The Sun. — London, England, 1825-06-02 00:00:00

-~~. •c' •~ . * ;1'11 g 'LONDON J 0.0 RNA I.S. • DAILY Extracts from the•Morntnr, Papers, June 2, 1 825 [NEW TJMES.I In adverting to the debate, of Tuesday on the ':rtela f ys in Chancery, we feel ourselves,consider ltbli at a loss, for want of that accurate and ru s inute information, which nothing but long -ex perience in the practice of the Court cap supply. The complaining, party has a great advantage in .trat respect. - Ile may throw out his insinuations at random ; for it is a part of his alleged grievance that he doe's not kn'oW frOM whence his suffering proceeds., He may, therefore, blame the law, the process, the Judge, and the practitioner, in.. discriminately ; but the person who has to re pel these attacks must know precisely in what particulars, and to what extent, they are errone ous. lie. must be able to disentangle the real evil, f - such'there be, from the erroneous concep tjori ;of its cause, and to show whether it be _susceptible of remedy by the means sug ,gested, or • whether, if adopted, they would not aggravate the inconvenience. The 44 Law's De- Illay" was a proverbial subject of complaint, at - least so - early as the time of Shakspeare ; and we 1 1 -are:far from denying that h is an evil peculiarly ssfelt in the Court of Chancery. Means, we trust, I will be found to palliate that evil. But let us • hot deceive ourselves with the vain belief that it can be eradicated. Equity cannot always be combined with expedition. The most expe ditious tribunals are those of a despotic power, whether in the hands of a tyrant or of a mob. In a free country, the rights of individuals are enced round with so many legal bulwarks, that often bt•comes a work of time and labour to bring a very simple question to issue. But then it must be remembered that if no :aid) protection existed, the weak would be at the merry of the powerful : and the simple would become a a prey to the designing. Legislators and Magistrates are con tinually devising new modes of guarding against fraud and violence, until at last the task of defence becomes' wearisome and oppressive to the party tchom it was meant to serve. These considerations shew the necessity of revising the legal system from time to. time, as has recently been done, . with so much ability, by Mr. Peel, in respect to the Jury Laws. The laws of the Customs and Excise have, in like manner, been-consolidated; . the Scotch-Judicatures are undergoing a similar reform ; and, lastly, a Commission has been for nearly a twelvemonth employed in devising meliorations of the practice of the Court of Chan cery; It is rather premature to assume, that this Commission will- do no good. Its Mem -liers are all 'Men of grcat talent and unimpeach able integrity, amt .they comprise. individuals of different political parties. They do not choose to make a -hasty report ; they have examined a great number of witnesses ; and it - is fairly to be presumed,. that - their suggestions will be the more valuable, in proportion to the care and de liberation with which they are formed. As to the personal imputations thrown on the Lord Chancellor, they are to be -despised. That Noble and Learned Judge may rest the fabric of his fame on a greater number of recorded judg ments than perhaps were ever before deliver. ed by any one. individual. Ile has decided on rights of property to an. amount almost incre dible ; and': those deCisions involve a mass of legal know ledge perfectly unparalleled. No body presumfs to hint that a single one of them is tainted, in the slightest degree, with corral), tion ; and the only thing alleged against any of them is, that in some cases they have not been delivered quite so soan Th asrthe litigating parties could have wished. When we deduct from the delays in Chancery that which is owing to the parties theinseives, and that which is inherent in the practice of the Court, only a small part will remain - chargeabl e on the Lord Chancellor ; and that part may be coßsidered as a tax (a very light one. indeed) - paid for obtaining the deliberate wisdOre of a great and enlightened mind. . Ellnwsit ell css.j The, details of the coronation of Charles X. which we this day ex tract from the French Papers, were ie substance- anticipated by the articles we published on that subject on:Monday and Tuesday. Some-parts of the kolernnity have necessarily-been modified _in consequence of the introduction of the representatis.;e system info the French Government. In the 'King's oath it will be observed that he swears expressly to maintain the constitutional c'haite}. is a wise -and liberal concession to public feeling. The studied omission of the word « charter" in the first speech of Charles X. from the throne, and the substitution of the phrase institutions," ex cited much alarm and disgust among the people of France, who regarded this proceeding' as an indirect refusal, on the . part of . the new Sove reign, to ri.ro2nize and.cOefirm . the . gsant of his predecessor.. 'The solemn p;ed.ge which the King haS now gifii'adrniiiiif doubt and we , hope, therefore,_ that,th distrusLand apprehension of. hiA - Silhjects It is cerkiin, from all the. letters we have lately received from France, that the ympulatity of hiS- . - Most Christian Ma jesty is sink, linost to the lowest degree.—His bigoted deVotion to the Priests. has rendered him peculiarly disliked. The . law •of sacrilege has filled up the measure of public aversion. The in demnity to the padg . ri; nts also, contributed largely to prOduce-the same result. Under these circum stanc,es, the Coronation 'has been treated with great indifference;, by a nation excessively.fond of pageants. and spectacles. The battle has been • confined., to the foreizners, and es , pvcially the. English, who • have. flocked in great numbers. to the -vicinity of Itheims. The French.th,egiselves have.taken pains (0 avoid alyearing,deliglited, or even interested. Soule minor causes., we understand, - have also operated forcibly against the favourabie. reception of the ceremony. In the•first pLere,• all,France---that is to say, Paris, which includes all that. is politi cally active or powerful in-France--is ofopinion that the. coronation should have taken place..in thecapital, under the eyes,. as it were,-of the whole land, itistvad of .being trvisarcte4 Alt Rheims, where few could witness it.—" France, is now," say the malcontents, 44 a Constitutional Monarchy, and there is no propriety in con tinuing the ceremony at Rheims, , because, under another order of things, it pleased oar abso lute Monarchs to be' consecrated there. 7 The ceremony itself, 'we are informed by a corre spondent, was mdch inferior in pomp and splendor to the coronation of George IV. The latter was a gorgeous display of unparalleled wealth and magnificence. The numerous attendance of Peers, High Dignitaries, and Great Officers of State, had an admirable effect at Westminster, Which was ill imitated at Rheims, by the scanty deputations from the Chambers, and the Ministers in immediate dependency upon the Crown. [TUE PUBLIC LEDGER.] The Paris Papers, which arrived last night, are occupied, almost to the exclusion of other matter, with the details of the Coronation. As these ceremonies have been perverted from their original purpose into hollow and heartless pa geants, where even the religious part is still re tained merely for spew, we shall spare the reader the infliction of going with him through the de tails. Und'er thehead " Shores of the Mediter. ranean," these Journals contain the report of another triumph in the Morea over the Egyp tians. It is stated to have been brought by a ves sel from Corfu, which she left on the 27th of April ; but it is much too vague in its present form to lay claim to impiieit credit. It is pro bably the mere echo of an earlier account, or it may relate to some partial action, such as occurs daily when two armies ace in the presence of one another. In the mean time; it is placed, in our epinion, beyond the least doubt,. that the Greeks have obtained some very considerable advantage over I brahim Paella ; whilst we think it likely enough, that this single exploit has been multi plied by the zeal of their friends at Trieste and elsewhere, into as many triumphs as there have been arrivals since then from any of the lonian Islands. But, as we said before, the Egyptians appear to have sustained some very considerable reverse ; though the enact time and place, toge ther with the amount of their loss,are not so well ascertained as we could wish. [MORNING CHRONICLE.] Were we to find any fault with Mr. Brougham's character of the Lord Chancellor, in the debate of Tuesday, we should say, that it .was, ,in one • place, more complimentary than just to his Lord ship. ." If I were a Judge," said Mr. Brougham, " in any other Court but his own (there he might shelter me with his protection); but were 'I a Judge in any other Court in England, Ireland, or Scot land, I. could not name the man by whom should less like to be scrutinized.- No man living would 'be less disposed to spare the faults of others, or more firmly determined to deal out even-handed ju-z:ice -towards the lapses of other institutions," &e. &c.—What evidence of this determination to deal out even-handed justice towards the lapses of other insti tutions has appeared durink the long, long, course of the Chancellor's career; and in what instance. has he shewn himself little disposed to spare the fault of any creature in autho rity Mr. Brougham, would - . not like, he says, to be a Judge in ,any Court (Chancery ex cepted) in England, Ireland, or Scotland, un der the Chancellor's scrutiny ; to Mr. Brougham this scrutiny might, we•,aJlow, 'be not of the most friendly description; but has the Chancel, lor's scrutiny been found by any. means severe by a very different sort of character, Mr. Ken drick, who is a. Welch Judge, or has Lord Eldon discovered, himself little• di,sposed to spare that Gentleman's faults ? Mr. Brougham remarks, that.. the .Chancellor might, in deed, shelter a Judge in •his own Court, with his protection ; it is unlucky enough, however, that the Vice-Chancellor is the, only Judge in the kingdom, who- ever falls under the Lord Chancellor's sarcasm. As for tine Chancellor's 'even-handed justice towards the lapses of other Institutions, we have only to look •at the state of the Magistracy for years past, for atvanswer to this proposition ; there have been lapses enough there, heaven knows, and ,we may look in vain for the evßn-handed justice, which should have corrected the slips in this quarter. We are in clined. to think that Mr. Brougham is mistaken as to points. above (noted ; a severe intolerance of error in authority is not to be numbered among the Chancellor's failings. . [MORNING HERALD.] On Monday night Sir F. Burdett made a speech on the folly of voting large sums of money fOr the education of children. Ile.said as much as,that it was the way to ruin them. Certainly nothing could be more unfortunate for the children in question than for them, so . early in life, 'fo have a notion instilled into them, that an establish merit for their education of 6,000/. a year was necessary. Mr. Hume said' that 1001. a year would secure them better education ; Mr. Hume may ,be much tinder the' mark. In .private life it is well known that the most expensive schools are the worst: i Let aman receive fr om :I n expensive sch oo l` a son or s a daughter, and he will find that after they have heen at home a little time, he will scarcely be able to' know what to do with them.' The greater expellee be-1 stowed on the education of children, the greater, in general, is their arroganee and affectation; in fact, an expensive' education almost sure to un fit them to endure the crosses to which human nature is liable. If the Duke of Cumberland can-; not_get on without 6,000/. u-year added to. the 19,0001. he - already - receives, - let the - Message come down for him alone. It would he, more likely to . be carried than in its pre'sent'shape; Also, if the Duchess of Kent be to have 6,0001. "a -year added to her income, let that Messaiie also come down separately ; but as to the children of six years of age, we would keep thein out of sight— their names we would .not e - ven mention, for fear of filling their heads full of vanity and conceit. We are glad that'Mr.- Broughatn has expressed his 'determination to oppose these grants in their present shape, and we hope the measure: will be lost by a large majority. r • • E TAMES.] Letters from Spain state, that the .constitu tional party is cautiously, bat _perseveringly, exerting itself to gain fresh friends. The French force is now confined to Madrid and the garrison towns. Spain is full of combustible matter, wait ing only the opportunity to explode : but, judg ing from the past, we shall not entertain very sanguine hopes unless we see symptoms of a new class of men taking an interest in the revolution. Babblers and theorists are sorry leaders against artillery : let a few energetic men like Mina come forward, and Spain may yet be redeemed from its present abyss of disgrace. Men of sound common sense and active stirring habits are what is wanted--not Salamanca logicians and orators, talking by -rote what they have 'learned from the common-places of antiquity, without skill or energy to apply a single lesson. [MORNING POST.] We cannot too much admire the naiveté with which the Opposition gravely propose to those Members of the Cabinet, who, in the abstract, advocate " Emancipation," to resign their places, and join the Whigs against their present Col leagues in the Government. '' Only," say they, " repudiate your friends, and separate from Statesmen with whose principles and. Policy you on all subjects but one concur, to coalesce with us from whom on all subjects but that onefon differ, and see what .wonders will ensue!" The re quest is certainly modest, but it still leaves the Ministers who support the Catholic Claims in a dilemma—it gives them but a choice of evils and merely proposes, in case of the prophesied success of the enterprize, being realized, :the chance of forining part of a Cabinet, a thousand times more divided and discordant than that to which they ay:wally belong. Nothing, indeed, has been imagined 'respecting the . .unnatural alliances of, the Golden Age, more monstrous than such a coalition—the lambs of Adminis. tration with the tigers of the Opposition ! :Mr. Secretary Canning in confidential confabulation with Sir Francis Burdett—Mr. 'Plunkett, cheek by jowl with Mr. Lambton—the Chancellor of the Exchequer,- prompting Mr. Hume---and Mr. 'Huskisson cheering , Mr. Hobhouse; whil e Mr. Brougham led the. whole in a bitter attack against the private' liVes of the Royal and the public conduct 'of the Bench of Bishops ! We really think the assurance of the Whigs, in mentioning so violent an outrage on the common sense and feelings of the country, without paral 7 lel ;. and we shall therefore leave them to rumi. nate on their matchless vanity and effrontery. We may observe, however, that, the affected cry of disappointment at the fate of the Catholic Bill, which made an occasion for the proposal that half the Cabinet should resign, has deceived no one'. Waiving other objections to the adoption of a measure so Nilally connected with Ireland as Emancipation is said to be, the Legislature has not been prepared, much less ripe, at any period of the present Session for deciding the subject. We speak not now as opponents of the Question ; but assuming, for argument sake,- that it may be possible to prove the expediency of conces. sions to the Papists. How did Mr. Rice Set out at 'the commencement of his speech on Thursday ? With nothing less than the grossest inconsistency, namely, that Committees of both Houses had been engaged for the whole Session in inquiring into the' State • o f I re . land— i and n the same breath, that . !Codling had been done this . Session for th a t -country.— The Honourable Member thus •contradicts him self—for we insist, as the Opposition themselves have for a quarter of . a century insisted, that the first and most-important step towards all objects 'desirable for that country, was a general in quiry, such as Parliament has been, nay, is at this moment engaged 'in. We also say,, that the introdtiCtion Of the, Catholic Bill before that inquiry•was concluded, and its results fully digested, was premature —was nonsensical. The . Speech from the Throne at the opening of Par-. ljament recommended two things as necessary and connected—first, the suppression of the Ca tholic Association, and next, as the, very terms of the Resolution appointing the Commit. tee express; an investigation into the causes whence that assembly. and all other disiarbances in Ireland have originated. Was not every thing which the Irish or their friends con Id wish at pre. sent implied in : this Course ? If Emancipation could be made to appear expedient, 'would it not thus be - best made evident—and - lfow could any rational person expect that till the enquiry was closed, and the Report submitted to the Legis. lature, any measure of the kind wOuld,he seriously entertained ? No; nor was it seriously entertained, either by tliejVhigs or . theCatholics themselVes; but a good opportunity for . .agitating the Empite was not to be lost, and with that view' the'Catho tic Bill- was got up—and with the same view has every angt'y and irritating topic been forced into its discussion -by the Whigs and Radicals----the " Deputation" and, the." Doctors" of the pre tended " Six Milli Ons." We trust, however, the. farce• is now at an end, and that the people - of Irelan&, exercising their own judg ment on the course pursued by Parliamint; will rest content until 'they see what really will be the Conclusion's which the Legislature shall, after maturedeliberation, deduce from all the evidence ,it has -collected during 'W whOle anxious and indefatigable Session of, Inquiry. CATHOLIC MEETING IN DUBLIN.-01) Satur day, pursuant to a: requisition, signed by Mr. Conway, and published in the papers, a meeting of Catholic Gentlemen-took' place at the Corn Exchange.. At half-past three o'clock, Major. .Bryan was called to the chair. Mr. Conway then read a letter from Mr. Dwyer, Secretary to the Cork Catholics,. requesting to know what line of proceedings it was intended to adopt at the next aggregate meeting. As no course has yet been determined on, Mr. Conway was directed to infbrm the Catholics of Cork to that effect.—(liforning.72egistcr.) - . FALSE AL,tams.--011 Saturday a report was very industriouily circulated throughout the City, that one of the oldest and most respectable of our private banks had stop ped payment. It is, almost unnecessary for us to say that tile report in question is utterly destitute of foundation : but we cannot too highly condemn the unworthy conduct of indij viduals who originate and circulate rumours, which,. however unfounded, are but too well calcUlated to aggravate any exist ing embarrassment to which a particular, department of trade may be subjected:—(Dublin Morning Poit.:) ENORMOUS Fisir.—A sturgeon was on Thurs day sennigift expOsed for sale at PreSton fish-stones, that had been taken by Thomas Wain, on the Lancaster SAnds. It Weighed 3301b5. and measured in length nine feet seven inches; and in the thickest part was four feet two inches in girth. : " a 5 . . .I ~ 3 LAW INTELLIGENCE. COURT OF KING'S BENCH; JUNE 1. MILLER AND, OTHERS V. DOUGLASS AND OTHERS. This was an action against three officers of the Portable Gas Company f or a f orc ibl e entry, ' Wi th counts in trespass at corn law. The Company had been in.treaty with the plaintiffs for a lease of an acre and a half of land near Battle-bridge ; but plaintiffs refused to carry it into execution ; and the Company filed a bill in Chancery for a specific performance of the alleged contract. While this measure was pending, on Dec. 13 last, 10 or 12 men, under their authority, took possession of the land with a constable's staff and a cutlass, and held it till the action was brought. The ATTORNEY-GENERAL, for the defendants, admitted that they were guilty of a trespass, but denied that they ever intended to , authorize, or ever id authorize, any of those acts of viol e n ce or force which amounted to a' forcible entry or detainer. Mr. 'CAMPBELL having called Mr. Yellowly, the surveyor of the Company, was beginning to examine him as to the treaty for the lease, when The LORD CHIEF JUSTICE, with some warmth, observ ed, that these circumstances were entirely irrelevant to the view of the case presented by the Attorney-General. It was most important that the time of the public, precious as it was, should not be wasted, and that gentlemen of the bar should confine theniselves to the real question in dispute, and separate them from all irrelevant matter, as had been done in former times. It was distressing to see a contrary course taken by Counsel. of the very highest rank in their profession. Mr. CAMPBELL, after speaking to the - Attorney-General, said.that he was not conducting the case, he was only acting under, the directions of his leader. Several witnesses were examined to prove that the Company intended'no forciblecntry ; but they proved little, except that • the men were instructed not to resist a peace-Officer. The Jury, under the direction ofthe LORD CHIEF JUSTICE, returned a verdict for the plaintiff, damages 1001. a expressing an opinion that there was a forcible entry, which entitles the plaintiff to treble damages under the statute. ASSAULT.—POOLE V. ELLISTON. In this cause four special jurors and eight talesmen were sworn. Mr. ALDERSON stated that this was an action against Robert Wm. Elliston for an assault, to which he had pleaded " Not Guilty." Mr. BROUGHAM opened the case on behalf of the plaintiff. The Jury had heard from his Learned Friend, that this was an action for assault, and it was his duty to state the circumstances Under which it arose.- There was no class of cases - brought into Courts of Justice which exhibited such remarkable varieties of complexion and character as that to which this cause belonged. Many of theni, no doubt, were of a very light and trivial nature, arising between persons of low station, or originating in quarrels on a race-course or at an ale-house, which deserved.but little at tention from the Court, and were sufficiently compensated by trivial damages. But there were other cases also ranging them selves nominally under the description of assaults, in which the injury complained of was serious, and which merited the anxious and attentive consideration of Juries. Of this latter kind was the case which -he should proceed to state and to piove. Mr. Poole, the plaintiff, was a person moving in the rank and entitled to. the character of a gentleman, who, following the example of some of the most distinguished orna ments of English' Literature, had written pieces for the stage, - which had received no inconsiderable portion of public .favour and applause. In consequence of these successes, he became entitled to a privilege which, was always expected '-by authors of successful pieces, and uniformly bestowed upon them, of free admission to the theatre which they assisted by their talents, and which, in pursuance of that custom, was con ferred on Mr. Poole by Mr. Elliston. In consequence, how ever, of some other Piece, or something which Mr. Poole had written or said, which was dispjeasing to the great manager, he thought fit to withdraw the privilege to which he was entitled as an author, and refused him entrance. Mr. Poole wrote to re monstrate; but no notice was taken of his letters. This cir , eumstance did not surprise him, for he knew that the manager was a very stately person, and that those who occupied his si tuation-thought themselves occasionally entitled to assume airs of superiority which would not befit gentlemen in other profes sions of less dignity. Mr. Poole, being unable to obtain an an swer, determined to call on Mr. Elliston, and went for that purpose to the theatre, accompanied by a friend. He called in the morning, for it would have been unpardonable to obtrude on the manager in the hours, of relaxation from his cares ; • but he went at a time when he would be prepared to attend to the business of thetheatre. Mr. Poole and his friend sent up their cards, and after waiting a suitable time, received a message desiring them to walk into the manager's room; and thither they repaired. After - a little time, Mr. Elliston entered in a •violent rage, stormed -high with passion, and aildressed Mr. Poole in language tog coarse to, be repeated by him, though it must be stated by the witnesses. This language belonged only to the lowest class of people, and was followed up by a kick of the.most humiliating kind. Mr. Elliston then endeavoured to collar Mr. Poole and on his friend interposing to separate them, called him a liar, and threatened to serve him in the same way. Could any excuse be offered for such en outrage ? Surely the plea-of intoxication could not be set up, for this was . in the . morning, at a time when-none above the station of ticket por ters, and hardly any of that laborious and respectable class, were to be affixted with liquor. Jilin in the evening it could hardly- be insinuated that such - a thing -ever happened to Mr. Elliston—a man who was then '• to hold the mirror up to Na ture"—(a laugh)—and who never would, instead of that n hold a Bacchanalian glass op to Nature with unsteady hand. If the plaintiff had been a porter or a waggoner, he might speak of the bodily pain he had suffered; but when a gentleman.com plained of the 'worst of human indignities —a blow, publicly and deliberately inflicted.in open day,—it would lie a mockery to speak ofi eny corporal feeling in comparison With .the mortifica tion which .made such a blow worse to him than a fractured limb. Surely the Jury, as: just and sensible men, would feel for the bitter outrage inflicted on the plaintiff, for which hardly any compensation could be excessive; and would by their ver dict encourage men, when personally attacked, to appeal for redress to-the laws, which it was their office to administer, and to that public justice which it was their ditty to execute.` Mr. St. Aubin was examined by Mr. A t:iaxßsoN—He said, I have the honour to be a Barrister. lam a friend of Mr. Poole ; anti on the 4th December last, about one o'clock et Aeon, accompanied - him to Drury-lane Theatre. We . sect in our. cards, with a message, requesting to see Mr. Elliston. After waiting for some time, we were asked to walk in, and. were shown to Mr.'Elliston's room. When we were: there - , - Mr. Elliston came. in, apparently in a violent • passion, and address ing himself to Mr. Poole, : eaid, ". Get out of this house, et, 1 will kick you," using a very coarse exPreSsion. Mr. ALDERSON—What did he do then ? The witness—Why then, Sir, he," suited-tile, faction to the Word," and did i t . (Great laughter.) A scuffle ensued,-and Mr. Poole attempted to remonstrate with Mr. Ellistorr but he would noteheir him. I then offei ed to speak, but-he would not hear ene, and I advised Mr. Poole immediately .to leave the theatre. We did so ;' Mr. Elliston followed us across the staeee, and said to M r . P oo l e , " I d on 't strike y ou ;- f or if I did , - should kill you." I said, " Sir, you have struck hi m; " he turned short round and said " You lie." I said "we had better get `away-as soon as ix - issible,". and went on with Mr. Poole, Mr. Elliston following us into the street, and continuing to abuse us, and giving orders to the door-keepers in our hear ing to take notice of Mr. Poole, and not toadmit him. =Cross-examined by Mr. SCARLET T—flow. lonlehave you been at the bar ?. The witness—Thirteen or fourteen years. Mr. SCAR LETT—Oh, that's a trifle. The witness, in answer to other qtiestions, said Mr. Poole went directly by my advice to - a Magistrate. 'I Sent up my card by .Mr. Poole 7s desire. I was not acquainted with Mr. Elliston. Mr. ScARLETT--,llid Mr. Poole take you with him as his counsel ? • ..The•witn CSS— No ; very few people do that.—(A The counsel I gave to 'Mr. Poole was, to get away a's soon as possible. Mr. kicAnr.ETT—Did you make an oration? The witness.--LO no ! there was no time ; Mr. Elliston fol lowed up this threat by immediate execution. I know of no . libel but the pamphlet you hold in your hand (pointing to a pamphlet which Jr.A Scarlett h e ld).. I have heard -Mr.• Poole say that he had held up Mr. Elliston to public riclici , 4 3 . knew that Mr. Elliston had refused his a d miss i on to the theatre, and that he had received no answer to his letters. Mr. Poole never told me he would go to the - theatre and insult Mr. Ellis tun—upon my oath he did not. I was not examined before the Magistrate ; but when Mr. Poole had , teld his story, I was. asked if I had witnessed the transaction, -and I said I had. I never advised Mr. Poole to change the form of proceeding from an indictment id an action ; 'I advised him, on the contrary, .to make an example. of Mr. rhever heard Mr. Poole say he would call on Mr: Elliston and provoke him. Idid not think that Mr. Elliston would be irritated, because tl!e prtrra phlet had escaped my memory. Mr. 'Poole did net tell Me, that he . had caused the effensive matter of his pamphlet to be inserted in the newspapers. Mr. Elliston appeared in a violent passion„. Air. Hopwood, clerk to the attorney for the plaintiff. proved, that he gave notice tb Air. Elliston of the intention of the prose cutor to proceed:by action instead of by jrulictrnent, and that the recognizances were discharged at the plaintiff's expellee. ~ _ •in.tt said, his learned friend seemed to think that the shortest case was hest . ;: and he would follow his example. lie - was ready to adopt the words 0. his friend' to the. very. letter, " that there were no cases which exhibited such Varieties of complexion. and character as cases bf assault ;" and he could certainly fancy a case of aggravation and entire absence of cause which might be worthy of the serious consideration even of a special jury. But he, like Mr. Brougham, was at liberty to fancy a case—where the party complaining had been the party insulting—where he had goaded on the defbndant by insult after insult--where he had calculated on the infirmity of his temper when he determined to provoke him, and had also produced that which he might have expected to receive. Surely such a case was hardly deserving of the dignity of a special jury ; nor did the only point which could be raised, whether they should give a shilling or a farthing, require any serious consideration at their hands. Mr. Poole, who now came to ask for damages against Mr. Elliston, confessed that he had held him up to ridicule; that, taking for a right what was only a favour, he had added insult to insult because it was with- drawn ; and that, after his letters. remained unanswered, he went to the man whom lie had libelled, taking a friend as a witness to the proceedings. Surely, if a man thus goaded ano ther to attack him—if he solicited what he obtained—he had no right afterwards to claim serious damages. It was impossible to conceive any thing more insolent than the course adopted by the plaintiff towards the man whom he had injured, or' more calculated to provoke a breach of the peace. It had been in sinuatechliat Mr. Elliston was a man of irritable temper,—it might be - so :we did not make ourselves, but were as Nature had formed us; and if Mr. Elliston was quick to apprehend in sult, Mr. Poole was the less excusable in offering it. At.first he intended to prosecute; he hoped thus to wreak his vengeance on the defendant; but then came the prudent attorney, Most prudently , perhaps consulting Mr. Brougham,' who suggested that in this mode of proceeding he would himself be examined as a witness, and that he would be fbrced *to confess all the insults, all the provocation, all the injuries, by which he had irritated and stung his opponent; and that then Mr. Elliston would be convicted, and fined sixpence. He then thought it better to bring his action, where he could produce' some filend who knew Hale of the previous matter, and try to set up the right of free admission, which he claimed by virtue of some prescription from the time of Thespis.• The Jury, however,. would defeat hi s o bj ect—t h ey would see that Mr. E ll iston,.. though not justified, was greatly excused. They would recol lect that the Being who made us reasonable, made us also ie sentful ; and would think the man who had libelled. another.. and goaded him on to assault him, amply compensated by .- nominal damages. The Loan Cams. JUSTICE shortly stated the effect of the evidence. The assault was not denied, and therefore the plain tiff,was by law entitled to a verdict ; and the only question for the consideration of the Jury was the amount of damages. Now It certainly did appear, that Mr. Elliston having taken away the privilege of fee admission to the theatre as by law be had a right to do, the plaintiff held him up to public ridicule, • and wrote to him letters to which he received no answer. If, after this, he chose to go to the theatre and call on the defend ant, hiving reason to expect he would be irritated at his pre sence, and thus brought on himself the assault of which lie complained, the damages ought to be very moderate indeed. The Jury consulted for about ten minutes, and then returned a verdict for the plaintiff—Damages, 80/. The Loan CHIEF JUSTICE laughed and shook his head, expressive of disapprobation of the verdict, which excited some surprise in Court. TILE KING V. ROBERT BLIGH, ESQ. ' This was a seirc facias on the recognizance, whereby the de fendant was hound on the sth of August, 1820, in the penal sum of 6,0001., to keep the peace towards his Majesty's sub jects, and especially towards the Earl of Darnley. - - The breach of this recognizance took place on the Ist of May, . 1823. On that day, Lord Clifton, the son of the Earl of Darnley, was riding on horseback, in company with his sister, Lally Elizabeth Bligh, his brother, and a cler g y man , named Martin, f rom Vauxhall-bridge, along ' Pimlico, when Mr. Bligh passed them in his gig. When he had proceeded about 50 yards , he checked hi s h orse, and the party passed him. He cross e d over to the other side of the road, and drove by them, giving, as he went, to Lord Clifton two strokes of his horsewhip, one on,his back arid the oth er on hi s chest. Mr. GURNEY, in stating. the case for the Crown, observed that the defendant • had conceived. - a most unibrtunate and groundless resentment against Lord Darnley and his family, ' who had acted towards him. with exemplary forbearance ; and who, thOugh they had instituted this proceeding, had delayed bringing it to trial till the defendant himself forced them to submit the case to the Jury. The Learned Counsel called' Lord Clifton and 11r. Martin, who proved the assault as lie stated it. Mr. MEREWETIIER addressed the Jury for the defendant, and contended that the blows might have been accidentall: ! 4 - given in the act of passing ; and urged that, if there was any g l e h ft to t h p e ri e s a o s n e for to t l i i i f e e :Tu Jury on the doubt, the Jury . would refrain from giving a verdict whtcli wo T ul h d e p i r , o o t ) bl i v4 i c i o l ia n s i igy u ll i r. lC ß E li only question—whether the blows were intentionally or acci_ dentaily inflicted. - , The Jury found that the assault was committed, and that the dam dent's recegnizances were broken. ; COURT OF COMMON PLEAS, JUNE 1. '(21(7/0//riled Sittings cater Term, here Lord Chief Jag-- lice BEsT, and a Special Jury.), STRONG V. RULE. This was an action on a policy of insurance on the ship Wa.; terloo, value 1,5001. The defendant pleaded non assumpsit. The plaintifFwas owner of the shiP, and had brought the ac tion against the defendant, . who was a partner of the Pacific Mutual Association Assurance Company, the members of which agreed mutually to insure each other's ships.. The plaintiff was a member of the Association. The Waterloo sailed from this country in Jul y , to Jamaica. Shortly after her departure from Jamaica, on bet return to this country, she struck on a rock in the Gulf OrMex ico, and was • preserved from destruction by the assistance of the wreckers and the c rew o f a C o l ombian privateer called the- Sentella. The Waterloo was afterwards enabled to proeeed`to Savannah; where her • cargo was sold to pay for the repair he ,plaintiff was on ,hoard all the time, and purchased a great portion of the car go . H e now brought the action against the Mutual Association Company to recover the.amount of the re pairs. The defendant said, that because the plaintiff had mo ney to purchase the. cargo, he ought to have employed that rric bey, and saved the insurers the loss arising on the sale of the goods which had been sold for paying , the repairs. ,The evidence for the plaintiff occupied the Court all day. In the -- course of the proceedings several objections were taken; and Mr. Sergeant VA u.ollari.submitted that the plaintiff must be nonsuited on two or three grounds ; that the consideration, as proved, was not properly stated in the declaration; and that the contract was in its nature - an' illegal one, because the asio ciaticm was illegal. The LORD Currx JosTicu having over-r u l e d th e first . point, and reserved the other; • Mr. Sergeant VAUGHAN, s ee i ng th at i t was so late, and that there was a probability of - the cause not being concluded before midnight, strbrnitted to a verdict for the plaintiff' on a particu lar count of the declaration, and said he would move the Court,. above. COTiciTillAitKP.T., JUNE Ships at Market, . - . Ships sold 22, Newcastle 2l 8 Simtleffand - . 7 • Price. 28 6(1 to 37s 6d 34s 3d to 33s (ki • BIRTHS. On the 2t4th ult., at Fittlnyorth, near Petworth, the lady Of the'Rev. R. Tredcioft, of - a daughter. • On the 30th ult., at - Gladwins, Essex, the lady .. of the R Thomas Cla - vton Glyn, of a daughter. On . th'e 3 . 1•;t nit:, at his house in Lower G'rosvenor-street, lady of Edw ar d Bunn, Esq., "of a•son a - • • • - On the Ist inst., in Percy-street, Bedford-square, the lady of William Bode, Esq., of a smi. • ' MARRIED. _. • , -- On the Ist June, at Fulham Church, by the Rev. William Wood, Mr. F.dtimati Lipid, of garlcy-street, tp Mary Anne, eldest.daughter of Kenftek Collett, 'Esq., of Chancery-lane, and Holcrofts, I , u/halo. • • On the 3/st ult., ix St. John's, Hackney, William (4uarles, Esq., of Foulsham;,solicitiir, to Sarah L awrance , on l y d aughter ofJosepli Of LlpperClapton. -On' th e Ist' ingt., - at St. A'rm is, Soli(c, by the Rev. Dr, Clark&,. and afterwards at the Chapel of the Sardinian Ambassador, Arthur Burrow, Esq., of` lianlev, Staffordshire, and St. John's i Wood, to Caroline; daughtei of Antonio Gallassi, Of Carlisle street, oho-squitre. ' . -- On the Ist inst,., at Camberwell, the Re v . J ames Thomas Du Boulity, 31. A: Fellow o f E x e t e r College, Oxfoid. to Susan Maria, eldest daughter . of Seth 'Ward; Esq., of the for Mer place: At Lichfield, on the 30th ult., in the 78th year of his age.. General yyse, Colkel of the 3d, or Prince of Wales's Dragoon Gliards. • ' • • On Friday last,in his nth year, at the vicarage -house, Can : ningLyn, in the county of So.nerset, th e R ev . Ch ar l es H enr y clerk, vic ar or that' parish, one of the Chaplains in Ortli nary to his Royal 'Highness the Duke of Sussex, and to the Risht Hon. Lord ciray, and also one of the Justices of the ',Peace for the county of Somerset, and retired Chaplain to the 24th reiment of Light D ragoons. On Sunday I 'asi,lllx...Joseph Aldwinkle, of Mark-lane. On the 31st ult., at:Wadtlon, Surrey, Mary, wife of panic.' Richard Wnrington, Esq.' On Monday, the 30th ult:, at Nottingham, Sarah, the wife of Mr: William ;Wilson. __— Prihtell and Pnbit lied for the PIIOVIIIETORS, 'at tbe"Euk. OFFICE, No. 112, Strand, by J. fl. CARSTAIRS.