The British Press; or, Morning Literary Advertiser.
London, England, 1824-05-01 00:00:00

FIELD SPORTS FOR MAT.

We copy the following article from the very attractive
Number of the Annals. of Spirting, which will be published
this morning:—
If we except the pursuit of the otter, Field Sports may be said .1
le have closed for the season ; for, although Angling and Rook- 1
!Mooting arc both carried on in the open air, thee do not strictly : ,
come under the denomination of Field-Sports: and killing a May-,
fox, formerly practised, her foe some time put been abandoned by , ,
general consent. from a perfect conviction, no doubt, of the injure_ ,
oats it ndeney of destroying bitch-foxesin a state of gestation. 1 I
Those sportsmen, however' who ate not disposed to watch the
float, to spin a minnow, or throw the fly, may find smusement
the greater part of this month in Hook-Shooting. Young rooks ,
will be found most likely in abundance, and, front the early spring, , ,
will present themselves rather sooner than usual. Rooks are
among the first of the feathered tribes to feel the annual re- es of
desire; and though they generally build their riestratut of the reach j
of schoolboy depredation, yet their breeding is affected by the we*.
ther. Very high winds are what rooks bees most to dread their
nests, it will be recollected, are always placed on the tops of the
highest trees, and that too at a period when the leaves have not shot
forth, consequently they are exposed as much as isossible to the I
boisterous element, and the habitation so laboriously prepared for
their young is often blown from its place. if such an untoward
circumstance happen during the period of incubation, the old birds
very rarely, if ever, attempt to re-establish their aerial edifice, at
' tort ter that season ; but if the nest be blown over before the fe-
male has deposited her eggs, the damage is immediately repaired'
with the most unwearied perseverance and industry ; cot is it a I
little extraordinary that the female should thus be able to proms-
doste the period of laying. Vet, notwithstanding the elevated and
exposed situation of the rook's nest, the eggs and the young are less
affected by wet weather than might be expected. Ily way of illus.:
tration, we have to remark, that a carrion crow built its nest near
the residence of the writer, in a very exposed situation ; in the nest
the female bird deposited four eggs, and thous h during the period
of incubation more than an ordusary portion of rain fill, yet four
t ming once were produced.
As far as relates to the table, young reeks are, in the estimation
of many persons, equal to pigeons • but this point we will leave to
the decision of epicures, as, in the opiqipti of the sportsman, the
plmsures of the table sink into nothinignesa when compared with
the delights of the field Hut when we consider rook.shooting
as a diversion, we can only regard it as a sort of pastime, when
higher treats are out of the question.
In regard to the breeding of partridge., it may be observed, that.
from the reasons already given (the ens of the winter and the
early spring) the birds pried /ether ' than usual ; and of
opea
course, supposing the weather to continua
nue ,
_abundance of young
partridges may be expected in the beginsisg of June.
Young pheasant, seldom appear so early la young partridges,
and as these birds generally choose situations better defended from
the weather than those in which partridges' nests are found, so they
are less liable to sustain injury from throe atmospheric influences
frequently so detrimental to the hopes of the sportsman.
The season has no doubt been favouralsla,to the propagation of
Hans. On the rah ot February the writer was coursing on some
marshy land in Cheshire, in company with several others, when
three hems were killed,one of which waste fez advanced in a state of
gestation, that the young (two in number) were perfectly formed,
and were killed no doubt by the bite of the dogs when the hare
was caught. On the 13th of March, in training a couple of young
pointers, we found two very small leverets under some bunches of
faded grass.
Though the spring has been early, yet Woodcocks appear to
have lingered as bete as usual in their return to the north or other
regions,* u in the covers t bout Crosby H all, on the sea-coast, near
Liverpool, several of these birds were seen at the end of the month
of March.
The gulls, and all those sea-birds which build among the rocks
on the boldn parts of our coast, and the shooting of which forms
a sort of aquatic amusement in the months of July and August,
are, for the most part closely occupied in the progress of incuba-
tion ; and although the art of sitting upon the eggs would appear
a very sedate business, yet their eyries, or nestling habitations, pre-
sent a very busy scene, as the males are constantly approaching for
the purpose of feeding their sitting mates. Millions of these birds
are heard screaming with discordant nous foe months together,
and the noise and seeming confusion ars very great in the early part
of spring, when battles arise for the possession of particular Etna-
dons : when the colony becomes completely settled, that vociferous
contention which at fiat prevailed seems altogether to subside,
though much screaming still continues; during the period of feed-
ing the young, however, the noise is much greater than at any
other time. The gull is a voracious and a very bold creature, and
the quantity which a single bird will devour is truly astonishing.
At this season it behoves Gamekeepers to be on the watch foe
the glead, or kite, the buzzard, and indeed foe all kinds of hawks ;
the hubby, in some parts of England (chiefly the north), may be
observed darting like lightning semis the fields, endeavouring; at
the same time to hide himself from observation by flying only a few
yards from the ground. Owls, too. are very detrimental to young
Name, the brown or wood owl in particular, the nests of which should
be asretally sought, and, together with the old ones, utterly de.
oweyed. The sparrow-hawk and the kestril, common enough all
over this country, deposit their eggs in the old nest of a magpie or
a crow (in the absence of rocks or old ruins), underneath which
will be found, the same distinguishing indications as mark the
pestling retreat of the buzzard. The bustard seldom lays more
thsn two eggs, and it often happens that on. young bird only is
producel. The kestril, the sparrow-hawk, and the hobby, lay
from four to six eggs, but the young seldom amount to more than
four in number.
Ravens are likewise very injurious to genie but ate chief! met
' 'diktat thelelOOT. awl in steantainerae soolliaaa 4110,
build principally on the ledges of the NON their auto are mow
times seen ;laced upon the butt of a lame tree, where the hewer
branches shoot finis it.
The carrion crow. scarcely half the sins of the raven, Is, ac-
cording to its strength, equally predacious, as It is a great destroyer
of the eggs as well as of the young of game of all kinds. The rook
is not without suspicion ; this bird will destroy the eggs of the par-
tridge or pheasant, or indeed the eggs ef any other bird which falls
in its way, but there is perhaps no reason to suppose that it will
strike the young.
The magpie is extremely mischievous, and ought on no account
to be spared.
Of the butcher-bird, of which such terrific accounts have been
given, the writer knows nothing from actual observation ; though,
if we are to believe those who have written on the subject, it feeds
on small birds, which it seizes by the throat and strangles in an
instant.

Asa caution against poachers, it may be mentioned, that wild
ducks, though in general the shyest birds in nature, are easily ap-
proachable at this season. These birds are generally found in con.
siderable numbers Mitring the winter, in the marshes or upon some
extensive sheet of water. and take wing oo the most distant alarm ;
they can then only be taken by means of decoys or snares, or shot
during their flight morning and everting. But the ease is different
in the spring; at this period they pair, many of them quit the large
marshes and waters and betake themselves to such pits as are fring-
ed with sedges or sheltered with trees, or both, for the purpose of
forming their nests ; they attach themselves to such places for se-
veral weeks before the duck deposits her eggs, and during this time
of courtship are very inattentive to their own safety; they will allow
themselves to be very nearly approached before they rise ; and even
when on the wing, instead of making off, they will sail once or
twice round within gunshot, and of course are easily brought
down. No sportsman would think of shooting them at this sauton,
but poachers hesitate at nothing when an opportunity offers, and
therefore cannot be too much guarded against.
A ant.' N Is the angler's delight, affording abundance uf
sport. Bottom and fly tackle ; natural and artificial flies ; various
sorts of worms, cads, and gentles, are now in requisition; for if
the weather be genial, all the various species of fresh water fish will
move and feed (rack and pike excepted) in rivers and running waters.
Barbel, carp, chub, perch, roach, eels, trout, and grayling, take a
bait freely, morning, noon, or night. Trout, at the latter end of
this month, are in good conditiea, and after they have fed a week
or two on the May-fly, they are eten indeed choicely well-fiavouted,
fat, firm, and juicy, and well worth the acceptance of a friend,
and all the skill and exertion of the angler to take them. Many
gudgclant still remain full of spawn during May, and for the tabk
are nearly equal to smelts, if they are large, quite fresh. and well
cooked. Eels and flounders also continue to repay the trouble and
perseverance of the experienced bottom fisherman. Towards the
end of May, the small and beautifully-spotted little fish called
skeggers by the Thames and Lea anglers, will rise at a fly as the
weather and water become warm • they will also take a red worm
freely, but this is not yet allowed ;
owed river Thames, the fence
months not ceasing till May exploits. This delicate flab is
brcoming very scarce in the Thames; and is nearly extinct in
the river Les, where, some years since the writer was accustomed
t t kill many dozens daily for a few weeks in May and June, with
a paternoster-line, especially in the Pool and about the mills at
Bromley. In ponds, carp and tench are now found among the
fresh growing weeds, rushes, and sedges, and will seldom refuse a
clean, well-chosen bait, if offered neabd skilfully. Night-lines
for eels may now be laid in ponds, pool's,docks, macs, broads, &c.
with every chance of success.

LAW INTICtLWENCE.

COURT OF CHANCERY, AralL XL

Here the Solicitor stated Mr. Ilickersteth was in Court ; but
The LORD CHANCELLOR called on Mr. Hart to continue.
Mr. HART said, as the opposite Counsel was not allowed to
he would also be silent, and would leave the mattes to be
ended by the affidavits of the parties.
The affidavits were then handed to hie Lordship.
MARSHALL AND HOLLOWAY.
Mr. HART asked for leave to refer to the Muter if it would Ret
be of advantage and benefit to the infant's estate to have linens/Hi
appointed to the trusteeship of the estste, he receiving composed=
far his time and trouble. A principal part of the property was
situated in Pall-mall, and the Opna-house was a portion of it. The
umateehip sought for wu not the management of the internal re-
plied's and economy of the theatre—it wee merely for the purpose
of collecting the rents, and taking care of the landlunl's pro-
late Loans ('HANCELLOR Was well acquainted with the delicacy
and difficulty of such a mr nagement. lie did not know how he
was to dispose of this applicants..
Mr. HART said, when he stated to his Lordship the facts of the
ease, he trusted he would assent to the application. Mr. Crofts was
the confidential agent of Mr. Holloway, owner and proprietor of
the Open-house. The trustees appointed by his will to the pro-
perty were Sergeants Marshall, Lawn, and Mr. Holloway. Ser-
geant Marshall was dead, and Mr. Holloway did nut accept the
trust, ea be Gould notarised to devote his due and attention to the
matter without compensation. This he could ace receive if his
• meet were not beneficial to the estate.
Ittr , for the minors, had no olgoction whatever to the

leference.
The LORD CHANCELLOR said this was a delicate matter. It
was wet clear to him how he WWI to act. When a man accepted a
vehostery trust, be could not resign it at once, neither could he be
allowed compensation unless he were beoeticial as a trustee to the
estate. Trustees were empowered to appoint others, and pay them
sat of the estate, but they could net pay themselves.
Mr. StionEx said, be was ready to admit that Mr. Crofts netes
ageglthe ancation of trustee.
.ORD CHANCELLOR said, *trustee was bound to repudiate
the trust reposed in him by a deed regularly registered. Let Mr.
Crofts divest himself of the trust in a regular formal manner ; he
will then be as indifferent to the estate as any other individual in
London. He wi►l then be competent to go before the Master, be
Prlnand appointed.
tdmen NY said, he could not refrain from commenting upon
seine made for a private box at the Opera.
Mr. HART admitted the sum was excessive; it amounted to
5781.

The ',nap CIIANCELLOI---YO4l are in the wrong box there,
Mr. Hart.

Mr. RAITHRY—Me is, my Lord; for he has given an opinion
against the trustees.
Mr. Haar —I ma, be in the wrong box so far, but I do not wish
to be boxed about in this manner. The fart waa, Mr. Sergeant
Marshall was in the hahit of frequenting a particular box, and he
procured a free ticket.
The LORD Cuaxcitu.oa--What business had a Sergeant in
such a place ?
Mr. HART was ready to admit that Learned Sergeants were like
other persons; they were sometimes found In places where they
bad no right to be. The Learned Sergeant might have gone each
night for half a guinea, and he was charged 5781. This charge was
excessive; it was a great hardship.
The LORD CHANCELLOR was of opinion it was too much ; he
would look into all the papers to-morrow.
The Court adjourned at half-past twelve o'clock.

VICE-CHANCELLOR'S COURT, Aram 30.

MOON V. LEE.

The defendant had put in a plea of abatement for non-joinder of
proper parties, and it was objected to this plea that there was not a
sufficient description in it of the party who ought to have been
joined in the suit, the name alone being inserted; and it was
contended that the additions of rank and residence were also neces-
sary.
A number of precedents were cited by Mr. Put I.l.lwoat for
the plaintiff, to show the validity of his objections.
Mr. liwtortw, for the defendant, adduced a case from the Seven
Term Reports, where in a similar plea the name alone had been
inserted, and, on argument, the additions were held to be unneces-
4ar'Phe Vick-Cuss(' ri.Lott was of opinion, that if it could be
shown that, by the modern practice in the Courts of Law, such
additions were not considered as essential, it could not be expected
that this Court should adopt a more strict course in its pleading*.
But still, if the plaintiff was desirous of having the matter argued
by Gentlemen fully acquainted with the modern practice of the
Courts of ('.amnion Law, he had no objection to allow the case to
stand over for it.

Mr. PIIILLIMORT said that he would take advantage of the
delay which his Murmur offered, and would consult his cheat.
The matter accordingly stood over.

COURT OF KING'S BENCH, Faber, Aran. M.

• It is Pernewhat doubtful whether woodeodts direct their count
northwards or otherwise when they leave this country, as they are
met with in the hot lat. les to the south, as well as the frigid
regions of the north. Where there is abundance of insects, wood-
cocks and snipes are generally to be found.

fillings at Iffestotiorter, before the LOUD CHIEF Jurrici: mad
Special ✓rrk:.

DOWLING V. HICHI.

Scorch ANTIQUARIEs.—The Society of Scottish Anti-
quaries lately heard two very interesting original historical
documents read by Mr. Macdonald. One was an order
signed " Bundy," for the disbursement of 401. for per-
fuming (or embalming) the body of Henry Darnley ; the
other was an order for providing suitable mourning for the
Queen, and was signed by her own fair hand. Copies of
these very curious documents were left with the Society.
In our account yesterday of the illuminations in ho-
nour of the King's birth-day, we were compelled to omit
a notice of the loyal manifestations of many of his Ma-
jesty's tradesmen; and amongst them, Mr. Shackelton's,
tallow-chandler, opposite Great Marlborough-street, a
splendid Crown of variegated lamps, and the letters G.R. ;
Mr. Klos, Great Marlborough-street, a brilliant Crown
and G.R. ; Mr. Brecknell, Ilaymarket, a beautiful Star;
Mr. Alderson, Marlborough-street, G.R., with festoons ;
Messrs. Barclay, Leicester-square, a variegated Crown
and G.R.

There are face hundred and ninety-eight newspapers
publiahed in the United *atm

This was an action frra;;;;licioUS prosecution.
The pleadings were opened by Mr. Annan A]l.
The ATTORNEY•GENERAL stated the casc.—The defendant 1
in this case, Mr. Hicks, was connected with, and indeed, part pro-
prietor of the Times newspaper. The plaintiff' was a gentleman
very respectably connected, and of considerable talent; he had
long managed the °ornerier newspaper, and with a degree of
activity, intelligence, and ability, which had largely contributed
to the extensive circulation of that Journal. It happened, and
probably from these very qualifications for which the plaintiff was
distinguished that he incurred the displessure of the proprietors of
I the Times. t was well known, be made no doubt, to the Jury,'
that the journal to which he was alluding had long prided itself
'upon exclusive and rapidly communicated intelligence, and the
plaintiff' by peculiar and surprising exertions not seldom anticipated
the intelligence of the Times. Upon one occasion in particular,
when intelligence of a most important nature reached Calais, the
plaintiff was these, and in order to supply the Observer with that
intelligence, he ironed the Channel In an open boat, arrived in
town We before the Times could receive any intelligence, and
thus anticipated the publication by his intrepid and anxious exer-
tion. Thus frustrated, and frequently disappointed in the same
way, it eau perhaps not unnatural foe the proprietary of the Trims,'
sod the defendant anion; the number, to entertain some persona
animosity to Mr. Dowling. It was, however, difficult. he
acknowledged, to admit that oat of that hostility the proaeoution
had sprung. which was the stabj.ct ut the patent action. Upon

the death of a gendentin, lone known In die World of • .
and universally respected, even bas shoes whose 'rottenest§ •
from him to political questions—ltsalluded to the late Mr. Pawls
the Morning Chroalek newspaper was purchased by Mr. MI
SERE AND WARD.
, probab
tint, and the services of Mr. Dowling wen retained fur Mat ware.
Mr. Damara concluded his argument in support of the Mae. The proprietors of the Times annoyed at finding that the
riage. The Learned Genileman asked why this ease should be :
ChrosetcleJtad tidies into the hands aly so public spirited a gentle-
sent to a new trial—when this litigation was to stop? It had been' man aa Mr. Clement, seemed determined to nut in ex.eutino a
already
i decided by • Jury, and the Lord Chid Justice before ' Scheme which had for its object the injury, indeed the •
whom t test tried was satisfied with the decision. There was no .of Mt. Dowling's clientele,. It happened last summertested
charge of misconduct or misdirection : the Jury hod perromied two honourable and learned friends of his Mr. Brougham
their province—the Judge had
performed hie: whence then the' Mr. Denman, at the close of their sessional and circuit hiatus, de•l
Scodand. This plan they pru
on an °cession sonic.. into execution. The retirement of the ilighlauds--the tuatanW
rheciseilintt fh"ipaofneanw tarriagu"menliteuvisecloulbdytabkime reminding 1 t
,the liberty of ruined on a visit wceeded to ea
thing similar to the present, when an appeal was made to him, I aceoerf of " the land of the mountain and the flood," were not
ands new trial looked fur. Hie hoed.hip6° said, though he was the scenes which the picturesque eyes of his Lairn-il Friar& as..
actscinua the proceedings were erroneous, and evidence was sup-' levied. On their arrival at Edinburgh, a deputation flan the eke
pressed and rof Glasgow determined to make prise cl the eloquence of his two
ejected which ought to he ;aniline:l. yet wit from hi' !friend. An invitati
on to dinner was given with grace: and received.;
knowledge of the facts, he was certain the Jury would come to the
,
same decision, he did not feel himself justified in allowing a new I be made no doubt, with gratitude; and to Ullegow they acardingly
trial, and harassing the parties with additional expenses. This repaired. The dinner was announced. It was eipected that the per:
was the argument of his Lordship, and he trusted he would net knew of Lu:ope would receive ample discussion alter dinner. and the
upon it in the present instance. Chronicle proprietor, Mr. Clement, detennined upon a full report
The LORD CHANCELLOR, upon inspecting some papers, asked I MM. proceedings. For that purpose, the plaintiff; Mr. Dowling,
1 for the deed of mortgage made in the year 1761. He looked upon , acconipsnied by Mr. Power anti Mr. Keene—gendemen most enn-
'
this as a Moat material document : with regard to the other settle. I sent iii their "doom, profession--set off fer Munro*. In order id
wper
men said to be made in the year 1746, the parties coneerned in it were prepare for the Chronicle a report worthy of the occasion. Ou
of the highest respectability as to their situation in life. The I Editor of the Glasgow Joarnal, that no other Loodon nespa
their arrival at tilaaNOW they illicertaimd irten Mr. Dos lad the
mortgage was assigned over to persons of this description, so that
all objections made to it went for nothing. lie would hear the re- ! had despatched reporters to Glasgow. They were not displeand at
ply of the Solicitor-General on Tuesday, and no time would be this intelligence. Competition
.ounld have been difficult fa wee
lost by the postponement, as it would give him an opportunity of ,
.London newspaper, under the circumstances; but fur protiadal mg
looking diligently into all the papers.
eked to dinner. After dinner 31r. Brougham's health way
I ermine, when contrated with the labours of these gentleatm4 i
BROWN AND DE TASTET. i was most ludicrous to think of it. These gentlemen, then were it
llunoumble and Learned Friend rose to return thanks : bla
The SOLICITOR-GENERAL objected to a report
.made by Mas.
lasted fur more than an hour. It is unnecessary to say tbstelnitta
ter Steele, on the ground of irremilarity. He had rejected evidence • carte proposed : it was received with three Some three. Hit
j the obvious production of an exalted mind, clothed with the pewees
of • meet important nature. The rejection was such as to render it
'of eloquence. The polities of Europe—of the Colonies, of Engl.nd
impossible that justice could be done. The face, his Lordship
'and of Sou ill Maria, were all discussed in the Eery able enseels-i
knew, were--lk Taster managed the affairs of the late Mr. Men-
gel, and he made profit of the mane:rem:mu The question was,
whether he was entitled to those profits ? It was referrel to the
Master, who awarded • stun of 30,0001. or 60,0001 to Mr. Brown, I M. BROltolt•st--011. no, no!
.
the representative of Mr. Illangel. Exceptions were taken to the . The ATToRNEY-UENERAL..—His Learned Friend distendreport, and the Vice-Chancellor struck oil 16,0001. An appeal was he could assure the Jury that he was stating nothing eon chess Oh
then made to hit Lordship, and lie ordered the Master to review i simple tact. There well scarcely a • subject of intellak is dea
his repon,
see address. himself. The health of his.
Hon. and
reign line especially, to which his Hon. and Loused Oil
It was contended a the other side that the report was perfectly
correct. The Master had been not less than two years preparing it. Mr. Denman, was then proposed, and he followed, but 1*
wen repoted
The Loan Citawciert.on said, the case was a long time peed. his eloquence and his warmth to domestic grievance,. Mesas"lag.
Mg. Deis had been caused by others; he wondered that he was was long, but its talent was equal to its extent, and hods opoodile
mat fin it. Those who were so food of attaching blame r with • degree of fidelity and talent, which MO MAW
should themselves be cautious how they were instrumental In Inferior to the abilities of his Learned Friends themakenta !! dm
maim it. He would hear the matter on Tuesday next, conclusion of the dinner, Messrs. Dowling, Power, and aseste.
IN THE CASE or SMITH, soLiCITOR. prepared forthwith to return to London ; and for thitastraithoy
t '
It will be recollected that the abo-e-mentioned gentleman was Proceeded to the omit coach-office at Glasgow. Then weed
I knelt off the roll of Attorneys, by the Court of King's Bench, for I infornied that the mail did not run direc to k
an alleged perjury. He had subsequently applied to Chancery, to i changed et Carbide, and unless they set off immediately to Chelkid.
be placed on the Chancery roll. I they might be disappointed apiece*. They determined, thendotni
The Solicitor of the applicant informed his Lordship that 3lr. I, at once upon proceeding to Carlisle ; but, before they snout, /
Bickenteth, who was to address his Lordship, was not in Court ; ! Dowling called—and this was most important-la the office of h.
, a
he was busy in the Exchequer. , Glasgow Journal, and request...ll of Mr. Douglas to fbrward to hint
The Loan CHANCELLOR said he would not wait for Counsel. It t Carlisle, two papers, containing the account of the dinnek They
.
was the business of the Solicitors to have Counsel prepared and in • then started for Carlisle, where they arrived late, and awned places
readiness to attend him. He would therefore call on Counsel to pre. for London '1 hey temaiiied up ail night, to complete their a-
ceed with the case.
1 when the mail arrived. Mr. Dowling, upon the arrival of the
i count of the peuceedings at the dinner, and they were still writing
Mr. HART said he did not wish to avail himself of this permis-
i brown paper, and carried them with him to the office, *ben be es
aka, as the opposite Counsel was absent. There was one circuin.: i mail, collected together his papaw, w,apped them in a piss o
I peeled to receive the two papers which he had previously ardent]
Nance in the ease to which he trusted his Lordship would look with
that lenity which always marked his conduct—he meant the in-
. Glasgow. lie did receive the parcel contaihing them. lie thes
firma of guilt attempted to be deduced from the offer made by the
applicant. This offer was merely owing to his pity for a widos, . returned into the toom—found Ins friends—trammed then forms
wise was a prisoner at the time. hours, until the mail set out for London, and into the mail they
The LORD CHANCELLOR said, the circumstance alluded to be i then got, and proceeded with all possible expedition to the
the Learned Gentleman NU not much attended to by him. le' Morning Chronicle office. (in the fitilowing day the report, se-
ley I An account of the same dinner appeared in the Herald Newspaper.
knew it to be the ease with many honest and estimable men, to I Curate and able as it was, appeared iu the columns of the Chssuskila.
however, but it was copied from the Glasgow. Journal, and it was 03.10
slake offers to get rid of charges brought against them, though
wenarnacious of their being uofoundeo. There were,
1 other santars in the papers submitted to hint, which required the I and imperfect, while the other was full of the eloquence of whi6 IF
mat 11111611111 consideration. intended to be expressive. Nothingt occurred further for three
Merlin. a...—._

ing
four days. Mr. . ...ding proceeded to Birmingham to attend .
musical festival, and be had been there for three or four hones,
When he was arrested by ttuthven, an officer of Bow.street.
naturally inquired at whose suit : he was told at the silt of .
Hicks. He was told the nature of the charge against him—that
*as seamed of having stolen a parcel from the coaeh.elffee, on
ealaioj a report of the proceedings at Glasgow. He replied that
was absolute nonsense; that in place of having any motive to sup
press the report, the Chronicle was interested in its publication,
shim the report in that paper woula, by contrast, appear even more
advantageous than at present. However, it was it:phased to I
that the clerk of the coach.office had sworn to ham delivered
parcel in question to him in the coach-office, dimeled as it was _
the Editot of the Times. Ile asked if it was likely the clerk could
have given him that which was intended tur another, if any charge
WWI made fir its delivery ? No (it was saidh it was given without
any stoney. He naturally remonstrated upon the apparent stator.
silty of such an accusation • but he was detained in custody, and
brought a prisoner to Carlisle. Of the conduct of the officer there
was no complaint; on the contrary, he had conducted himself with
extreme civility. At Carlisle he was taken before the Magistrates
' the charge was investigated ; lie was held to bail before the Blues-
mites. A bill coottuniug twelve counts was then presented to -
Grand Jury; they investigated the charge, and considering it :
surd and frivolous, they threw out the bill. It was inTortant
suite that the depositions were prepared in London. lo point o.
law the parcel was valued at 2d. He admitted its advendtioue
value to be considerable. The plaintiff then returned to town. He
appeared therefore before the Jury to. Jay in order to meet that
saiadalims and rah innioits accusation_su stew that ft had metro
slightest foundation, but that it originated in mere malice—of tt
which, if the Jury wanted an additional proof, he bad
to mention this circumstance. Mr. Dowling was a
tied man, the father of seven children; his wile was far gone
pregnancy ; and appreheavive of the consequences of his arrest,
such a charge coming to her ears, he asked that the examination
before the Magistrates should be private; but to this application the
defendant refused to assent. The object was the ruin of his charm.
ter; and though in that attempt the proprietors of the Timer -
dimppointed ; yet, by the publication of the proceedings before
Magistrates, his wife's life was endangered: so agitated did
become on reading that account, that a premature delivery follow.
ed, and she was still he from restored to her original health. He
appealed to Mr. Hicks; he told him that they had dined together
under his father's roof; that he could not suppose be meant to fly
from such a charge. All, however, was entailing; he persisted
in following up the charge with all imaginable rigour. They --
already acquainted with the result, and the only question now 5.
as to damages. Mr. Dowling did not appear there to chin: 'Milk.
tive damages; but he (the Attorney-omm]; thought the Jury
would, by a proper verdict, teach the defendant that the character
of an honourable man was Dot to be traduced, and his peace of mind
disturbed, and his family agitated, by so false and scandalous an
accusation ; that if such conduct, malicious and eniel as it was,
found a man in a respectable station of life who could condescend
to adopt it, it would find an adequate reprobation in the verdict u.
an honest Jury.
Wan. Hodgson, Clerk of the Peace for the comity of Cumber..
land, was the first witness called, and examined by the ATTO r
suer-GENCItAI..—Do you produce any affidavit made by
Hicks ? I do not. I produce the deposition of Mr Wicks; __
signed in the handwriting of Mr. Roland Fawcett, an Mies-
true for the county of Cumberland. I haws no warrant from 21r.
Hodson. I have the bill of indictment ; the return of the Grand
Jury on it is "No bill."

Cross-examined by Mr. SCARLETT.—I have in my possession
another bill preferred by Mr. Dowling; I know nothing as to
they that bill was preferred hest, in point of time; I believe the ,
now produced was prekrred about 12 o'clock; they are not matted
by me (the bills), but by the crier of the Court. I was present
when Mr. Dowling was taken into custody; the witnesses -
then produced and again examined. I believe Mr. Henson was
Attorney for the prosecution ; Mr. Mooney was Mr. Dowling's
Attorney ; he is the son of • most respectable Solkhor of Cumber-
land. I remember Mr. Dowling's application; there were two
three Magistrates present ; there was a consultatiou held es to
propriety of yielding to Mr. Dowling 's application; it was as ,
whether a private examination should be granted or not; it was his
wish that it should be private, but the Magistrates *ought proper
not to grant the request. Mr. Dowling expressed the diffienhy
his situation as to procuring bail. Mr. Henson premed for '
commitment. I suggested that Mr. Saul should become his
upon Mr. Dowling's stating be knew no person at Carlisle. h.
Saul inquired what would be the sum, and he was told 211; t and
Mr. Henson expressed (I think) his concurrence to Mr. Sail's Wing
accepted as bai
Be-examined by the SOLICITOR.° knoi•Vir no
other application for a private culmination. Mr. Dowling abliliett
to Mr. Hicks, and appealed to him if he had not most imionseedy
known him, and dined at his father's table. The depositions wee
not prepared, I believe, at Carlisle. I have got the recogniesoce
answer the bill.
By Mr. ScsitLETT.—it'e a very uncommon thing. in my expo.
rience, to take prepared depositions before a Magistrate.
By the CHIEC Jt•STICE.--1 am very glad to hear you say •
Mr. Hicks and Mr. Henson were present when the application
• a private hearing was made. lan quite certain ML Henson •
not express his consent to it ; I think hr opposed it.
Wm. Hodson, cross-examined by Mr. ARRBIIB3I.---13 nephew
to the last witness. Were you present when the deposition
made by Mr. Hicks ?
The CHIEF JUSTICE—The deposition made is rather an ambi-
-1 punts phrase.
I Examination resumed..--I was present when Mr. Hicks went
; fore the 21agistrate ; the defend7nt Hicks was snore to his de
vision ; it was produced ready drawn ; I think it was produc.-d
Mr. Mounsey. There was another deposition produced rr.
drawn of 31'Adam, another of John Murray, and a third
George Thompson.
Cross-examined by Mr. Scsnt.srr —They Sere produced
by Mr. Henson or Mr. Mounsey. I either read the depositi
the witnesses, or they were asked if they had read them. 1 ..
not the least doubt but the Magistrates knew what the witnesses
were swearing to before they administered the oath. I hat
doubt but they satisfied themselves on that point before
granted a warrant. I was present next day, which was a din
fore the sessions. I recollect when the examination RSA ROW
through, in my uncle's presence. The witnesses were then examined
by the depositions, rho turf, and my uncle made some mime
what pawed. I recollect no application made to Mr. Hicks
by Mr. Dowling, as to the time of preferring the bill next
This took place at Peorith, It mike from Carlisle. Mr. Dowliac
and Mr. Soul came to my office about eleven or twelve o'clock
an indictment. They did not scats to me what the indictment
for; they hardly knew what it was for. Tiny did not tell
more, than that they wished to haves erer.bill, In order that 1
DuivErg might have an opportuLity of seating his eau before

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