The British Press; or, Morning Literary Advertiser.
London, England, 1805-08-24 00:00:00

TUNBRIDGE-WELL ti, A MUST 2t

This place continues to fill very fast, every (lay
brings fresh arrivals. The late fine weather h.is
cheered us extremely, and though the walks and the
parade be not crowded, yet the roads, the paths,
the rides, and the fields, teem with fashionables,
and the high parks aaear like a fair ; even Has.
ll-
aisoN's Rocks boast dinner and tea parties every
day, and Penshurst, Bayham, Tram, and every
charming !ace, with which our neighbourhood
abounds, eintind with the prattling of our Aar.,
and not "soft-n with the braying of their meek
and sure-tooted steeds.

Among our last arrivals are, Lord and Lady
Newton-1-, Countess of Pox r•RLINOTON, Messrs.
Gnanstit ins, Mr. and Mrs. UNDO, Mr. and Mrs,
Wom ea rLI , Mrs. Lusttsv, Rev. T. PAY Lxa, Miss
R Mss. Si NACNNY, &c. Ice.
...fry the MASTCR of the Cc/testi:rates gave
r hall, which was most nobly and twiner-
on .1) attended. In WI it was the fullest that we
hive known for several years. The Upper Room:
wcre literally crowded; fortunately the evening
was cold and chilly, or otherwise the dancers would
have been much incommoded with the heat There
were ,hove sixty ecople of title in the Rooms. The
dancing began with great spirit at half past nine ;
a:4l. the company did not se,iarate tilt a late hour
in the naorhing, and seemed aduated by one spirit ;
and the ease and good humour which played on the
countenances of the merry groups must have been
a Battering avowal of the esteem in which the
MASTIC of the Calmmosit is held by his noole and
fashionable gursts.
The Duchess of Bot.row, Ladies E. Lorrus, C.
A. WOMRVICI t., %TILL AttS, MONT•
foist, theme, &c. Ste. graced tho assemblage
with their presence, and cuutributed much to the
gaiety of the scene.
On Monday the Roston Volimteers marched from
Grantham, where they have been doing duty for
fotirteen drsys: two days previous to their departure,
the Officers of that Opp' were entertained with a
dinner by Lord lletowtstow, at Belton-house.

A Ministerial Print at yesterday has taken great
pfurs to prove that Lord Cssr Li:du:acres failure in
Uown.hirr wds not :o be attributed to any hatred
no Account nt his constoet in the business of the
t but that it arose entirely from personal dis-
like, and &Le superior interest of the Downs:Me
family in thit coo ity. Lord C*3l LCIICAOII will
not feel himself much indchte4 to Isis candid advo-
cate aad apologist.

Larry INTFI.IIICENiL
COURT OP CfI.‘NCERY--Yitic.Ar, Auoust JS

it .0 ARCM v. IMIL rxitmcnsiatitseac OTHERS'.
This case resneeed the ligacieCtai the different
Religious Ordiirs, which vit have in often men.
cloned. The .n/nCIIANCIfI.LoR, thh day, pro-
nounced judgitient. His Lordship said, he was
sorry to be obliged to declanr, that after the most
mature consideration, he could riot judge theliets
without farther information from the Master ; the
business must, therefore, be sent back to him to
i-quire whether, and under what circumstances,
these different religious houses existed at the time of
the testator's death, and also under what circum-
stances, and by what Audio:4y they at present
existed ?

Mr. Ptownee said, he hoped his Lordship h •.1
not so unalterably fixed his opinion, as to make it
uniwcessary for him to address a few words to him
on the part of the legatees, which being lately em-
ployed, he craved permission to do.
Mr. Rost lute, on the other side, said he hoped
his Lordship would not countenance such an un-
precedelited proceeding, as to allow Mr. Plowden
now to enter on the argument; if he did, there would
be no end to arguments, as they could he kept be-
fore the Court to eternity, by the parties taking in a
fresh Counsel.
Mr. Proor thee made a few observations ; bnt his
Lordship said, there was nothing could make him
believe that he ought to make an order different
horn that he had already made.
Er parte nit Sr KT, in tie matter al MILL,. limatie.
'Phis was an application to obtain a surd of 4.4001.
of the property of the Lunatic, for the purpose of
defraying the expellees of inelming part of the es-
tate of the Lunatic, in Yorks :ire. We reported die
arguments in a former paper. The LORD CIIAN
CLL.! on this day ordered it to he referred to the
Master, to enquire how much of the Lunatic's pro-
perty should be paid far the inclostire, and bow
much the persons oisning the inheritance ought to
pay, and hose much they were willing to pay.
11•11 COME dind O'CALLEGAS V. FLOSS and oTnitits.
This was an application made by Mrs. Malcome
on behalf of her children, some of wbom were
minors, and the objet of it was to have the chil-
dren removed from under the care of Mr. Giles
Powel, a clergyman and school-muter, and to
have Mr. Carr, who had been appointed Solicitor
by the. Master, removed ; and also to have the cause
take ri entirely out of the Master's office, and trans-
ferred to another, and that the master should pay
the costs.
'Mr. RICIIARDS, on the part of the Plaintiffs,
stated, that the ground on which Mrs. Malcome
sought to take her children out of the custody of
Mr. Powel, was the immoral condud of that gen-
tleman.
Mr. lli cKA aDS then proceeded to state, that the
ground of the application to remove Mr. Carr, the
solicitor, was not any charge of misconduCt against
him, but merely because he had been appointed by
the Master, whose private solicitor he was, without
' any direction from the Coma, or consent of the
Plaintiffs; and, finally, that the reason he sought
to remove the cause fr. im the Master's ()Mee was,
that the Master, from his intimacy with Mr. Powel,
could not ad in that impartial manner which was ne.
cessary for the purposes of justice. Mr. Rico A nos
then, 1.1 a speech of considerable length, interspers-
ed with many profound observations, detailed the
faits, which were as follows :--T he testator, who
had lived with Mrs. Malcom for a consider ahle
time, and had many children by her, died in to •
year 1796, leaving a considerable property to be ci-
vided amongst them. Immediately on his death,
the children were placed under the care of Mr.
rowel, it not being thought expedient to let
them remain with their mother, on account of the
m inner in which she was conneded with their
father. Some time after this, Mr. Power wrote se-
veral letters to Mrs. Malcome, expressing his won-
derful attachment for her, and filled, as it was stated,
with the most fulsome tales of love and dying stories
that ever were exhibited in a fashionable novel.—
In consequence of these, and some concurrent cir-
cumstances, Mrs. Malcome applied to Mt. Low,
an eminent Solicitor, to file a Bill in Chancery, to
have an account taken of the property of the testa-
.or, and a guardian appointed to the children.—
This was accordingly done ; and in the year 1799, an
order was made to refer it to the Master, to take
an account of the property of the testator, and to
report t proper person to be appointed guardian to
the minors. At this time, as is usual in this kind of
equoes, which are called amicable causes, there was
but one Solicitor ho all die parties; but, when they
went before the ' aster, in the month of April, 1800,
he suggested .ti it was necessary to have two So-
licitors ; and `
.tier some opposition on the part of
Mr. Low, who argued that it was customary ; the
Master appointed his own solicitor, Mr. Carr, to
ad on one side, without making application to
the Court. Mr. O'Callegan, Who WAS a par-
ticular friend of the testator's, a: this time came
up to town, and offered to take on him the guar-
dianship of the children ; but the Master, as
alleged by the Plaintiff, being instigated by the re-
presentations of Mr. Powel, for whom Irk had a
great friendship, refused to appoint him gardian,
unless a lady of the name of Ashbonrn was jiiined
with him. Ibis Mr. O'Callegan refused, and tilt
Master was about to appoint Mrs. Ashbourn sole
guardian, but the Plaintiffs having opposed it, Mrs.
A. died pending the litigation. The matter has
ever since remained in the same state, the children
being sti I left under the care of Mr. Powel.
Mr. Ow to, on the same side, argued rt consider-
able length, making use of extremely strong lan-
guage against Mr. Dowel, and also throwing consi-
derable blame on the Master for allowing the opi-
nion •'f Mr Poo el to sway him so much. _

Mr. Rohm Lir appeared for some of the Defend-
arts, and submitted to the judgment of the Court.
Mr. HART, on the part of Mr. Powel, sail this
application had not been made, fur the purpose of
doing justice to the infants, to the Tribunal of the
Court ; it had been made fOr a very different pur-
pose, and to a very different tribunal—that which he
meant was the tribunal of the public, and the
purpose intended to be effeeted was the blast-
ing the character of a gentleman whe had
atted to the children as a father. This case
was formerly before the Court, and it was with
the greatest pans published at considerable

:maw

0,401; tt whole newspaper covered wait A And
cfrculated all through the country where sir Powel.
rto/d ; all these letters Attributed to him, being fub-
,iisherl-at full length.
Mr.,R co a a in reply, mid, every thing he had
stated must be considered as allowed by Mr. Posed
and ti'le Master, as no of idavidi had been made.
-.4)rie Loan CNA xcet. tom said, that with respeet
to the publication which had been already made, of
the proceeding in this caisi• at the last hearing, he
could do nothing, hie ex,ir..ss his regret at it ; he.
h•td said nothing more on that occasion, with relpeet
to Mr. Powel, than that as he was not bseore the
Court, he could not be taken any notice of in the
cause. His Lordship then adverted to the case
of Vancouver and Mks, on which a complaint
had been made to the Court for a mistatement
in a newspaper, and again repeated what he had
said on that occasion ; namely, that if any untruth or
libel was set forth in print, or if the law did not al-
low this kind of ex parte statements, the Courts of
Law were open, and to them application should be
made. His Lordship then went over almost the
whole of the case, and said, that the children
should be taken out of the care of Mr. Powel,
as he wisely did not wish to keep them ; but as
to ordering the Master to pay the costs, he had no
kind of jurisdiCtion to do it. His Lordship allowed,
that if the Master aFted by Mr. Powel's directions,
he did very wrong, and also, that he did wrong
in appointing his own solicitor to conduit part
of the cause; but now, at the distance of four
years, he could take no notice of it, and would not
remove the cause from the Master's office, hut
order that he should proceed in it de die iq diewe,
and if it was wit convenient for him to proceed
during the vacation, then that the Eumma. Master
should go on with it.