never said in my presence any thing about giving them money fur their votes. I never heard him say to them—" Come down to my house in the evening, or you will get nothing." Indeed, ' if such words were used, I should have interfered, because I was well aware of the danger of such a proceeding. lam satis fied that such expressions were not used. Cross-examined—l certainly should have interfered if Mr- Heise said any thing improper in my presence. After Mr. Halite introduced me to one voter. I heard some conversation between them about a lease, and I said—" Hush, I cannot hear that ; if my getting the vote depends upon your promise to grant a lease, I shall not accept of the vote." I think the words—" There is no time to be lost," meant that I and Me: Evelyn were immediately setting off for Penzance, and did' not intend to canvass the Borough again. I was introduced to Mr. Halac, in London, about a week before I went to St. Ives. (Witness here refused to say who introduced him to Mr. liaise, or whether he paid Mr. liaise any sums of money.) I don't • know from-Mr. Halse what money he was to receive from Mr.. Evelyn, don't know who introduced Mr. Evelyn to Mr. liaise. ' • • Mr. Evelyn, the other candidate for the borough, swore po sitively that he never heard - Mr. liaise say to the voters " that. if they did not give him their votes, they would gat nothing," nor words to that effect, and that he generally beard Wh a t passed when Mr. Halse introduced hire to the voters. Cross examined--I don't recollect which of our party usually wept first into the voter's houses, nor who usually first left the• houses. Mr. liaise never has land any money from me on ac= count of the election. Some time ago I lent him a small stun of money. I was introduced to Mr. liaise about a week before the canvass commenced. • - - Mr. Richard Hitchins, a surgeon in St. Ives, and brother•in. , law of Mr. Halst gave similar testimony. H did not think Mr. Halse quitted his (witness) side during the time of can vassing. Three or four other persons who composed part of the can. vassing party corroborated -the testimony of the three other witnesses. _ _ Mr. SCARLETT, in reply, contended that the testimony fer the proseCution was not at all shaken. All that was proved by the witnesses called for the defendant was, that he did not use these words in their hearing. That the defendant did not use these words in the hearing of the candidates, or of the mem bers of the canvassing Committee he was ready to admit ; but the question which the Jury had to try was, did lie use the words at all ? MS LORDSHIP, in summing up, recapitulated the evidence very minutely, and left it to the Jury to say to which sidF they attached credit. The Jury were to (115111253 from their minds all considemtiOn as to whether the defendant bribed the voters of not, as that question was not now before them. They were merely to try, did the defendant say, ." There's no time to he lost; come down to night, 'or you'll get nothing?" which were the words charged in the indictment ; and if they should be of opinion that he did use these exact words, then they must find him guilty ; but if they should be of opinion that he did not use these words, although he might have used words which would convey the same meaning, then in point of law he was , entitled to an acquittal. The Jury immediately pronounced the defendent Not Guilty. In consequence of the number of witnesses calleri on the part of the prosecution, all to swear to one fact; this trial occupied the Court until six o'clock in the evening. THE GREAT SURGICAL OPERATION or REMOV, ING A THIGH AT THE HIP JOINT. ( From the Lancet of Saturday.) OUT'S HOSPITAL, JAN. IS,—This formidable operation was perfortned here this morning for the first time, by Sii . Akley Cooper, in the presence of some of the surgeons and pupils be longing to these institutions. The number of those present, however, was not so great as on many other occasions, no previous notice of the operation having been given, and this arose in consequence of it not having been determined. toe but a few minutes before its performance.. The pitient is a man a bout! 40 years of age, whose leg had been amputated , some years ago, just above the knee,' since which time the thigh bone had become diseased from the extremity of the up to the trochanter major; and this disease has had. u effect on him of late, th a t he Las been rapidly ;in g i I kin stump,s l s uc h rit ; the thigh was of the, middle size. On being asked this morning to submit to an operation, he readily en esete id. At half-past one the patient was brought into the Op s i e ezi ng theatre, wad placed in the recumbent posture on the table ; • the femoral artery, being tightly compressed at the groin by an assistant (Mr. Key), Sir Astley, standing to the outer side, with the limb in one hand, and the. catlin in the Other. • commenced the operation.eby making an incision just below Poupart'sligament, a little to the iliac side of thefernoral artery ; this was continued obliquely downwards .- and outwards to the• back of the thigh, about one-third of the way down, from which point the knife was carried in the opposite dir etion, obliquely upwards and inwards to meet the first incision, by this means forming an elliptical curve. At this step cf the operation, the femoral artery was divided, to which a ligature.was immediately applied ; the skin and cellular membrane were merely cut through at first, but the knife was again carried. in the same direction as before, and thus the muscles were also se parated ; at this step also, it was necessarry to apply another li gature ; here the operator changed positions, and sat. on a chair in front of the patient, waited a short time to see whether-there were any bleeding vessels ; after the lapse of a few minutes the operation was continued, and very shortly completed,. the head of the thigh-bone being removed from the acetabulurn without any difficulty. Two ligatures in addition' to those a/read: - .: used were applied, 'making in the whole four; the integuments were brought together, and a suture applied to the upper portions.; strips of adhesive plaster, and lastly a bandage, were put over the stump. There were about 12 ouncea of blood lost, but it had the appearance of being venous. The limb was removed in the space of twenty minutes, the securing the arteries and dressing occupied fifteen more ;. the whole was Complete ' ed in 35 minutes. During the operation the mar, was es tremely faint, but some wine being given him, and fresh air admitted, he recovered. • He bore theoperation with extraordinary forti tude,- and after all was finished, said to Sir Asdey, " that it waxthe hardest day's •work - he had ever gone through," to which Sir Miley replied, " that it w4:almost the hallo - the ever '