The British Press; or, Morning Literary Advertiser.
London, England, 1822-11-06 00:00:00

EvariEsr AT THE PENITENTIARY.

—van*
Yesterday afternoon tot ittquolft Was held at the Peniten-
fiery. 'Mtllitsalt. before Thomas Higgs, Curouer, us
use body of Setjasnt Eller. a convict.
_ . _ . _ . . . .

_ .
Mr. john Crouch. Germane of the Prison, stated, that the
dressrod was tried Re Cambridge (loaner Sessions, on the
28th of October, 1819, and convietad of stealing a pocket.
book eoistaiftiog fit ; he was sestenced to yeses trans-
vitiation, which was rostionted to live years imprisonment
in the Peaitesliary, to which place he was brought on the
12th of April, 1821. He was than 32 years of age, and is
gond health.
Mr. John Pratt, Surgeon of the Peaitentiary, staled, that
the deceased was aerator. d bout the Pentagon. in which he
was etiolated, to the Infirmary, on the 7th of October last.
He had a cough, and a violent inti imitation us the lungs.
The lablßillialiUß terminated is a supporatino, and be died
MI the {eh of November. Darius his slimes. he had nourish-
Jolt thing.. and all that be avoid desire, or his situation re-
quired. Vsrattet—" Notarial Death."

- .
. The following pit‘strePh .•ppe•Nd in Tar.
PRiSS of yederthey :--4` A Correspondent
of w Morning Paper, strong repeated notices of
We. great quintal of game killed by the LORD
CURACELLOR. will be thankful to be informed in
wh►ch county he has taken out • certificate, as he
kvir in vein looked over the lists for the name of the
Lord ELDON I..—Aoiverf. if the Correepondeot
will go down to Encombe, lie may hove the haps
pinerd of trolling Lord Etnott's certificate.
night, about eleven o'clock, •
most destructive fire broke out on the premises of
DoortlON. iron-founder, Lower Shady/ell. sod
orr, first diet-owned in the bolt over the foundry.
By the timely arrival of the Globe. Phenix, and
marsh cognac., it woo confined to the spot where it
originated. which was soon gutted. Considerable
property. fell • prey to the raging el►ment. hut
nothing to what it at first foreboded. ‘Ve under-
stand the presaistsstere insured i►► the Globe fire-
office.

iriNTAL 66ENCE.

•
COURT or.rHANCERY. Immegies Or;
Tuasomr, Noitsitasa $.

. . .
The LORD CHARCILLOR moo into Coon at
tweedy ormootra oiler tell o'clock.

THR PORTSIIOiITH CARR.
The ATTORNRi-GRIIRRAL staled. in the mat-
ter of the Err of Portsmouth, l►e sinsieratnial
that a considerable number of affidavits in opposi-
tion to the petition had been tiled yetWerdry. The
Counsel for the petition had not yet area them. and
it might be necessary to answer them. He hail
therefore to request that the hearing of the 'petition
should be postponed to Thursday neer.
Mr. Hoax' said. he, as Counsel for Lndy Ports-
mouth, concurred in the propriety of the bestow of
the petition being postponed ; but trusted, after
whet had parseil, that his Lordship fOOI4 agree
with him that Thursday was too early a day to he
fixed for that purpose, particUlarly as his Lordship's
order had not been complied with for ollowing a
physic un appointed by Lady Portsmouth to have
access to her Lord, fur the purpose of ascertaining
the state of his mind.
The LORD CHAICRLLOR observed, that he had
read the affidavits of the physicians, and he found
nothing in them to prevent the petition being heard
on Thursday. He had also read all the affidavits
which had been tiled yesterday, and he found the
order he hail made had teen completely frustrated
by that disit, which never ought to have taken
place. He could never have supposed that
a medical man would go down to esainine
person as to the state of his mind in the ab-
sence of another medical mall. The qiiestion
he had to decide was, whether there was suffi-
cient imbecility of mind to warrant him to issue
a commission of lunacy, or to make such an order
for die safe keeping that could not be misunder-
stood. He would put it to certain persons who had
not made affidavits, whether they would not make
them. He wished to draw Mr. Horae's attention
to the affidavit of a Mr. Bing, relative to a commu-
nication made to him by a lady. He would hand
the Learned Counsel the affidavit, for it contained
highly important matter.
Mr. Hoaria—.. Has your Loidship fixed Thurs-
day for the hearing ?"
The LORD CHANCIELLOZ—u Certainly."
PRACTICE—RETAINING COUNSEL

IZ•TIRTS WM. LOYD IN THE MATTER OF
_ _ BENJAMIN GLOVER. A BANKRUPT.

Mr. HORNR stated, this was the petition of Mr.
William Loyd, of Bread-street, Cheapsidr, ware-
houseman. It set forth, that the Petitioner hav-
ing a debt of three thousand pounds to prove
under a commission of bankruptcy, by virtue of •
guarantee given to him by the Bankrupt, advised
with his solicitors, Messrs. Bruudrett, Spinks, and
Reddish. who drew up • case to be laid before
Basil Montague, Esq. for his opinion, whether the
Petitioner would be entitled to prove such debt
under the commission ; and the Learned Counsel
gave his opinion that the Petitioner was entitled to
prove it ; that the Petitioner instructed his Solicitors
to give a special retainer to attend before the Com.
misaiosers under the commission in support of the
Petitioner`o proof. The retainer was accordingly
lodged with Mr. Montague, and the fee paid
on the 9d day of May, MIL The retainer
was in the following form:—" Ex-parte William
Loyd in the matter of Benjamin Glover, a bank-
rupt; retainer for Wm. Loyd. (Signed) Brun-
drett, Spinks, and Reddish, directed to Mr. Mon.
tague; fee one guinea." That the Petitioner arid
his Solicitors had consultations with Mr. Montague
on the case, and he attended twelve different meet-
ings, public and private, of the Commissioners, to
support it, soil opposed the case set up against
the Petitionei.a claim by the Bankrupt and pe-
titioning Creditor, the last of which meetings
took place on the 18th of January last ; and
as the opposition made to the proof of the Pr.
titiosier's debt originated with the Bankrupt, and
was carried on at his instigation, Mr. Montague
was instructed to oppose the Bankrupt passing his
final examination until the Petitioner was allowed
to prove his debt, am: the Commissioners always
refused to permit the Bankrupt to pass his final
examination. That Mr. Montague hail received
from the Petitioner at different times for his fees in
this swatter the sum of forly.five guineas. That on
the 20th of Februssy last the Petitioner's Solicitors
received a letter from Mr. flenjoinin Lawrence, the
solicitor to the Commission, opposing them that
the Commissioners had appointed a private meeting
at Wright'. rooms on the following day. Thot the
Bankrupt's solicitor was Mr. Thomas Lee, of
Charlotte-street, Mansion-house, who *needed
some of the meetings. -A Mr. Treslove attended
as counsel for the petitioning Creditor, but always
supported the case set up by the Bankrupt. That
after the communication was made to the Pell-
' tioner's Solicitors of • meeting for the 22d Febru-
ary. it appeared that a general retainer had beets
lodged for tier Bankrupt with Mr. Montague by
Messrs. Hard and Johnson. solicitors; hut such
general retainer did not appear to have been fol-
lowed up by any special retainer fur the. Bankrupt
in this matter, which it was customary to do, nor
by a delivery of any papers by Messrs. Hurd
and Juhtisoo. That ou the 2lst February a
brief in this mutter was delivered to Mr. Mon.
tsgue, on behalf of the Bankrupt, by Mr. Lee.
hut lie did not leave with hint either • geueral
or special retainer. That Mr. Montague ac-
cepted the brief on behalf of the Bankrupt with.
out giving the least intimation to the Petitioner's
Solicitors, notwithstanding it was the practice of
Counsel grnerslly, as the Petitioner was informed,
nut to accept briefs solider a general retainer to the
prejudice of a special retainer, particularly when
the (utter bed been acted upon. That the Peti-
tioner's Solicitors conceiving the meeting for the
22d February to be unnecessary, and considering the
great expense which the Petitioner had incurred,
did not instruct Mr. Montague or any other Coon-
eel to attend. it. That Mr. Montague, noiwith-
standing he had been specially retained, and aotweth.
standing his previous attendance before the Com-
missioneis on the Petitioner's behalf on the same
subject, whereby he acquired a full knoWleffiti of
Petit ioner'icase, actually attended the meeting of the
224 February, as Counsel for the Boultrupt, mid
opposed the Petitioner's case, with • view of
reversing the decision of the Commissioners; sad
7 urged that the Bankrupt ought to be allowed

• •
to pees his flan! examination. That the Pei-
, boner's Soheitors expressed their surpri.e at theist.
• tendance of Mr.Moidague as Counsel for the Bank-
lupt. He offered no jurtification, except by atatiag
that he never trusted to his own judgment in sorb
cases, end flirt he hod taken. and had been guided by
the opinion of his Learned Friend, Mr. Bell, on the
point ; but the Pentinuer had been informed that
Mr. Montague had not, in fact, consulted with Mr.
Bell in this instance, as he had so alleged. et giteas
to be snub-mood. The Petitioner conceived the
conduct of Mr. Montagae in tins instance watt de-
rogatory to the character arul dignity of the bar.
mid most injurious to the Petitioner. The Peti.
tidner then prayed that Mr. Montagne might be
restrained from heyeatier appearing on behalf of
the Bankrupt in any way to oppose the case and
interest of the Petitioner iii this matter; or that his
Lordship should make such further order as he
might think lit. The Learned Counsel said, he
had laid the (acts of the case before his Lordship
without any comment. It was highly desirous that
some fixed rule should be laid down on the subject
of retainers. lis iiipport of the Petition several
ollidovite had been made. in answer to which Mr.
Montague made one, in which he stated that he
touoiclered it the practice in the case of a special
retainer, that when a brief was not delivered to a
Coonset by • person givieg that retainer, he had
the right to accept a brief from the opposite side.
He 'had not said any thing disrespectful of his
Learned Friend, Mr. Montague, and he disclaimed
the intention of doing so, for there was no man it
that bar he had a higher respect for, at the same
time this we. a point that ought to be settled by
the Court. The Petitioner had had the same re-
spect for him, and he considered there was no man's
hands he could Unrest his case into with greater
safety; but when he found he was deprived of its
poweriiil talents, mid those directed against him, he
considered it his duty to present the present Peti.
lion, and lie would be perfectly content with any
order hi. Lordship should think proper to make on it.
The LORD CliaaClLLoa observed, that he did
not consider that he had jurisdiction, as it was •
petition of bankruptcy ; if it was in a cause. there
would he no doubt of his having jurisdiction.
Mr. Peru, Counsel with Mr. Horne, said the
Solicitors knew the regulations they were obliged to
conform to ; then there ought to be the same regu-
lations with Counsel. It was admitted that the
Petitioner had obtained the assistance of Mr. Mon-
tague in the ordinary way, by a special retainer,
and that lie attended twelve times before the Coin-
missioners in support of the Petitioner's debt, and
on the last examination he appeared for the Bank-
rupt. He contended that the Petitioner was not
entitled to his proof, and that the Bankrupt ought
to be allowed to 'pail his third 'examination with-
out the proof of the Petitioner's debt being allowed.
The LORD CH matt.tolt observed. that when he
was at the bar he understood the practice to be, if
Counsel received • general retainer. but did not
receive • brief, he was at liberty to take a brief at
the other side, but the custom was to give notice
that such a brief had been offered to him to the
person he received the retainer from.
Mr. Pipes, iii continuation, said. he could an.
ewer for himself that he always thought it his dory
to give twice in such • case—he lied done sens
that of " Cholmondeley and Clinton." A general re.
twiner for the Bankrupt might be consistent if the
matter wee not Loyd's. It was perfectly true that
a brief had not been delivered by the Petitioner's
Solicitors to Mr; Montagne; but the Solicitors.
finding that the Learned Counsel had accepted a
general retainer and a brief for the Bankrupt, it
would have been useless to have sent him a brief
on the behalf of the Petitioner. It' Mr. Montague
had given notice to the Petitioner's Solicitors that a
brief on the other side had been tendered to him,
and they did not then send him • brief—if he hail
attended before the Commissioners a hundred times
he would be at liberty to attend as Counsel for the
Bankrupt.
The AreOltlfalr-Gallaltat. said. he appeared as
Counsel for 'Mr; Montague. and he did not think
he would discharge his duty to the bar if he did
not stand in that situation, for he hoped the bar
would be always actuated by independent feelings.
He was convinced that no gentleman at the bar
had seen the Petition before it was presented. for
if they had they would have seen that his Lord-
ship had no jurisdiction. If the Petitioner's Solici-
tors had said to Mr. Montague " Let the question be
decided by the Lord Chancellor ;" as en individual
he would willingly have consented to it. There
was 'nothing to 'the big more painful than general
retainers. When he went the Western Circuit he
often 'drew the pleadings for the Plaintiff, and was
afterwards compelled • to take a brief on the other
side. It appeared on the part of the Petitioner,
that it was never intended to give Mr. Montague •
brief; when the general retainer was given to that
gentleniari, he felt 'much' difficulty, and told Mr.
• Lee that he would oot'accept • brief for the
Bankrept-unill he was certain that he was not to
have one from the Petitioner. Lee afterwards
told him he wan certain that he would not have
any, and he did not read his brief until half en
hour berate the meeting; at the meeting he stated
to the Petitioner the circumstance that he had no
iiihEuedde i @pedal retainer to say if he would not
give Maltallfret that he (Mr. Montague) was not
tete one at the other side, and offered to
leave' the ittestion to the decision of the King's
eriuneel.' It was' insinuated in the petition that
Mr. Illootsgue had mode use of the knowledge' he
had elliaidied by being the Counsel of the •Peti-
lioneito his disadvantage ; but until that was proi.
etrthe argument ought not to be used, far he was
convinced no gentleman at the bar would be guilty
of such Condole,. ft had been communicated to
the Solicitors foe the Petitioner that • general re-
' sainer's,o, given by the Bankrupt to Mr. Montague,
and theyadmitted they had received the information
and 51•1•1 they would dot give him a brief, it was
theli duty. on the itlforalation, to have gore to
Mr. Montague. The aluinsiter of the bar was at-
tacked, and he spoke their general opinion when he
said that they depreciated general 'retainers. and
they would be highly ifijitrithis if the, **mellowed
to prevent Counselfrini•riceiving briefs on either
side of the' case. Mat those circumstances he
trusted that hid LordaldP would dismiss the petition
with costs.
Mr. TaestoVe and hir.Visisifollowed oo the
...me side.
Mr. MONTAGUI staffed thin ems another Pali.

fiats in his Lordship's paper in Ilia same meters
that of the Dankruin, preying that he might not
he deprived of the assistance of a Counsel that he
put conddence in. As fur hinsorlf, 1-e eared not
whiit side he use employed on, fur he looked en
harristen as, bring entirety instruments to rneWe
Judges to get'ett he troth. It was a mistaken opih
that • barrister had any discretion us to the 'vitae
he was employed by ; for; as Lord Erskine said.
" If a barrister relused to defend • moo nbeesese
he did not like his defenee, he would do more
than a Judge dale. for the limey, by the law of the
Zeal, was obliged to he bis Counsel," A barrister
ought to be like srlsackney-tinach, on come at the
first call. end to coatidilLerepluyed foe the em-
ployer as long as they. were sund. The Learned
Counsel then entered 410 souse invectives on: the
conduct of the Petition?, and hi. Solicitors, sod also
encomiums on his owe hunnorable practice, Pine..
he had been in the profession, and eurcluded by
paying a high compliment to the t7ourt AIM the
bar. and that he would be perfectly mitirfied at any
decision his Lordship might come to.
Mr. Hermit replied.

The LORD CHANCELLOR took a review of the
case, and observed, that he had tiot the junadictiou
to make any order 011 16 Pe'itinn ; but if he had
the jurisdiction be would dismiss it, not oo the
ground of protecting the bar, but on the ground of
protecting the public.
The ATTORNEY-GENERAL—" Your Lo►dship
then dismisses the Petition?"

The LORD CHANCELLOR-4' If I hare not ju-
risdiction it is dismissed of course."
Mr. MONTAGUR said. his Learned Friend. the
Attorney-General, had mentioned cost% t he weedy
rose to say that he did not wish for any.
Petitiuu dismissed without costs.

COURT Of RING'S BENCH, GlitcosALL, Loirtov.
INTILIDAT, NovlN.tft S.

Before the Lord Chief Justice awd a Special Jury.
THIt KING O. BETON.
_ _

His Lordship intruded this morning in purstioi.te
of • special adjournment. to try this particular
cause. It was au indictment for perjure. alleged
to base been committed in an answer au Chancery.
The Prosecutor, Mr. Farquharson, sod the Defen-
dant, Mr. Seim. were both merchants of high
reauectability, formerly carrying on their commer-
cial dealings in Martinique. Disputes arose be-
tween then,. the result of which was a tedious coorwe
of litigation, and it was in en answer to an amended
bill the statement was ,nude, upon which the per-
jury 11111. assigned.
Mr. Soucuron °animal opened the ease. He
detailed the transactions between the parties : they
were of so complicated a nature, that after deliberat-
ing with his Learned Friends. he eVenrually de-
clined culling upon the Jury for • verdict against
the Dr fentimat.

Mr. Scats Lew made a few remarks, inferring
that the statement on which the pillory was assigned,
one attributable to mistake and Misconception.
He described the Defendant as a Gentleman of
character, and stated that-he was sorrounded by
friend., who attended to bear testimony to that
effect.—The Defeuditut -era• atcritted. •

ARCHES* COURT, Mousay, Neurons 4.

~..

This being the first day of the civil law term, the
Dean of the Archer heard prayers reed in the
diniuq-
room of the Common Hall, the Judge himself slid
the Advocetes being in their full scarlet robes, ac-
cording to the form eisnualLy observed ou these nr-
cs‘ionr.

Dr. J. T. PICARD,. Fellow of New College, Os.
ford, was introduced into Court, between Ina Ma-
jesiy's Advocate (Sir Christopher Rohoosoo) and
Dr. Arnold, and havierg •been by them presented t.s
the Judge, the litter admitted him, in obedience to
the rescript of the Archbishop of Caute►boty, as au
Advocate in his Grace's Court of Arches.

PERRIN V. 1.161111 N.
This war • snit of divorce, by reason of adultery,
promoted by Mr. W. Perrin against his wife.
Mr. DODSON ststed that he should trot detain
the Court by following at any length his Learned
Friend, Dr. Lushington, who had addressed the
Court in this cause, and with whom he was assort-
' sited ; but he would beg in urge upon the Court
the very clear evidence 'illicit had been given by
Stanborough, the servant. This young woman was
a servant with Mrs. Statham during all the period in
which it was charged that Mr. Hull slept with Mrs.
Perrin in her apartment. Now Stanhornugh
posed that the fact could lint have been so with..
out her knowing it ; whereas she never saw Mr.
Hull at such au hour, or in such a situ-tion
in Mrs. Stailiam's house. as to afford the slight-
eat ground for suspecting soy improper connexion
or intercourse between him end Mrs. Perrin.—.
The same witness had effectually disproved the
statements which would he (*mind in Siailsam's
evidence—namely, that lie was in the habit of
letting Mr.. Hull into the house at night, and
letting him out in the morning, after the servants
had gone to sleep and berme they were awake.
' Stanburongii • positively swore to her belief that
no one could have been so admitted or let out
without her hearing it. She nripoe did hear
any thing of the kind. Much at-ess had been
attempted to he put on the ciretrit.,:ince of there
Mewing been found upon 'the pillow f Mrs. Per.
rin's lied, • shirt which the other stile had failed
in showing. as they had elideuvourelt tw show, to be
the property of Mr. ; on the contrary, it'was
clearly in evidence that this very shirt was one
which had belonged to she Lady's hindmost', Mr.
Perrin, and had beiwydrts herb the day beltire
their separation in k was proved ity 'her
mother, Mrs. Hislop, that she slistr:s slept 'with
this shirt under her pillow, fancying that it had a
charm to protect. hat. • Deviiettner, however. on •
fbrater day, had chosen to remark • on'thi• account
as the 'mast Most improbable that mould
be inlienea: 'Bat thoitits ItYr: Dotiona continued)
his Learned Friend mightioruile.as such fancier', the
Lady torgistisave had groat faith ia them ;• fur
Saar won't Indite, intai lostiwd • 'wilt einitioloil
To 'du*" alone sad Wawa sre• 'evaded.
1111isetliaii. !min dosioliiiis Doctor...sive,

The fair and inntreest *at t"
ylt did slot follow, thereforerbeersure Dr. Jetuter
might be stuneeltsit sceptical on such n'subJect,
that Mrs. Perrsu should 'save a 'lngle doubt Su-re-
spect of the efficacy of a charm which•she to cit.

a:
,

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