The Sun. — London, England, 1817-11-26 00:00:00

- o:f:e'cint.iti'Ort Of evilly, Anti Lis 'Lordship knew tee's 01 , 0 'flatly cases to a similar nature daily carne hetore hfin. One recently decided by the Court 'conic clw.e to the point, and at once did - sway the objeeiloo of his Learned• Friend the Nolicittir- G'eneral. The case he alluded to Was well known, find as that in Which the - Commissioners of :Ttiinsports ("aimed a share of some rite -money, becau•e a'trinspOrt in their service had been pre sent IlL'e prizes were taken. 'lstead's offf , r was certainly contrary to the •pOlicy :of the Act of Parliament, for if such offers were to be received, it would destroy all 'Manner of competition ; and c.!rtainly the Act had twVer - intended that offers for the sale of the Land 1 . 4 x wer e to he conducted in a manner 'sitnilar to alio im.s, where people's minds were Often in- Ilitenced and they led to give 'much more than in •cord reti.:ction they would have done. if eraied •hiddings were allowed to be sent in for the pur chase of • Land Taxes, hi the way that the Com luissioners had allowed, the defendant, lstead (that seas, bidding one per cent. above what any Other person might bid), it would be only for a than to fix upon what township, or borough lie pleased, and by that means become the purchaser, at only an advance of one per cent. at the same time using the talents, industry, and calculations of the, un successful bidders. It was far from hits to -at tempt to charge the Commissioners with fraudulent intentions in this transaction, for it never had hten t hong lit of until mentioned by the learned Solicito r Brit if they had acted corruptly or fraudu lently, would Lis Lordship say that they ought to meet wish punishment except what a Criminal Court might inflict by imprisonment and fine 1 As to quoting . cac - s in support of his argument, he did not think it necessary-, as it would be only taking up his Lordship's time, and could not tend to elu 'vitiate cite case. There was One, however, which had been (punted that of General 13nrgoyne, as being in point, which in his humble opinion could not bear on this. That was an otEcer in the army only, obeying his instructions, and could not be considered as responsible, and Lord Thurlow had acted very right in saying so.—The Learned Gen tleman conch iihed by expressing no doubt but that the decision would he t eversed, at the same time stating his determination to refrain from saving anything respecting the Commissioners, not being proper parties, till a formal demurrer on that point tvz -4 s before the Conrt. 11Ir. "FROWER and Mr. PHILIMORE followed on the same side. 'Fhe SOLICITOR-GENERAL replied. he LORD CHANCELLOR considered the question peculiarly impomtht, though it was one, he must own, attended With very gre,.t diffictilty. The Act, Its far as he had considered it, pointed out no speci:ic tprni of contract, for thought it set out with repealing all the former Acts made on this subject, and said that 'all contracts in future were to be made in the Corm and manner hereinafter prescribed, it had, to his great , astonishment, pointed out no form whatever. 'rite question, as he understood it, was not whether the Com missioners were compellable to ft ltill their cony tract, but whether this Court had the power of compelling them. The Learned Gentleman who drew up the preeout Bill was entitled to the warm est thanks of t he Court, for the luminous manner in which he had stated his case, and the very great assistance he had thereby rendered the Court. Williams, it was alleged by the Bill, was the highest bidder; but if it was trite that !stead was the hivest, then the case was resolved into a iptc ion of I iw.—[lere his Lordship, at consi derable length, went over the various measures which had been taken by the Legislature for ex pediting the sale of the Laud Tax]. —Viewing the case 'as one of considerable importance to the lie in ever.v point of view, lie would take borne the Act of Parliament, and on Thursday morning .give judgment. The case certainly involved some truly important considerations with regard to the public interests, and these he should certainly de liberately weigh before he decided the case, which he would at all events do on Thursday. INJUNCTION. BINNING V. GOLDING, GOODWIN, TAYLOR AND • OTHERS. • Mr. 'liar applied for an Injunction from the Court, under the following extraordinary circum stances :—The .p;aintilf had lived in linlstrode street, but let the house she occupied to a Mr. 'Gidding s tvho agreed to take it and the furniture, fixtures, &c. at a given valuation, and pay her by bills.—These bills she took, but unfortunately she had never since been paid, though the sum due to her was three hundred pounds. She was referred to Goodwin, at the Grand Hotel, Covent -g-arden, where she had an excellent character of -Golding, and she was further told by Taylor, a warehouse-keeper in Holhornohat he would cheer fully discount any bills which Golding might give -her, as Golding- was a man of great pecuniary means. Site accordingly let him have her house, though -her doubts were not completely removed, but she.. did not give him the assignment. In•as few days after, when calling for some small articles at the house, she was astonished to find Golding gone, and Goodwin in possession by virtue of a power of attorney, and he refused to give her the ar ticles. Calling of Taylor to discount the bills as' I:e had promised, he only laughed at ber• credu lity, butt tvould not discount them. The house and furniture bring advertised for sale by virtue of the power orattc.rney, she was compelled un der such circumstances to apply for the injunction. Loa: CHANCELLOR—CertainIy take it, btu serve all the parties with notice of what you have don e . His Lordship rose at two to attend a Cabinet Council. COURT OF KING'S BENCH, Nay. 25. . BLASPHEMY. THE KING V.. JAMES WILLIAMS.: The ATTORNEY-9ENURAL prayed the judgnnt of the Court detendintr, who had suffered lodgment to go by default, on two informations filed •ag•aitmt him for ptiuting and publishing two profane ; and seandalowdibels'. The def'endant 14aq - 11'v, taken his station on the floor of the Coutt,':dr. DEALTRY proceeded to read the first intormiltion, whiCh set forth that James Williams, late of l'ortsea, in the county of Southampton,:priutcr, intending to excite im piety and irreligion in the minds of his Abjesty's liege subjects, anti to into ridicule an:i coo tempt a certain pirt of the public service of the Church of England, 'C The Litany," On 15th of February, in the 57th year of Geo. 11l did publish a Wicked and prbfane liDel, being a parody on the said Litany.. The defeudant put in v:irions affidavits, in mi tigation of punishment. In liis.oWn affidavit, he deposed that he had carried on the business of printet, at Portsea, for 15 years, and had never been subject to any action at law for any thing published . by hiM. In the mOnth of February Jast, he was aliplied to by a person who vends hooks 'About thr country, to print 250 copies of the Parody on the - Litany, t oo l .of the Parody on 'the Athanasian 'Creed. Two months before any infthinitian was filed against learned, from the public newspapers, that they veto clan. gerrins productions, and he instantly desisted from publishing them. 'rile deponent never Was, in ' any way, concernedvith the original publisher or publishers of those Parodies. George Pullingey deposed, that he had lived upwardsot Seven years with the defendant, as apprentice and journeyman—and recollected per fectly that when the defendant discovered that the Parodies were illegal, lie desisted from pub lishing them, and ordered the types to be" distri buted. Fun:- affi , laYits, sworn by respectable inhabi tants of Piirtsca, described the defendant az, ag.noi and loyal subject. TheATToRNEY-GENERAL said, he found it. his duty to file this information against the defen dant, who, from- his affidavit, appeared to have been the distributor as well as the printer, of a publication which was properly designated, on the record, as a profane and scandalous libel— tending to bring into ridicule and contempt a part of the Divine 'Service of the Church of Eug land, Their Lordships knew, that the form of public worship in the Church ot . Engl:lnd was sanctioned by law. The Litany was particolduly mentioned in a statute passed inthe reign of Chad' 11..f0r the purpose of establishing a particulai system of public worship. As far, therefore, as related to the mode of performing public worship, it was supported by the law of the !and—brit. it derived the sacred ness of its eh arater from a much higher source—from the . Chi'istian Religion itself; land he thought nothing was more fit for a prosecution, than any attempt to ridicule or . bring into disgrace any of those sublime prayers, which form a part of our religious worship A more solemn, he might say a more sublime, col lection of supplicatory prayers to the Deity to avert trout us every possible evil, to procct us in the hour of death_ and even after death, than were comprised in the Litany, could not he penned by I nan It was one of tile most sublime services of the Church, and it was impossible that a publication of this•sort, which was meant to ridicule it, could be disseminated amongst tlie lower ranks of society, Or amongst the rising ge neration, no matter what their situation in life was, without necessarily weakening that reveren tial awe whicit every person might to feel tow4rds his Creator. Mr. ltostNsoN addressed the Court in mitigation of put►ishtnet+t. lie trusted the Court would nut in fl icton the defendant that full IlleaS ore of pouish ment with which they Might think it necessary to visit the original publisher of those profane ;and wicked libel's. It was most unfortunate for his c li ent , that though he was not the first offender in order of time and criminality, yet he was the first who was brought up for judgment—and it was ever the case, that the first blow, on such occasions, was the heaviest. The Learned Gentlentan im pressed forribly on the Court the Circumstance, that the defendant had not acted contumaciously. The moment he !coined that the publication was improper, he ceased to expose it to sale, lie had not thrown down the gauntlet Of defiance lu the Court, and told the Attorney-General that he would meet him when and where he pleased, and prove that the publication was not a libel. No ! when apprised of his error, he did every thing in his power to atone for it. The second information, for publishing the pa rody on the Atl►anacian Creed, was then read ATTORNEY-GENERAL, in praying judgment, observed, that, as had been said by the Court many years ago, it was impo,sible to discuss cer tain points and doctrines connected with our re ligion, in such a manner as to steer clear of libel. But this was not the case here. There was here no discussion on any point of public worship. It was a parody intended to ridicule all the doc trines contained in the Creed of St. Atlianasins, and deserved the character which was given to it in the information. Mr. TOPPIG followed on the same side. Mr. Roangsort said, if the Athanasian Creed were to be treated argumentatively, certainly it could nor be done through the medium of a pa rody. But, be submitted, that it was impossible for any person who read the present parody., and who was acquainted with the original, to receive any unfavourable impression from the publication in question.. It was well known that many end nent Divines, many illustrious ornaments of the Bench, vvho were filled.with the most perfect con viction of the great truths of Chtistianity, yet wished that the form of ii)cidcistittg these truths, as exhibited in the Athanasiun Creed, had never been in existence. Ni. Justice BAYLEY, in pronouncing the sen tence of the Court, observed, that it his Majesty's Attorney-General had not filed the present infor mations, he, for one, would have thought that he had fallen short in the discharge of that duty which the public exnected at his hands. It was impossible for any man who read these libels, and who felt any, the least reverence, tot the sacred ordinances of *the Church of England, and the doctrines of Christianity, not to feel his mind ap palled 3t the langnage itt which they were couched. His Lordship said, it was unneeessary for him to go through these libels, and to point out in what ins...ances they Were offensive . . Bit they certainly deserved this general character—that they were calculated to raise light and loose ideas in the mind, whet) those ordinances, which they ridi culed, were read.—Of one of the compositiOns, thwirarodied, he believed it might be said, that it was the fi'ilest . work that ever proceeded front the heart or head of inP..n. And in what situation were the young and the unguarded placed, if they were to have their - teiitit'is'iinst r ttled, at the the whole a their attention ought to betlTcosil'ed by the considerat 101 l o f th at sacred work. it VFas stated by the Conostl (Jr.. Itobinsob) that 'etre AthanaSian 'Creed had breu in Some degree Ititir tinned by several great and able tneenbets of tire Church. If - it were to be Inestioned, this was not the mode that should he adopted. Fair, and so ber, and temperate, discreet discussion, might he necessary to 'mankind—hat so long as thit ser vice . was Sanctioned fry the LegislatiTte of the country, it was not to be made the Subject Of 'ri dicule. But this libel did not ire.peaeh alone the questionable parts, if there were any, of this ortli ;lance, hut militated against the fundamental doc rt Ines of ono religion, and taneit them into ridi cule and conteino. Lel it not be Sopposed, be cause the defendant was by "aecident the first per , son brought up to answer for this offence, that therefore a measure of punishment would he held out to him different from that which Ire would have received, if he had come Op at a later period. The Court measured out its punishMent as : accurately as it could with respect to the peculiarities of each case. Its visitation was not aggravated because the case happened to be the first, nor diminished because it presented itself at a later period. The sentence of the Court was, that the de fendant, for the first libel, should be imprisoner4 in the gaoly of Winchester fur eight calendar months, pay a fine. of 1001. to the Ki6g, and find securities, „himself in 3001. and :vio sureties in 1.501. each, to be of good behaviour for 5 years. For the :second libel; he was sentenced to 4 months' imprisonment in ‘Vinehester gaol, to be computed after the expiration of the first sentence. CRIMINAL INFORMATION. Mr GURNEY ntoved fora Ride to shetv cause kvily a criminal information should nut be filed against tw o Justices of the County of Kent, named Goodenough an.l Jones, for an alleged ituroper and illegal exercise of tt!e power granted .11agistrates nt li-ensing public-houses. The Learn , d Co•rLsel stated, horn the affidavits in tupport of the motion, that, for a I,:ricul of -10 years, a certain district of-the County of Kent, comprising Blackheath and Little and Less N ss, had been played under the jurisdiction of 19 Li cen,ing . Magistrates, %Ili() invariably met at the Mitre Tavern, Greenwich, at the usual period of the year for licensing Victuallers._ In the last yeat, the Gentlemen against whom he moved had attempted, without success, to attract to them selves the exclusive privilege of licensing publi cans in a portion of this district, by separating a part of the Hundred of Blackheatb and Less Ness from the division above named. This attempt wAs again renewed this year, in dt-fi.....e of the anti)°, rity of the other Majstrates • of the division, by issuing a mandate to the High Constable, requir ing him to summon the publicans of the exclusive district. which they claimed to meet the said Jus tices at the Lord Moira's I - lead on the very saute day and hour for which the other 17 liktap,istrates Itad issued their precepts. -Tin:, proceeding Was productive of the most. mischievous consetpences, inasmuch as it prevented the other Mayistrates from incrtring into email, complaints alleged against publicans in the exclusive liistrict claimed b y these Justices. The Court, on the grounds stated by the Learn ed Counsel, granted a Rule to spew cause. MURDER AND TUi',II:LT AT BRICiFITON. Mr. SHEPHERD moved for a Writ of ilabeas Corpus, to be directed to the Keeper of tiorshatuz gaol, commanding bins to bring up.the body of a ,soldier named James Day, (70111113tued on the ver dict of the Coroner's Jury, on the charge of the Wilful Murder of a Constable named Thomas. ltowles, who was killed in the late tiniodus at Brighton, which happened on the sth of ;Novem ber last, for the purpose of being bailed. From the affidavits it appeared that tl►e prisoner had been called in with other soldiers to assist the peace-officers in repressing the tumult on that oc casion ; and, that the night being dark, he on• fortunately wounded the deceased, ill consequence of the Inner having suddenly turned round, when the Military were in full pursuit of ;he mob. Previous malice or design was expressly negatived, and under these circumstances—The Court order ed the Writ to issue. • POLICE INTELLIG ENCE. raa .----- uo w-sT RE ur. HACKNEY COACHMEN.-Robert. Hanne alias Saticy Bob, the driver' ot the Hackney Coach, No. 230, was brought to the Office, charged with most Outrageous and violent conduct, at the door of Covent-Garden Theatre, under the Piazza, at the time the company were coming out on Mon day night. The centinels desired him to leave that place and go to his coach, which had no ef fect upon hint. A crowd of people woe c. - illected iu consequence of the disturbance which he made, so , that he became a nuisance to the neighbour hood, which induced Mr. White,, of the Bedford Coffee-house, to give him in charge to a watchman. Yesterday, on his being brought to the Office, he was ordered to find bail for the assault ; however; it was discovered that there was a more summary Say of punishing him, tinder the sweeping clause in the last Hackney Coach Act, whi , h is not ge nerally knoWn, forpunish;ng hackney coachmen for misbehaviour to certain other pet sons besides their fares. He was convicted under it in the pe nalty of 51. which he not paying, Le was commit ted for a month. The following is A copy of the Clause : " Fourteenth Clause—A nd he it further enacted, That ever: , driver of any hackney coach or chariot, or any chairman, or waterman, who shall maize use of any abusive or insulting language, or other rude behaviour, or who shall obstruct any inspector of liackiley coaches, officer of puliee,.constable,'or other peace o ff icer, watchman, or patrole, in the execution - of his duty, and who on any complaint being made before any Justice of the Peace, or the Contrnisjoners of the haeliney coaches, or the major part of them, be convicted of the same, jhall be suhjcct :em i t liyble to a petialtY, at the di:crction suck Justice or Justices; or Conno4etioners as:•alor.esaid, wit -in any case exceeding ten pounds, and in default of the pay,- meta of such penalty so to be awarded, to he committed to prison for a period nut exceeding two months." UNION-BALL. BoXEß.—Yesterday Cribb, the noted pugilist,' was •chavgcd• with assaulting John Sin clair, Collector of the TONS ut the Great Dover.- road Turnpike, on the 17th instant. Sinclair stated, that on the night of the 17th instant, at , . abott':- twelve o t clock, the tle;endant and •pe'rAin 'drove up to tine itua Lice glite : wasshl'lr.'kli he Et-fisSt'd 01:t!'i. 'it i2ulil the toll wtt.-, Aftti a:tercatio) wtich lasted st . veral tt.;tt.l) phi tie toll, anil. Sinclair pi (weeded to - I`tniOcti. Atte door, wheo not being q tire so expeditions in his ploceedittgi . as the deferstiant thotight ne.ce,tiity, descen,led' from the 'Chaise; made use Of ery opprobrion4' language, and dashed hitn up against t he vte-post.! Cribb denied that he struck the compkinant on the contrary., it was bitnscif who was assatilt ed ; be was not . olly Struck by the 'complainant with his fists, but was most cruelly kicked abonz the legs, thighs , , and lower part of . the stoinacb 4 he Could prove by the bruises which still remaitte(l-. The complainant wamtrumbling nboat bolt 4,"f, the gate and could not open it, and he descenderi for;, the chaise for the purpose of as•ist log him; when he (the CoMp!aillallt) Struck him, thre4 him down, and kicked. him. SOLOMON DAVIES, Esq. a County Magistrate, said that it was extremely unlikely that tite com plainant should behave as the defendant had al., leged. He had been. in the employ of the trustees for years, a complaint had never been made against him during that peilod, anti his instructions trout his employers were, that he should .reat every person with civility.. lie was a 1111th Of a remark= ably peaceful disposition. The -Magistrate, Serjrant SEtt.oN, convicted the defendant under the Local Act, 49, G. 3, cap. 186, and adjudged hint to pay 495. defendant, by the advice of his solicitor, Mr. iTAIIMER, appealed against the conviction. QUEEN-SQUARE. .I.“IBEZZ - LEMENT.-I)aniel Reqgerty, and Sarah; his , were brought to the Oaice by one of the Thames Police Ofßenrs from on boltd a ship in the River, bound to South Americ,t, charged by amid Mullet, of Cheyne W.,lk, Chelsea, t,traw lott-manufactu:er, with embezz:ing hi. I . ,,rfiperty, entrusied to their care as his tic' yaws. Time i . :- goners were remanded for a future exninination. HA UTON-r;A R DEN. Yesterday Lawrence Lyon, a Jew pedlar, was brought up in the custody of Clot les Coo atui Cussans, Inspectors of Hawkers' Lice!lce6,; cln tinder the HawLers and Pedlars' Act •xith hawking spectacles and opera glasses in the neigh bourhood of Bow -street, without a licence, ton. trary to the Statute. The charge being proved; the prisoner was convicted in the penalty of 10L. which he paid down, and was discharged. WORSHIP-STRUEE ROBBERY IN ADWELL I N G - H o l:S? . --Ji a fellow dressed in the first style of taofion„ With art elegant ring rei his auger, having altoge ther .the appearance of a first-rate 11ondstrect lounger, was brought up from the watch-hottse, charged with stealing a man's coat, a pair of breeches and gaiters, a pair of trousers, and a waistcoat, two, gowns, a silk shawl, several silk and cotton handkerchiefs, table cloths, stockirrgs., family trinkets, and rarions other articles, in - thi house of Mr. Frederick Fram,cis Reader, No. 16, Hackney-road.—Fully committed for trial. LAMBETH-STREET. Yesterday, Edward [former and' Samuel RoTieg. two young men, were brought tip for final exa mination, charged on`suspic:on, hefort Sir DANIct. lyuLtAms,..by Mr. John •Jercmialt Sullivan, or Silver ! street, Stepney•green, vdch burglAtiouSly ti Oil ICIOIIIOIISiy entering his dw.elling-lionse, thi night of the Ist of October last, and. stealing- Aicrepy.property to a c.onsiderable aMount.—The , prisoncrs were fully committed to take their trial. It. Newgate. HOP INTELLIGENCE. SotrnwAßK, Nov. 24.—00 r Iron Market is ex.• 'ccetlinly (hill, scarcely a sale is rne.ie by apy of ns ; the prices are nominal, hilt we consider then% at least IN. per cwt. lower then . they were a ;e W days back. Monday night, or early on Tuesday morning, the ‘varchottse of Mr. William Evans, silk weaver in Mile end, was broke into, and robbed of pro perty to a large amount. Ou the morning of the 13th lost., about tw , &clock', in the Palish of Dalton, and county of Dutnfries,.the residence of ESGLESFZELD SM Esq. was discovered -to be .on fire . ; and before proper assistance could be procured the whole of the building was consumed. COURSE OF EXCHANGE, TUESDAY, Nov. 35. Amsterdam Ditto, at Sight 37 0 Anistei dam Ditto, at Sight II 7 Rotterdam ll 11 2 Us. • Antwerp I I I I Ex.%loue7 Hauiburgh 34 7 if Us. :Mona • Paris, 3 Day's date Ditto • 24 60 2 Us. . Boardeaux, ditto 24 60 Frankrorton the Main Madrid Cadiz ievillo Bilboa 37i Gibraltar Leghorn tlenoa... 4 1 :i -I'e nice Malta ' ..48 ----Naples ' 42f Palermo Lisl.on Oporto. , Rio .1 weir() Dublin... . ..... 81.. ... C0rk..... 8/ per Cent. • Agio of the Bank on Holland.— . 2 per Cent. Portugal Gold, in Coin / .4 0 6 per Oz.. Foreign Gold, iu Bars New Dollar- 1) 5 31„ Silver, in Ears .1621112,... 0........ • .., DIED. Sini(lenly, last night, about eight o'clock, Ur, Ric-bard Comers, of Lombard -street, ziern ew of the late nevcreo "Dr. toit) ers. tlic 2.lth instant, at his residence, Virortorr Hall, 15?... wort ii, in t fifty-eighth yearayt his age, the Rev. Etea:'4 Sect!, 1).1). la!e fellow ul Queen's College, Oxford. 'On Saturday, at her aliarinients in St, James's Palace, la 'the seveuty-eighth year of. her age. Mrs. Augusta Hicks,witioor 01 the late Ororg,e /lids, Esq. M.D. LONDQN: Printed by J. B. CARSTAIRS, of No. 29, Grer.t Ormond -street, Qttern•-.9oare; and publislied . by WI..A• SelllN'S, of No. 7, South Molton-street, at. THE Su: 4 ()dice, No. 112, Strand ; where Ativettisements, Orders - Letters, &c. (post-paid) must be addressed,,