The British Press; or, Morning Literary Advertiser.
London, England, 1824-01-31 00:00:00

LAW INTELLIGENCE.

COUIT OF THE DUCHY OF LANCASTER, .Lax. 31.

'TUB 11E0 a. CLEMENTS.
BIGHT OF PUBLICATION.
This day VIM appointed lo the hewing of ortolan in the apt
Vet •of Mr. CUOMO% prepnetor of the Obserser newspaper. A
cam imposed an bin eV mieL for the emparle publication of
tlewood's tried, matrary to the injonctionot the bcirneti Jude-
,he presided at distils& As the line was to have oven pakl to
the Chancellor of the Duchy of Lancaster, the Court over which
he resift* was the proper tribunal before whicb on appeal should
be hewn' for a Meese from it.
The ease excited much Interest, from the helper:wit point in it
relative se the right of publishing what occuts in a routs of justice !
venom to the termination of the whole promettings.
At twenty minutes past eirose o'clock Lord Bent a v ,Chaneellor
tet the Duchy of Inereaser, supported by Mr. Justice Balmer
not Mr. Janie! HOLEOTO, extend the Coon, which is a lOW,
flalall, and inconvenient rosin adjoining Westminster Hall, anti]
situated at the eastern extremity of the building.
Fee the publication of part of the proceedings of the trial of
• 11;•devrood and others. for the Cato-street high treason. Mr.
t 'foment, on the motion of the Attorney-Ceneral Sir R. Helfand,
Kt, • .toinanad befsee the Conn, and not appearing, was fined
tilii. QT : Moe was levied by the Court. of Exchequer, of which
l,set ler-tk7 was then Chancellor. Pe.,ides the rooms we have 1
is:r, Ay :zsigntsl for having the discussion take plate in this ,
C.' As. irr, behove the transfer of the discussion from the Court of
Sack mier to that of the Duchy of Lancaster, arose hem the
•••/(EriaAree that the office of the Obvereer, on which !helm ems
Mok t, in situated within the precincts of the Savoy., width forms
iIV of :he Duchy of Lancaster. Mr. Clement afterwards bring.
Om erne by appeal before the Duchy Court.
At men as the Court met this morning,
be CONNOR SERGEANT rom.—My Louis, I em instructed
somd .an humble application, fee the postponement of this dia. l
co ism This application has bona induced by circometances ;
ob4b. have taken place within to lest few days Who shwro.
Wit appwl bid been determined ape.,iisu jeneral retaken was sent
to ggr: tauten, to mpge him as fur my chest, Mr. tie- I
met. Op en intimatien being rank so him that the present day
Wm appointed for the
the
jam,
in this appeal, Mr. I
Memel wasishemed, the derk of Mr. &erica, that he
could sot take a brief on bin us he was Attorney4kneval
far the County Palatine of Le could not therefore
tl
himself in Mr. Cl.nnent, lest hb serviette might be requirer g;
these etrwhom he considered theta MOM e•pecially engaged. An
intimation hail been made to him by Mr. ilitwhin. solicitor for
the DucLy of Lancaster, in this mull!, that his services would he
weeded t however, a second intimation was made to him, which
ovumuldrated that his assistance would not be required. There-
upon. Mr. Clement again sent to him, and on leaning such a li-
mes was prescribed fy the tumid forms, he consented to appear
lee Mr. Clement. It was not until Wednesday that he ass aware
that he could yet have the protissienial services of that gentleman.
Mr. Soarlett, however, could nut undertake the discussion of a
question so importune as the prcient, without more time than the
interval between the present time and that when he received his
brief allowed him. ender there circumstances. I hope that your
Lordship. will not press this dimension immediately, but that you
w:11 give time for tile preparation of Mr. hearten, and appoint
some futdre and movement day.
Mr. Janice BATLEY—What time on Wednesday was a brief
to Mr. Swint ?
hid
The Consort 8 ggggg ET—Not until ten o'clock at night.
The ATTORNEY-GENERAL said that he saw Mr. Scarlett in
Court yesterday, who, on monies of the subject, said there was
some prole ...hoot it which he could not peeenely explain.
The CGIINGS SZSOCANT said that the brief was now ready
for delivery to Mr. rkarlett, wits was willing to receive it, and
would be prepared to snow to the cause en Monday next.
The Avrotetv-Oeicmcx—As kw.oificar of the Crown, I
am unwilling to offer any obstruction. If it be thought necessary
that Mr. /scarlet should he had on the other side, I am unwilling
N mow an application for hearing him.
Mr. Justice hat- LE r said there would be great diffealty in ap-
pointing soy other day.
Mr. BaaI:GUAM suggested dot Monday would be a dies nos,
sad that it might be appointed for the hearing of argument in this
010.1.
Mr. Justice B and the Avvoastv-Ortnenat. wireof
minion that Monday would not be a convenient day fee the purpose
of entertaining this eiseusslon.
Mr. Justice B them inquired it We appall wage not
fatly to occupy several home.
TOM cc
8 ma it .a 1.111 lot *et It
would probably occupy lase dine by the essekressefflie. &aim
(11 /-
AssTimwirsznas,—l cannot Molognomi by what
plieslgh et yea hold halm *Mu&
Mtn Jostles vtahrr.Bat lOm
Aloe Mali farther big absseisthoslian goo&
• The CAANCAL Lea (Lewd Baby) Bigamist he
_Caere until the
Bleb
pad is sr ifis Stlawasg at
Aktproon.
bait ph tee eft,Wallet hew the sp-
sppeints
TM A -Cintrx Mr. v vutitaLo, and trae or
terequeers Counsel appealena t,d
en behalf of the Comm Meows.
BILOINGRAII. DENMAN' aid PLATT for Mr. Clemoo.
• The adlowing is the aUdavit on which the leis/ was past-
osed t....
DUCHY OF LANCASTINR.
hlscisestwes VACATION, 4 Ono. 4.
TILE KING la WILLIAM CLINERT.
PhIDAY, Jan. IS. 1 Upon reading the petition of William Cl..
I .of the Strand, praying for a remission
di a elilrilae et lam!toggling PannbilOyeseS tows him at the
enliztlista.... in
imirezeinytbe
illillertelge of hie
taste
u% sad
in tit die=
esselypiasiag sad
the whin of Arthur istlewood and Japes ay. he high smash,
yarding the proreedinge.sptinat lobo Theemil Illmoll old schwa,
sod which said tine having been astreatall itle•llis ONO by the
erect of the Court of Examen, bail bean IWO by paha
'der the the seal of this Court, tearing date the galley st Jane last,
to the Sheriffs of theonnity of Middles* he hod peewees;
lair to
that the matter et the hid P. 1115 he. woming is
Abe said Petition, heard by Gomel befesell d • Llffillsisip. the Chen-
AWN, and the Council of Ibis Court. at Walklittlint. Wit Fri-
Ay, Ms Oth day of Jesus!, instant, at dem edeek la the
eireneea. BEXLEY.
The following is the affidavit upon which the swatter of the said
doe tea been adjourned :
IN THE COURT OF THE DUCHY CHAMBER OF
LANCASTER.

IN TSZ DIATTII OF TEE FIZZ Ott WILLUSCLZSZNT.
William Robert Jima, o Rly.place, in the sfm of Middle.
sew, Gentlernsa, Attorney bir the ITO•OosziloO
seketh oath and said, that hp_ thOdielliell of said William
(Zintent, he, this deponent, did, our sopplimifieve a general
evader to James Howlett, El* ens ohis y's Counsel,
kearnedin the law, for and ea basil of the said Mem Clemcnt.
And this deponent saith, that the said Waist Clement ex-
pressed great anxiety to this deponent, that the ambiance of
the said Mr. Scarlett should be obtained on the mpsossot ap.
foliated in the master of the above-mentioned Ims sad ac-
saidingly, he, this deponent, early in last west siseeded at
dm Chambers of dr said Mr. Scarlett, and Zagliwho% clerk,
that a brief was being prepared, and would be with ;
.deutthe clerk of the sod Mr. hearten entertained • ephedsee be
ehegaid Air. Scarlett (being Attorney-General for the Consty Pala.
San of Lamcasta) coal inosistendi hold a brief for Me. Clement
ismeser, aid visited to consult bir.Searlett thereon ; and he
smwt therefore eassidered it proneeireak fpply for ll_
woo wadi Mr. Scarlates sentiments were abc.lhel. And this de.
peindt ask*, that on his second apOication Is the clerk of the raid
lir. Saida ea tits this- deposer was informed that tits
solicitor for the of brawler had been him, and
claimed the awl' . Scrim on habil( of achy, and
that he hourly ex bsief to be delivered, and r. Scarlet's
nisei also in&rted tit' nt, that Mr. Rowlett It himself
tossed to the " the adisiser di* of Lan-
liregatneliw in
awirrksr- this
at late t
tint the Solicitor of the Ducby did net istendmatur
ris/ So lb Sterhat 4 and this deponent immediately his
insioms to ascertain the fact ; and about five o'clock in the after-
noon of the said Wednesday, this deponent was informed by Mr.
Mischin, acting as Solicitor for the Lochs of Lancaster, that he
W net delivered, and did not intend to deliver, a brief to Mr.
heaviett, in consequence of an Intimation being given to him that
4,e (Mr. Hewlett) wished to avoid being concerned either for the
Drolly or for Mr. Clement ; and this deponent saith that he ironic-
diately instituted an inquiry as to the accuracy of this understand-
ag, on the pet of Mr. Slinchin, and late in the evening of the
said Werbiei&y, this deponent was informed by the clerk of Mr.
*Scarlet, that it was a misunderstanding on the part of Mr. Min-
din; that he (Mr.Searlett) .tad no objection to Ist,kl Mr. Clement's
brief, but that it was then too late for hint to receive it, to do Mr.
Clement any service, as he should not have time to pay proper at-
tention to the matter. And this deponent smith, that the said Mr.
Clement bath repeatedly expressed peat anxiety to have the assist-
IOC(' of Mr. Searlett as his Counsel. And this deponent, imme-
diately on lemming that the said Mr. Swim was not to hold a brief
on the part of the Duchy, offered him one on the part of Mr. Cle-
meat ; hut, as the said Mr. Scarlett informed this deponent, he
declined accepting the same moldy on the ground that the shortness
of dna, and his other engagements, would not allow him to pay
that attention to the matter which it required. And this deponent
meth, he path neard and believes that the said Mr. hearten would
wend the Court in this motion on Monday next.
IV M. ROST. JAMES.
Swam in Court the 30th day of
January, le4—By the Court. I