The British Press; or, Morning Literary Advertiser.
London, England, 1824-07-03 00:00:00

iwas ne doubt that the Campany lett their money on the credit e
the pffiintiff. If the amendment of Mr. Justice Beet had pieced the
.plaintiff in a better situation, or the &radiant In a worse, there
i would he reason fur thi. rule; bet it did not; the averment of the
ILLEG ITI MACY. enrolment en the record being quite Immaterial, since the defendant
IN RE 01.11KAM bed undertaken not to bring mirth ef error. He was therefore of
The Sorectrort-OF:XE it at. oneoe l the rate on the part of the '• oreeion the rile most be eimhareed.
Crown, far an apnlieation for a new tri:•l in this muse. i Time other Judge. eantmereta—Rule discharged.
Mr. Sergeant VAl'il It AN followed on the same side. The fol. f EK-SHERI FE PARKINS.
lowing were the leading circumstances of the case :—A marriage ; At the rising of the Court Mr. Fat wen addressed their Lord.
had been contracted between T. Oldham end Elizmheth -- . ehips, stager that he held in his hand an affidavit of Mr. Praina,
(If this marriage four children were the issue—John. Thomas, I cemielainieg of being grossly insulted by a pawn of the name of
Richard, and William. They were of °immure rank, in a retired i Byrne, even within Inc very vege (Atha Comm
village in the county of Warwick. It happened. however, that i Mr. Justice Hemet —What does your affidavit pray the Court
one ef them, William. emierated to the East Indies, where he •to do ?
reelemed a large fortune in Calcutta. Ile dad without issee. The ! Mr. Far:wen-1f the Court pleases to eppoint an early day for
I ree n consequently claimed his property, in default of an apparent i hearing this cause.
heir. The sons of one of hi. brothers, however, shortly put in a . The Loan Cutest. JUPTICIF—Our order of this day must pre-
claim as co-heirs, and the question was ten il before a nperiel Jury i vent its hying beard in this term
as to the legitimary of the brother under whom the moment spelt- 1 Mr. Eaeliels_Tnen if you Lordships would fix ermine day, for
cants claimed. The case was tried before Mr. Baron Garner, mid . Mr. Patinas Las suffered, and is suffering considerably, both in
afire a long and patient trial, a verdict was ;even in feeler of the' mind and body.
claimants, and against the Crown. The present application was I The Loan Cuter Jerre/cc-14'e cannot fix any day. Our
made to the Court to direr; an knit for a new trial. on the ground I order made to-day will spare Mr. Parkins the neceeeity of coming
that the last verdict was contrary to the evidence given tit the trial. ; ;we, end of therefoie avoiding the conduct he ente.plains of.
The Counsel on behalf of the Crown principally relied on these 111 r. Faese it-1 have seen canalized io this Court.
points--first, that no evidence was adduced at the trial en show lair. Justice Melees—Nut out of the order of the paper, I ant
when the son whose legitimacy was questioned was born. It could satiefied,
not, they maintained, be asserted that he was the second son, as Mr. Seen LtSTT—No such thing is known.
that was negatived by the registry of his birth ; and if it were' The LOAD CHIEF* JUSTICL—WecIn do DO more, Mr. French.
alleged that he was the eldest-born, the nearness of the date (a few than we have already done. All our time is crinsumed in die dim.
months only intervening) between the registry of the marriege and charge of our duty, anti math more of our strength than perhaps
the registry of the birth, precluded the possibility of his ilitTillg it is wise to expend.
been horn in wedlock, according to the usual and cusamiary COMM i........._
of births and marriages. The beamed Counsel therefore insisted. COURT OF COMMON PLEAS, Wastage:sr ea.
that am the verdict of the Jury wax at variance with the evidence FRIDAY. JOLT IL
adduced at the trial. The question should be recommitted for the ....-..ere ea
decision of another Jttry. Sittiagi in Hawn.
Mr. Seance( appeared for the claimants to the . and neettertnane te teenier.
adverted at the commencement of his address to the di Ity i * Mr. Bergeent Wtl.OE was heard in mod:madam of his t
which the Subject uniformly experienced in contending against the ,in this nee, and submitted to the Court at some length Sr there
power end influence of the Atterney-General and the interests of . was nn consideration under the agreement, on that acenert the
the Crown, which he represented. The case had already been tried ; plaintiff could nut succeed. The Learned Serrjeant afterwards ar-
before a special Jury, and to chew their respectability, and how' geed for a considerable time, that it' 'here were a tone:kennel it
likely they were to be free from any prejudices upon this subjeect. he' was an illegal one ; and, consequently, that the agreement, on
would merely state, that one of the Jury was a Member of Path& : that ground, was invalid, sad prevented the pleinuif from ob-
ment, and the others of corresponding rank in society. This was . mining a verdict.
satisfactory at least that no pnatidice intermeeed in the finding of . The ('oust, after consulting for a lew minutes, called ems;
the Jury. If the case were now sent back for a seenad trial a new Mr. Sergeant Besanque• to aliew cause mrsinst the rule, but as
application would be made by the present claimants against the non as he had commenced his argument the LORD eerier Jr s-
Crown, and he had no doubt on grounds no less satisfactory, for a i Tice intimated to the Learned remeleant that the Court would not
new trial on their behalf. if a verdict should pass against them. trouble Lim to proceed.
and thus the property would be squandered and dissipated in useless i The !Mtn Cuirr JrtiTICE they delivered his judgment in
and endless litigation. The registry which had been adverted to, ;this cause, and observed, that complaint bad been trade of the
in which so many interpolations were to be found, did not coned- i Jury coming to a coralusiew with ton much prempitadon. He
tute part of their case ; but it would be too hard to infer from the ; thought there was no foundation for that charge; but, however
mere circumstance of an incorrect registry the fact of illegitimacy. ! that might be, it could not he brio ht against the Coos, for they
It was well known that in England, particularly in that rank of ! had been the greater part of three days in hearing this came argueu.
society to which the parties in this case belonged, marriages Were i His Learned Brother Wilde had taken ground that bad not been
contracted by men nth women in an advanced state of pregnancy. touched upon by either of his other Learned Brother who were
This wag done, and very properly done, with a view of leptimis. ' with hen, by arguing that there was no consideration. Any patty
ing the offspring, and it was no ordinary occurrence to hear of a : certainly had a right to move in arrest of judgment en that point
marriage on one day, and, in the same family, of a birth on the' but still the Court had a right to expect that it should have been
at following,
: brought before them as a point to be raised. In giving judgineet
The Loan Cnewer Lima said, so far did this custom prevail, , in this important case, It seemed to him that he had to apply him-
that there was an instance within his own knowledge of a clergy- ' self to five points. First, that the Jury were improperly directed:
man having been asked whether a certain woman was married in a I second, that there were matters of erldence brought forward, that
state of pregnancy or not ? to which he reeled, that really there ought not to have been received; third, that the centrist was ille-
were so many women married in that condition in his parish, that gal; fourth, that the contract set out on time record was withoto
he was nut certain whether the woman alluded to was in such a consideration; and fifth, that the coneideration, if existing, was
state or not. (A laugh.) illegal. The three first points referred to a new trial, the two last
Mr. St•ent x resumed and said, there was a still stronger in- to en arrest of judgment. He agreed with his Brother Pell in
stance of the same nature in a parish with which he was connected; that part of his argument, that if Lord Gifford were rot waremted
there the clergyman declared, that although he had presided for in telling the Jury that they were to take into the mem* a hem
several years, he had not married more than two women, who, at for the two voyages, the verdict could am *and I but it was evident
the time of manes" were not in a state of pregnancy. (Much the Jury did not take two voyages into their consideration, by the
laughter.) The points, however, on which he was mainlyanxious damages they gave. If they hal give, 7,500/. for one voyage it
to rely were—first„ the general reputation of the marriage in the would have been an unjust verdict. no t the Jury, he thought,
neighbourhood where the parties lived; the will of the grand- had taken a very correct view of the Mclnnes. It was balancing
mother, which bequeathed an equal portion of property to the 6,000/. and 8,000/., and they had said—" we will take a middle
child, whose legitimacy was impeached as to the other children ; sum i there were many contingencies that might have prevented
and thirdly, the position that the mere fact of incorrect regirry Capt. Richardson from taking these two voyeges, sad we will give
did not constitute a sufficient ground from which to infer file- him half the sum ;" and they gave him 7,5001.; and that brought
gitimacv. them back to the question was Lord Gifford warranted In saying to
Mr. Tlexerew followed on the Berne side. lie was unwillirg the Jury that they might take the second voyage into their emir -
to advert to the proceedings which took place at Nisi .19, its in this deration ? The argument that had been addressed to the COOTS with
case. All that he there endeaveured to substantiate was, that the some degree of speciousness, that emery voyage was, as far as the
child, whose legitimacy was questioned, was of equally legitimate Captain was concerned, a new appointment, could not fairly he
birth with the other children—the legitimacy of whose birth was urged to the extent that had been attempted. It was true the
out questioned. At the distance of time between this period and every voyage produced a new appointment of a Captaih, bet the
that of the birth in the year 1715, it was not supposed that a satin- usage was to a, rat the man who had previously commanded the
factory explanation could be afforded of all the circumstances of vessel, provided there was no reason for discontinuing hint in the
an obscure marriage, in an obscure village in Warwick. It was command, and therefore Captain Richardson could say, " Yoa
fully proved at thetrial that the parties cohabited as man and wife; have not only deprived me of the first but of the second voyage."
it was proved that Thomas was recognised like the other children; a^tl a contingency ought to be paid, for that amounted as nearly to
it was proved also that he was recognised by his brothers, and not a certainty as an thing human could do; and therefore what bad
a shadow of doubt thrown upon the legitimacy of his birth. In. Gifford told the Jury wan clearly right ; and If he had not told
deed, if certain documents were admitted at the trial, which were them so, ha, for one, should hare thought a new trial ought to have
found amongst the papers of William Oldham, et Calcutta, the been had. It would be most mischievous to am upon the
feet of his true relationship would have been more fully established ; principle that this part of the argument led to ; that separate
but all the proof that was admissible at the trial, tended to con. actions should be brought for the separate intments—
vinct the Jury of the claim of the present applicants to the pen- The next question was the admissibility of the etidaaee. It hail perty. The Jndge who presided Cllr. B. (:arrey) left the qucs. been contended that the paper put to on the trial, containing a list
tlOll to be decided by the Jury. It was true that the Judge did of the passengers, was not admissible, as against third patties, but
not concur in the finding of the Jury ; but he hoped his Lordship,
.he thought that there was no foundation for that objection. It was
like himself, too highly valued the institution of ' Trial by Jury. ' a public paper made by a public officer. Papers from the Seeker
to make it dependant on the concurrence or non-concluzence of a England were produced in evidence ; and tills certainly emameed
preakling Judge. from a higher quarter than that establishment. The beefs at
The LORD CHANCELLOR declared, that he was not furnished Lloyd's even were received m evidence, and there soatld by nes rea-
with any reasons by the Learned Judge on which to ground his son to object to this document, for the Captain, under the loch
non-coneurrenceto the verdict. lie wished to hays passages of the section of the Bye-lawn, was authorised to make out en oath a list
Judge's notes read. of the passengers for the East Indies Company, the members of
Mr. DENMAN proceeded to read certain passages, which tended which, although only subjects here, were In their corporate
to chew the disposition of the Judge to leave the question of legi. capacity great Sovereigns in India ; and It was for the
timaey or illegitimacy entirely in the hands of the Jury. purpose of letting them know what desert/eke of persons
The Sot ICITOIL-GEYERAL briefly replied, and vindicated the were going nut to their territories that this document was
Attorney-General from any desire to press the claims of the Crown framed, and therefore it must be cossidered of a public na-
oppressively against the Subject. tore. The third question for consideration was *Man there
Mr. Si:anew disclaimed any intention on the part of his clients was any illegality in the transaction. He had as 1111/111gea.
to throw any Imputation on the Attorney-General. sum of knowing ale Mellish, and he would say fast stars biro
The Loan Cuexceencia—That is a matter of little colleen than what his duty compelled him to say. bat Iss Mid Mt help
quence, as it has always been the custom in England to abuse observing that the arguments of his Counsel was Mosswkat Imam-
whoever may happen to be Attorney-Oencral. His Lordship then sistent, for the Court was told that Mr. Mellish WS le leneseable
directed the papers in this case to be handed up to him t he would man. He hoped that he was in every ether tesemietten of Ms life.
read them in the course of the evening. and probably be prepared but the way in which the arguments were put In eielbuniken of
with an opinion upon them to-morrow. that assertion was certainly a aleph/ one, forthey wee. Inffilln the

LAW tvreLLIGENCF.

COURT OF CHANCERY, FRIDAY, Jutr 2.

VICE•CIIANCELLOR'3 COURT, Joie 2.

same breath, that thishonnurabli awe ought ieb sa eiglitin this
agreement, because he had cheated the }lest end
his Co-owners. If that document, according to thellieldhe if she
defendant's counsel, be contrary to public policy, whet would be
said of his taste for setting it up as a her to his radfeterg it after
having deliberately entered into modtan agennwent? Hiram said
that this transaction was a fraud apes thollentimilaCkempany and
upon the Co-owners. It could not be a haul egesot disk;
India Company, because they knew of flea Oak MUHL
knew these two persons, Millis and Rlchadesa, Tem Conmemders
of the Bast India Ships the :Hinters and Margins of Ely ; and
was there any thing in the exchange of these two Captains from
one ship to another thst might not-be done en the purest pound
and fraud was to be proved, not presumed. If this transaction be
in contravention of public policy, certainly the pkindff could not
succeed ; but he, for one, was not inclined to extend the doctrine
regarding public policy. He did not mean to censure (it would
ill become him) the course pursued by there who bad gone before
him ; but thus much he must say, that jealousy with regard to
public policy had been carried too far in Westminster Hall. Courts
of Law were not the places where these principles could be best
considered ; they could only be advantageously settled by the Le.
;Mature, which could take a broad view of the whole motedon of
public policy. It had been said, that although Fletcher 's evidence
did not apply to the plaintiff: yet if be were acting as his agent
at the time, to which hie evidence had referred, he wee batik to
the econequences of hr agency. But that point Ina not ado* at
Nisi Prins. If it vete to be raised, Lard Gilfostre otteatidu
should have been called to it. But the Ooirt would on, whin the
lonian was all on one aide, grant a new trial as this olljastioa.
With regard to the arrest of jadgmeat, ea he was at prolate ad,
vised, he thought there was no ground in the objectionefilne had
been raised to induce the Court to accede to thee pot of the Oils.
Respecting his brother Wilde's ar dal donnas no eaueitle-
ration,he was of opinion that there was Wake aeondisea.t
I don after the verdict. His brother Wilda bedi Mod to • wlely of
eases, to prove that tenantry at will MO did bidsbecause a tenant at will might, by the Wadi of bit lendblier 114
motored ; but where any doubt existed as to the tessetaeg, that was
held to he ground for a coosideraMan ; and
order* not be looked upon as • tetra:thee= With* per-
' chase ir the ship was a considcreion, and the eschews* would.
probably produce a benefit collaterally or immediately to Mr. Mel-
lish ; but the very lora the plaintiff sustained by the exchange from
' the Minerva to the Marquis of Ely was • considerattoe. As to
the Act of Parliament connected with the sale of places, if they
were to SO on refining and refining upon it so much, no appoint.
meot mould take platesafely under it. The Legislatur:: never meant
to miry the doctrine if corruption as far as it had been extended in
this argument, and the best proof of that was, that the word "am.
'my" woo wed le sew make of that Act of Parliament. *That
fast Me Coon the rule, and they were not warranted in ping
firths*. If the legislature had meant the rule to hare gone hither,
toy well net have tied up the hands the Court—they would have
that there should be no bargain. If that bad been the mean.
of Legislature, they would have distinctly stated it;
nod k Arno •yy en this reseed that either Mr. Mellish or
Captain Rlshsdwn were to receive pecuniary advantage from
It. Under al the c'reunistancm of the case, he did not see
wildest peed for greasing a new trial, or arresting the judg-
NUL
Net Jostles Ptah MA NO. Justice SE ant' olt delivered judg-
e... te the oleo Abate OP Lord Chief Justice.
Ids dietheiga

NJEWTOS v. lIEBERT.

This was a motion for an injunction to restrain the defendant,
a bookseller, in Chsapside, the publisher of a cheap scientific
periodical work, called the " Register of Arts and Sciences," from
publishing certain engravings of mechanical subjects, on the ground
of their being piracies of engravings contained in a work published
by the plaintiff: It was contended that the plaintiff had a copy-
right in the engravings in question, on account of their differing
in some respects from the original drawings of the patents in the
Inrolment Office, and that he was intiticd to the injunction, be-
cause the defendant's engravings resembled the plaintiff's. An affi-
davit of the mechanical draftsman in defendant's employ was read,
which stated,- that he had made the sketches from the original
daretcruttin es at the Inrolment Office, which he had previously in-
for a sufficient length of time to amble him to do so, and
at the defendant's espy differed in many respects from the
plaintiff's, and was a mere coned delineation of the original than
the plantiff's willssi so one of the engravings, the affidavit
• a stated, that the copy difiermi in ne arterial respects
' that from the therefate the pinimillf could have no
cca tin what was She worm, ease pupublic.Rrtirli c mromixammio alisermeaminimanaseveral engravings,
and
'notion foe t hewing
he *maim with the enprnimm id
codale defendent s Cenosel, refusal the

COURT OR RIM'S BENCH, ►user, Jos.2 2.

,-.„, __
.
Hokovd's order. the—lia= filit 011101111114 WAIPS6
neyMencral afterwards insil a viiiiilealsoir Iris Of MO.
der of Air. Justice Holroyd ebasid at bit set Wm solli a anialk
entered. or a new trial gran:ed.
Mesa. NCAULETT and flaws= swallowed airs, mg
tended, that the order of Air. Justice Hallnsyd 1111111 a be=
and that it precluded the defendant from raising any q yis.,
'pectins Ilotherhy's connection with the parties.
31eISIN. ATTORNEY-GEN KRAL. MAR RTATT, KM POLLOCK,
argued in support of the rule. They contended that Mr. Justice
Ben's order had changed the terms of the trial, and therefore en.
titled the defendant to get Mr. Justice Holroyd's order set aside.
The record would not be found good without the aineridment which
Mr. Justice Best's order had enabled the plaintiff to make. Mr.
Justice lkst had nut been told of the engagement of the defendant,
prof any ender by Mr. Justice II olroyd. They submitted therefore
that this disadvantage, under which the defendant had come by
mistake, ought to be removed.
The Lotus Cuter Jusrice said, the defence which the Court
was called upon :0 8411111:, was in form not in substance, for there

iLLW0i1111; V. BIRO.
nit wes on scrim bons& for ass onorting into a dsod of iepr-
mien. TM Mime won; Own ofroontont todo so was fronded
on tits condition of staying as &Mae, poscoodinga, Soc. for welt
against the parties. The evidence on the trial sem that en motion
for an assault hail been permitted to proceed to judgment, and a
verdict had been given for the plaintie: A mown was made to set
it aside, on the proof that the judgment had been given up in the
indictment.
The Cot: a r thought the pound sufficient, and wade the rule
absolute. •

On Monday last the first stone of Spilsbv House of Cor-
re7tion was laid, by J. F. O. Daslinood, Eq. of %Val.—.
Lenculit Paper.

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etrea a Cam Justice mod lib mem of dm obit. The
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the mime flwedßybod med IMAM! by ilia dellerime.
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and 1111 . Ne.ilfaltr INS
rt4dlte admit the fa Ile agemi lime, spa the
segsgemeat of dm is Maw 4 wit et me se, earl me
to Rat any skiseslo is /sod of anisilko_ . baby ow or the
Company, sod able OHIO the peaty tar mein imam deo mem 1
Ins advanced. The *MAP abardimda gee me Mile by Ms. Jae.
tics Bear to mood elm emeed, by eat
it ode dm madman of a
memorial of die mem at ilee Mego posy. As as Mei the
objection respecting Reamby Wog sae of the lido* me er., I
eluded by the Lord Chief Julia, ea the gamed of Mr. Jostles I
.._.