The British Press; or, Morning Literary Advertiser.
London, England, 1826-05-03 00:00:00

COURT OF KING BENCH, M 2.

Siitittgs in Banco.
THE VINO V. COOPER.
In this case Mr. CURWOOD moved for a writ of Habeas Corpus
last week, to bring up the prisoner (who was charged with robbing
a Cheltenham coach of a parcel containing 1500/. in notes of the
Bridgenorth bank) from Shrewsbury gaol, in order that he might
be bailed.
The prisoner was brought up this morning, and the depositions
on which he had been cemmitted were read. The only circum-
stances of suspicion attaching to the case were, the prisoner's being
apprehended in the act of getting over a hurdle-fence surrounding a
hay-rick, under wifch some of the stolen notes were found, and his
having given the name of Seymour, instead a his real name, when
apprehended. On the other hand, it was positively sworn by four
respectable persons that the prisoner was at Dover on the night
when the robbery was committed.
The Court required the prisoner to enter into his own recogni.
zance in the sum of 10001., and four sureties in 6001. each, to up.
pear at the next Assizes for the county of Salop, and answer any
charge preferred against him. These recognizances having been
enured into, he was discharged.

DOE EX DEM ISTIRTHWAITE v. VArDEI.X.
This was an action of ejectment, to recover very considerable
property in Yorkshire. As our readers will recollect, it came be-
fore the Court this Term, in the form of a special case, and the
question was, whether, if a persort went into Scotland and became
domiciled there, and had an illemtimate child by a woman whont
he afterwards married, that child (under whom the lessor of the
Plaintiff claimed), who became legitimate and inheritable to land
in Scotland, by the law there, would become legitimate and inhe.
ritable to land here 1

Mr. TINDAL concluded his argument to-day in support of the
affirmative of this proposition.
Mr. Cot; aT r NAY was then heard in part against the proposi-
tion, and he laid benne the COurt great body of very learned au-
thorities, and a multitude of ingenious and forcible arguments, in
support of the following points :—First, it is offensive and repug-
nant to the moral, religious, political, and legal notions of Eng.
lishmen, to introduce foreign law for the purpose of deciding a
title to English freehold !and. Second, the Learned Counsel ar. ,
gued ab inconvenicati, that, if such a doctrine were admitted, the
most monstrous cases might occur, embracing bastardized issue
under every form, and even the fruits of incestuous intercourses.
Third, in the argument used •• a the other side, conclusions were
drawn which were not warranted by the premises; and the Learned
Counsel said Mr. Tindal's point might be put in the form of a syl-
logism, thus--" Legitimate children by the law of En-land, arc in he.
citable to lands in England." That is the major. -The minor is,
" legitimacy is a personal states, which accompanies a man ever
where." The minor then drops one of the two predicates, which
ate embraced in the nuijor.; namely, it drops the inheritance, and
merely maintains that legitimacy is a personal status. Then Mr.
Tindal drew a conclusion which was against all logic and sound
reasoning, viz.: " Therefore, my client being legitimate in Scot.
land, he is inheritable to land in England." Nothing could be
better calculated to expose the fallacy of a false syllogism than a
parody; and therefore, however ridiculous it might appear, the
Learned Counsel would take the liberty of putting this parody.
Suppose the proposition Mr. Tindal had to maintain was, that
his client being a Scotcliman, wore breeches when he came to
England ; according to his mode of reasoning, his syllogism would
stand thus : Men in England have thighs, and wear breeches."
There the major raises that which is the personal status, namely, a
man having thighs ; but it fallaciously includes that which is not
incident, namely, the wearing of breeches. "My client having
thighs in Scotland, which is a personal status, has thighs in Eng-
land ; therefore he has thighs everywhere; and consequently
when be comes into England he must necessarily wear breeches."
This, though it might be ridiculous, was a true parody on the
position taken on the other side, and it plainly proved that in-
heritance was not necessarily incident to legitimacy. Fourth, The
law of England was clearly against the proposition contended for;
and the silence of all law-writers as to any contite of nations
which would recognize such a proposition, showed that none
calmed. Fifth, Upon all principles of feudal law, inheritance is
any thing but a personal right; it is only a right sub mods, and
the modus is the law of Me place where it is attempted to be intro-
durtil. The Learned Counsel was proceeding to consider the
question as it was borne on by the civil law, when
The ?John CHIEF JUSTICE, who was about to leave the
Court, requested that the last head of the argument might be post-
poned until Friday next.

t; RIX! I NAT. INFORMATION.
The AvennarEw.GEfietutt. moved for n rule to show cause
why a criminal information should not be filed against Mr.
George William Lenox Conyngham, under the following cir-
commences :—The affidavit of Mr. .I.:dward Sherar, the prose-
cutor. stated that he was a clerk in 'the Foreign Office, and that
Mr. Conyngham was a clerk in the same department. That on
the 21st of February last Mr. Conyngham came into Mr. Sherar's
apartment, and triads some observation in an offensive tone, which
led to seine conversation, in the course of which Mr. Sherar re-
minded Mr. Conyngham or his having admitted to him, on some
occasion, that he (Mr. Conyngham) had taken steps for the purpose
of procuring Mr. Sherar's dismissal from the Foreign Depart-
ment. Mr. Conyngham said, "If you assert that I told you any
thing of the sort, it is a Sh.craisthen said, "Re-
collect yourself;" and Mr. Conyngham rejoined, In an !angry tone,
" I tell you It is an infernal lie;" and then handled his cane in a
threatening manner. A seals ensued, In Which, u Mr. Comp.
ham was lame, Mr. Shaer took no further advantage of him