The British Press; or, Morning Literary Advertiser.
London, England, 1805-01-30 00:00:00

°ISLET E. THE COUNTESS 07 CE ANARD.

Mr. READER moved for a Rule to shew cause,
why the Defendant should not be discharged out of
the custody of the Sheriff of Middlesex, upon filing
common bait? The aElion was brought upon a Bill
of Exchange, drawn by a person of the name of
Gilcus, upon the Defendant, who had accepted it.
He grounded this application upon the Defendant's
being a forte ranv.rte residing with her husband. Pie
aflllavit on which he moved, stated, that the Count-
ess of Granard was married to a Mr. Little, with
which circumstance the Plaintiff was well acquainted,
the time of making the arrest, and that it was
known to the attorney also. lie must have been
perfeftly satisfied that she was a widow, for by the
aft of union the widow of peers were entitled to the
privileges of Parliament, he, therefore, must have
been convinced she was afenge-roverte at the time.
Rule to shew cause granted.
Mr. BURROWS moved for a Rule for an Attach-
ment against two persons of the names of Bannock
and Collins, for a contempt in not waiting to be ex-
amined upon a Writ of Inquiry before the Sheriff of
Middlesex.
It was sworn on the part of the Plaintiff, that
these two persons were material witnesses for
him; he saw them at the Shetifs Office at-
tending to be examined as he expeeted ; bnt
the Shetiff being otherwise engaged, a few mi-
nutes of the time appointed for the enquiry bad
elapsed, when they, and the Defendant, after
some private conversation, declared their intention
of going away ; in consequence of which, the She-
riff's Clerk said he would take the enquii y, and ac-
cordingly he took the chair, and proceeded to swear
the Jury, but these persons went away with the De-
fendant to a neighbouring public house, and would
not stay to he examined ' • several messages were
sent to them to attend, but all to no purpose. 'Phis
was a matter of great importance to the Plaintiff, as
he had a large sum of money depending.
The Jury assessed the damages at 2,1501. but it
was sworn, if these witnesses had not been taken
away by the Defendant, he would have obtained
considerably more.
The Court granted a conditional Rule.

COMMON PLEAS.

35115155 r. WATTS.
Serjeant COCKILL 'hewed cause against a condi-
tional Rule obtained by Sarjcant VAUGHAN. that
the Plaintiff should be compelled to enter up judg-
ment on the veidift obtained by him in this cause,
at the last sittings at Guildhall.
The Plaintiff is this aCtion was a carrier, and
brought his anion against the Defendant, who was
a rag merchant, to recover the ►um Of 'A. 13s. due
to him for the use of his carts. The objeCt of Ser-
jeant V AVON AN'S motion was, that when the Plain-
tiff would enter up judgment on the verdia, the De-
fendant might enter a suggestion under the 39th
and 40th of the King. commonly called the Court
of Conscience Ad, which provides, that no person
living, or carrying on any trade in the City of Lon-
don, within the jurisdiEtion of the Court of Re-
quests, shall be liable to be sued in any other Court
for any sum not exceeding SI ; and that if any per-
son shall, notwithstanding that Aa, be sued in ano-
ther Court, and a verditt be obtained against hie►,
jiidgmenobeing then entered up on sach verdift, they
shall be at liberty to file a suggestion on it, and the
party recovering will nut be entitled to receive any
costs, though the sum recovered should exceed
forty shillings.
Serjeant Comte'. produced the affidavit of the
Plaintiff which stated, that he never knew the 1)e.
fendant had carried on business in the City, but ai-
ways thought that he lived in Surry, where he kept
an iron and rag shop. It further stated, that short-
ly after he had commenced this anion, he met the
Defendant on Tower-hill, and was told by him,
that the goods he carried were the sole property of
a Mr. Juder, of Martin's-lane, in the City, and
that he was to pay him for the carriage. Os the
trial, Mr. Juder deposed that the Defendant was
partner in his house in Martin's lane, on which
account he no claims his privilege under the an.
The learned Serjeant argued from this, that the
Plaiutiff was not liable to lose his costs, as it was
necessary that persons claiming this privilege
should have some known residence or place of car-
rying oa business within the jutimiliElion of the

•

the
He,
Mule.
Serjeant VAUGH iwerged the great
of the lidt, which preventni costs from ti
up onloor Mitors, and for trifling sums
Sir tames Mallsrms said, he thou;
required thattbe debtor should be kn
within the jitrisdietion. The other Jud
the same opinion, and the Rule was distal
costs.
II•RIT V. Daum.
Serjeant SHEPHERD, on the pan of t
moved for a Rule to thew cause, why
should not be granted in this case. It tei
fir two libels, tried last Sittings in Lon,
of them the Defendant had put in a Ple
cation, and obtained a verdia upon it ;
he 'pleaded the general iuue, and ha
against him, with forty shillings damag
Serjeant SHEPHERD said, that the lit
the verdict was given against the Plaintif
he had been detected in endeavouring
witness in the Court of King's Bench.
only evide ice that was produced to sub
was that given by Mr. Noy, which, he
the Court, was not sufficient. Mr. IN
that in a trial is the Coto t of King's 134
hord Ktevon, in which Mr. Barry so
there was a man of the name of Jones
witness for the Plaintiff. When he wa
he said his name was not Jones, but Ss
that he had been bribed by the Plaint;
by the name of Jones, as Soloman ss
Jew's name, and that Mr. Barry had v,
struftions as to what he should swear.
count the Plaintiff was non-suited. St
mean, from this, argued at very great
Mr. Noy, hearing this man say what
not sufficient to make out the justificati
ing that he was detected in endeavour;
a witness ; he, therefore, hoped the
grant his Rule.
Sir JasiesNanssiztaa said, he that
tection was fully proved against the 1
instanced the case of a. man being brew
Magistrate, and sworn to by an accornl
ing committed a burglary,from which he
son present might accurately say, that It
in such a crime. But, for the pnrpose
fully discussed, the Rule !girl was gra
Wt ci.ows v. THE :OIYAITIVi how••ca,

Serjeant Ossiow moved, that tin
might be disharged out of con6n'men
a.tion on two Bills of Exchange, and
ant was arrested for the amount. 'll
which he made this motion was, that tl
Granard had been for a long time mar
Little, in Ireland, and that the Plaintil
he took the Notes, well kuew the sam
Serjeant SKSPHSSD opposed her
cause, he said, there was no affidavit
married but her own, and he hoped tb
think that WAS not sufficient, as it wa
solemnity to which there must have t

witnesses.
Serjeant ONst.ow replied, he had
♦it of t;ie Countess of Granard's, whi
until her marriage with Mr. Little sh
pleaded her privilege in Parliament
Serjeant said, he thought it was mad
brother Shepherd to allow her to ►e
account of her marriage, than to be b
the House of Lords for arresting a P
The Court granted a Rule absolut

CONSPIRACY OF JOURNEY MENISK L
Yesterday John Colter, a journ
maker, was charged before the Loan
joining with others in combination to
additional wages. Sir WILLIAM I.
Alderman IlUNTelt assisted his Lord
this affair a long and candid hearing.
Mr. Ka•re appeared as Counsel fi
tion, and stated to the Magistrates
fendant was a journeyman brush•n
been in the employ of a Mr. Smitl
manufaanrer in that business; and
that employ, he and two other fel
had separately applied for a rise i
which not being complied with, all
amount of twelve, had stiwei. It w
ed, that the journeymen brushmaki
into a society or club to maintain ea
out of work. A great number of
called to prove this, but most of then
raen brushmakers, who belonged
who said that their fund was not t.
who had struck fir their wages,
them when sick. After a long in‘
complaint was dismissed, the Magisi
sidering the charge proved.—lt ap
Defendant made in the Last week he
3d., and that some weeks he could
rise demanded was 3d. per doz

avork.

Yesterday se'nnight, as Mr. W
of Lewes, was on his way to Eat
stage coach, he discovered, soon of
Hailsham, that the horses were w
and, alarmed at the circumstance,
himself out, which he bad no soon
than he stopped the horses, and h
the coachman, who bad fallen from
fortunately in vain ; he therefore
co.:eh, and led the horses on to Za
he arrived about three in the mot&
persons were immediately dispatch
the unfortunate man, whom at day
lying dead in a dirty drove-way cc
main road, with his whip close by
it is evident that he received no TY
his fall from the box ; but, in atter
the coach afterwards, through thi
night, and probably inebriety, he
and falling with his face in a deep
water, was suffocated for want of
deceased, whose name was Samuel
pregnant widow and nine childre
loss. fhe proprietors of the coal
sequence of the accident 4 declined
ing the winter months.

eirommuriPonNOPNOMINIII
art of Recites.. Wilms be might be
process of that Counted, by the A
therefore, hoped the Court aftatid di

ARREST OE JUDGE JOHNSON.
imetrti, 3 me. U.
I now send on the full pailiculars of the arrest
and proceedin,:s relating to Jtidge.Johnson, upon
the accuracy of which you may depend.
The Honourable Mr. Justice J hnson. being ap-
prised of the intention of the Irish Government to
have him arrested, under a warrant (issued' under
the 44th of the present King, chap. 9°). signed by
the Chief Justice of England, and indorsed by an
Irish Magistrate of the name of Bell, gave direc-
tions, that any persons who might come to apprehend
him, should, on their arrival at his house at Miltown,
in the county of Dublin, be immediately admitted.
In the afternoon of Friday last, Mr. Bell accordingly
arrived at Judge Johnson's house, accompanied by
a Mr. Medlicott, who officiated as constable on the
occasion. On being introduced, Mr. Bell produced
to Mr. Justice Johnson a paper, purporting to be a
submission to be tried in England, upon the charge
made ag host him, and undertaking to appear and
plead accordingly to the indiftment found against
h:ni in th.p country, before the tst of February Lest.
Mr. Bell, at the same time, informed the Judge, that
the consequence of his retusal to sign this paper
would be, that the warrant would be immediately
executed against him Mr. Justice Johnson declined
to sign it, unless advised to do so by his Counsel,
whom he offered rd consult, and lay the paper before
them, atter which he would give his answer. Ott
this refusal, the warrant was executed by Mr. Med-
boon, in she presence of :fir Henry Jebh, the Judge's
Attending Physician; Mr. Emerson, his Solicitor;
and a Gentleman of the Bar, who happened to be
in the room. Mr. Emerson then demanded a copy
of the warrant, in Order to ground an application
for i writ of habeas corpse; which copy, after making
several ohjeetions,_ Mr. Bell, at length, permitted Mr-
trner son tatake. Onthe arrest being trade, Sir H. Jebb
represented to the Magistrate the very infirm state
Of Mr. Jostles Johnson's health, who had been
closely conSned to his house for two months, by a
paralytic affeetion, under which he is still danger-
ously indisposed; and had also been ohliged,a short
time before, to undergo an operation which required
daily surgical attendance. The truth of this repre-
sent . io.iStr I lenry Jebh offered to certify in any
way that nneit be required ; ani it was requested
that the Magistrate would inform Mr. Justice
John-on of :h- nom.* of his instrunions with re-
gard to him. To this Mr. Medlicott replied, that
they were direi d to convey him to Dublin without
delay ; and, on the Judge's requesting permission to
return to his house that night in such custody as
*bight be deemed necessary for his sofa keeping ;
Mr. Bell 'lnd:nook, on their arrival in Dublin,
to communicate fltii iequeet to the Attorney-
General. Mr. Justice Johatou was then con-
duffed to Dublin to the home of his brother (who
with his family was out of town; and Mr Bell.
having gone to the. Attorney General, returned
in a short time, and announced to Mr. Justice John.
eon that he could not be permitted to return to his
family, hut must he sent immediately on shiphoarch
for the purpose of being conveyed to England, and,
it is reported, that. for the purpose of transmitting
bim without a moment's delay, a vessel had pre-
viously bees prepared. and was lying in deep water,
ready to can on the instant. At the time of Mr.
Bell's return from the Attorney• General's, Judge
Johnson's Solicitor was anxiously employed on lie-
ban or his chest in sia:lig our a eerie of beicas corpus,
with every dispatch in his power, and had proceeded
so far as to obtain the fat of the Clsief Justice of
Ireland. On receiving this unexpeaed order, to
get instantly on board, Judge Johnson, who was
unattended, exi:ept by his physician, arid had left
his house without making any domestic arrange-
ments, acquainting his family with his situation,
or accommodating himself with a supply of mo-
ney, or even with a change of linen, notwithstand-
ing his consternation and alarm, had presence of
mind and address enough to contrive a plan on the
instant, which should prevent his bring hurried so
expsclidously on beard, as to deprive him of the
benefit of his writ of habeas carpet. He represented
to Mr. Medliectt the necessity which he was under,
•for the purpose of preparing for this sudden journey,
to call on some persons; and asked permission to do
an in the company of \lr. Medlicett. This request
being complied with, Judge Johnson gave private
directions to his coachman, that on their getting
Into the carriage, he should without bother mies-
tion or orders, immediately drive to the house of
the Chief Justice. This being accordingly done,
he throe threw himself wider his Lordship's
protettion, who :amused him that he would not
permit his deportation, until the time should be
given for the sealing of the writ, and further pro-
mised (as it was out of office hours) that if the seal
of the Court could not be procured, he would affix
his private seal to the writ. Shortly after, his So-
licitor had the writ duly perk led and served. Mr.
Justice Johnson was accordingly brought up on Sa-
turday to the Chief Justice's chamber ; where, on his
Lordship's request, 1 Norhury and Avonmore,
the Hon. Barons George and Smith, and the Hon.
Justices Day and Finucane, attended as Assessors on
this important delibeiation. Judge Johnson's Coun-
sel, on the ground of surprise and want of prepa-
sositon, applied to have the argutnent postponed
till Monday (yesterday) ; and, towards inducing the
Court to grant the application, letters written by
Mr. Marsden and Sir Evan Nepean to Judge
Johnson were read ; the nature of which appeared
to make great impression on the Judges.—
The business, was, however, broken; and the whole
of Saturday, Monday, and this day, have been taken
up in hearing the arguments of Counsel on both
sides ; in the course of which their Lordships de-
clared, that they considered the question as one of
the most momentous, in a constitutional point of
view, that could be conceived. Late on this day,
the matter was adjourned to the King's Bench, on
account of a difference of opinion amongst the
Learned Jniges, who assisted the Chief Justice.
—But, as the room was cleared, when the argu-
ments were closed, the,. opinions have not trans-
pired; nor is it konwn whether the majority
of the Assessors were for discharging or remand-
ing Mr. Justice Johnson.
These fads appeared before theCou tby affidavits,
which, noLeentradifiing the return of the writ, were
received; and which were net answered by the
Wows.

Y

..~-•~--

..,,..,

COURSE OF EXCH4
Amster.' be 6 U.
Ditto at Sight 3 10
Rotterdam, c. f II I I U.
Hambiargh MI 6'Wl7.
Alton 3! 6 24U.
Yarn...
Dam 2 us U 10

Sourditaux IS It

Cadiz —ui Pape,
Ditto
Plartml
Ehtto 331 else.
R011.. a

Leghorn 49.
Naplet
Dublie ea London (Jan.