The Sun. — London, England, 1821-11-24 00:00:00

LAW 4N:ITLLIGENCE. COURT OF. CHANCERY, Nov. 23. .„ ~- . , . . liv , p -. - 9 in AND TENANT. 'Xt. ITrain MoNled to dissolve an injunction which had been R iii . ncii h jr the plaintiff to restrain the defendants from send the 'shi . r A y - polio,' then lying in the port of London, own I/ a/e to tne::.;astr Indies, until the defendants had indemnifiid 44wainst any demand that might be made . on him, as part owner of 'tlie ship i for repairs of the vessel, ordered by the de rehdaniii- Without his consent. It appeared that the plaintiff . avat owner of three-eighths of the ship, and the defendants were oWriers office-eighths. He made this application on - the ground 'that the pLiintiff had no right to intertere with the management Arthe ship, as he had been indemnified to the amount of his 'interest in her. Before he'moved for the injunction before his Lqrdshipi he had •applied to the Admiralty Court, and had held the defendants in securities for the interest he had in -the' veSsel. He could not help expressinhis surprise that this sissumaranee was held back from his Lo rdship when the in nction was moved for. The effect of the injunction had been b li ly detriniental to the defendants, as to their interests in the k . ~., which Wi..ifof the first class, and as such entered at Lloyd's, it betbre th(!•application for the injunction,had been freight ed by the East India Company, and half.her cargo on board, arid 28 persons had taken their passage in her for India.; but irriconsequence:of the injunction, the Company objected to the cargo proceetlpm• in the ship and tnany of the passengers had withdraivn themselves.from her. Thestatements of the plain tiff.,:tn'Obtaining the injunctiaii, - were, that the ship was darnag 4and not seaworthy. - - .Th'e . defendants-in answer had put in aff.davits, from which it appeared that the ship was of the first clasS,iind equal not only to make a voyage to ; the East Indies, to : : to any part of the world. Since the issuing of the injunc ta.three.of the SurieyorshelOnging to. Lloyd's had surveyed t' L' ,A.Mp, an 4 they reported heneapable of:performing .the voy --::. He'thn said he held, in his hand the affidavits.of several .aritp:troketi. - tind - suiveyori, • and"also those 'of the Captain, .7tiarti, &c. who navigated . the ship on. her :fast voyag4. to the same effect • and the officers added, that during thewhole voy age, •in the ; hdrdegt gales, 'she never Made more than two or thrtyrinchea of water in 24 hniirs, Under tliege' circumstances he had ao doubt but his Lordslrivvionid :t issolve. the . in ;dr.etion:. • ' . < ?r Ir. followed on the Barite sire. Mr. 11 ART, Counsel for the Plaintiff; contended thatthe•in ' 4 unction' was properly granted, and ought-not to be dissolved;.- On obtaining it he had not said any thing.about „the security ob.- tained by the pkintiff in 'the Admtralty Court,, because it did net bear on the. oneEtion ; the security would he discharged- the moment the ship arrived at the port of, London, after making her voyage, - althinigh she was reduced to a hulk, and the plain tiff,'-'wotil&riot.-be entitled to-any recompense for the loss of his property. :It could not be denied that the Plaintiff incurred a legal liability f or the debts of the ship, and the repairs directed by the defenants amounted to 2,0001. '('he defendants in their) affidavits had stated, that - they • had paid, or. would pay, the whole expence of the outfit; if they had paid all the charges.he . would have had no objection to the injunction being dissolved, but until that was done he felt satisfied that his Lordship would not disturb'the injunction.. • . . 2ilr. Bars-followed on the same side., Mr. linAnD replied. . : . . ' ' Mn. HART said; - that his client had just informed him that the shipwrights who had repaired the ship had sent him in' a bill for the repairs, with a letter, - stating, that they held him liable fur the amount. The letter could be produced in Court in half an hour. The Loan CHANCELLOR- 4 " 'You may take that time to • preduce..the. letter,. and then I will state what I. think of the case:" ' _ Mr. HART stated, that the letters which had been sent for, r.ai(..,'Cix paid the fine, and was discharged. - - sermon therein . were now in Court ;if it was wished by the other side, he ' ' , from preaching a setmon therein ; that at-the time of this inter, would have them verified by affidavit. .. . • —4,,,-- . ruption the congregation was singing psalms ; yet that Hatch _.,„ Mr said,: the letters were written on - the 4th of ' ' COL'IIT 'OF COIIIION PLEAS, Nov. 23. and induced some of them to place - themselves at or about the The Cotirt Was oct,upied until three o'clock in hearing spe- vestry-room door, and to shout out, in a loud tone of voice, Octoker s and it was very odd alma : they had not. been introduced intlcabeptairitiff' shill; if ther l .hati his client-would have hail cial,arkuments of no public importance. ... _ . NVe want some friends against the vestry-room door ;” or . • 7.,, DAVIS V. THE BANK OF ENGLAND.... '• words to that effect : that in consequence of ,this, such nitnahers 'the opportunity of answering t em:. , ;ie did not find that there wait Any :bill sent ins as stated:hi . hiss:Learned- Friend's, ~31s. Mr.' Sergeant LEars • rose - after the • special argumenta:Were pressed to the door, that the Rev. Mr. Rodber: could with difli- Haat. ,-i ~,.. . - , heard, and said - he . should not at that late hour of the day tre. - 014 make his was through them . • The fourth article pleaded, . , 17- ,• f V igrain an • reene make an affida ' Art - Ififtt" '''t 1 '' ' m ci - 0 - ` . ' - will . . kass for Many minutes upon the Court, in supporting the rule that .Mr.-Ilatchard hereupon caught the Rev. Gentleman by . . • • • • vii that "the' will'not look to the - plaintiff for the amount df tor a new trial in the case of :sir. Horatio Davis against the the, gown, and said to hini, pointing to the body of the people their:demand; it' will relieve the case of so much.". • ' . Bank - of England. His iiiain 'argument was thita-thatahe proof now assembled in the church, " Here is Mr. Saunders, ready -:tirs I . l.E.amaaaid, he would not advise them to take such a of a payment hy .1. H. Davis to his brother, the plaintiff; of to do his duty ; why won't you let him 3ireach ?:' That' Mr. key. • - ' . ' ......,- -- . , • - the sum of Laol. on the 11th of January, the day before the di- Rodger was praceeding, towards the pulpit, having.disengaged vidends becanie due, powerfully influenced the'Jury in conclud- his gown when 'Mr. Hatehard . followed him, repeating the 11,:iie , LORD CUAKCEI.I.Oa—" , This matter cnmes before' me •ing. that at that period the plaintiff was acquainted with the for- words "'Shame, shame!". and that he -added ' , " For shame, oleic itaptio .... n.an, a dissalre an • injunction which restrains a ship. framaaaing :to . the Faist., Indiett. ; Where all the _parties. are gery coniinitnad by his brother, and in finding their verdict ac- Mr. Rodbee; Mr. Saunders was regularly elected • why not liable'tit the repairs .0f a ShipVthe Court oiight to be cautions ni cordingly. It was now, he contended, clear that the- money so let him preach ?" The fifth article set forth Mr. Hatc'hard's re . grar‘ting' an iaautiction_-itesuch a case ;..bUt onain-ex-parte slate- Paid', and the fact of which at the trial altogether took the plain_ sidence within the peculiar and exempt jurisdiction of the Dean meet, Ida.not, knuw how the Court could . refuse .to grant it tiff by surprise, leria on it 'family 'housekeeping account. if such and Chapter of ths.Collegiate Church of St. Peter, Westmin uritil' it bad Neard tfie other side. ;There were two- grousali an explanation , could have at the time been given on the trial, ster. The two final articles were in the usual techinical form. arit,al,.:iiiiiich made an iinpreasion on my mind that the Court - it might have Materially altered the view taken by the Jury of (Since the citation th s cause issued, the reverend party . had', Ausisda.iionsi ;.The ' Ili-t1 tart t of she: plaintiff represented, :die- cases' Under such: an altered aspect of so important a has . changed his name and style. We believe he is noww - the that devoting,thialshiti: to the say e, was devatinglier tO de- : f ac t, he subm i tted that justice to a party so peculiarly ag. Rcy..Vharles:Fynes Clinton , Docto r of Laws, and p rebendar y grim:ion,' froth her build ; liesstraming, and the water made by grieved ag.Waa the plaiatiff-,oaght to induce the l!ourt to grant of the collegiate church, ofiSt Peter aforesaid.)• To the abov.e, her. srt'appeari tti' me 'tire. Court of Admiralty did not. give a new trial': . , ~; , - articles, a responsive allegation was now brought in, on the'part rat4.llJaiatiffaii,flicierit intionnitatS its• they , would bob , grant in, : ''',Nlr.S'etkeant ONILOW . w4g about to fcAlow on the 'satire side, of 31r. Henry. II atchard,- -and , prayed to be admitted. It con ernnkty„ fat_the rent= of,* ship if, steawortity, and. against . wile n4- • ' ' .. •. ' aisted of three articles, and was in substance to this effect :--That antettlit tivslol, s h i n tliiit *tufo . Was represented' to he the latter, ' - Lord ChiefJostice Dattas interposed, and said, that every in the autumn of the'year 11120, the afternoon parochial and un- Itotn haraigeSSYritilaing; ke:! - It lithlearano*.from the affidavits think w'hich'itplaeated to have been done in this case on the pa t t ,etidowed , lectureship of - St.. Margaret INVestrninster, becoming' . pn.iliceslapti , Mae past, of - the; deknaltintts that. the ship is sea- of, thei flank and= theli - , advisers 'seemed' to the Court' to have vacant, a vestry Wastheld for the purpose of electing a clergy wartfly,an4 tit she could not he prevented from sailinl. 4, fully accorded with their -.dutya. and ;with . propriety.' ()n the man to fill that ofilce, and that several candidates havingofferecl, tie, date Atideekidgtid dwelt. 'on by .att.,kliert,i I . do not i tusk it other hand, the situation of the unfortunate Gentleman who was a poll or ballot waft taken by the Church-wardens, on the 6th, sufficient to give time Court juniiiiitiori• -* ichen' , a person be- plaitnifeih this Cause was indeed of' the most distressing nature, ith, anti Bth of Dec. 1820'; by the result of which it appeared conies a partner, in, a• alii3 ci -he,renderatairrisell liable, all her •'and' must•inake its way Itanesto the feelings Of, every man that the Rev. Isaac Saunders, Rector of the parish of St. Ann, expericeitaand.itis /well nown Mutat& atnly security a partner who had a heart to feel for the calamities of hit species.. But Blackfriars, by a majprityrof more than 40 votes, was duly elects haa aipst the, ill-doings of felip .. rthars is an a ppli ca ti on standing as the Court did there, they were not to decide - C43 lecturer; that during the said election a dout was suggested toith 'emelt eif•A dinirsity; and tine 'so f q-Wiil not sitsp in, to M- I upon' the iugfeestions of feeling, but - on the principles of whether or no the use of the pulpit in St. '3largaret's Church tetfs ,:u-A Shia 'can,. lie pat. into 4:any of the part. to ; ,and it- wax of great interest to the public seeurity, arid would be granted to the. lecturer by the Rev. Dr. Fynes, for the tiers; t, the party - disaenting Cs , the .repairs wi l ik . ,,p er _ to the rights of all the parties affected, that such a case as tins was ptirpoae of preaching the evening lecture on Sundays ; that . , ~. A . ' trpt . rive - 'hotiee ' to' ' .tne snipwright,S. that lie should have the calmest and most mature consideration. Thc considerable curiosity waihcreby excited among theparishioners; *re flial'a ' , liable for theta:: laa- r e v g i ve ass ac „_ p s i t., ease,' both in its principlearidcircumatances, appeared-to him on that On the ensuing•StindaY (the day predicated throughout the rratie haiiet,. hitt that wilt not protect him against the demand of 'the trial to be alcogather,neWl and -appearing senile felt it hat proceedinga, being the 10th of December, 1820) an unusual 'tlic . Shittwfight. The' sailing - of the'shipcanno the arrested by ,duty at the time to communicate his impression to the jury. It number of them collected at the afternoon service, at St. Mar -114 Cdnrt'of Chtiheeiy; aftefalie. is gait; a,tlitiertyty the Court was now admitted, that as the evidence stood upon the trial;'nO -garetls,in order to observe whether the use of the pulpit would cf Admitalay. In this marl tike Ceilinfry,:the'CialaitY. in rush fault whatever could have been found with the verdict of the jury. be • granted; that 'among others, the siad .• Henry . Hatchard chi t + 'e•A U z i! s pbud ti q igot;cro, t bo .o ,l o .fi fete R 6, ws s sme An application was now, however, made fur a new trial, upon wcrit thither, and arrived towards . the conclusion of . the . ttr viAn‘bieforA ilk cjittit ptiefilektaf 6 pt6' ,ittle".' : i .. ;q- i ~ano. create the ground that the plaintiff was entirely taken. by surprise 'Prayers; . that having learned that the said liaae Saunders, •iirflinify which ticver 'can' ha aeleeriip. l ,•'`Filis ,sl?,ia Was.fitted upon the statement of a particular fact in evidence—namely, 'clerk, Walt 'in the veatrY,' he went to inquire if he would be eilitior an Etst-Irilia Voyage 'ex . pre's . c ."ily; an 3, the cue_ ex- the payment on :it particular day of a sum of 1501. to him by allowed to hero each ; and being answered by that bead] in the taressly soaghtout fur tlyisaiirie.:Uaa,' in ch:. cue_ if the his brother. .II a (the Lord• Chief Justice) at the time inquired negatiSe, ent into church, When one of thees, _coming ' Plaitilffitbad an y a to y ?ave' coin..! here earlier 'and 'whether the ill" of lli , covery filed by the Bank made:any alla- up, told him he had orders to clear the vestry, anti accordingly. laa*llll-k1 hisliilf.' 6rretsiF Alr"ti melt In :hi:s 'affidavit stated, sion to this patticular payment, and had been very properly fn. proceeded so to do ; that the said Ifatchard remained in the aisle that hcehial, lar*difid ray thtiirtOtitit of the - shipwright's bill ; - fonned'in reply, that it could. not containsany - sueli allusion, of theelturch !anti! the beadle returned front the vestry, when he I am• therefore of opioton s the iajunction canna:Ve sustained, for the fact lied not been ascertained by the Bank until three asked it 01 where ltlr. 'Saunders was gone ? that understanding fti-it - ii'tin ktteitirtria derfiantli - oPseetfit an equity' beyond that Jaya beforethetritil: -It was Material to towed shortly uPon he was in the church-yard, the said 11. liatchard went there, Of the Cup-c of A4rnirahy." - , the must iniPoitant.:*iiiVlef she trial. .It -Was 'stated in evi- and found a friend in conversation *WI him ; that that friend • hate afgassoassiv ,_-, ...' •' s'.- •vs , ' •• ' ' • ' dence, • that Oil thesl:of January the plaintiff , received at- the suggested, as matter of couttesy, that it would be proper to give :e1,:: llaitasilid; hassever then pitilati eff,the Court was against Bank the amatla,Ana 0f...`401. as a. dividend upon some.long an- formal notice that Mr. Saunders was in attendance to the . ReVs hitii-il thii i drice,“tirliich be aidhOt 'COmplain' of, he would nuitieS ; that altholigh at the same Monierit a much larger divi. Mr- Itbdber, the Curateofficiating on that day for Dr. Clin grv3poitie a a itiOtitrir thatit might be referred to the Master, L dead was duet° }cod upon his 10,0001..1.1 per-cent. annuities ton ; that ;Mi. Hatcbard Went •to , make , such .communi. 'f7 ate an a . e!,,br z flanliabilitlEafof the plaintiff for the ship, (supposing he,4eas ignowit of ;their transfq), be had,nevef - ap a etstioOf . and in order to avoid the ernmd in. the church- Mkt h 6 iiiiglit bwitireil fraiti,;t them. '', . plied for it, and:that thoughit was clear he had knowledge of the porch, passed - round on thee 'eastern end' .or the'' church, , . - - fl.r. gaskt.ti •• er' s ... .liniats'‘‘r la. Learned - • Friend thought rgery on the ttiare• Starch yet that' he neVef ionimlnicated and • .entered the church : by the' , north toot-, leading- to the irreptif tif flare etliTotion, his clients ''iatild• he prepared, to' that knowledge . ton& Bank instal theysrefuted -payment of the ' 1 '440a-room i, th at as he ,was crossing the church towards said meet it. ~... , . .' • dividend lie, appliedfar in theetnopth of -,Scipt. following-, llis door, he met Mr. Rodher... coining . out therefrom ,on his- way 'The Lbw:'o4le Ci Li... 0 r„--:-." The parties are very' reiPect- conduit 16' withliolding that mrormation,from the Bank; from . towards the" pulpit Stairs ; that the tiaid H. Hatch:id - then went alslikeradetnen;iidt - if the ',ii fu ia paid, I think the best ad- , March toS6pt. waircertainijnlA correct; bitt'ivbirtihe whUk cit'. uP to Mr. Ittalbera and said to him in a loiv . tone of tiOiCe; , itad vil.4 that Can be given thetas' „ia Side''tci have any other motion' comstanceit af hisaltuation.wereaknOwn,:thertiwas-sornithingaa a mild and, :telpeetfut,,mannera," , Mr. Rodger, Sir,theßea. until the tettirn ;of the ship . finO l heY, voyage. :At the same Peculiar ir?,#. Rs tOJegrair!tuee4sse.rver bolas epu f luEnting upon it isitaeSaamicrs Is here to perform the duty to which ,he lia.s ' thirp; Mr. Halt: ally motion 'ton ipay think, proper to advise to: •with a too rigid tkchlinesa :;hilaitinition wait Moat unfortunate, been elected ;''' but that ill.. Itodberitaking no notice of hem, ,be tnide, be tisfnted'l'arilfhtilir rt•withont taking ihto Ina , coil- and it',waa not foaudges'sittitag, in a totirt OF,jititieithaffeet,fike passed-away iti - anaappeisite dir&ction,'.and did, nbt again': enter aideration what ,has. passed on . the . present, application." , - ' ; hypoct:itea, sentiinentit abstracttelly,inthat Csoult4 which, nut of the church during . the- said afternoon ; that at this time - the . ..tr. HE - Zit : D-4 r - 11.,....x . : tibiae . to;' would' be, that they. it, their feelingsots,nien,,would proscribe. It was • indeed,.a vio.. chancel was Crowded', so that it was difficult to pass through the, shiiiildallaijetiff Nthesrififdetlie. .a.4t be .'-: - latiorr of the law 'filt ti party knotting a fraud', ruitaiithinrcaSen. same ; and that on Mr. Rodber's parting away from Mr.- 1-1: Hat ' °Atte •Ti . ftti ?..tilat6tiA.Ott—."lt:virOhld • be het for thern to' able time to disclose it to the party who was to suffor by its thareti,several of . - the bystanders cried out "-Shame; sharne,"and go in the ship to the 14','Sist . IndieS than' ta ekiuie, into tae Court' per-Peteatiott ; .hut ,4tey,-were.,hcre-tapplyitig this , . estAtfilde) to hissed, .she heiNx.. liatchard, did , not interrapt or, aimoy..Siar. Ai c:l44cFit,iv..pneanc l2 ' .- -•- , • --- - - • ' call upon a 'roan to niake it diseloaure which roust Inintedi- Itodbet; ais that ,h . e.;,did.i.not " cry, c shanie," . nOf obaerve that , -, - ' -, • •atery leacrtirhis• •Own-lithillet'i' trial, -afulT6i4siblsr to his '64. thErViaht . gime fliends!at -tfie vesti.k-dedr:;• btieftnniediateli. Tar . jefeaßse•e s. 4 si.a gat V. •T tsF K. past its, - .c 0.11 PAK I I • aietion 'and, the indiction of, atiignotniniouts dead. : and. that, uPotP - Al 800 'li • '' friarn'hina heleft the church „ ..... r, • _ ex; paristng . , he ; lift • ~.. a c gfin cit,earcEea.oltdellyereel out the minutes of his too must be done not 'in the MSC fft Wirt V4lO viaa to be eDr. Pent.' I monk in okeettng to this defensive alleation., Ilicife = ifitliikaiese,' aciorditte ''tee the jridginent li.ProlieitifieCal • 1 ' ' ''.' - - '° ' :41 -- • 40' at' • ' ii, ' A ~A . A ' ~ ' l' . a ll .'' it ' • - I' ' pre= ruined by the concealment ora fact :but a • krPoratio contemns.. that'w.iere an .'' egationcoul - not - iivai:th [cep atestriday.4 s• -..: la '...1 .• , is, s. '.' !- ;-2 - . -, , ., i , , • on whom the 'lois by - that cOncealinefil'intlit ee&thatartitiite# guess of' the caul ', it Could hetsbe admitted in a'prinVarlte atage Tn 4 fr ! RoaatXx.aapecEitax. y, ,Titz, coorEKS , CaritTANY. trifling 4 _He knew that this diiti,nqd(o7didr.ngt- 04;ce , Ote 4 1 1, °fits Oneof the charges' against Mr. Ilatchard was, afiat on .. Mr ; IIIA.1 ( said, thif 'pg , Lordship on the day- he gave his and that the . Bank 'were justly 'entitled to all that. protection the 19th December, 11320, he•hitel committed an' ofrenco,aaainst snd griterit , iii WAY tasi:menttoried that he' wanld- on the folfavi- in their'. 'corporate - capacity, - whidi 'in .11iS' prifite capaeity any the canon and'ittatutelaw. The' - ffrit article of this rc'tp gnalve trig, day .sattlaifitoir,;the costa: were to. be paid; the Loopera individual could. Claim; • bat' itilrthe ,- Way, ha ::WhithiordinAiy plea was wholly irrelevant,: particularly that part which relates' Corel - Bag Nacre Anxious that that point should be settle& .. , , • . individttalt looked upon suth-tircumstaneesaorht not- to _be to the polling•for, and election of, Mr. Saunders ; for not one ,'i... - if tstfianiiid his clients' the relators had no wish 't? press , -• '• ' • ' • ' " .1. „ , - overlooked in the consideration of the lainti a eOnduCt.— syllable of that had any bearing upon the-sibjectat issue • and that the dvntoorty-ohould pay costs. , •,.•, , - - , ' '.-, \a'' -- '• -' • dwelt -• a • `-' -' ' • - • • • • - - • tiers , . Now , tii fact already so much - - Wow, ott the ?lint. its only effect - must be' nterelP to ralce up thetn of this eon , aThEtrint ta#).NSELLOIL-,-‘‘,-,I .Will look at -the. case s :mai 4. iir r -,having-..reeiveci his small ~ :.diaideindr•via lbw 12th, :lif teatedeleetion. - On thesct g indi lie shoUld certainly . oppose eesaar4a at p. nt s thpf,nicsht, and if,l.. 40 riot mention the stalfat ,January, . n iftar demarielint the first article he should oppose- upo uary, s , tit the Bank, and refrainuag,the ~,, is ~ ~ ~.,. • . The second article . . .., . a te-tuttitittriblitt'et it be baterstood find all the patties are'toff 1 . Ha el l his larger one • 'coupled With ' the ;Get saved on the 'trig different grounds. Breaches of decarum Were-there aetnally titer costs out of the charity estates." i.a •••, :.,i,....! I. .- • : ! -.,5 . ,.. i that -, • h ' day 1' h lied received' f his brother hd — t - .1 . t 1 .trrat on t e'••Very bc ore e ram mt te-; , so .ar a Mats ~,......g a sly at t e,••t e actia_. :;' ,- - - ,- - ' , rrsum equal to the amount of the, largdt ilivithild t ahe prootaof witted, by-it were notpoly.intlecOrotta, but contrary itolthe enact,. - . . POUR.T OF KING'S ,W.,iG.kf,, Noir. ,24i :ow : such a fact was well calculated. to. mace, and it.did Make, Leila 'rectits of the, eccleaiiistsca,l ipq, : By a reference. to the lea(- ' LIBEL: : ' on his mind and on that'of the Jury' a very PolVerfoi impret. carichilt - Wotad bb 'seen tilt i , iolations dr' thelaw . eSuld not be 4 .-" Mi. Seijeint 1 1 1 i Piafedsudgmilitliti l isiae ibiatc; tried be- sion against the plaintiff. s Arty ad lief 4he hitter'. which raised possibly accepted in mitigation of an offenceag _ainst it.' .- .- Noiv fore Mr. Baton Urabane, at Eirater,': , on; an indictment. for a an inference -. that, he k :ler ',on.- tin 32th.of Jattonr,. Yi .wliCn ate was s it any - iluitigatim4 2 alscepfleitce here,c4avgot that the ob libd on Mr l chaalli . ;•;tarms.ti, pablished itt " s Trewrinsn'a F 4- went. for his dividend tq the Retell. that his_ PTottlel. }l-1 14. 0 9T. 1 1r serVations . were salts tq brave; en made in a low tone of Voice a ir.g gni t," and iibio in 'the " Alfred,.iiiWest of i!nglana Ad- mitred the forgery, wasi!ertainly ealittilased to' 'shake hia•Cladn ThaY'atill '- otitially 'amounted to an Ofitnieligainitdecortim, retainer." '. The tliirylfdsind Cie dgefidant 'Ohl*. '' - '' . upon the-Bonk-to its centre, and: vitiate.thelithole or his - coa. against the canons, and . against die. ties. ,11 therefore 'ohs , Aire Justice H or. it Cilfaa , read athearn inteetti of, .th e Learned i duct in the caae r ; It-avasssaid that the-vlainkiff indlsitsaiptbcfs, jes t e # 4 ,, the achnissiore of thkif fleff,nsive'.alle.ptti(4l. sludge, takYl. l .4t-tile,trii ‘•4 • - ,1 :? •-_ sr,i - Lady., Davis, were In thevicinityOf the Coast at the tint. all} ' Dr."l,u suilio row fOPOWid 'On- the Vamp side. The "fist The lib'et eatnplaine o stated, this - I is:a:thee' Wf 'Most had been no doubt informed - or the'fiset zo! the 1801. being ailven ;title( eeviAently telated 'tti.4*iiiii`a6tee , &iit to 'the date•of the brutal cruelty' had :bean?: Witness tal - at! iSidtraid th. "'A young in evidence 4 . - - andithat they ought hoe tireirthe - exVabittiOn charge; The questiort of; MriSauntiorelt right, to the, pulpit con man, studienta of the Alditares Coll'a-ge at andharait, after riding : pow. corktailled in their atlicivita i aktlitit trial. SowitehogY , stoight ought to have fren,..ruid,,inightthave been, Ira dial ; r c ntiy. con kis horati . qn ;tic mace], ordered hilgLoppi), 40 lake . hiin to.the indeed haie . kobe u-. 1 krii i ,rmia therfi.of that ..faet, but it was tested. The tiotLee'Platectby Ns:. Hatchartrought not tb haYe dung-y - saat 'at 'the -Voile /Ike": Tile grochtson fonnd ' .eettiallY; ; Possihfe:i'stsrifig tO tire ilfliieted:tititeln which Were beers;postpontkil to thiVines if ;Ovine -service; , atid vialt-tnie it . 'wits 'I: • ''frttentinn".'th shoot We The libel 'went on to• instithe time, that no notiedavar Takes? ofillP T* l4 r 4 tt Me triq - wiiic.i.ehatateageniutaiolagirt taatAtt haNe'tokenattaan himself‘the state chit ss .ili4:afterwards -shops 'Abe animal, with. a sena/1 mant. -A most iniperrtiint,lxplfatil 1 , s . n ortw a gn tespep tin,. Oilice i stf deliaelizta.,t, Ic, was ,true,,itylm( l ?).,ciat the intoner of pistol :-. - ' cvs, but the shot MA proXIII,V mortal, the the 1 5 0 1. - - vell'el.'eertainly, if ads' shell e;'tvbult in . iill delivery mrglit bearcepted'itimitlgAien ;.' but Only in so far as horse r:in ;Tl. )it the yard dasliing itta.4Fe.gali - iat! the' wall,. the probaliililifhaVe- gee 'AL* e l r a eilh)err: dirt - f coitipleilion a triikrnianuer WatildalstiaYS-I**reltarafsabletlian a Water . plant' , tairicari-ial. having fi:st fired '.'it setoral is inal at the crea- in ~the,i:nraista 0(4110 Jury tArOla Ipac - ft b icb , r .rec,civod ntaLOnns •-- - ••• , , i , a , 4 :4 a' r ., 1 . •' - •. • .''really i loss to uriag • t I r tirt!'s liCa4Ssst:4atsait he rushed by hint. . The animal was with in the ahaence of Wilt explanation. e tom e aut , s4vlta Dr. JENNER, was -a a tS ant the value o, • ' " difficulty caught again and kept while the younger brother was dispatched to cast fret_ but *sons attracted to the place by the reports of the fire-arms, sent for a proper person to put the poor creature Qiitt;ofi . tt Misery, and at the same time loaded the " young wreielii" iiith reproaches. From the evi dence addqced jonok trial, it appeared Ithat• this was a most exaggerated account of a transaction which had taken place.—' The horse behiiiged . to Colonel Hunter ; but being diseased and unwilling (as ittras a greatfavourite,both with him and his son) that it should driu out a miserable existence as a hack, resolved to shoot it, which was accordingly dotie. The libel in question .„ professed to give a true account Of the transaction. Mr. ADAMS, for the defendant, now submitted to the Court, that the Learned Judge at the trial had admitted evidence which ought to have been rejected. He detailed the particular evidence, the admission 'of which he complained of. The COURT decided that the evidence was pmperly received. The defendant put in a long affidavit, which was read by the officer of the Court. It denied that the defendant was actuated by malignant motivestowards the prosecutor, and that he-at the time of publication believed in the truth of the facts stated. The Curer .JUSTICE suggested whether the . parties might not . go betore the Mister. Mr. Serjeant PELL agreed, on the part of the prosecutor, to accede to the suggestion of the Court. Mr. ADAMS, for the defendant, declined to go before the Master, as his client was not in a state to pay heavy costa. He then addressed the Court in mitigation of punishment, and ex. pressedbis 'surprise that it- should have been thought necessary to bring his client up for judgment, as. Mr. Serjeant Pell had at the trial and now declared, that the object of the prosecu tion was to wipe-off- any imputation of cruelty which might be imagined to rest on the character of Mr. Chas. lluntifr.— That had sufficiently -been 41one, by the verdict of the 4ury._ It would be seen by the affidavits 'of the defendant, that he first became acquainted: with the circumstance relitife- to 'the death of the horse in ; big profeasional character of an: attorney, having been cons tilled by a Miss Wright and Mr. Barrow, of Sidmoutla -aa ivliether it might not be a 'proper sub ject for a criminal ! prosecution.. He bad in cotiseqUentit exa mined some personl who were. present at the„aceee, who ex pressed themselves - ready' to Make oath to, the' troth of their statements. On aTeansideration of the he' . ease • advised the parties that a crimmay.proceeding , would not . That -surely did not exhibit iiny malegnant intention-towards the prosecutor. He was. afterwards consulted upon publishing the facts; which he acceded to, and had; from motives of htunanity,to theebrute creation, caused the publication in question, which, it would be observed, concealed the name 'of the party. -On the whole; he was persuaded their. .Lordehips would not think this-was acase of-any ntalignity, or deserving severity of punishment: Mr. ERSKINE and Mr. Jr: rite at e - followed on the sattee Aide. Mr. Serjeant PELL admitted the respectable character of the defendant. Ile had been imposed upon 'by the misrepresenta tions of a discarded- servant .(Thew,`the groom).. He was sorry that neither immediately after the trial, nor at at any time since, had the defendant said any thing to induce Col. Hunter not to call for judgment. The prosecution originally was absolutely necessary, for the characters of Col- Hunterand his family were at stake. The legal proceedings took place at the instance of almost the highest authority in the kingdom,, and at that trial every material fact which could lead to the idea of cruelty in Mr. Charles Hunter was negatived, and his character for hu manity left clear from stain. lie (Mr. Serjeant Pell) now cal led for such a sentence as the. Court might think proper to im pose on him, standing as he did in the situation of a person who had been left in the lurch by those who had first put him in motion. . Mr. Justice Baie. - EY, after reviewing the whole of the cir cumstances, observed, that the conduct of the defendanthad been unearded and hasty, although it appeared that he was him self at the time persuaded of the truth of those circumstances, which the subsequent inquiries had prayed to be entirely false. The sentence of the Court was, that he pay a tine of AIL— of Mr. Horatio Davis, of Lady Davis, and the butler, 1 it was now sworn that the 1501. alluded to was paid .by J. 11. Davis as his share of the joint housekeeping account, and that the plaintiff and his mother did at the time:make co-equal payments in settlihg their housekeeping accounts.— lt was most material-' then after such a state ment, . to enable the plaintiff to have the'bentitof this explanation. At the new trial the same opportunity-would be afforded of putting the argument,of the concealment from °March to Sept ember, so that the justice of the case could not suff er. by a cceding to ,tbe rule now applied for. 'The Court, therefore, having a most anxious wish that the whole question should receive a tliorough consideration, granted the rulefor a new trial. There w as no doubt, the -Lord Chief Justice added, that, Bank. and the'publie - would. be duly considered at t he new trial. The other Judges concurred with the Lgthrde Chief i nterests without delivering their-opinion', argumentatively.—gule fox a i j u o g ft c h e e , newtrial made absolute. , • . . , . :. -.~- CONSISTORY COURT,_tiov. 23. THE OFFICE OF TIM JODO - E PROMOTED BY WOLASTON V. THE REV. DR. CLARIcE• Mr Lovr.l - 4y, Prot-tor, applied to the Court, praying that the Rev. Defendant, who is Vicar of Great Walton, in Essex, might be ptonounced in-contempt, for not giving in an appear ance to u monition issued against him out of this Court during last term. • orirsts oN 'desired, the . matter might be postponed, until it shouts be certified that notice had been served prior to next 'Court day i'-eipeCiallY, as this proceeding contained Inatters of a grave nature." The Prim:Tort replied, thatnotice had been given to the de feridant; that the present application would be made this day. .'The Court' gave pandas= to renew the application on the next Court day. • The Court disposed of several motions of minor importance, and Tom at half-past ten. • • .;Mr. Parr criAnD, the PrOctor, not being prepared with his allegation in a cause, Cox v. Cox, the proceedings stand over till next Court. - . , WT4LE COURT OF TILE DEAN AND CHAPTIIR.OF • • • :WESTMINSTER, Nov. 22, .TEE OFFICE OF THE JUDGE PROMOTED BY CLITI:IN '..'(RETIETOFORE FTNES) AGAINST HATCIIARD. In this case seven articles were exhibited against Mr. Henry lhtchard, of the parish of St. Margaret, Westminster, in a suit ".touching his soul's health, and the lawful correction and re formation of his manners and excesses ; and more especially for.quarrelling, chiding, and brawling by rords in the parish church of St. Margaret, Westminster; also, irreverent Amitimproper conduct and behaviour during Divine service." The first of these articles set forth, that Mr. ilatehard, by such conduct,• had become liable to ecclesiastical censures, and to the operations of the.various statutes and canon laws in such cases provided: the second, that by the act sth and 6th of Edward I. it was enacted as follows—" That if any person whatever shall at any time after the first day of May next coming, by words only, quarrel, chide, or brawl in any church or churc h-yard, that then it shall be lawful for the ordinary of the place where the same offences shall be doneand proved by two lawful witnesses, to suspend any person so offending—that is to say, if he be a layman,, ab ingressu Ecclesix, and if he be a clerk, from the ministration of his office for so long time as the said ordinary shall by his discretion think meet and convenient, accord ing to the fault." The third article pleaded - that the said Il."Hatchard, on the afternoon of Spnday, the 10th of Dec. 1820, did behave during the time of the celebration of Divine Service in an irreverent and disorderly manner ; and annoy and interrupt the Rev: W. J. Rather, clerk, assistant curate Of the same parish, as he was passing front the vestry-room of the said church to the pulpit, and endeavour to prevent him his Learned Friend's libjections to , the alleetions—now,prO- ' pounded. The tiestaftlek was 41Re of tiecesiity,"-ita introduttory of . the facts out of which-aroise- the subject matter of the whole of this proceeding. He eonqnded .that the second article was , also admissible, though containing a view of those tacts on the artorMr. Htitcliard whithinightnOt bestrietlfeorrect in itself. It would have been better, undoubtedly, if Mr. Rodber had firevicnislf ififiiitiloWthat Saunders'would be ready. Negative lira* might not avail against positive proof of the mart'ers set forth la the original articles ; but he submitted that .theilicts pleaded in this responsive allegation did admit of a ne gative proof. If the articles had laid an aggravated charge, not fully substantiated by the facts alleged, the Court would feel less difficulty with respect to the question of costs. Dr. -DODSON was heard on the same behalf. The Learned Judge (Dr. Mau RICE SWAB!) having recapi ulated the particulars of the articles, and of the allegation now offered, said the present question was, as to the adonis- SibilifY of that allegation. To the charges which had been pro pounded, a general negative issue was now given, and this was therefore an exculpatory allegation. The first article waadevoted to thedetail ofanteee.dent• facts, which were cer tainly set forth with a degree of diffuseness and irrelevancy whiCh required. the article to be reformed ; and the Court di rected accordingly. On . the-second article he would remark, that if it teas the case of a lectureship, in which the right of the pulpit-was. contended for,.the consent of the Ordinary would have been necessary ; but Mr. Hatchard had alleged that his- object : was to satisfy his curiosity... What better autho rity could he have had for a fact which might have satis fied that curiosity than Mr. Saunders's own answer to him, that he had not yet obtained permission to preach in the pulpit of the church of St," Margaret If Mr. Hatchard Could have per suaded himself that the circumstance of dr. Saunders's being in attendance might be unknown to Mr. Rodber, the same dif ficulty in accepting this as an extenuation of his conduct would still subsist. If he really persuaded himself that his address to Mr. Rodber was, according to his own allegation, a tnea sure either fit or roper, the law could not agree with him in holding that opinion. It was to be retollected, that at the time charged the church was full of people ; and .that several of them cried out "- shame ;" and that a great - ttimult prevailed. Mr. Hatchard obtained no answer from Mr. Rodber; and this was, on Mr. Roclber's part, a conduct whist' the Court could not praise'. too much; The tumult in. question had its . be ginning, progress, and end ; all sustained' by similar cir cumstances ; ' and "undoubtedly, a • scene' more disgraceful could not have taken place. That Mr. Hatchard . had in no wayinterrupted Mr. Rodber in the performance - of 'divine service, the Court could not agree. Still this allegation was re sponsive ; and if it could be thought that its contents could, in one shadow, affect the. colour of the charge, or . that this .plea couldin any wise soften the offence, he would be most reluctant to deprive the party of such _benefit. • • • The Court, therefore, would admit-the allegation ; directing only the first article to be reformed.—(Tisi es.) BOARD OF EXCISE. Yesterday, Thomas Salter appeared Upon an information charging him with having Worked a private still, without hav:. ing given notice to the Excise, &c., whereby he had incurred penalties to the amount of 41101. William East, an Excise officer, stated, that on the 13th of July last he went to the house, No. 2, in Queen's Head-court, in the parish , of. St. James's. Ile found the defendant in the shop at work at his business, as a last-maker. On searching the house the witness found in the cellar a complete forty gal lon still, with full apparatus. In the course of his search the witness found a bottle of caw spirits in a cupboard in the de fendant's room. The defendant said, that an Irishman, who called himself 31‘Lane, and who had represented himself as a seowerer, had taken the cellar at a rent of 2s. a week, and erected a copper and other apparatus, as it was conceived; for the exercise of his business as a seowerer. The Irishman, however, had said, soon after he had been in the house, that there was nothing to be done in the seowering business, anti that he should try his hand at brewing spruce and ginger-beer. For this purpose he now and then gave the defendant a job to fetch treacle from the neighbouring shops, but never permitted him to go into the cel lar. As there was a .separate passage to it, any thing of the nature of the business discovered might becarried on without the knowledge of the defendant, who protested that he had no idea that any thing improper was carried on until the seizure was made. The Uciuivi asked' the defendant whether the bottle found in his cupboard contained scouring fluid ? The defendant declared that he had not the slightest know ledge how it came there, but surmised, that as his wife was in disposed, she had been accoinimodated with a bottle as a cordial. • A witness proved the letting of the cellar to the man who called himself I`Lane. ' The Coi;IIT, under the circumstances, acquitted the defend. ant, whom they 'cautionedto be more inquisitive fOr the future as to the business carried on by his tenants. The apparatus Anil : , ,00ds were condemned. ' 'Numerous` cases of a sithilar description to 'the above have .occurred recently. Fellows; mostly Irishmen, take cellars fro'... poor andignorant people, under the pretence of wanting their. to carry on the dying and scouring hilliness. They then erect stills, which they 'work at a furious rate until discovered by the Excise, by whom the occupiers, are proceeded against in the event of the escapeof the lodgers.' • AFFECTING CIIICUM:FEANCE.—On the afternoon of Saturday, the 10th inst. a genteel looking young man called at an inn in Lockerbie, and after siguifying his intention of remaining all: night, went out for the purpose of visiting the barber, but did not return. About six-o'clock of the same night a man was found in a ditch near Broomhouses, who had evidently attempt ed to destroy himself, and who proved to be the same unfortunate individual. Baying tied his bankerchiefs together,' and looped one , end round ' his nedk; he mounted a dyke, and fastened the other 'to the branch-of a tree which grew - 1)y the side, of the road, and in this way had well nigh -accomplished his purpose. Fortu 'nately, however, the handkerchiefs gave way; and in a short time the unhappy man , was found by some persons who .happened to be passing near the 'spot:- 'At thii time he was . quite speechless; but after:6'll4d be-en-carried into Broomhouses, acid a surgeoh'sent- for, he - revived a little, and as soon as he was able to speak, he seemed to re gret- thitt. hiS -deliverers - 'had not -put him out of pain." - By-tin&by,'hoWever, he becathe more composed, and to the inquiries of personS from When) he 'received every- possible attention,hestat ed that he had been a tradesthan in London ,but iitiinet withan uccidetitivllich prevented him from working for fourteen months, his affairs had be etithe so embarrassed t' tlialle was forced to -leave Ethidini. Doting his lOtigillness.he 'had pawned otgliold• almost every artiefeorhiaclothes or tools, ititt at Mit seVOut for Edinburgh, very slenderly fiernished4itlltneauS:ibtit buoyed up with the hope' that be able to work his way to the Scottish metropolis. But- during the wole jour fiey::he..:had been unable to find employment: ansl s vt.henAlte arrived. in Lockerbie, he. sold a book-Jul:1021..10d. which he 'described as his last resountefenAfter, however leaving the barber's Itetifilskrotere&—with what feelings we need not state's Oat he had.. lost 9..5; 6d., of this sum, and being ashatnal to revisit his lodgings, and still more atharned: to bug,he wandered out inthe direes tion„oE) , Broomhonses, and, in a fit of despera tion, 'attempted , to perpetrate the rash . act v4Alich.. bad so providentially 'miscarried. We have :only to add that,- independently of some documents which -were found about his person, the .appearance of the unhappy man- was such us to confirm is the ,strongest manner, the ac count he. gave of himself, and the persons who bad an opportunity:.a: seeing him, seemed so vvell Satisfied that he was noimpostor, that they cheer:‘ fully, subscribed a sudicient sum for carrying him to .-Editiburgly, whither he has . gone.. to visit a friend, upon whose patronage he places great re ce.--(Dumfries Courier.) ''eee were sold last iceek in the Dublin mar. kit; tit 10d. Quill . and talkies, our informant bOtighi'lit it sovereign a score. • TO Til' EDiTibit or THE SUI 4. "Tr , . SIR—You are_ requested, to correct an,error which appeared in your Paper of 'Thursday i•etative to the case of the DEA:yr and CrIAPTER of WESTMINsTER v. 11ATCHARD; the defendant liaTcliAits) is not a Clergyman, but a Tradeatiai, living in St. Margaret's Parish.—Nov. 24, 1821. HEBDOMADARY. SM./DAY, NoveMber 25—Twenty-third Sunday after Trinity: Sun rises at 50 in. after 7 ; sets at 10 m. after 4.—Moog secs, 54 m. after 3: afternoon. ...Twilight lasts 2h. 3 in. , . MONDAY 28.-1 n 15 d. St. M. 4 r.—Sun rises 51 m. Ap r 7 • sets 9 m. after 4 .- Moon sets 38 m. after 4. - - • k TUESDAY 27,—Sun rises 52 m. after 7 ; sets 8 m. after4=-, Moon sets 41m. after & WEDNESDAY 20.--Mich. T. ends.—Sun rises 33 rn. afte.r.77 sets 7 in. after 4.—Moon seta 5 . 2 nt. after 6. THURSDAY 29.—Sun rises 34 tn. after 7. ; sets 6 ; lit, icitei:4;,iri. _ _ Main sets 8 tu. after 8. FRIDAY 4 Atulrew.—Stth tise4 aft.J l ,7 ; sets 5 m. after 4.—Moon sets 28 tn. after 9. , SATURDAY, liieeember I.—Sun rises 56 m. after 7 ; sets 4 4. after 4,—Moon sets 49 m. after JO—Twilight lasts 2 h. 2.tu. F STOCKS IV ELYE: O . CLOCK. Bank Long Aup. 19 9.l6thg India Stock Excheq. Bills, 3 pr. par Cons. for Account 18,fr N BRIDGE ..TO-MORROW; Evening, .37 ni.inutes after 2; PRICE 0: TUTS DAY AT Ty 3 per Cent. Red. 3 per Cent. Cons. S7tP per uent. 31 per Cent 874 4 per Cent OG 6 per Cent. Navy Ann.— 11011 HIGH WATER AT LONDO Morning. Ifi minutes after 2. THE 4 , STN. So1:114 QUIS DICERE FALSCi.if ? LONDON, S.4TURDAY, NOVEMBE.R '2l, 1821. The aspect of affairs in Ireland becomes more and more gloomy. Some indications . of bance have been manifested in the county of Dublin, and the adjacent districts, though these have not yet assumed a serious character. Let ters from Limerick confirm what we stated yes : - terday, as to the prevalent apprehension of a ge7 neral insurrection of the peasantry. It is with leartfeit grief that we observe that the outrages are rather augmenting, and that they are spread ing in the county of Cork, which has heretofore been remarkable for the good order and peace able disposition of its Reasantry. Our Readers are aware that Government have extended the provisions of the Peace Preserva tion Act to the Barony in which Fermoy ituated. This measure, however, appears to be insufficient, in the judgment of the Magis- rates of that district, for the restoration and maintenance of tranquillity ; and accordingly, at a Meeting of the Nobility, Magistrates, and Gentry, of the Baronies of Fermoy and .Con dons and Clongibbons, and the country adjacent held at Fermoy, on Saturday last (the -High Sheriff of the County of Corkin the Chair), it was unanimously, resolved, that a Petition be presented to Government, requesting, as the only efficient means of preserving dig peace of the County, that the provisions of the Insurrection Act, lately repealed, be immediaterg acted upon, the Peace Preservation Act havint: been found, in the opi►►ion of the Meeting, i►i every instance, except when assisted by the In surrection Act, to be insuff►cient. Should Go vernment comply with the requisition, (and con sidering the character and situations of the parties with whom the application originates, it is highly probable that the recommendation will be acted on,) the application of the Act to the County of Cork will be equivalent to declaring that part of Ireland in a state of open rebellion. The Fertnoy Meeting also resolved unact' mously, that it is expedient that the Magistrates should, individually, in their respective districts , call upon all farmers, and such other persons as are Well disposed, and administerihe Oath. of Allegiance to such of them as are willing to taiile it ;—that Special Constables be sworn in in,eacil district ;—that a subscription be entered intOy for the purpose of obtaining private infOrination.; —and that the high Sheriff, The Lord .rty.hl)or , the Hon. Richard Hare Thomas Wiiik'er' 4 , VIA . " was 'Montgomery, Willi am C. Co and ' t... 0 11 1' well, Esquires, be a Committee fßlCreceiving information, and for - carrying the Res . OlutiOnA, - • the Meeting into effect. The Cork Mercantile Chrontele„compAuitat-0 1 the inadeqUady'of the military 'ft;ree,lll-esm the number of disposable troops having been imprU -I,k! dently reduced, to perform the heaq :anti° which 'the condition of the disturbed•distrittstrig' quires. To supply this unfortunate defiabittli . much as possible, the Staffs of the NdittiS - 00;. 0 and City of Clark Regiments of Militia., ,consigt . ing of upwards of eight men. each, _ aretacb, formed into a corps of musketry, under `the , ;:* wand of the Adjutant, 'who is alSo to 10ofd * Gornmission of the Peace. ThSs valuable _ow , of experienced men is to be -emplOyed'irl es ,. 0 armed patrole in the distriCts' in *flitch the.Tl!!: , to be quartered. Every precaution is adopted by • Govettlhve l ' t and the Magistracy Which prudence'Cati`skig.,- fn Cork, the Mayor having receir,ed,itictulr s Lion that some cottutrymen corning - to'itewitivi liti , butter, bN4n iiri ordered 15y ihe'neighi)6lli.