The British Press; or, Morning Literary Advertiser.
London, England, 1824-11-23 00:00:00

COURT OF KING'S BENCH, MospAY, N0v.72.

CLZMENTSOST V. WILLIAMS.
Mr. Dzirxas inov..4 for a Writ of Pre:itlotion, to restrain the
Arches Court from proceeding farther in this CAIV4C.
It appeared that the Churchwardens of the parish of Trong, in
the Diocese of Lincoln, drtermined on making certain alterationa in
the parish church, which, to the maisri•y of the parishioners,
seemed unnecessary: and they aceordiitgly expressed themselves
to that eftixt in vestry. The Churchwardens, notwithstanding this,
did make Ow alterations. 'f he parishioners considering them no
longer tit to till that office, Mile to the resolution of removing them
[runt it. For this purpose it became necessary that a vestry should
be held. And the Agth George ID. requites that notice of such
vestry be given openly in the church. Ills (31r. Denman's) clients,
to comply with the provisions of the statute, proceeded to give
notice; but during the cessation of divine service, he was imme-
diately arrested by I_ lementson, foe a pretended breach of the
statute of Edward 'VI., "against brawling.' For this Williams
brought an scrim:, and recovered nominal damsges. And now he was
cited in the Court of Arches to answer for this pretended breach of
the statute of Edward VI. Ile (Mr. Denman) further conceived
that the cave could not came within the jurisdiction of the
Arches Court, except by way of appeal from the Bishop of
Lincoln. _ _

-----
The Court granted a rule to spew cause.
THE ZINO V. COOX•
Mr. TAVIITON prayed the judgment on the defendant. The
case, he said, stood over since last /1 onday, to enable the defendant
to put in affidavits. He complained that the residence of thedefen-
dant c.eild not be discovered ; it had been said he was sick: if so
he would not press the case at present. but must expect that •
physician be admitted to se: him, and the true state ~f his health
ascertained.
Mr. CAMPBELL. for the defendant, produeed the affidavits of
his bail, medical attendants, and nurses, all declaring the defend-
ant's health to be in a dangerous state.
TA .7 NTO:1—W111 the Learned °Mikhail consent that a
medical person from us should visit his client ?
Mr. CAMPBELL said, certainly; and that be hoped some service
might be done to his client by their physician. (A laugh.)

_
, . .
Judgment deferred.
LIBEL ON THE MARQUIS OF HASTINGS.
Mr. SCAR LETT moved for a rule, calling on the Proprietor of
the :tondo, Vows to *hew cause why a criminal information
should not be tiled against him, for a libel on the Marquis of
Hastings, contained in the number of that Journal published on
the 2.5t1t of January last. Considerable delay had been occasioned
in making this application, on account of an informality in the
affidavit of the Noble Lord, which wax requisite to sustain such an
application. Accordingly, it was found necessary to wait until
commutdeation was had with the Marquis of Denting% and an
aides it prepared which it was competent foe this Court to enter-
tain. The affidavit on wiiich he now moved was sworn before the
Chief Justice at Malta, and signed by him. It was directed to
this Court, and in every respect drawn up in a suitable form to con-
stitute a proper ground for the present application. He was desirous
of offering this explanation, for the purpose of pointing out the
reason why an application was not earlier made to this Court. The
paragraph on which he moved appeared in the Sunday l'imes
of the 25th of January of the prrlonit vent. It was headed—
" Threatened Impeachment of a High Personage." It was to
the following effect :
" Some important discoveries have recently been made at the
India House. One transaction involves a deficit of upwards of
three himdred thousand pounds. A person of elevated rank and
political importance is alluded to, to terms which bespeak the
feelings of the merchants of this great commercial institution.
Already has the Court of Directors negatived a motion to grant a
pension of live thousand a-year to the late Governor-General of
India. We are in full possession of the facts. but prudence, as
well as justice to the panics concerned, command, foe the present,
silence." . . . . .

In the of of Lord Hastings. his Lovilship deposed, that he
believed this paragraph was intended to apply to him, and that he
was the person meant or allude.: to by the writer. He further de-
posed, that during the time which he held the situation of Dover-
not and Comnian ler in Chief in India, from October. 1813, to the
close of the year 181:0, there was not a deficiency is his accounts to
the amount of three hundred thousand pounds, or to any amount
whatever; that no charge was imputed to him of any deficiency in
the public money ; that he did net partake or participate in the ap.
promiation of any money for his own use, to which he was not
entitled ; and that he not only declined to make any improper ap.
propriation of money to himself, but that he frequently gave up
several sums to which he was entitled, because be remit' his claim to
them to be drawn from usage, and not to be sanctioned by
actual right aed authority. His Lordship further deposed, that
'there was no impeachr,ent intended to be moved against him by
the Directors and Proprieters of the Esst India Company, and that
no imputation of that kind was connected with the proceeding of
the Directors relative to the pension which it was supposed to be in
the contemplation of the Directors to allow him. Here was a most
emphatic contradiction of the charge contained in this paragraph ;
and every allegation and allusion in it, as applicable to lard
ilastiree. was talse and without timmlation. len these grounds
he pubtuitted that he was entitled to the rule for which ha
apid
The LOAD CHIEF JeSTICE inquired if the Learned Conn-
srl rat prepared with al aflldevit as to the identity of the pro.
pite.nr ataihst shorn he moved.
!Ir. SCARLETT replied in the affirmative.
The LOUD CHIN!' JUSTICE.--Take a rule.
THY CIXO V. WATSOX•?D BLISS.

The defendants were called up for judgment this day. They
had been found guilty of an assault on Mann, at Bethnal-
peen. It appeared there wart an election in Betlinal.green parish,
which created a great deal of heat and irritation amongst the pa.
rishioners. The successful candidate was 3lr. Bruttom whose par-
Osans the defendatts were. They, jointly with his other friends,
eommemorated the victory by a public festival, and in the evening
of the day of the festival there was a display of fireworks in a gar.
den, at which the friends of Mr. Brutton, and, as it was alleged by
the prosecutor, the parishioners generally, were expected to attend.
The prosecutor was active in iris opposition to Mr. Brutton ; he
accompanied a Mr. Derringer to the gardens, who had a ticket of
admission tor two persons. The prosecutor Lad not a ticket, and
was thrust from the dour by the defendants, who officiated as stew.
aids fur the day. 'This constituted the assault, and it was further
complained of by the prosecutor, that one of the defendants rubbed
his knuckles across his mouth, so es to cause his gums to bleed.
Mr. BnocullAm. on the part of the defendants, offered to alio-
logbie to the prosecutor fix the assault, which they now swore they
deeply regretted, and which was committed under a mistake. Be
was the more anxious that this should take place, as an Act of
Parliament had been introduced last Seseion, which wee cal.
culated to allay the beats end animosities which unfortunately
revelled heretofore in the parish of Bethnal-green.
Mr. Se AAAAA Tien the rut of the prosecutor, declined to accept
the apology.
Mr. Boot:Guam then proceeded to address the Court in miti-
gation of punishment. The case was one that might hare been
with greater propriety arranged in a Court of Quarter Sessions,
than introduced into this superior Court. The assault was very
trivial: it merely consisted in a thrust, which was certainly suffi-
cient to warrant and sustain the verdict. It was suited that some
violence was offered by some person putting his hand into the
prosecutor's mouth ; but it tint not appear by whom this was done,
it haopened in a general sent Mr, and was not brought borne to the
defendant. lie was satisfied their leirdships would sec that this was
a prosecution brought and persevered in, less for the purpose of I
promoting public justice than of obtaining a victory by the panic'
sans of one party over those of another. The assault was unpre.
meditated; it occurred from a miaapprehension on the part oh the
defendants. They now deeply regretted it; and under thee. cir-
cumstances, he hoped their Lordships would deal leniently with
them.
Mr. C. PIIIT.I.Irs addressed the Court on the part of the de-
fendant Bliss. There was this feature in the case favourable to
his client; 112 was not accused even of having been the person who
rubbed his knuckles across the mouth of the ow.
Mr. SCAIILETT reied. He had proof not to have the de-
fendants brought up for sentence, if, previous to the trial, and sub.
frequent convictioo, they would make a suitable acknowledgment
and apology for their cooduct. This they refused, and from that
day until the present they would not make any offer of reparation.
They now expressed eamtritioo ; but he doubted the sincerity of
that expression, for as soon se it failed. their Counsel was instructed
in vilify the motives, and attribute improper feeling% to the pro-
secutor in bringing this prosecution. His client preferred trial in
this Court to one before Justices at Quarter Sessions, as in par .
chial matters heal iute.-ests sad partialities may sometimes taut.