The British Press; or, Morning Literary Advertiser.
London, England, 1807-06-11 00:00:00

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Sheriff,positi rely refused to have any Counsel ; bit
heving re-e!vei the SOW: tie emeloyed a Mt. John
Wo-ii. All attorney, es hit assessot, who actually
acted, during the whole election, as Sheriff's C run-
sel, and decided all legal points which arose upon
toe if toe mast contested elections ever held in Ire.
lent. The' Plaintiff repeetealy proteste 1 against
this appointment, and declared he would not con-
tribute any thing to pay Mr. Wood, whom he con-
, eived tnt4tly iiiedevete and unfit—but its vats;
W,xid ..a. the only Ciene.el the Defendant
would have. He ',Toed that the conduct used dtsrs
ing the Election was to partial, that the Plaintiff,
Sir John liriwne, was ACIVI.ed to dist:onus' se the
I poll, red to present his petition to the irripelial
Parliament for redre.s. Peas petition hid come on
to he heard b :foie the Ce:r.nueee of the
Il,tu.e of
Commons, and an order had been made for the
attendance of the Defendant at the ear, to account
for laic conrhict, when ti;e i quirt' was coved by
the dissolution of Parliament. I Pleintiff, Sir
John tit-tor:lv, had touted repeated applica:ions,
tooth p•rsorstely and by letters, not notice, in writing,
to ihe Defendent, artil were 'midi* i and
reld, loran ace: met iii she uspenst-s of the Esectturs,
and to account w,t:, lti it s•sr the 5001. and us pay
him whatever balance seietie eisis.:er due after de-
ductire his prrsportittis if gross etrusti but
the Defendant had peremptorily refused in any man.
net to account, or to pay ay bah ieiteve
and the Pieintiff had been a:e; ai .y
drivwt:a to the
necessity of him before the. pt
by this
action. lie further st-ited, thet thew was d very
reason to apprehend that the other two Caddies
never contributed a shilling to eerdi. the Election ;
and the demand of so large 5001. from the
Plaintiff, was merely a concerted plan to tert :rim
by the preipeet of esrnse, and dispirit biro at the
onset, from persevering in the contest. But, bow.
ever that fact might be, it would appear most nit-
nilest that the conduct of the Defendant, let it be
considered in either way, was unjust and unconsti-
tntionel. It appeared pretty evident, that the P.aint-
iff was not chargeable for any sum for Mr. Wood,
as Counsel, and it would be proved to dernonstre-
fern, that the whole expeates of the Election did
net exceed 4001. which was to be divided between
the three Candidates Now, if all the Candidates
contributed equally, the Sheriff must have received
a sum of 15001. being 11001. above the expenses,
which was in direct vtolation of the Act of Parli-
ament : and if. on the other hand, he go, 5001.
from the Plaintiff only. and did not receiv.: any
sem from the other Can I da.es, it was manif-st,
partiality. and aho in dire t violation of the Act.
The Plaintiff was procted,ng to call his witnesses.
when Mr. W a t T email e, Counsel for the Defendant.
'Aid. that lie admitted that the' Defendant ned
received 5001. from the Plaintiff, and alto that the
Plaintiff was ju'itly chargeable with a third part of
expenses of the Election. whatever they might
be, in which he was not chargeable for any sum
for Mr. Wood as Counsel; and that the Plaintiff
was entitled to a verdict for the balance ; and he
proposed to refer to three of the Jury to ascertain
what those expenses were.
Phis was redsted by the Plaintiff's Counsel. as
being.* very injurious attempt to prevent a public
investigation of the matter ; that the Plaintiff had
repeeteeiy called for an accompli which had been
always refused ;- and that he brought this attion,
more with a view tax bring the matter before the
riblic, and to establish, by the vt.sditct of a Jury,
the condua which had been observed on the Elec-
tion, and which lie was now deprived of the means
of doing before another tribunal, by the dissolutinn
of Parliament, than any objed he had in recovering
the money ; he therefore vetueed to consent to
any thing bat a public inquiry. and the Court called
upon the Defendant to account for the expenses of
the Eledion.
Mr. Wood was accordingly called as a witness.—
He produced several accompts, which he stated he
bad paid for the Defendant, on account of the Elec-
tion, and which consisted of the hire of booths, pay-
ment of deputies, clerks, poll-books, kc. and which,
including every expense, amounted in the whole to
a sum of 4671. which he stated we, the gross ea-
p...se of the Eledion, to be paid jointly by the three
Candidates.
The Learned Juno,. in charging the Jury. told
them, that whatever impression the case might have
made upon their feelings, yet, as this was not an
elation under any penal statute, but an adiun for
money had and received, they hail not the power
of doing more than hiding a Verdift for the Plaint-
iff for the balance of the 5001. after deduding the
one-third part of the 4671. 4s. 6d. which appeared
to be the gross expenses of the Eletion, to be
jointly paid by the three Candidates ; and accord-
ingly the Jury immediately brought in a Verdi&
for the Plaintiff of 3441. 6s. besides costs.

The altreury, MI i.Laa, for London, is leg at Ja. '
males, in going to join convoy.
Legal Objections to Mr. Deputy BIRCH being
ele&d an Alderman, as long as he continues to
carry on his Pastry Cook Business. Ti.- Oath of
the Aldifrmnn, when sworn in, runs thus : viz.
.. And ye shall tell no manner ot Victual b, It rtayle, We
Ilrembt, Ale, Wyne, Flesh, nor VIM, by your A Iprentise..,
All mei Ser‘anss, ow by Any °that way, nor PPO'itt ,ilAil )0
nom take of any turn mariner of Victual' to oluld during your
office "
This Oath affects other Members of the Court :
Sir Cm • Les Puma sells wine by retail, has done so
fur several years, and takes out a retail license I also,
Alderman l'itosess SMITH vends wine, brandy,
rum, and gin, by retail. Sir Wit.f.i A M CWIIT is con-
stantly sells small quantities of bi,cuit to hk friends.
On Monday last was committed to Yolk Castle,
jean Miutbei/, of Mannintham, near gradford,
wasted manulatturer, against whom a commission
ni bankruptcy had been kseed, for not giving a
satisfactory account of his estate and tied. to the
commissioners.

A most melancholy and distressing circumstance
occurred on Friday, May 29, off the Suffolk want:
A fishing vessel, the ptoperty of Mr.srs. Fliesseaes
and STICIRY, 01 Lowestoft, (the latter being then
master), was unfortunately run down by a ship in a
gale of wind: shocking to relate, Mr. ST k.a V,
with seven men and a boy. have not since been
heard of ; !he boat, with ks nets and materials, quite
new, were alliost. Mr. Wrest. has lert a Wilt
wish six children to bewail his l.iso 'he other risliei-
awn have all telt wives With large families lu gird
distress.