The British Press; or, Morning Literary Advertiser.
London, England, 1825-02-11 00:00:00

COURT OF KING'S BENCH, TI11:1111DAY, Fan. 10.

APPLICATION AGAINST AN ATTORNEY.
Mr. Justice BaxLZY entered the Court at ten o'clock, to take
common nor ions.
Mr. BRODERICX moved for a rule to show cause why an at-
torney of that Court, whose name he at present refrained from
mentioning, should not be struck off the rolls of the Court. The
circumstances appeared on affidavit to be as follows :—Mr. Cres-
well, • Magistrate of Somerset. thought it necessary to summon a
meeting of the Magistrates of that county, for the investigation of
several charges adduced against the party already alluded to, one
of which charges constituted the ground of the present application.
The facts as sworn to were these :—The Rev. Mr. Mirehouse had
been engaged with certain parties in litigation respecting a right of
passage through a road, and over a stream of water, in the county of
Somerset. Mr. Mirehouse succeeded in obtaining an order upon
the subject; and on his application for the enrolment of tke order.
the attorney against whom the present rule was sought, appeared
for the purpose of effecting an accommodation between the parties;
and out of his conduct upon this occasion arose the matter upon
which he would shortly anunadvert. The attorney proposed cer-
tain terms on behalf cf his clients, which were finally acceded to.
The terms of the agreement were, that the road in question should
be widened, the stream diverted, and a bridge over it erected,
either party paying a moiety of the expense. It was likewise sti-
pulated that the attorney should receive her guineas as a re:mineral-
tion for his trouble. This agreement was finally reduced to writing,
-and • copy made for the use of each party interested. The attorney
waited on Mr. Mirehou. e with a copy for his signature. On exa-
mining the paper so submitted to him, Mr. Mirehouse refused to
attach his signature to it, on the ground that the terms of it had
been altered eeeretly and without his approbation ; he consequently
required that the original agreement should be submitted to him
for the purpose of comparing. the copy with it. The attorney re-
pelled the accusation of having altered the Agreement, which he
asserted, was correspondent to the original ; but declined proilme-
ing it, en the ground of not having it then in his possession. The
original inetrunient was at length produced, when it appeared that
it had, subsequent to the execution of it, been so interlined and
altered as to ties ow an unequal and additional part of the expense
of the projected alterations upon the Rev. Mr. Al irehouse.
Mr. Justice BATLEY—When is this occurrence alleged to have
taken place P
Mr. BoonEnrox —ln 11121, my Lord, but it was pot till lest
November Mr. Mirehouse was summoned before the Magistrates
of the county, to give evidence touching the circumstances. There
were other matters then adduced againat this attorney, the present
charge among the rest. The decision of the Magistrates it would
be irregular to submit to the Court.
Mc Justice BATLEY—I should rather think your application
comes too late. The circumstances on which it was grounded are
' said to have taken place in 1811, and you come here for • rule in
15. I shall horeTer consult the Lord Chief Justice when he enters
• the Court.

Mr. BRODEBICB—Your Lotdship will please to observe.,
that the applizatiou is at tie inktacce of a Magistrate of the
county.
Mr. Justice nAYII.ZT—VCS but you do rot mean to say that
Mr. Mireliouse is not at the bottom it.
Mr. Ilvormittcx—lt could not have been brought before the
Court at an earlier period by the present party, es the investigation
before the Magistrates did not take place till Novemher last.
Mr. Justice BAYLEY expressed his doubts whether the rale
could be granted, but would take the opinion of the ',cirri Chief
Justice.
On the Loin Cnier JUSTICE entering the Court, the Berets
conferred.
Lord Chief Justice ABBOTT—We are of opinion you nay
take your rule, Mr. Broderick. This might have proved an to,
dictable otfence.
Rule grunted.

COURT OF COMMON PLEAS, WIIITMIYITER, FEB. 19.

WTATT V. cox.
The arguments of Mr. Sergeant Wilde against the rule for a new
trial, were given in our Paper of yesterday.
Mr. Sergeant Vat:ou•:4 now rose to support the rule being
made absolute. and said, there would be no cause to complain of a
Jury if it had been proved false, and that they had from thence
inferred the malice, but the falsehood had not been proved; and he
must say, that he thought his Lordship's address calculated to in.
flame the minds of the Jury, and it contained language which he
should have thought hie Lordship would not have used.
CHIEF JUSTICE-1 certainly thought that this lady was im.
pelled by a slight degree of anger, which acts very powerfully ors
the mind, without our being conscious of it. and which had urged
Mrs. Cox to go beyond the truth, and which I ant quite sure, if
she bad coolly reflected on it, she would not have lone one iota.
Mr. Sergeant VAVISHAN—Your Lordship put it to the Jury
to say, whether it was done from malice, which made them forget
the questios of falsity.
Cutler Joss-lox—l beg your pardon, brother Vaughan, but
I xrtairly said it was necessary they sheuld be satisfied of its
being false.
Mr. Sergeant VAVOHAW—Your Lordship certainly did, but
your Lordship concluded by putting the question of spleen to them,
and that it was the Jury caught up. The Learned Sergeant then
proceeded with his argument, and said it would be well for those
who were interested for servants, to consider what would be the
effect of looking with too critical an eye on these confidential son:.
munications. Their Lordships should consider, that they went
about to give a rule to direct the line of conduct to be pursued by
masters towards their servants for the future. What would a
master do if he could not give a character with safety ? Why be
would give none at all, which it could not be denied would be the
greatest injury to servants.
Cruz"' JUSTICE—If any person were to be so unjust ea to
cone to such a conclusion, be would soon be jus.ly pubished, by
having no servant to live with him at all.
Mr. Sergeant Vattottaw proceeded to say, that they must en.
deavour to hold the teaks of justice so as, on the one hand, to git •
protection to society, and, on the other, to suppress malice. Ile
would put the supposition, that Mrs. Cox had green her a charac.
ter for honesty, sobriety, and steadiness, would not Mrs. Burnet,
on the discovery of the truth. have had a ground of complaint ?
Mr. Justice GAB eLF.E—She was removed frotn the situation of
nursery.maid apparently for unsteadiness ; but it was a year and a
half after that Mrs. Cox gave the character : it would therefore
have been, perhaps, more proper for her to have said, 1` had been
unsteady."
The CurEw.ll:ST tow certainly thought, that a master was not
justified in giving the character of general unsteadiness, on account
of an affair that hail taken place a year before. Ile was not in the
habit of taking technical objections ; but there was one in one of
the counts, if he (Mr. Sergeant Vaughan) bad thought proper to
have taken it.
Mr. Sergeant 'i'exow.sw said, he should have been ashamed to
have taken any, for he defended .Mrs. Coz upon much better
grounds.
The Cuter JusTicx said, he should be sorry to give any opi-
nion if it was to go to a new trial, as he should certainly leave it to
the Jury in the same manner he had done before.
Me. Justice Bt• sitouclis wished to know where they were to
find the term " general unsteadiness."
The CHIEF JUSTICE then asked Mr. Sergeant Vaughan whe.
thcr he hart any objection to have the count alteree. The words in
the fourth count were, " she is very unsteady." The other counts
were disposed of, because it had not been proved that it meant us.
steadiness with regard to the male sex. According to the evidence
of Mrs. Burnet, the count metitioned could not be sustained. He
should have no objection for the case to go down to the new trial
upon the payment of costs, and the plaintiff to have the liberty of
amending the count, and to enter the words " generally unsteady."
Mr. Sergeant VacollAX said, lie did not intend to make techtf.
cal objections ; but if his Lordship had said there was no evidence
to go to the Jury—
The CHIEF JUSTICR—Then I should, as Lord Alderney has
said, have been a must rash Judge.
Mr. Sergeant Vatiosrax—But still, my Lord—
The CHIEF JurricE —Brother Vaughan, the better part of vs.
lour is discretion ; you had better not force me to state my opined .
After a few more desultory remarks, Mr. Sergeant Vaughan sig.
nitied his acquiescence in his Lordship's suggestion.
Hule made absolute for a new trial, on 'he payment of costs,
with liberty to the plaintiff to amend the fourth count.

BOROUGH OF STAFFORD.

THE ICING s. SIR GEORGE CHETWYND, BART.—TILE /RIM

T. JOHN HAWTHORN.
Mr. CAMPBELL moved this day, on the affidavit of Mr. Flint.
on the part of the prosecution, for Rules to show cause, why the
trial of these cams should not be removed from the county of Staf-
ford to the county of Salop, or some other adjoining county, on
the ground that a fair and impartial trial could Oct be had in the
county of Stafford, the affidavit stating, that the general Attorneys
of the defendant Chetwynd are the present acting Under Sheriff's
of that county, and consequently summon the Jury.
Rules granted.

LIVERPOOL, WEDNENDAY EVENING.

Wind W. to W.S.W.—Bigti water 14 minutes past 3.
Arrived the Ann, from Belfast; Milo, from Leith ;•
Oglethorpe, from Savannah ; Washington, from Charles-
ton ; Allerton, from Jamaica; Shamrock, from Belfast ;
Thorn, from Demerara ; Argoo from Plymouth ; Hope.
from Glasgow ; City of Dublin, from Dublin ;. Bluaey.
from Ditto; St. George, from Drogheda ; Gips!, from
Strangford ; Gnat, from Londonderry ; Catherine amit
Jane, from Newry ; Caldwell, from Ditto.
Two brigs and one snow off at half-past four.

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