The Sun. — London, England, 1822-12-11 00:00:00

0:•' 1 74' Vt i3l . 4 P I'4l . . . . f., .r ;/:,3 C f. l T ' . ."' 7. • • . . - • • • , , ),:•• = ? . „ • , . r - e . r.n 41 a7-3f . , :,- _2lt. ' I i t ) -7/ / NtilMßElt 9453 . WEDNESDAY, DECEMBER 11, 1822. PRICE -7-ROYAL•EXCHANGE ASSURANCE OFFICE, November, 1822. THE COURT of DIRgCTORS of the ROYAL EXCHANGE ASSURANCE do hereb y g ive 1,41,T et', that their TRANSFER BOOKS. will be shut, from Abe LIRSDAY, the 12th of December next, to UEsDAY, th of January folloWing, and that the ANNUAL GE k, RAL coNtt dppointed by their Charter. will be holden their Office, on WEDNESDAY, the 18 t h of December 11` e n, at Eleven o'Clock in the. Forenoon , and that a Divi delid will be considered of at the, said Court. SAMUEL FENNING, Jun. Secretary. s t * The Chair will be taken atTwelve o'Clock p recisel y . li at • B. Attendance is given, daily, at the said Offices, and 0 their Office in Pall Mall, for the Assurance of Buildings, ve r ( ls, Merchandize, and Ships, in Harbour, in - Dock, or th 'le Building, from Loss or Damage by Fire ; and also for e A ......._ssurance of, and gra nting Annuities o n, Lives, CAFE ROYAL, TAVERN; AND HOTEL, REGENT-STREET. N calling the atention of the Nobility and liee Gentry to this Establishment, JOHN CROSS, deems it a essary to state, that the CAFE ROYAL is not a House for t Ascribers only, as has been erroneously. siipposol. It is p l r r t o lilar to the most celebrated - Cafees in Paris, but im ci:ked principle, and combines all the domestic comforts of a tro-house with the advantages of a first-rate Tavern and % h. , ° l I- The Coffee-room is furnished in the most magnificent i t '' e of elegance, in the French taste, but with superior e n Vie Refreshments consist of Dejeunes it la fourchette , Tea , Zee, Soups; Ices,- Confectionary, and Dinners of every dc 'n dressed in the French or English style. C ham p a g ne exquisite flavour, sparkling and creaming , j ust im p orted °lll France, Rhenish, Claret, with all other approved Wines o f the finest quality, Liqueurs, Fruits, and every Foreign deli . 4e itthe whole with fixed Prices a la carte. *;„_ e main object of this Establishment is to combine comfort elegance, and whilst the Proprietor hopes that it will be rea place of Fashionable resort , for Foigners, he begt b „,l'e to assure his English Patrons that every attention shall be 4-4 (1 to their accommodation. • En lish and-Foreign Newspapers. oe J OHN CROSS begs to announce, that he is also Proprietor the Bedford Hotel, Leamington Spa, which is elegantly 4 ,1' commodiously arranged for the .recep . tion of Families. 110 '1 Gentlemen attending the Warwickshire and Lord An -044 Hunts, will find it a centrical situation, and may depend meeting with superior accommodation for their Horses at Bedford Mews and Hunting Stables, which, in point of Mort an d c o n venience for Hunters, will be found equal to """ Establishment in the Kingdom: I t ICHARDSON, dOODLUCK, and CO. 13,,,''i of res Dß pectf AWlN ully acquaint the Public that the FIFTH G will be NEXT 'ILTESDAY, 17th THIS MONTH, • And the Last Day the 23d. .. TUCH STATE OF THE WHEEL. 2 .... of £20.000 7 a .. lO,OOO 15 , ................ 5,000 15 ' ................ 2,000 47 . &C. tice, &c. , r ,_ . ~ ,!t 2 N./., Ts and SVIARES, Warranted Undrawn, continue p w ' ,.. 'ale by RICHARDrN. GOODLUCK, and Co. at their 1. 4 ", e, go. Ib4, 'Corner of BANK BUILDINGS, CORN <4_I,I, " Let those buy now - who never bought before, l" And those who always bought, now buy the more." ir ••llE,above lines were never ,so well applied to any Lottery as the present, and particularly at this ri'lod, Whe n F our D ays o r D raw i ng are over , and only h w pty-nine Capitals drawn, leaving tho. immense number of Isz,ETY.ONE CAPITALS; to be brawn in Two Days, viz. iyi,l , T TUESDAY, 17th Instant, and Monday following, 010 Every Ticket, Every Share, Every Capital , and Every t tr `. r Prize MUST BE DR.AWN, for on that 'Day the Lot ' 2 !nd Contract entirely finish. at li r L e ,, Warranted Undrawn Tickets and Shares are sellin g 'bH's Otlices, 4 4 4 . CORNHILL, and 9, CHARING-CROSS, London; '41, (113 }' his Agents in the Country ; where Five Capital have 4; 4 ,4 been Sold in Shares in the Present Lottery. * the following are the unprecedented List of Capitals '• "W in the'Wheel, and the whole are Money Prizes : • 2 of ... X 20,000 7 0f.... ;1,000 , 2 - 500 2 • 5,000 15 '3OO ' . 1 . . All of which must he rawn NEXT TUESDAY, (17th Instant), ......___ And Monday, the 23d. __ ____ TO MESSRS. BROWELL AND CO. London, Dec. 3, 1822. ti t ENTLEMEN, I have the pleasure to in k form yOu, that I have had in constant use for Twelve the btlts for the Brig THAIS, of London myself Master, in 1, Coasting and -Foreign Trade, to the Mediterranean, a C °t h e sail, Topsail, and Trysail, made of Scotch and Reading De - Va s, prepared by...you, and that there is not the least ap pajance of Mildew on any of them JOHN the Sails made of unprc evas, are considerably so. MILLS. On Saturday next will be published, In 4t0., price.2l. IQs., THE FIRST VOLUME of a HISTORY of the late WAR in SPAIN.and PORTUGAL. By ROBERT SOUTHEY, Esq. for John Murray, Albernißrle-street. yhis Day was published, . . In Three Volumes, Svo., price 3Rs. SECOND SERIES of CURIOSITIES' of tti n . LITERATURE, consisting of Researches in Literary, 1 0 ,,F!aphical, and Political History—of Critical and Philo "ical Inquiries—and of Secret History. By I. D'ISRAELI, Esq. A. Printetkfor John Murray, Albemarle-street. ofi the same tie will e published, the Seventh Edition First Series m . 5 vols. b post Bvo. price 355. DODSLEI"S ANNUAL REGISTER, 1821. This Day was published, pits,_ In One large Volume. Bvo. of 1,040 Pages, ttE ANNUAL REGISTER ; or, A View It o , of the History, Politics, and Literature of the Year 4, 1 1 4 °6 d0n: Printed for Baldwin, Cradock, and Joy; Otridge .Ig.ttackham ; J. Cuthell ; Longman, Hurst, and Co.; E. 41, tr Y and Son; Harding, Mayor, and Lepard; J. Bell; I t sr,ood, Neely, and Jones; G. and W, B. Whittaker ; T. ~ l R t r o slt to ; R. Saunders; W. Reynolds; and Sit - 111)16n and ** A few complete Sets of the ANNUAL REGISTER, the Year 1751 inclusive, may still be procured on ap \Vic,4,tion to any of the Publishers. A General Index to the kr, from its commencement to the year 1819, which corn tieses the whole of the Reign of the late King, is in forward tb4,„; awl an Index to each respective Volume is now given, lt,i—oenciiig with the year 1820, the first of the present which may be considered as a NEW SERIES. Just published, pr , By R. Ackermann, London, price 125., oRGEI' ME NOT ; or, Annual Pocket ti Chronicle, to serve as a Token of Friendship or Affec ellat th e a p proac hi ng S eason ; w i t h 13 hi g hly finished En cdt'gli by Agar ; containing interesting Tales and Poetry, a s r oniele of remarkable E ve nts, a G e nealogy of the lei:vi tt o vereigns and their Families, a List of the Ambassadors r ve diff erent C ourts, an d a rar i ety • o f ot h er use f u l ar ti c les tat e efe rtnee. 18mo. pp. 392; neatly bound, gilt, and in a .0/ 0 1 4 1h,• Al. of RUSSIA, b e ing Part o f the Sixth Division of dir' W ORLD IN MINIATURE, of which have already Arl Ored RIA. and DALMATIA, 2 vuls. 3.2 Coloured Plates, eel s %VD • 11, 14 3 / 4 STERN AFRICA, 4 vols. 47 coloured Plates, price TG rt'`r.Y, 6 vols. 73 coloured Plates, price 21. 2s. LAbOOSTAN 6 • PEi t ,„ • , cols. 103 coloured Plates, price ‘ 21. Bs. Tti t :'" l , 3 vols. with 30 coloured Plates,/ 16s. 6d. ko st ASTRO-CHRONOMETER, or Planisphere of . the At ; 14 Portant Northern Constellations, with Illustrations, . 6d . 144 1 !" , a great Variety of Useful, Instructive, and Enter ing WORKS, GAMES, &c. 84e. LAW INTELLIGENCE. COURT OF CHANCERY, DEC. 10. LORD PORTSMOUTH. The ATTORNEY-GENERAL said, that as Mr. iforne was now in Court, it was desirablethat his Lordship should hear his opinion on the day which his Lordship had been pleased to fix for the hearing—namely, Thursday. • Mr. Hon's; E said, that he had read over the large mass of affidavits which had been filed, and he wished to know, in the event of Lady Portsmouth withdrawing her opposition to the commission of lunacy, if the Counsel on the other side would consent to put aside a particular part of the case, which heneed not mention more particularly. If they refused it, he trusted that the Court would undertake to prevent his client from suf fering that exposition which, without being allied to the case, it was intended to produce at the bar. Mr. W/ETHERELL submitted, that the Court had no such power, as it lay with him to say whether he would produce it Or not. Mr. HoRNE said, that if Mr. Wetherell would say what he meant to do, he should then hear the determination of the Counsel for Lady Portsmouth. Mr. WETHERELL refused to stipulate any conditions as to 'what he meant to do. Mr. HORNE said that he would not say then whether the ap peal should be withdrawn or not. The ATTORNEY-GENERAL l 'Objected to offering any con ditions on the event of Lady Portsmouth withdrawing the appeal. The Loan CnAwcELyon said, with deference-to them all, he thought he had a right to know if the appeal were to be with drawn; and then from the other' side what course they meant to pursue on the appeal being withdrawn. Mr. HART said something upon the danger to the parties of representations being made prematurely of the proceedings out of doors. The LORD CHANCELLOR upon this subject wished to say a few words. He had been most unaccountably represented in those oracles of truth—the newspapers—as having said that any one was at liberty to publish any part of any proceedings in Courts of Justice at any time, whether before or after the deci sion. He spoke in the hearing of a Bar-which had long known him ; if any thing could be more opposed' to the opinions which he had always held upon that subject ever since he had first entered. Westminster Hall in the character of a Judge ; all who had walked,up and down must have known the contrary to be his opinion. If, however, the matter came before him in a regular way, he would take care that his opinion should be clearly known. The course he would take should be this—he ' would request the opinion of some of the Judges, and after due consultation they might agree upon a decision which would settle the question once for all. He could readily see the hard ship there would be in proceeding against persons who had given reports under the supposition that they were fully war ranted by law ' and he would take care that the Court should not treat suchpersons as offenders, without first giving them perfect notice that they would be so treated in future ; but the least reflection would show that there could be no warrant for such a right in law. At a late case in the Old Bailey, the pre siding Judge had thought It necessary to prohibit premature publication, and had proceeded to punish a party offending against his order. He remembered, as if it were hut yesterday, a case where the Attorney-General gave notice to the clerks of public offices, that if they published any information gathered from their official callings respecting parties under trial, or about to undergo trial, he would file informations against esery one of them. Ile would now either deny or affirm the legality of the practice; but he would give his opinion if ever the sub.. ject should come before him, and he would see whet redress could be afforded to' parties suffering from it. Mr. HonNE intimated his hope that they should have the advantage of his Lordship's opinion to defend the character of Lady Portsmouth on the present occasion. The Loan CHANCELLOR informed Mr. Horne that he had fixed Thursday for the hearing, and that when he should come into Court on that morning he would require to know whether or not the opposition were to be withdrawn, upon which he should know what he ought to do. Mr. WETHERELL began to address the Court, when Mr. HORNE required him to say if he wished the caveat of Lady Portsmouth to be withdrawn. Mr. WETHERELL meant no such thing. The Counsel for Lord Portsmouth would take their own sense of justice and pro priety. Mr. HORNE.—" Are you Counsel for Lord Portsmouth ?" Mr. HEALD wished the Court to allow him to explain the impression which they had felt out of Court among themselves, which, as the case now stood, the Court was not fully in pos session of. His Lordship was aware, that Mr. Treslove had on a former occasion expressed his belief, adding the names of some other Counsel to his own, that some of the affidavits first filed were scandalous. He therefore made an application, impro perly as it was now admitted, that such affidavits should be re ferred to the Master. His Lordship was of opinion that in a case of lunacy, the Master was not the tribunal for judging what was scandalous or otherwise, and no one could doubt the propriety of that judgment : because, if the Master were the proper tribunal, no question of sanity or insanity could ever come before his Lordship at-all. His Lordship decided, there fore, that he would read the affidavits, and say whether they were scandalous or not. When the Counsel for Lady Ports mouth came to this stage of the cause, they thought that the affidavits, whether scandalous or not, did not press upon them at all. When he rose the other day to state that he did not ap pear for Lady, but for Lord Portsmouth, and that he hoped to satisfy the Court that they were not hurt by the affidavits, he was aware that his Lordship was not trying the question of continence or incontinence, but of sanity or insanity. He was equally aware that if Lady Portsmouth had forgotten her duty to her husband, and had acted openly and publicly in so scandal ous and flagitious a manner as was insinuated, though not proved, it would be a strong circumstance with his Lordship to decide on the state of intellect which could witness it with un ruffled temper. He thought himself strong on the point of de fence, both in regard to former proceedings and her Ladyship's conduct. But by the effect of 60 new affidavits, he perceived that the question of sanity was converted into one of continence or incontinence. As there was another tribunal to judge the question of sanity or insanity, and his Lordships' doubts on the subject were enough to send it there, her Ladyship's Counsel could not consent to enter a question which was now almost confined to her character. Such was the difficulty of coping with the affidavits, because of the jurisdiction. Every one would allow that this Court was not the place to try the ques tion if Lady Portsmouth had been guilty of adultery or not.— He would not conceal the expressions which had been used, be cause the public papers had already given out nearly the whole case piece-meal. But that was the real question contained in the affidavits— the discussion of which they declined, because they had no even chance. If his Lordship should be of opinion that there was no adultery after their showing that the witnesses were not to be believed, that was'not the fact to be tried. There could be po verdict of acquittal; and after all, it might be de termined that Lord Portsmouth was a fit subject for a commis sion of lunacy, or that there was enough to send to a Jury.— Either, in the public eye, would be received as a failure in the defence of her Ladyship's character. Her Counsel had also considered, that' in all cases of lunacy hitherto (he spoke it in deference to his Lordship's perfect knowledge of the history in matters of lunacy), the alleged lunatic appeared by Counsel who took no part in it. The petitioner appeared to support the, alleged insanity, and then the proper parties came forward to resist the commission. Bat when a Noble Lord or any other person was alleged to be insane, was it not anomalous that he should be considered sane by some Solicitor or Counsel acting for him, and yet no proof to be tendered of his insanity ? Were they to take up the matter earnestly, and not in mockery of re presentation, and say he was not insane, and that Mr. Newton Fellowes was mistaken, then justice would be done; and a complete defence might be set up by parties who would not have to risk the same peril and exposure as Lady Portsmouth ; for his Lordship would recollect what had occurred before— when the GentlOnen of Hants offered to come forward in num bers—hundreds of them— The ATTORNEY-GENERAL.—Are you to go on with the case now ? Mr. HEALD said the same thing might happen again, and Lady Portsmouth withdrawing from the contest because of the irrelevant matter of the affidavits, which made it unfit for her counsel to argue the case, it might be taken up by others who had nothing of the same kind to fear. But he appealed to his Lordship, if, after Lady Portsmouth's withdrawing from the contest, there could be a fit case for a Jury, Lord Portsmouth not being duly represented. In withdrawing Lady Portsmouth from the case, lie begged leave to put it to his Lordship, if' there should not be a substantial defence set up for the sanity of Lord Portsmouth, without which he humbly conceived there could not be full and equal justice. Mr. HART observed that the Counsel for Lord Portsmouth would fulfil their duty without attending to the instructions of fered from the other side. Mr. TRESLOVE said that the imputations in the affidavits as to Lady Portsmouth no more affacted Lord Portsmouth than any other person in the Court. It was not alleged that Lord Portsmouth was privy to any part of that conduct imputed to her Ladyship. Be it true or false, it could be no evidence of sanity or insanity,• which was the only question before the Court. Her Counsel, therefore, declined going into such facts. The LORD CIIANCELLOR:—Vou may jatide for yourselves whether you will withdraw from this matter or not : but if you state reasons for it, I must hear the answer. On Thursday I shall know your determination. If you withdraw, you are no longer Counsel authorized to apply to me on the subject: but I respect you all so much, that what you have to offer will be received by me with proper attention.: 'yet I shall tndeavour to do my duty in this 'complicated and painful case. Mr. Tit ESLOVE thought it right tnstate the reasons of the Counsel for advising Lady Portstnoutk to. withdraw, as the question of sanity might, withourliero bzfore a.Jury, and the question as to the charges in the affidavits was not any where connected with that of the sanity or insanity of Lord Portsmouth. The AT'isORVEY-GENERAL would not have spoken had the subject rested with the remarks of Mr. Home : but as Mr. Heald and Mr. Treslove had made speeches to throw the blame on the other party and to exculpate 'their client, he was con strained to shew how futile their effiirts had been. What could be weaker than the speech of Mr. Treslove ? Who was it that tendered the issue in this case ? Lady Portsmouth had put in an affidavit to justify her conduct, denying the adultery —was it material or not, that her allegations were worthy of credit ? The case of adultery being proved, what became of her affidavit as to the sanity of Lord Portsmouth, and her treatment, during five years ? On the part of Mr. Fellowes he had , been anxious, as far as consisted with his duty., to withhold from his Lord ship any discussion not connected with the, case; but he could not sit still and hear speeches from the other side, in attack on the character of the petitioner and his father. It would be for his Lordship to decide on Thursday, if he would allow Coutv• sel for the defence,* the appeal being withdi awn. Mr. HEALD said, that the object was to prevent the repeti tion of what had taken place, and they would not wait till Thurs day, but immediately withdraw their opposition. Mr. SHADWELL.—" Do you withdraw the caveat or not ?" Mr. HEALD knew . nothing about the caveat. The ATTORNEY-GEN - nar,.—lt is your own caveat." ' Mr. HEALD said that would be for further consideration, — He begged his Lordship to understand that, for reasons al ready expressed,, they did not wish the matter discussed, and that they would say nothing on Thursday. The AT felt himself compelled to reply to what had been advanced. The number of affidavits com plained of was in part, evidence bf their truth ; and, being so, lie could not wonder at the soreness of the other side. He ob. jected to their anode of withdrawing from the case,which should have been done without speeches, unless they wished to have them answered on the part of Mr. Fellowes. On the behalf of this Gentleman he refused all compromise or conditions. When the Counsel on the other side had decided on their course, he should know what to do. He relied on his Lordship's sense of justice to settle between the parties, well knowing that he could not be influenced by speeches to which there could be no fair opportunity of replying. Mr. HEALD had hoped to save some trouble by saying what he had to offer now. The LORD CHANtELLOR.-It is of no consequence whether the caveat be withdrawn or not. There has been a great va riety of affidavits filed on the nature of it. lie could only con sider of the matter which had been laid before him on Thurs day, when he should learn whether or not they withdrew. from the contest. Mr. HEALD was anxious to be understood, in concurrence with Mr. Treslove, the solicitor, and the other Comisel (Mr. Horne exceptecLwith whohLhe had not yet coitsulted) as with—, drawing from the question, for the reasons which he had stated. He objected to letting it stand over till Thursday, and the con sequent repetition of most of what had passed to-day.. The Lotto CuAxcELLort.—Then it remains with me to give judgment on Thursday. Mr. WETHERELL wished to have an opportunity of defend ing Mr. Fellowes, the author of these proceedings. When the case came to be heard, it was his intention to ask that the affi davits of Mr. Alder, Lady Portsmouth, and perhaps some other parties, should be sent to the Attorney-General to undergo that just visitation of the law which so scandalous and iniqui tous perjury justly demanded from the insulted dignity of the judicature. If that. were not the proper course, the Attorney. General having been Counsel in the case, he would ask that the papers should be sent to the Solicitor-General • and if that were.not the fit course, then that an information should be filed against them : lastly, that his Lordship should consider if some other animadversion should not be put on those who made the affidavits. He considered that the defence against the commis. sion had been a flagrant indignity to the purity ofjustice.— He would not now enter into all the reasons he should urge : but in answer to 111 r. Treslove, as to the importance of the charge of adultery, he had in his opening expressly pointed out, as an indication of the state of this unhappy Noble Man's mind, that he was not conscious of the crime of adultery, that his mind could not apprehend the illicit intercourse which was going on, though it was impossible for a rational man not to apprehend it. The fact was sworn to, that the adulterer, the husband, and the wife, were found together in the very Same bed. The affidavit answering this negatived the adultery.-- Did not they tender the issue ? Was not the fact of adultery material, when one of the grounds of imputation was, that the adultery was committed in the bed on which the husband was sleeping ? What man would be bold enough, who recollected . the legal relations of evidence, to say, that the credibility- of Lady Portsmouth, on the question of her own adultery, was not one of the many questions in th case; or 'that thz fact of adultery was not one of the most material in trying the ques tion of sanity or insanity—,that adultery having been committed in the bed whereon the patient was lying ?, To attempt to answer him who would grapple with such a proposition, would be folly. Mr. Alder had couched his affidavit in most studied and guarded expr6sions, negativing adultery at all times and in all places, and under all circumstances, in England, in Scot , land—every where. Mr. HORNE said that this was very wrong. Mr. WE T ERE L L said that he would be heard. The subject of interruption being referri:d to the Court, • The LORD CHANCELLOR said, he thought Mr. Wetherell would be entitled, on Thursday, to apply to the Court fora hearing on any points he might deem to require an answer. lie would preface the proceedings of that day by observing, that should he then be of opinion that the commission ought to issue, that would not of itself decide that the party should be treated as a lunatic ; but the Court would send the , matter before a Jury of the cotintry, to try whether or not it be a proper object of such inquiry. If my opinion is, that the commission ought to issue, I really shall feel no disposition to hear you. I agreed before, that if you perceive my disposition is not to grant the thing, he (Mr. Wetherell) would be entitled, after what had passed, to submit that he (the Lord Chancellor) was about to express a wrong opinion. He would suggest as to the other requests of the Learned Counsel, if the Court could grant them at all. The matter might go before a Jury : until the Jury had determined on the worth of the affidavits, and the testimony which would be offered to them besides, he could not prejudice the inquiry by reflections on any party : on ..the other hand, though he respected Mr. Treslove's former suggestion, not to permit the question of adultery to be agitated unless he could connect it with the question of sanity, he felt satisfied that he could so connect it : and it was connected in such a way that he could not, if he wished, shut it out. Mr. IItALD justified the course hc.had taken by reference to his former reasons : should Mr. Wetherell make his pro mised application, they would come forward again. Mr. WETHERELL wished not to be interrupted. The LORD CHANCELLOR asked if it was worth his while to go on giving the Court notice of A motion ? Mr. HORNE observed, that the caveat was withdrawn. 'lf any thing like the threat made should be attempted, he hoped his Lordship would give, them an opportunity of answering whether the caveat were withdrawn or not. The LORD CHANCELLOR observed, that he had always taken as much care as he could that the characters of parties should not suffer unnecessarily. 'Mr. WETHERELL wished distinctly to hear if the caveat were withdrawn Or not. Mr. HORNE could only hope - to satisfy the Couit—not his Learned Friend. They would withdraw the caveat, and judg ment would be given on Thursday. If any new matter should be offered, he trusted that his Lordship would hearthem in answer, caveat or no caveat. Mr. WETHERELL complained of the length and matter of the speeches made in withdrawing the caveat, in reply to which he would claim to be heard on Thursday. He,coultl not but remind hiS Lordship of what had taken place in correction of the statement of Mr. Heald and Mr.Vreslove. The affidavits for the con - mission went to make out the fact of adultery. They were declared to be scandalous, and an application was made to take them off the file. His Lordship ruled that they could be used as a medium. The proceedings on the part of Mr. New ton FelloWes Were described by the several Counsel as gross ca lumnies on Mr. Alder, Lady Portsmouth, and the other members of that part of the family. They filed a great many atlidavits'to refute , the imputation of adultery, most distinctly and cautiously denying the fact. Leave. was given by the Court to reply to them, and the answer was contained in affida vits between sixty and seventy in number. He believed theie must have been a hundred in England and Scotland together ; for they were sworn in Shropshire, in Hampshire, in almost every county—in London, where houses were hired as species of ,brpthels-- The LORD CHANCELLOR wished to know what was the ob ject of this to-day ? M r.'WETHE REY. L said it was to answer the remarks of Mr. Treslove as to the connexion of these facts with the case. The LOUD CIIANCELLOR.—I have already said I think they have connexion with the case. Mr. WETHERELL thought he had a right to be heard either now or on 'Thursday. The LORD CIIANCi'LLOR, thought that the contingency must depend upon what they heard from him. r. 1 RESLOVE said, that Mr. Wetherell might as well go into Lincoln's-inn - zgarden to say all this, as to have pronounced it in the Court. WE THERE L L did not object to the pleasantry, though he would not let it baffle him from a sound argument. Two nerions had sworn that there was no adultery, and a hundred had sworn that there was. That was not quite so lfacetious, but a little more difficult to get over than his Learned Friend's pleasantry, and p stronger argument than any from the other side. . The LORD CHANCELLOR wished Mr. Wetherell to choose between mow and Thursday. • Mr. 'WETHERELL declined speaking now, as he hoped to have the opportunity of defending his client, Mr. Newton Fel lowes, on Thursday, from the calumnies ar.d imputations which had been heaped upon him by the Countess of Portsmouth and Mr. Alder, and which had been refuted by one hundred and thirty witness,:s. SIR CHARLES LONG IN THE MATTER OF BROTHERS AND HEATH, BANKRUPTS. _. _ The Loan CHANCE L LOR had looked into the circumstances of this case, which appeared to resolve itself into two branches— first, whether in point of form the certificate ought to be stayed ; and, secondly,:upon the true construction of the Act of Parlia ment, any person, and what person could prove the debt for the purpose of signing the certificate ? With respect to the case it self, his Lordship was, under all the circumstances he found de tailed in the papers, greatly surprised that the Commissioners had signed the certificate. The parties had surrendered in May, and, as soon as the two months were out, the creditors took out a commission of bankruptcy, which produced a statement on the part of" the bankrupt, , that his debts amounted to 14,0001., 10,0001. of which belonged to the Agents at Calcutta, who to this day knew nothing of the. matter. This was to all in tents and purposes a white-washing commission. His opinion was, that it was not necessary to sign the petition main; or to give notice of the affidavits before they were filed. With respect to whether any persons were entitled to prove for the purpose of signing the certificate, this would depend, not upon one. Act of Parliament, bat on several clauses of six or seven, with the contents of which he was at present wholly unac quainted. If the Commissioners were of opinion that the bAnk rupt had conformed to the statute after 'the suing out of the commission, they were not tb look at his previous conduct at all. It was not their only duty to see that four-fifths had signed, but that tlig.bankrupt had acted np...to the laws. In_the present in stancelis Lordship did not think he had. lie did not think lie had made proper discovery ; and the question was, the Chan cellor' entertaining this opinion, whether lie was not bound to grant it ? With respect to the papers which related to military money, the hospital had a tight to inspect the book, and he did not apprehend that the bankrupt could prevent the inspection. If he were obliged to decide this case to-day, he certainly should not be in a great hurry to grant the certificate, as it was evi dently a whip-hand-cut affair to get through the business; but if they had conformed to the statute, the Court had no alter native but to grant it.. After consulting with the Viee-Chan:. cellor, he would decide the matter on another day. BEER Z. WARD. Mr. llAnT's reply was continued during the rest of the sit ing; and was adjourned over at three o'clock. VICE-CHANCELLOR'S COURT, DEc.lO. This WAS the second seal after term ; no motion of import: ce was Made during the day. RULE FOR CONDUCTING BUSINESS. The VlCE:Citax CEL Lon, immediately before the rising of the Court, addressed the bar in nearly the following terms :--I wish to lay down a general rule to be observed by the bari with respect to the time for the making of ex-parte application for injunction and writs of ne erect regiw. I am pressed by applications of this nature at the rising of the Court. Nothing is so nice as these cases frequently are ; and on account of their being ex parte, they require the most serious deliberation of the Court ; and yet lam frequently called upon to decide theni when I. am' on.my legs. I think it would be establishing a good rule, (without presuming to expect that it should be pdopt ed by auy lather Court) to give cx parte applications of the nature which I have described precedence of ail other motions, and to allow them to be made early. I shall then have an opportunity of deliberately. considering them. I am anxious to relieve the Lord. Chancellor from as much business as I can, because he has a great deal to perform, which is necessarily peculiar to him. I think that the rule 1 have laid down must be as agreeable to the bar as it is to my own feelings. I have frequently of late regretted the hasty manner in which I have been compelled to decide upon cx parte applications. An injunction when unnecessarily grant, ed may effect the greatest injury to the defendant, and nothing can be more injurious than a verdict of ne exeat reguo when improperly granted. COURT OF DING'S BENCH, DEC. 1. THE KING ✓. LORD CADOGAN. This was an indictment against the Earl of Cadogan, for suf fering a wall, which supports a terraced road in Chelsea, on the banks of the Thames, to remain in a state of dangerous decay. The first count of the indictment stated that a number of trees belonging to the defendant were growing near the wall, and that their roots pressing against' it caused it to fall down ' • and pro ceeded to set forth, that the defandant was bound to repair the wall, by reason of his tenure of certain landt. The other counts chafged generally, that the defendant was liable to re• pair by reason of his tenure ; and that, being so liable, he per mitted the wall to be and remain in decay. On the part of the prosecution it appeared that Lord Cado gan was Lord of the Manor of Chelsea, and that the manor was co-extensive with the parish. Aged witnesses were called, who proved that the predecessors of Lord Cadogan had, at different times, for a period of more than fifty years, repaired different portioni of the wall. The cage, at one end of the wall, which was built upon it, was used by the parish for the confinement of offenders, but they had paid an acknowledgement of half-a crown & year to his Lordship for its use. A claim had been made on the part of Lord Cadogan for a quit rent for stairs leading to the river, and on refusal to pay it they were stopped up. ft appeared that the road was 30 feet wide; the trees were close to the wall ; and on the other side was a row of houses which did not belofo , to Lord Cadogan. The trees had been claimed by Lord Cadogan, and were fenced off by railing which he supported. ThiS road was described as au ancient road in an Act of Parliament passed in the reign of George 1., where it was represented as leading from James-street, West minster, to Chelsea-ferry. Mr. Robinson, an eminent sur veyor, proved that the road was in a dangerous condition, and thought its decay to be attributed in a great measure to the roots of the tieespressing against it. Mr. ScaftLETT, for the defendant, relied on two grounds of answer to the prosecution;—first, that the road itsef was not shewn to bean ancient road, being evidently.intended for the comfort of the inhabitants of the houses which were built long within the time of legal memory; and secondly, that if the wall was originally built by the predecessor. of Lord Cadogan, it was dedicated to the public; who alone, as they. enjoyed the benefit, ought to repair it. To fortify his case, he called a number of witnesses, who proved that several individuals along the line of the wall had repaired such portions of it as were before their own premises. • The LORD CHIEF JUSTICE observed, that supposing Lord Cadogan had no liability to repair by reason of his tenure, he did not think the Jury could convict him of a nuisance on the first count of the 'declaration ' for suffering his trees to injure the wall, because that count, read altogether, charged a neglect to perform a duty arising from tenure, and could only be inter preted with fairness as directed to this end. The first point for the .Jury to consider was, whether this road existed as a raised road before the time of legal memory , .because, if it was treated since, a liability to repair from time immemorial could not be supported, If they thought the road did so exist, they would then weigh the evidence on each side as to the custom ; and so decide for theniselves whether they were satisfied from that evidence that LOrd Cadogan was hound to repair by reason of his tenure. The Jury retired for an hour, and then returned a verdict of Guilty, deciding the liability of Lord Cadogan to repair the wall,fdr the spaces set forth in the indictment as ruinous. BULLOCK V. MALLARD. This was an action against a gentleman of Essex, on the war , rarity tg a horse sold by him to the plaintiff for sixty-guineas. The warranty proved was, that the - horse was perfectly quiet and would go quiet in harness ; and the witnesses for the plain tiff proved that,i on two occasions the horse, when driven in a gig, kicked violently and became exceedingly restive. One of these, the groom of Mr. Bullock, admitted that he expected to receive a guinea from Mr. Mallard at the titne of the sale, and had received only a - crown. lie had said "he would- take care of the horse," by which he intended only to do his duty. Mr. GURNEY., for the defendant, urged the probability that the restiveness of the horse had been caused by the revenge of the groom, who expected a larger fee • and called the defend ant's coachman, his son, and others, who stated that he had al , ways been qUiet while they had known him. They had, how ever, seen him but little in single harness.' . The Loan CILIEFJUSTICE left the Jury to decide between the Positive evidence that the horse was not quiet, and the in ference that hemust haVe been so from his previous habits. As the horse had been sold for 27 guineas, if they foufid for the plaintiff, they would give the difference between that sum and G 0 nmineas, and such additional sum for the horse's keep as they might think proper. The Jury returned a verdict for the plaintiff.—Damages 441. COURT OP COMMON PLEAS, DEC. 10. PLETCHER V. lIIIIGHTHAN.--.ASSAULT ON BOARD SHIP. ' This was an action to recover damages for an assault com mitted. by the plaintiff upon the defendant. . Mr. Sergeant YELL stated the case to the Jury. The plain tiff was a surgeon on board a South Sea whale ship. The tle. fendant was at the time of this transaction the captain of the ship. It appeared from the evidence of two witnesses, who were on hoard the ship at the time, that in 1821, while the ship WAS at sea on her way back to England, some words arose be tween-the plaintiff and another person, on which the captain interfered, and struck the plaintiff several blows with a thick rope,. and knocked him down, and then struck him when lie Was down. ' Plaintiff was confined to his hammock for seve ral days, in consequence of the ill-treatment received from the defendant. _ _ These witnesses under Went each a long eras-examination ; the object of which was to elicit an admission, that they had heard the plaintiff use very provoking and disrespectful lan guage' to the captain ; but neither of them could recollect that .the plaintiff had used such words. They were not nearenough to have heard all that passed. ' Mr. Sergeant ViuGHAN, for the defendant, admitted that a verdict must pass against his client, who did not enter a jus tification upon the record ; but he would adduce such evidence its Would satisfy the . Jury, that the plaintiff was not entitled to more than nominal damages. It would appear, that the de fendant had at first only intended to prevent the plaintiff from fighting with another on board (as was his duty as captain), and that when Imam/ done so, the plaintiff told him that he was not fit to be captain of a ship, and that he (plaintiff) would have a rope for him when he got to England. The two mates of th ship were called to prove these facts, which they did. They added, that the plaintiff was not con fined to his bed so long as was asserted by his witnesses ; but that he was well able to do his duty if he bad chosen. On their cross-examination they admitted that the Captain struck the plaintiff several severe blows, but not until after he (plaintiff) had used the provoking language. 31r. Sergeant PELL replied, and The Lord Chief Justice DALLAS summed up, leaving to the JUry to say, under all the circumstances, to what damages the plaintiff was entitled. In his Lordship's opinion, they ought to be tempc;rate. The Jury, after consulting together for a few minutes, re turned a vc. duct for the plaintiff—Damages 1001. MAVOR V. CROOME. Mr.. Sergeant T..l7Lll 7 s;ted, - ilithis was an action of assumpsit brought ,by the assignee of Mr. Pyne, a bankrupt, to recover a sum of money paid by him to the defendant, in contemplation of an Act of Bankruptcy.— In 1818, the bankrupt falling into difficulties, was put into the Fleet Prison, and was subsequently made a bankrupt. In 1819, the house which the defendant occupied, and in respect of which he owed 871. to the defendant for rent, was assigned to Mr. Thompson, and, from the money paid by that gentleman for the assignment, the defendant received the amount of rent due. The question for the Jury and his Lord ship would be first, whether the money had actually been paid under the circumstances stated, and secondly, what would be the effect of such payment. He should contend that a landlord, under such circumstances, was not to be protected, as he had his remedy either by distraining the goods on the premises, or by ejectment against the tenant. William H. Pyne, the bankrupt, let the house to Mr. Thomp son, for a premium of 2201., out of which he paid the 87/., due to the defendant for rent. Cross-examined—There was no property in the house on which the defendant could have distrained. Henry Borland proved there was no furniture in the house at the time mentioned ; witness was a creditor of the bankrupt, and held the lease, which he gave up on receiving the amount of his debt from Mr. Thompson. Mr. Sergeant LENS, for the defendant, contended that the landlord stood in a different situation from other creditors. lie had a power of re-entry on the premises, which he waived on condition of receiving the rent due to him ; by this conduct the estate of the bankrupt was benefited to the amount of the difference between 871. and 2201. which would never have been added to the funds of the bankrupt's estate, if the defendant had not assented to and confirmed the assignment. No person would have taken the house from the bankrupt or his assignees, unless the rent had been paid, as he would have been liable to a distress for the rent due to the landlord by the former tenant; he, therefore, contended that the defendant, in his situation of landlord, was entitled to the favour of the Court, having acted rather benefi cially than otherwise, for the bankrupt's estate, and there not being the slightest ground for a charge of fraudulent preference. The Jury found a verdict for the defendant, subject to a mo tion to set it aside and' enter a verdict for the plaintiff, if the Court should think the case came within the exceptions of the Bankrupt Law, and was to be considered as a protected payment. The immense fortunes of thefamily of Btrniaparie (says a writer in a letter from Bologna) astonish the beholders ; I occupy a palace that lately be longed to Lucien ; it was not grand enough for him ; he has purchased the most magnificent palace that could be obtained, but yet is out rivalled in mansion and displayof living by Prince BaggiochilThey are suffered to enjoy, peaceably and unmolested, the wealth they ransacked from France, and pillaged from invaded nations. Vi cissitude of fortune has effected no change in the Buonaparte pride; all the daughters of Lucien call themselves Princesses, and will answer to no other appellation ; they are short clumsy girls, with no more appearance of personal elegance than of mental dignity ; for whatever distinction they arrogate, they have no endowment to dis criminate them from the lowest Bolognese females.