The British Press; or, Morning Literary Advertiser.
London, England, 1825-06-18 00:00:00

LATE' INTELLIGENCE.

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COURT OF CHANCERY, FRIDAY, Juitt 17.
JUDGMENT.
ABERNETHY THE LANCET.
The LOUD CHANCELLOR having declared his intention of giv.
ing judgment in this importantcause, the Court at an early hour
was much crowded.
His LORDSHI P, on entering the Court, commenced his judgment.,
This was a motion, he observed. tor an injunction to restrain the
publishers of the Lerma from communicating to the world the lec-
tures of Mr. Abernethy, sod had been argued on three grounds;—
A violation of literary property ; a breach of trust, and of implied
contract. At the conclusion of his former obsetvations he raised
the questions, whether, if these publishers were pupils they would
not be gulty of a breach of an implied contract in publishing to
the world lectures which it was intended never should be so pub-
lished ; or, if they were not pupils, but obtained their information
through some one or other of the pupils, they Would not be guilty
of such a violation of trust as would warrant the interference of that
Court to the extent now prayed ? The importance of the question
had led him to advise with the Common Law Judges on the sub.
ject, who were unanimously of opinion, that if the publication were
by a pupil, an action for damages would lie against him, as the
Common Law would =slime an implied contract, or that if the
publication were by a person who received his information through
a pupil, and there was no other way in which he could receive it,
a similar action would lie against the person thus publishing, for
the law would not permit that which could only be obtained by
fraud, to be employed by a third partt to the injury of the person
in whom the property existed. In this view of the Isw he perlectiv
concurred ; and it was well for the protection of that large and meri-
torious class of individuals—our public lecturers—that such was
the law. Oa the whole, he was of opinion that it had been made
satisfactorily to appear that this publication was effected by either
a breach of implied contract or of trust, and, on either of these
grounds, Mr. Abernethy was entitled to the injunction prayed.
WIWI granted'
IN RE TWE EARL OF POETSMOUTII.
The .SOLICITOR-GgsguaL moved the Court, that Mr. Skully
be directed to deliver to the Master the key of a box, containing
some papers and the setrlement made on his Lordship's marriage.
Counsel appeared for Mr. Skully, and consented thereto.
ELACEMORE AND THE GLAMORGAN:WI/it CANAL COMPANY.
The application for an injunction to restrain a new mode disco-
vered by the canal proprietors for widening the canal is deterred
until the first Seal after Term.
In the course of the morning the LORD CHANCELLOR said that
he should not be able to sit in that Court to-morrow, as he had to
attend the Privy Council on a case of a very pressing and import-
ant nature, and on which it was thought necessary to have the
assistance of the Lord Chancellor, the two Chief Justices, and the
Chief Baron.

COURT OF KING'S BENCH, WESTMINSTER, Juir 17.
REYNOLDS 17. WELSH.
'This was an action on a breach of agreement. The declaration
alleged, that in consideration of the plaintiff using his endeavours
to persuade Mr. Edmund Kean to sit for his portrait for the de-
fendant, he would let the plaintiff have such portrait to make an
engraving from it. It then alleged that the plaintiff' did prevail
upon Mr. Kean to sit for his portrait, but that the defendant had
not perfornted his part of the agreement, by letting the plaintiff
have the portrait to engrave, by which die plaintiff had sustained a
loss of 3001.
On the trial, the plaintiff proved by Mr. Kean himself, as well
as by other witnesses, that he did procure Mr. Kesur to sit ; but,
on the part of the defendant it was contended that the defendant
had only matte a conditional promise to let the plaintiff have the
engraving of tl:e picture, that is, he merely promised that the
plaintiff should have the engraving. if he the defendant ever had it
engraved ; and in support of this, interrogatories were put to Miss
Wilson at Florence, who was present at some of the conversations
between the plaintiff and the defendant regarding the picture. The
case went the Jury under all the CirCUMMAAMS, who found for the
plaintiff, damages 1501.
On a former day Mr. Scarlet, for the defendant, obtained a rule
to set aside this verdict, and for a new trial, on the ground that the
verdict was contrary to evidence. The plaintiff himself had writ.
ten to the defendant after the commencement of the present action,
stating, that if he would pledge his word and honour that he never
made the absolute promise he would forego his claim.
Mr. BROUGHAM (with whom was 11r. Tyndall now showed
cause against the rule for a new trial. He contended that the cue
went fairly to the Jury, upon • balance of conflicting testimony,
and that they had exercised a sound judgment, and that their deci-
sion ought not to be disturbed. With respect to the letter written
by the plaintiff to the defendant, it being after the action, it did not
amount to any release cf his claim, and could not be used in evi-
dence against him. At any rate it had wen before the Jury, who
had formed their estimate of its value.
Mr. SCARLETT (with whom was Mr. C. F. Williams), contra,
contended that the letter ought to be received in evidence. and was
in fact a release of the plaintiff's claim ; all the probabilities were
in favour of the original contract being conditional and not an ab-
solute promise, for no man in his senses would promise to have an
engraving taken of a painting which was not executed, sad which
when executed might not be worth two-pence; it might show that
a man might have a deal of money, but it would not show that he
had much wit, and it was not very probable that Mr. Welsh, who
was only a music-master, was overburdened with money, although
it was well known he was a man of considerable talent. The letter
of the plaintiff; if it could not be used as a bar to the action
ought to have the effect of reducing the verdict to nominal da:
, wages.
'the CODIT were of opinion, that the rule for anew trial should
be made absolute on payment of coats.
Mr. Hamm HAN observed, that as in an affidivit sworn by Mr.
Kean, be stated that it was his intention very shortly to proceed to
America, and not to return for eighteen months, it was his (Mr.
Brougham's) wish to have Mr. Kean examined on interrogatories
previous to his leaving England.
The Lour Ureter JUSTICE said, that the notes of his evidence
on the former trial might he read at the next trial.
Mr. Barna ft AM thought matter had arisen out of the testimony
for the defendant, as well as on the cross-examinations, which
might render it necessary to put other questions to Mr. Kean than
those put on the tornier trial.
The suggccion, we understood, was then agreed to.
IN THE MATTER OF SIR G. P. TURNER.
It will be remembered that on a former day in this term Mr.
SCARLETT obtained a rule, calling on the Marshal of the King's
Bench Prison and others to show cause why Mr. Corbett, the at.
torney and solicitor of Sir Gregory Page Turner. who is a lunatic,
and is also a prisoner for debt in the King's Bench, should not be
allowed to have free access to his client, to obtain his signature to a
petition to be presented b t to House of Lords against the Bill
which is now pending In that House, whereby the right of tra-
'ening a verdict of lunacy is intended to be limited to six months,
after the lunacy shall have been found, and also why Mr. Corbett
should not be at liberty to see and consult Sir Gregory generally
1 on his affairs. .

-.......---
The ATTORNEY GENERAL (with whom was Mr. Gurney,)
now showed cause against the rule. In the affidavits which he
read to the Court it was stated, that the Lord Chancellor had re-
fused to grant a similar order to the one now applied for: that Lady
Turner, as the Committee of the person of the lunatic, was perfect-
ly satisfied as to the manner in which Sir Gregory was treated, and
of the propriety of appointing keepers over him ; and it was also
stated that there were strong reasons for suspecting that Sir Gregory
himself had no confidence whatever in Mr. Corbett, who it was be-
lieved had exercised an undue influence over Sir Gregory; and that
the object of Ala Corbett and of a Mr. Toinkins, who was desirous
of being appointed accountant to Sir Gregory's estate. was to get
the property of the lunatic into their hands. The affidavits also
went into a long detail as to the state of Sir Gregory's mind, with a
view to show that he was not capable of exercising a sound discre-
tion as to the propriety oft sing the lunacy, or of appointing
persons to conduct his affairs.
Ale. SCARLETT said, that After the observations' which had
been made in answer to this will, he felt more anxiety than before
that Sir Gregory Page Turner should not be debarred from tea-
versing the lunacy, it' he should tlrnk fit. The only part of the case
before the Lord Chancelor, which 31r. Corbett would not answer,
was that part which referred to Sir Gregory, to whom he could not
gain access ; and the Lord Chancellor said, that unless it could h e
shown that Mr. Corbett was attorney to Sir Gregory, his Lordship
could not make an order for him to he permitted to see him. But
although the authority to this gentleman was signed by Sir Gregory
in the presence of 31r. 111aberlv and Boson, yet the whole object was
frustrated by those very parties—by his being denied all access to
get the necessary instructions from his unfortunate client. It had
been stated that Mr. Corbett, and Mr. Tomkins, wished to get into
the possession of flu lunatic's property, and that these parties had
been seen together on a coach goirg towards Sir Gregory's seat.
Rut this might he mere accident; and it happened very singularly
that Mr. Corbett should have a letter addressed to him by Sir Gre-
gory himself, explaining that very circumstance.
Mr. (futures' asked how Mr. Searlett came by that letter.
Mr. SCARLETT—Ah 1 how he came by it Mr. Corbett does not
know, further than that he received it by the twopenny post.
Tne AzTcaNEY-GES E n•L said he illOttld Object to the letter

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THE BRITISH PRESS.

Wog read, unless there was an affidavit totverify that it was written
by Sir Gregory Page 'Fulmer.
Mr. SCAIt LETT said he had no such affidavit, but having read
the letter, if it were really writttn by Sir Gregory, it would appear
not only that this gentleman was perfectly sane, but was a most
ill-treated des.- It was endeavoured totter shown that Sir Gregory
had no confidence in Mr. Corbett, but he had Aigr.ed the antlionty
to that gentleman in the presence of Mr. Moberly and Eamon ; did
that show that he had no confidence in the man ? But the At-
torney-General Paid the Lord Chancellor ought to hue made an
order, but that he had declined to do so. That wu however 4-
plained, for his Lordship doubted whether he could make an order,
because Ak.firregory was not merely • lunatic confined under his
warront Nit *lsidro a prisoner of this Court for debt.
The Loan tet: JUSTICE said it had occurred to hint that as
the custody of the lunatic's property belonged to the Lord Chan-
cellor, who had appointed a Committee to the estate, and also a
Committee of the person, the or ly thing which this Court could do
doss to make an order on the Marshal to allow such persons to sec
'Bir Gregory Page Turner at such times, and under such circum-
'fences as the Lord Chancellor might think fit. We shall
then place him in a situation as if he were not a prisoner of this
Court.

Sc An LET T thought the suggestion of his Lordship was very
reasonable, and he You'd readily accede to it.
The rule was therefore discharged, subject to such an order
, being made.

TITS: XING V. JANTS STAMP SUTTON COORE, ESQ.
It will be remembered that this defendant was convicted some
time ago of a misdemeanour, arising out of a certain trespass coin.
mined on the estates of Sir George Jernynghain (now Lord Strat-
ford) under a pretended claim set up by the defendant to the pro-
perty and title of that Nobleman. The defendant has from time to
time obtained the judgment of the Court to be postponed, upon
affidavits, stating that the state of his health was so bad as .to
make his appearing personally in Court very dangerous to him.
Mr. TAUNTON again begged to call their Lordship's attention
to the case. He had a further affidavit of DT. Hogk, in which the
Doctor stated, that he had seen the defendant so recently as yester-
day evening for about ten minutes. The defendant was it, bed ;
but judging by appearances that the bed had only just been made.
Dr. Rogit asked whether that was not the case, when the de-
fendant seemed disonnterted at the question, and admitted that it
was. The Doctor then asked the defendant to let him feel his
pulse, but be would not let him do it ; the Doctor put several ques-
tions to him respecting his health, which the defendant refused to
answer, and began to use very insulting language to the Doctor, in
consequence of which the latter left the room. Dr. Roget also
stated in his affidavit that the throat of the defendant was under-
stood to belorely affected ; but judging from the tone of voice in
which the defendant spoke to him, he could not conceive that his
throat was much affected. The Learr.ed Counsel then said he
would make thia cifferto kin Learned Friend (Mr. Campbell) that
if Mr. S. Cooke would make an affidavit that he had not been
walking about the streets in the course of the last week, be
would immediately consent that the case should stand over till
neat term.
Mr. Cessna-ALL said he was not authorised to accede to any
such proposition ; but as he had heard such an application as the
present was about to be made to the Court, he had obtained the
affidavits of two respectable Surgeons, who swore that they had
been in daily attendance upon the defendant from the 3I of June
up to yesterday ; that he was now labouring under a sore throat,
which was contagious, as a child living in the house had become
attacked by it; and that frem the attack of the gout, which the
defendant had lately suffered, and from his sore throat, it would in
their judgment be very dangerous for him to be brought up to this
Court to receive judgment.
Mr. Justice Bawf.xif thought the defendant could then very
easily make the affidavit which Mr. Taunton suggested, for if he
wan so afflicted he could not have been walking in the streets.
The LORD CHIEN JUSTICE—See what affidavit you can make
to-morow. if such as is proposed, well and good ; if not the Court
will order the recognisance% to be entreated.
As the Court wan about to rise, Mr. NVooler offered himself to
the attention of their Lordships, for the purpose of moving for a
Alandamus to be addressed to the Benchers of Lincolns Inn, com-
manding them to admit him as a Barrister, but the Lord Chief
Justice told him, it was impossible to hear hitn then, they would
however endeavour to do soon Monday.
Mr. Warder said, as the term was so nearly expired, he would,
if it were more covenient to their Lordships, postpone it till
ichaelmas Term. _ _ .

The Loan CHIEF JCIITICE—We leave that entirely to your
own discretion, Sir, but it you please to bring it on, on Monday, we
hope it will be in our power to hear you.
Mr. Wooler.-Theo 1 will attend, try Lord, on Monday.

COURT OF COMMON PLEAS, FRIDAY, JUNE 17.

Sittinp in Banco.

LAWSON V. LAMBERT.
Mr. Sergeant WILD showed cause against a rule obtained by
Mr. Sergeant Pell, calling upon the defendant, who is en attorney,
to deliver up all deeds, papers, writings. and hooks, in his posses.
sion, relating to the manor of Bradford, and which were r....-cessary
in the trial of an action he had lately brought. A great number of
years since the plaintiff brought an action against a person relative
to the market of Bradford. Die defendant was then his attorney,
and in that capacity certain deeds and writings were delivered to
him by the plaintiff relating to his titles as lord of the manor of
Bradford. For the delivery of these and all other papers the mo-
tion was made.
Mr. Sergeant WILD, in answer to the application, stated, that
the deeds and other writings were delivered to the plaintiff, and
produced a list thereof, .and a receipt, signed by the plaintiff, the
concluding words of which were, ' and all other papers relating to
the manor."
The CHIEF Just ICE—Does be sWear that he has no papers ?
Mr. Sergeant WILD—IIe swears that at the time the action
alluded to was brought, he was in partnership with another person;
that that partnership was dissolved more than twenty years since ;
that he has a number of boxes and sacks containing papers during
the partnership, which it would take bim many weeks to search
through.
The CHIEF JUSTICE—When is the cause referred to to be
tried ? If it is to be tried during the summer, by enlarging the
rule it will give the attorney time to search.
31r. Sergeant PELL—There is one circumstance which my BM-
ther. Wild has passed by. Mr. Lambert is attorney for the der
fendant in the action that my client has brought, and it is relative
to the manor of Bradford. _ _ .

The CHIEF JCSTICE—Let the rulc be enlarged, and in the
mean time let the attorney search for all papers belonging to the
plaintiff; and let him search honestly. It may not be the practice
for attorneys to give up all papers to their clients, but it would be a
good tule if it were so; they are their right.