The British Press; or, Morning Literary Advertiser.
London, England, 1826-02-14 00:00:00

COURT OF KING'S BENCH, MONDAY, Fun. 13.

THE LIMO V. JAMES I. S. COOKE.
Mr. TALFOURD In this case moved for the judgment of the
Court on the defendant, convicted of a conspiracy against Sir George
Jerningliam, Bart.
The Court were of opinion that the case was too long to go into
it this day; but said they were ready to hear any application on the
part of the defendant.
Mr. COOKS: then read part of an affidavit,which stated that if his
brother, who was charged with the conspiracy of which he had been
convicted, w?,,s tried at the next Stafford emotes and acquitted, he,
the deponent, would be entitled to have the present verdict against
him reversed • and therefore he prayed that he might be admitted
to bail until after the trial of his brother.
The COURT acquiesced in this request, and said that tl.e de-
fendant should be bailed at Chamber,, finding two sureties in 200 L
each, and entering into his own recognizance of 500/. to carry the
record down to the next Stafford assizes.
THE KIKO V. THE MAYOR AND JUSTICES OF SHREWSBURY.
Mr. Tatrwrox moved for a rule to show cause why a manda-
mus should not issue to the defendants, commanding them to give
judgment upon a plea of guilty which bad been pleaded to an in-
dictment for a nuisance. At the last Michaelmas Quarter Sessions
for Shrewsbury, a gentleman of the name of VI odium had been
indicted for stopping up a certain public frsit-way in the neigh.
bourhood of Shrewsbury, to which he pleaded guilty ; whereupon
the magistrates only called upon him to enter into recognizanees
for his appearance at the I.7.piphary Quarter Sessions, 1827, to
receive judgment, thereby giving him a whole year to abate the
nuisance which could be put an end to in a day. In the mean time
the public had to proceed along the top of a bank which was so
narrow, and the sides of which were so precipitous, that many ac-
cidents had occurred.

The LORD CHIEF Jl` ST IC E—lf the magistrates in their discre-
tion think it right to postpone their judumfon until the time stated,
In the expectation that something may be done in the interim to ren.
(!er their judgment unnecessary, can we review that discretionary
power which is vested in them ?
Mr. TAUNTON said he Wag aware that in all convictions for
ntsbiances, where their immediate abatement was productive of un.
necasary loss and inconvenience, the Court granted the defendant
time. Where extensive factories had been built and were to be
pulled down, or where expensive machinery was to be removed in
order to abate the nuisance, time was allowed ; but here the foot.
path had been stopped up, could be opened In a day, and the public
would thereby receive the easement to which they had a right, and
of which the defendant unjustly deprived them.
The LORD CHIEF JUST IC E.—II seems to us that if we grant
you a rule to show cause, the Magistrates will return that they
think it necessary, in their discretion, to grant time, in order that
something may be done in the interim.
Mr. Tau N Tox said that the Commissioners of the Great Holy.
bead.road were going to do something in this neighbourhood, bat
that would not remove this nuisance. . .

The LORD CHIEF JUSTICE then suggested that Mr. Taunton
should remove the whole proceeding into this Court by artiorari,
and next term move. for a rule to show cause why this Court should
not proceed to give judgment.
Ur. ran x tox said he would take the certiorari.

THE NINO V. THE CORPORATION OF rowElr.

The AT T ORNEY -GEN ERAI. moved for a rule to show Mille why
a writ of mandamus should not issue, directed to the Mayor, Alder-
men and Free Burgesses of the Borough of Fowey, commanding
them to proceed to the election ors Mayor. By the Charter of Incor-
poration this Botough consisted of a Mayor, nine Aldermen, and
an indifferent number of free Burgesses. In 1824 Mr. Bennett,
the present Mayor, was elected, but he held over after the expira-
tion of his year, and consequently there was now no legal Mayor.
Rule granted.

THE KING t. CUNNINGHAM.

In this case a rule to show cause why a criminal information
should not be filed against the Editor of the Engnet Gentleman
Newspaper, for an alleged libel on Mr. N. M. Rothschild, was ob-
tained on a forinp day.
The A TTO n Er-GE:strut now suggered that the case should
stand over until next term, as it would occupy too much time at
pr. ent.
The Loan CHIEF JUSTICE ordered it to stand over, observing
that it would be productive of no inconvenience, as even if the
role should be made absolt.le, the information could not be tried
ut the sittings after this term.

Tin RING v. PARKER, ESQ.
Mr. BROUGHAM in this case obtained a rule on a former day to
show cause why a criminal information should not be filed against
the defendant. a Alagistme of the county of York, on the alleged
ground of ha having illegally convicted a gentleman named Shaw
as a poacher after Air. Shaw had produced a qualification.
This case was postponed on the same ground as the last.

WRAY AND OTHERS N. 1r RAN% LAND,

The ATTORNEY-GENERAL in this case moved for a rule to
show cause why Mr. Ambrose Castles, the plaintiffs' attorney,
should not disclose to the defendant where the plaintiffs could be
found, or pay over to the defendant the mats of his proceeding to a ,
judgment of non-pm against the plaintiff's. The lams were these :
—the plaintiffs, through the medium of Mr. Castles, their attor-
ney, against whom this application was made, brought ac-
tions against Mr. Frankland, who was a Captain in the army, for
certain assaults, alleged to have been committed on board one of his
Majesty's sloops of war. To the declarations in those cases Mr.
Frankland put in certain special pleas of justification, &c., and no
replications being filed in answer, judgment of Iron-pros was en.
tcrcd against the plaintiffs. Inquiries were then made after these
plaintiffs, and they were nowhere to be found ; their attorney re-
fused to tell where they were, and as he had declared that he had
funds in his possession to carry on these actions, the Learned Coon-
eel submitted that this rule ought to go for him to show cause -..hy
he should not either disclose where his clients were, or pay over to
the detimdant the expense to which he had becti put by a vexatious
proceeding.
'Fho COURT were of opinion that they could not make an attor-
ney disclose where his client was, after judgment of nun-pros had
been signed against them ; but they granted the rule as to the other
part of the motion, on the ground A' Mr. Castles having said that
he bad funds in his possession to carry on the actions.

MARKETS.

CORN-EXCHANGE, Illoxmay, FED.I3.

The supply of Grain fresh up since this day week is hut mode-
rate ; bat this morning there was a good show of samples from Es-
sex, Kent and Suffolk. We had but little demand this morning
for Wheat, and prices have declined full 2n. per quarter from last
Monday. There is but tittle sale for Barley, although, to faci-
litate sales. a reduction of Is. a 2s. per quarter would be submitted
to. The Oat trade is extremely heavy, and the few sales ellecivd
were on rather lower terms than last week. In Beans and White
Pease no alteration t but Grey Pease being scarce, sold at an ad-
vance of 2s. to 3a. per quarter.

SMITHFIELD, MONDAY, Fyn. 13.

1 hue a full market of Beef this day, and a great part excel.
in quality, including some turnip fed Scots from Norfolk, and
a general supply also of corn and cake-fed Beasts from various
other counties. This anip.ie supply has prodeted some heaviness
iii the sales, and the trade is generally 2d. Cheaper. We have also
more Sheep than last Week, but the prices of the best Downs have
suffered no reduction ; the large Irincolns, however, are from 2s. to
3s. per head lower. We keep the same, in all respects, for Veal ;
can we discern any alteration iu the Pork Market.