The British Press; or, Morning Literary Advertiser.
London, England, 1824-08-13 00:00:00

HOME CIRCUIT.

KENT ASSIZES, MAIDSSONE, ANIMIST 11,
CIVIL. SIDE.
[D' 'SMr. MASON Oa•Hatt ead SpeCia/Jllv2/1
THE %IWO r. THOMAS ?MAIL
This was an information filed by the Atteener-lieneral against
the defendant, fur a misdemeanor In OfThring a bribe to a prawn
'belonging to the smuggling blockade service, to Induce hint to con-
nive at the importation of uncusionied goods.
Five Learned Counsel were employed against the defendant, who
a in person, without Counsel.
appeared
the evidence of Jeremiah Kelly, a seaman be- I
longing to the Radiates, that on the morning of du. 17th of Fat
Motley last, whilst he was on duty, the defendant ap:died to him
to wink at the landing orcertaln contraband goods, and ufb.red him
bribes of 61. and 10/. respectively, to negleetbis duty. which he de-
clined acerPlina. The seaman reported the transaction to his
commending officer, and when the defendant appeared again at the
nest watch, for the purpose of cco.linning the bribe, he was
' taken into custody.
The defendant denied that he had actually offered any money
to the preventive-man, but did not traverse the overture in
question.
The Jury found him Guilty.
Vile [lx* v. RAZES.
This was an information against the defendant, fur making a sig-
nal to smugglers on the coast.
There was the same array of legal talent against this defendant,
who was also without Counsel.
The signal alleged to have bten made by the defendant was, in
having exclaimed to the crew of a smuggling vessel, " Keep
off" when one of the coast block-de appeared.
James Dixon, one of the crew of the Ramifies proved, that he.
Ns on duty at Old Stairs Bay, between Deal and Dover, about
two o'clock on the monitor of the 13th of August last, when he saw
the primmer near the Cliff. There was a smuggling boat close on
shore. The witness asked the defendant what brought hint there ?
The defendant immediately shouted to the smuggling crew, in a
loud voice, three times, " Keep off!" upon whi.•h the smugglirg
vessel disappeared. The defendant was, however, taken into cue-
' tidy ; and it appeared that there was a body of men in the neigh-
bourhood, waiting the arrival of the sumeling vessel.
Al r. Baron iflaattats expressed considerable doubt whether the
mite was within the statute upon which the information was found-
ed, inasmuch as that statute was directed against secret signals,
each as flashing &c. Now he could not conceive how the words
1" Keep all:" could be construed to mean a signal within the moan.
log of the statute,' because thaw words were clearly intelligible to
everybody.
The Counsel for the Custorna endeavoured to convince his Lord-
ship that the weeds alleged clearly imported a signal within the
mewing of the statute.
The Learned JUDGE, however, expressed great reluetanee in
ruling in favour of the Crown. He would reserve the point for the
consideration of the King's Bench upon the construction of the
,stanite. lfis Lordship left the facts of the ease to the Jury.
The Jury found specially, that the defendant bad used the words
" Keep oft"
The defendant being thus found guilty, subje:t to the opinion of
the Court above, was released upon his own recognisarne is WOE-
to come up to receive judgment next term.

THENOV. HENRY FOSTER.
This was an information against the defendant and fourteen other
persona, fora riot, at Deal, on the 7th March, 1821, when two per-
sons, named John Smith and F:dmund Payne, were barbarously
and inhumanly assaulted and ill used bya brutal mob, who tarred'feathered, and paraded them in a cart through the town of Deal.
This was the fourth prosecution for the same offence. Three
ether defendants had been convicted as parties to the transaction
is question, and punished by the Court of King's Bench with
severity. The particulars of this case have been three times before
the public en the occasions alluded to. Precisely the same evidence
was given on this as on those Occasions. It was proved that the
defendant took an active part in the barbarous transaction, which
was the subject of prosecution. Both prosecutors swore positively
Is his identity.
The defendant did not deny that he was present amongst the
mob, but said that he had just come on shore and joined like others
in the crowd, who witnessed the treatment of the prosectatori.
The Jury, under the Learned Judge's direction., found the de-
fendant Guilty.

GROWN SIDE.
Jews Cannier, was indicted for assaulting Robert Hamilton on
the King's highway at Deptford, on the 9th of :ilsy last, putting
him in fear, and taking from his person two seals, a watch-key,
and other articles.

The prisoner was driver of a Greenwich stage-coach, and the pro-
secutor stated, that about half-past nine in the evening of the Bth
of May, he was standing in the Broadway. Deptford, when the pri-
soner drove up, alighted from his coach, ruthed past him,
and snatched at his watch, but the ribbon giving way, the seals
only were taken. He pursued the prisoner, saw him throw the
seals into the road, and took him into custody.
On his cross-eitamiet.tion, the prosecutor said he followed no,
regular business; that he was perfectly sober a hen the rubbery
toot place t that he had himself been in Maidstone tool on a charge
of uttering base money, and had suffered a year's imprisonment.
He swore positively that he did not accuse a man named Nicholls
of this robbery, and was quite certain that the prisoner was the
offender.
The prisoner was proved to be a man of respectable character.
Nothing was found upon. him. He was releseld by the constable
for the night on his own promise to appear before the Magistrates
next morning, when he appea-ed accordingly. There was a great
crowd about the prosecutor when he was rubbed, and some DOW.
bus thieves were seen in the crowd.
Two witnesses were called on the prisoner's behalf, who swore
that the prisoner could not have been the offender, inasmuch as he
was not near the prosecutor when he came oil his coach-box. They
added, that the prosecutor was drunk at the time.
The Learned JUDGE left the prisoner's identity as to being the
robber to the consideration of the Jury, and they immediately touted
the prisoner Noe Guilty.
James Balmer was indicted for maliciously cutting arid maiming
Richard Price, at East Greenwich, on the ilith July last, with
'totem to murder him.

The prosecutor deposed, that he was a publican in Southwark,
and occupied some land which he had purchased of a Mr. Barnett,
at Greenwich, one part of which he made into bricks, and the rest
he left in pasture. The prisoner had formerly occupied the same
land, and was in the habit of turning out an old horse upon it. Wit.
Dem warned him not to do so; and in consequence of his continuing
to do so he impounded his horse. On the 16th July the prisoner's
horse was again trespassing on the land. Witness warned him of
it, and said, If you don't remove the horse I shall impound it."
The prisoner replied, "If you pound my horse pound you."
Winans called his servants to remove the hone, when the prisoner
suddenly opened his coat, drew out en axe, and struck at him over
the temple with the handle of it. Witness put up his hand to
guard his head, and the prisoner struck at him again with the
Wile of the nee, which cut his hand and took a bit of flesh out of
it. His head bled very much from the first blow.
In this stage of the case the Learned Judge interposed, and told
the Jury that, in his opinion, the facts proved would not bring the
offence within the scope of the indictment as to the intent alleged.
The prisoner was certainly liable to an indictment fur another of.
fence, but not one of s capital nature.
The Jury, therefore, under the Learned Judge's directions,
found the prisoner Not Guilty.
likhartl Ilarris was indicted for herglariously breaking and en.
tering the dwelling.house of Miss Ann Grace Lyles and Miss
Lottita Lyles, in the night of the 20th February last, at Ton.
bridge, and stealing therein various articles of silver plate, some
gold e..nicets, and various articles of wearing apparel.
The principal witness in support of the prosecution was an ac:
complice named John Avery, who deposed that the prisoner and
another man, named Joint Halrentlen went with him to the per.
breakingmites of the prosecutrists, and after: open a stables. hence
they took a ladder, they entered the dwelling by breaking a win-
dow, through which the property in question was handed. The
noise alarmed the inmates; an alarm bell was rung, and the fe-
males screamed with vehemence, whereupon the robbers decamp-
ed. The booty was afterwards ilieposr.l of in London to Mn.
Manning, of No. 9, Boaenta-v•lane, eh) bought the gold and
silver at 3s. an ounce. The produce of the plunder, at this rate,
was 61. 12s. Manning gave witness rd. saying that he should keep
the 12s. for his own fee. Witness then went to Billingsgate, and
bough: some end fish, in the way of his trade as an itinerant fish-
monger, and his father and he re:urned to Tonhridge in a fish-cart.
He afterwards saw the prisoner, and gave him I!. Ile had never
seen Hatfenden since. The other 34 he kept himself, and spent it.
The father of the aecompliee corroborated his son's story in the
particulars with which he was conversant.
Several other witnesses corroborated the accomplice in minor
circumstances, but
The Jury found the prisoner Not Guilty.

CROWN SIDE. Turastwr, Avotss 12.
CIVIL SIDE.
COVETER V. TOE IirNDUED or TXTEUSIIAIf.

-
This vats an action on the Black Act 9 (lm. I. c. 21.5. 11, against
the inhabitants of the Hundred of Vermillion. to recover a punt of
2001. as part compensation for the malicious destruction by tire of,
a barn and certain stacks of corn belonging to the plaintiff.
91r. Sergeant TanDy and Mr. Botta/1D conducted the plain.
till's rase; Mr. 31A•ItYVIT and Mr. CHITTY that of the de.
fondants.

The plaintifi' was a respectable farmer at Deddington„ and had
an oti.liand farm at Newnham, where looker and his family re.
sided. On Sunday evening, the 211th of September last, after
the family were retired to rest, they were aroused by a light near.
the dwelling. It was immediately discovered that a large barn
was on tire, and that an oat stack was in flames in two places.
The tire spread rapidly, and in a short time destroyed property to the
amount of 1,099/. and upwards. From the appearance of the fire
when first discovered, it was manifestly not accidental. In antici-
pation of the intended defence that it was emoted by lightning. me-
veral witnesses proved that the night had been tine, and no light.
ning visilde. It was suggested that the tire IMtd been kind;ed by
some person who bore malice tet-anis the plaimilf in consequence
of his baring been very active in the suppression of poaching. and
in reducing the pool's rates of the parish. The usual notices hail
been given to the inhabitants, and depositions made before a Ala-
glstrate, in pursuance of the directions of the %ratite. Steps had
also been taken to detect the authors of the mischief, by advertising'
• reward of NM but without success.

The defence set up was, that the fire tr,s 0.-caylonett by light-
ning ; and /several witneues were called, a M. that on the
evening in (motion Hashes of lightning had been ►een, but not
sufficiently strong, in their judgment, t, do any mischief. They
admitted that no thutaler accompanied the lightning.
Mr. Sergeant Taunt' wan stopped in reply.
Mr. Baron Gamiam summed up the evidence, and the Jury
found their remit; for the ileisit —Damage'

CROWN SIDE.
Before Mr. Attlee ButillOCene.
Wilßaas lEgg was indicted for feloniously killing sod slayiti
lSoinsnon Cock, on the 26th April last, at Linatead.
Mr. literals conducted the prosecution. The primmer dad the
detained were paupers in !.instead worklinuse, and the deemed,
a lad shout In, !tad the care of the liriatineett children. On the day
mentioned in the indictment the prisoner came into IN mom where
the deceased was. and struck him several lames. Preview* to
this time the deceased had been in a bad stateed health, but wan
tt en comalescaet. In three days after the heating the deceased
took to his bed, and died sixteen der afterwards and it wan fur
the Jury. to determine whether the death was occasioned-by the
prisoner..
Jot*t Caner ptd Elizabeth Bonny. mutters in Linstead coo-k-
-house, deposed to the circumstances of the ease. 'The deceased
had the care of two of the prisoner's ehilt'ren In the kitchen of the
workhouse. The children *ere crying, and complained. in the
hearing of their father, that the deceased was bestir 6 them The
pritoner, who was in an adjoining apartment. came into the kitchen,
and struck the deceased several ttlona with his fist. The blows
weer tax seer violent. In two days afterwards the deceased took t
his bed, and at the end of sixteen days died. He hpd n a
weakly lad, and had a complaint in his heart. It th.t
th% prisoner's wife had incited Mtn to strike the deceased, upon
hearing ::he latter heating the children.
The Siirgenn of the workhouse deposed, that the deceased had
been ill for two
_oats with a pain in the chest, and was greatly
debilitated. , After death the body was opened. mid it alai dim,-
vered that tZe left lope of the lungs was inflamed. lailiumnation
in the kidneys wan the immediate cause of death. The-.e were no
external marks of violence on the body, nee were there any internal
appearances to warrant the surgeon in saying that the ioNstrestatton
was produced by the blows. The deceased was a nervous subject,
;aria whom passion might have powerful effects.
An attempt was made togire in a dying declaration of the
ceased, hut as it was not made tinder the apprehension of approach.
ing alasolittion, it was not admitted in evidence.
Ma 'Justice Hu annum' loft it to the Jury to say, why-the?.
upon the evide;:ee they had heard, the death of the deceased cen!J
be attributed to the violence of the prisoner.
The Jury found the prisoner Nut Guilty.
The Learned JUDGE severely reprimanded him foe his Intempe-
rate conduct, and ordered him to be discharged.

MIDLAND CIRCUIT.

DERBY, TUESDAY, AUOCIIT 10.

PARK V. elle Hot. AN't sty. termer,. siker:J.l%
hundred guineas,
•an action brought by a Major Park, to teerntr two
hundred guineas, the value of a hone sold to the Rev. defendant.
The plaintiff, in February Jul, was staying at the house of his ea.
phew, Sir G. Sitwell, and hid with him a valuable hunter, which
coming to the earn of the defendant, he offered to purchase The
fume. The Rev. tientkman was not a clergyman " passing, rich
with forty pounds a year," but kept a pack of fox bounds, and had
acquired no mean celebrity in the chase. The Major not being
able to hunt, disposed of the horse on the promise of payeitint
201/ trainees. having immediately before refused 150 rulers% tor
the same horse. The defendant howl examined the horse witk all
the tact derived from a long experience; lie bad also mink his
groom. xamine it, and not content. with this he requetied the
plaintiff to seed the horse to his farrier, which the phuntrr corn-
-plied with ; and the animal having passed through them ortleaN,
the vendor sent .the horse, witb a request that the money might bs
paid, as he was then going on the Continent. To this the ekrgy-
man sent a verbal menage, " that he would see the Major the iwitt
day and give him the money." The Rev. Gentleman not k rtipirg
his promise, a written application was made to him for payment,
to which he answered, " that he had discovered that the hotly hail
corns." Now, no warranty had bees made of the horse ; and the
defendant had kept this hunter for seven weeks during the hirntirg
senor, and it was not until the very end of the hunting venter that
he returned him to Major park; and when he did return Aim. he
sent him to Sir Cr. Sitwell's, so ill used, and in such an ill condi-
tion, that .sir Crorge did not recognise him for the sleek anin•alu-
able animal which his uncle had sold to the defendant. Fbilinr
Major Park had gone on the Continent, defendant sent the Lane to
the plaintiff's seat, at Higbheld, near Liverpool.
Sir 6. Sitwell recollected the defendant negotiating thektar of
' the horse with his uncle; the horse was tried before Mr. Sarille in
• every way he requested; time Major's groom, at the desire or ex
defendant, leaped the fmrse over some fences ; the hone etfuseti
every leap, at which the defendant exclaimed, "Mv whipper-ni
would have carried him over, if he had b.' t here." The defendant
said he was a slow galloper, but made no other objmtion. itneot
delicately hinted to him that he was authorised to receive thit par_
went for the horse, his uncle being abroad. As soon as he met,
tioned his ureic being on tile Continent, the Reverend ilffewiar.:
asserted that the horse had corns, and refused to pay the money.
The horse was sent to witness's hohite cn the 25th of March, as a•
wretched condition.

John Fidler, servant to Major Park, deposed to the defendant
having examined the horse in every way he desired. At the de-
fendant's request he took the horse to a rarebit, and the farrier hay-
ing approved of it, he took it to the ,kfendtet, who sent word that
he would give a check for the money.
Cross-examined—Never knew the home fa have corn,. Had
never described him as "a cursed lumbering btast."
J. Weelden, servant to Major Park--The horse was resumed on
the 7th or Bth of April, in a very bad conditien., with his knees
broke, and an illfilUSlMltkill in his foot. He had seen the hone
shed swee atm, and It had no coma.
A letter war then put In, written from the tilaintiff to the de-
fendant, avowing the horse to be in a perfect state. and tequeming
payment of the tne guineas i to this the servant brought back the
message that " the Rev. Mr. Saville would seed a check the next
day.'
Eiuht witnesses were called, to prove dut the horse had been
warranted by the plaintiff; and that at the time of warranty
he was lame, and incapable of hunting. The evidence of dint
persons was, in several cases, got rid of by cross-examination.
C. Sharp, the Rev. Gentleman's huntsman, deposed as follows :
I tried the horse on Sunday, and found him the worst beast I ever
sat on ; he never took his fence, and could not go at all on hard
ground ; I returned him in a better condition than I received him
he had often been on his head, but never on his kneed, and could
go better on his head than upon his feet.
Cron-examined—The hone came or. Friday, and you tried him
on Sunday It—Yes.
Did you try him by the Reverend defendant's order ?—Yes.
Is th.at the usual way for a clergyman's servant to keep the Sur-
day ?—No answer.
You tried the hone in the middle of February, and reported him
as utterly worthless and unlit to hunt ?—Yes.
Did your master make use of him in hunting after that ?--Yrs.
Up to *hat day ?—To the 24th of March.
.l hen did the hunting season cease ?-0n the 27th of March.
Me. CLARK addressed the Jury, commenting on the effrontery
and profligacy of many of the defendant's witnesses.
The Cater JUSTICE stated, that the Jury had but three points
to try—whether any warranty had been given with the horse by the
plaintiff--whether that warranty was just and true—and whence
the defendant, by not returning the horse within a reasonable time.
had not waived or lost the benefit of any such warranty ? This
was, in point of character, a very serious cause. and he regretted
extremely that such a case had been broaght into Court by any
clergyman of the Church of England. With respect to the war-
ranty of the hone, there was evidently no warranty given at the
time of sale, and in spite of the testimony of the Reverend defer:.
ant's servants. he believed that no subsequent warranty hail been
ever given. The defendant pretended that the unsoundness of the
horse had been discovered immediately after the purchase in
February last, and yet he did not return him until the 25th of
March, but kept using him for six weeks, and until the hunting
season was nearly over. It was his they, as an honest man, to re-
turn the horse as soon as he discovered his tenmundneas ; and it
the horse had really been of the description pretended by the de-
fenelant,did he do his duty as a clergyman, or as a man of commas
humanity, to expose his servants lived to the peril of hunting off
an animal of so dangerous a description P The defendant would
have been answerable for the death of his servant, had any such
accident happened. Ile was sorry to make there oldmrsations on a
Peron of the defendant's rank and profession, but he must say, h.
was extremely iishmiest of the Reverend Gentleman to permit the
horse to be rod: day after day throughout the whole hunting season.
and now to expert, by the verdict of a Jury, to exonerate himself
from the payment of his contract.
The Jury immediately returned a verdict fir the .plaintifF.
Damages—Two hundred guineas and costs.
__

ETWILSIDAY, AVONIT 11.
The Conn met at ten eclat* this morning for the disposal of the
remaining causes. when the tint called Was—

iII•XTOV r. JOHN 131.TXTON.
This case between near n•lations, being brought by nephews
against an uncle (executon, for expulsion front a farm into srPti:h
the plaintiffs came ir.to possession under the will of the father la
bill in Chancery being already filed against the defendant for in a:.
count of his stewanlship of the firm during the minority of the
plaintiffs), was referred to Mr. Pennington on the u►ual terms, and
other matters in difference.

The (`our: broke up at eleven o'clock. and about one the 'Jere.'
left 'he town for Leicester, at which ',laze the Assizes couicoeccs
this day.

NATURAL ElsroßY.

From the R.wister of Arts and S.-irze.-s 1
M. Cuvier has lately presented to the French Acatler
of Sciences a Report on the state of Natural History, anti
the vast increase of oar knowkslge in that department s:nce
the return of maritime peace, the details of vilieh s:e
highly interesting.
PLANTS.—In 1778 Linnicus described about S 000 spe-
rice of plants. M. Dreandolle has now increase-a that 11,4
Ito -kW°.

Quartarrrna.--The number of trydruprda wag cs:f_
mated by llutlon at about no(); already has NI. pesmalLts
enumerated more than 74.0.

de Lacipeae, who, about twrntv vi•ars
*rote the history of all the known spece::: of fish, muL
them less titan 1.300 in number; now the Ca`int.t of the
King alone contains more than and they are
eonsi,lcreil but a► a small portion of what will yet be
furnished.

Ilirds and reptiles are numberless ; the cabinets ate
crowded with new speeics which are not vet cussed.
Insects are brought from various climes by thousantls :
the cabinets of the King contain alr,ady tin:e thats
2.; ,000 .recies.

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be. Oh. but 31r. Pownal was not paid his costs. upon being die . rtlations, but that they, llke hhcistif, May die et before his win
charged ! Wity.ded be not ask fur his costa? For no one keetv can I.e carried into effect, owing to the perfect system of Mb.
better what would be the cuusequence to his clients. It the fund . l'ourt ? Mr. Hart objected to lei* speeches at this semen of the
created e y the testator's win had been in Court, where it should he, year, but the justice of the Coons did rot depend en 'Talons ;
Mr. l'oweal coold have no apprehension fur his costs; but 31r. and if thistriotioncaneot be granted without Mr. Pownal's consent,
Menial's diligence for his clients, and his reverence for the prat-. it wiit be plaeiDle ap
ent in u wooden trap which will ma icatantly
tie: of the Court of Chancery, trrevented his atteedlng to either. kiil him, but will uce irky a slower and more painful opera.
The testator's will was no doubt full of difficulties, hut how did don. A plaintiff could employ a note solicitor in the magnate of a
rile Pownal meet .he charge of not having taken a single step from ; cause, OS Laid down in the case of Tonle reel Hartle% 13 Verity
the year 1815 to the year lie2o? While yet, forsooth, iie toll there 193, and certainly a defendant could do the Lime. Here he must
er paup clients--thcse defrauded clients, that he runic continue to , tell Mr. Hart that he did rot r..iee this gees ion to produce tiny ,
be their attorney ' The whole case was enough to tire the hung. I popular clamour; bat 1:e askre if Mr. Pownal's ce
ndileteras '
nation, and to curdle the blood of any man. who had a head to I till tight, why he did not rather court inquiry Mar. elaink front i: ?
think On a heart to feel. The affidavit of Mr. 31onkhotote, I When he (31r. Heald) considered that the testator tu this ease died
which was filed on the '_lst July. totally denied the statement ! twelve yens ayes, and that his relatiors had rot a shilling of his ;
of Mr. Powlial as to the conversation alli:ged to beheld at his i property for nine years, lie owned he amid rot bear the calmness i
house when the subpoena was mentioned, and distinctly aver. • and the teutpetance exhibited by Mr. Hart, who read the state.'
ray that. he (Mr. 310M:house) would make tio objection to 1 ment of then sufferirgs as if he were reading the commonestwarmlyon'
Richard and Martha Swayne after • the return dep. Edward I cause, nor that there appeared to be ready pens before hint. who
Pownal, who brought the aubpwna, asked the address of diet avoid give his honest, unbending, and fearless sent:mints to the
unhappy !wings, who were his clients for a eaten years before, ! public. Ile hoped his lordship Would grant the motion, with
so little did he know of their miserable situation, or their unroofed i costs.
and forlorn habitation: if that ary shelter rescued them from the I Mr. iIART-1 perotive the decision in Veticy is ore made by !
winds of heaven, and the storms of a terrible adversity. Ile. l'ow. Lord Erskine,
mil only knew his clients when they returned to his chambers. as if Mr. IIEALD-1 did not know it. Tam indebted for the ease to
to seek an alum; and no doubt. while they met a temporary, the zeal and study of my friend Mr. Iceraley. I confers as to this
though miserable relief, they would not be very iikely to change Court, it does not rank with me as highly as if it were lord El.
their Solicitor. At the time when Pownal's affidavit stated that don's. but It serves to distinguish the practice between this ('ours'
Mrs. sweetie called, it so happened that abe had taken out letters and Courts of Common low--of which „lord Erskiec was an un.
of adminiitration. An imperfect bill was filed, but it was ties !to doubfed ornament.
SMITH AND STANNTE. ROMAN! it. It only cost a tette more; it swelled the charge of Mr. lord Otryoan—Altliough the facts are very few in this case.
In this ewe a bill was fortnerly filed for the rarpme of bringing
Fenno!. The mdcr maimed would also put a little mote into his yet it is certainly one of considerable importance, not only as regards
before the ('nett a will, made by a person of the name of erith.. well as that of SOMA one else; and thus it happened that the practice of the Court, but also from the turn which this thews-
at! leaving to plaintiff and a boither and sister, • eroperty of ',le.d. I rket• as
heathy Smith is made a party as the representative of the testa- shin has just taken. I cannot help saying it has incited my sue
e-ern-. stet sleeve '20,000: of personal propeety. The Smiths were' tor. The plaintiff's in this curse were the accounting parties, and price that so long a delay has taken place, hut this is not the oc.
i V.e,i!,.,5 !..nd letreete. but dm .. were now both dead, ant! the Donnhy Smith, as the widow of the last survivor of them, was the I caaion on which the !'nunis to prat:ounce an opinion, whetherthat
ee t: in Ow :Iresent vete, was 'the extrutriz at the last dereanel. .
only person now before the Court. He (Mr. Heald) was ready to I delay were proper or improper. At a future stage of these
Si.. It r ten to-day observed, that he had a motion to make in
, 1 aerec that • receiver ought to be appointed ; but he would still I proceedings, it may be right to say some
things on that part
'''i4 ""..' 'l'l°) a." trh'l° of 11°°:. mgell'llne° the practice oppose any motion now to be made tor his appointment, until be of the subject. It is, I confess, strange an amicable
i : tI• .t- :an than it might et first sieet appear. The airplication he I kne.w.on.,thing of the real state of the case; of what had been re. suit, nothing has been done for five years, and that after the
had t, niikc was, to discharge an appearance which was entered fiMlceiviel—of what had been doe to the estate, and not received ; in Master's report, in 1322, the case was not set down for further
ti,,ee.! piee as, ef the names of Itictieni Swaync,Martea his wife, I
, shine until he was pot in full possession of all the facts necessary directions until the month of March, Le the ensuing year. It
lle't t"rtt' t son- and tdr.^ to rit"raw an man of Tey'v"' to have the case folly and fairly brought before the Cant. Here appears, I think, tolerably evident that lilt. Pownal knew
elech in this it had been made. The case out of which the ap. was an officer of the Court acting iu a manner not perhaps singular he was discontinued by the notice served by 3lr. Monkhoose,
pa: trance and reviver grew, was lint ir.stituled in 11113. the testator or unusual ; here was a retipectable practitioner dealing by unhappy and by several aubstquent acts towards the same
_gentle:mem
i, tin e iii 181', end from that period. to the present one particle of 1
clients in a manner, if equalled for delay and wen.. not to be stirs No answer is given to that nut of the affidavit of Mr. Mookhouse
beeetit hart Later been conferred en the parties ikereeted ; no or- I poised : and under such circurastaaors, he (Mr. Heald) did rot which states his rendiecsa to appear, thriugh the subperns was not
...et NA teken--no eistribution nietlethe removal estate was i
, think be was caking too much. whcu he that the appearance served till after the return day. and therefore lam bound to take
teee"astlieg.,4 that he (Mr, Heald> did tint no
knot if thnataY'`, put in for Richard and Martha Steeple, and their child. !Mould be I that as not capable of contradiction. Besides Mr. Pownal never
terlAara's efedd oat be Pleaded Wimel many -ems'', '"'d discharged, and the order for revising the suit to be discharge/1 I once said, I shell resist this dismiaeal. Mr. Pownal made no ob-
iseelse greatly reduce the personal estate. The testator left about *Um I jection on the subject of the costs, which it was his duty to have
:at a-year it. landed mate, and Tersoual property to an amount lilt.
Free X LET followed on the same side, and ceeil a case from ; done, if lie had resisted it ; anti in every instance after the notice.
seem under ?wow. : and not a shilling or all this, die hard corn-
-1-3 Voter, in which it was bald, that a party could dismiss a' he dealt with Mr. 3lookhouse as the Solicitor of Richard and
:Or of an ireinstrious man, had been divided among the humble
Solicitor in the course of proteedings in this Court; v. ithout ail or- f Martha Swayne. And yet Mr. Pownal entered at appearance for
objects of his bounty. A hell was tiled by the two Smiths, as preps order from the Court. them. The question of discharging a Solicitor in a cause without
plaintiffs in the cause; but both had since (tone to their orates, 11r. Ilene. on the other side, observed, that Mr. Towns' was making any application to the Court, is certainly one of great im.
'limli aeemami"/I for any °Owls'. to which t"eY 4'l a Mona wad the person really attacked here. Every diligeure was nod by that : portance, and whatever way the` practice may be, here certainly 111 r.
P I ; ' e al discontinued to be the olicitor of the Swayncs • and there.

LAW INTELLIGENCE. •
COURT OF CHANCkinuatDAv, Au 0.12.

G 061341,4 -...601100X•
At the sitting of the Court this day, Mr..famcs Gordon. the de--1
f.volant in this case. Mimed .o present palms to the Lord Chan-
cellor, whichosouli prove the perjury of several of the witt.tiws
who halt- given cild,nce en the other side, in ruptiort of the
legitimacy of Henry Gordon. • He stated, that his object ir. offering
them swia, that his fmtilship alight direct the Attorney-General to
itisti•itc a prosecution again': them foe perjury.
The Immo CHAWCIEI.I.OII said that he world receive finch
papers as both parties agreed upon to present, and hall Ir:ert tcs:tl
the cause: hut he would out take any papers with a view of
laying them before the Atterne TA:viers'. and (meeting a prosecu-
tion hg hipi_upotiilbern. 31r. Gordon might, if bethought proper,
the.ll helve die Attorney-General for that purpose.
fisrtdossiniititated his intretion to do so.
llis Loaoisdivliest ongsged during the remainder of the day in
disftoriniP.of 'WWI, bankriptcy, which insolved matters of mere
necuuht efa,ten the parties, and were of r.o general interest.

VICE-CtIANI'ELLOW6 COL'AT, Tarisr•Ay,

(Before Loni (irrroßD. llaske of Pie Roll:.)

DELAY IN THE ER-WIRE OF THE•COURT OF
CHANCERY.

idly ,
le;ral right, under the will of their deceased uncle. 'l'hcre were
altogether ne than eighteen persons. rclatlons.4f the tlereased,
who had an interest in the properly. of whom ro less than 14 or
15 had finer died; and it wad now nit possible that Mr.
and Mrs. liwayre might live to the period when tbsir chikl,
row an infant, could derive an interest from the property.
lie 01r. i1t••k11 attributed nothing dist,vaeeful to the ;maks
w' a hail the r•anagemrnt of these concerns; far aught he knew
they it 1n bo able to sheer that a suit instituted by accounting
prtties in the :Wart of Chancery could not be sooner settled, and
tth ability and

respectable gentleman in forwarding this ease, although AO much to
the contrary was now insinuated. True. Mr. lleeld represented
the character of Mr. Pownal to be highly respectable, ht.t still no
one could mistake what was intended. The testator in this ease
had made a must complicated will ; he scar a man of very chseure
origin, who amassed a fortune, and the annuities with.which he
charged his torture were all regularly paid since the period of hie
demise. In this case delay wan unavoidable. fur it was difficult to
ascertain who were the individuals (described io the will as nephew.
and nieces) rho were to participate in the residue of the estate.
tleald's address • 'lion, relative

/owns! ,
fore it was the duty of Mr. Nlonkhouse to enter the appearance to
the bill of reviver. If I were now to deride this case, my present
impression world lead to: to grant the motion ; but it is one of PO
much consequence, that time is necessary for inquiry. I ant the
last man in the world who wid,cs to throw out reflections upon any
professional man ; but this I must soy, that peat mischiefs very
often arise from gentlemen concerned for paries who have conflict-
ing interest~, though sometimes also it is useful, as tending to nar.
row proceedings, and to lighten expense. It behoves Solicitors,
however, to ponder well betore they undixtaite to conduct the causes

With respect to 31r. - to popular opini_.
to the delays charged on the Court of Chancery.. he (Mr. Hart)
thought it might as well have been spared. Those who heard
it to-day would, when they went abroad, report it, and the popular
clamour would be increased; while those who looked into the in-
terior of the system of the Court of Chancery must know that on
human systeni could be devised, better calculated to promote the
ends of justice. The motion of Mr. Heald was merely a motion as
to poetize, and this he (Mr. Hart) confidently said. that no client
had a right to step in and say to his Attorney, " I'll stop you at
any period of the cause, and transfer my case to the hands of an.
other." If the Solicitor refused to go on, then an application might
be made to this Court, and the matter would be adjusted; hut the
Solicitor first employed had always a lien on the papers in his pos-
session until his costs were 'eddied. The new Solicitor had no arms
to defend his client-he had not a single record, order, or decree,
the old Solicitor having paid for them, and of course holding them
in his possession. Mr. Pawnsl was not the Solicitor for all the par-
ties; it Was improper to state so. and if he acted wrongly towards
any party, his conduct could he still made the subject of
complaint. No evidence was adduced as yet to inculpate him,
and though vulgar minds might be I,d away with a notion that
Mr. Pownal had acted improperly front the statement of Mr.
Heald, yet be (Mr. Hart) was satisfied that the judicial mind
would not be to affected. In 1823 Ales. Swayne came into a situa-
tion in which she was clothed with an authority to lay her hand
upon part of the effects, but down to that period she had been
abandoned by her husband, and could not obtain a lodging with-
out the guaranty and protection of Alr. Pownal. There was no
rule of this Court to displace or dismiss Mr. Pownal, even though
3IY. Hcaid's clients had called for their bill of costs up to the
pelital of the present proceeding ; 31r. Pownal had prepared every
thing for the hearing the cause-briefs were ready, and every other
preparation made. Ile (Mr. Hart) Should merely add, that the Court
could &soothing in this case Without that obtaining the consent of
Mr. Pownal, who, as matter of grace, wished to have nothing
more to do with the Swaynes ; but who could surrender nothing
as a matter of right. This was not the season of the year to in-
dulge in long or violent !melte', anti some of the topics contained
in-that of Mr. Heald had nothing whatever to do with this case.
Mr. MOOSE followed on the tame side, and observed that an
accommodation had been offered and refused in this case by the
clients of Mr. Heald. No man was more anxious than Mr. Pownal
to expedite this cause. Martha Swayne was but an imbecile-her
husband was living in a state of adultery ; the wife was very M-
utated, and only taken heck for the purpose of this proceeding. If
the Court should accede to this motion, some security should be
given that care would be taken of this woman, and that the new
solicitor should not in the transfer oust Mr. Pownal of the coats to
which he was entitled.
Mr. HEALD, in reply, observed, that the season of the year,
or the day-being near the long vacation-shouhl have no weight
whatever in a ease of so much importance as the present. With
respect to Mr liart's observations, about addresses to popular
opinions, he (Mr. Heald) would say, it would be disgraceful in a
Banister not tourge those topics which might suggest themselves
Ito him, in any case, much more so on the present motion, than
which, Tortuga, not one of greater importance ever rame before a
Court. The more respectable 31r. Pownal was, the greater the
importance of this motion. If a petty Attorney, living ob.
scurely. and haying paupers for his clients, had treated them in this
scandalous manner, why, the distress and obscurity of the indivi-
dual would raider his shamelessness the less surprising. But
here the case was widely different. Ile (Mr. Heald) hail stated
coaling out of his affidavits; and if the object was to save time,
ho thought the mode adopted by Mr. hart, in reading over the
affidavits, before read and commented en by him (31r. Heald), was
not the most desirable way of obtaining such an object. Time, no
aloulyt, was valuable-but no time was too much, which was spent
it the pro em:ion of justice, and the exposure of pernicious system.,
leading to greys delinouency. He stated nothing out of his affi-
davits; though Mr. Hart and 31r. Moose had both stated the cir-
cunt:stances of his (dir. Heald) client, and bail added matters
which in no wise related to the ease now before the Court. Ills
clients were poor and weak, and these were the strongest reasons
shy it was the duty of this Court to interfere for their protection.
Ile (Mr. Heald) did not mean to as that this cause could have
been noire advanced than it t greater expedition could
have been used in its management ; neither did he say that it was
API it moved across the Court in a sledge drawn by a worm.
Hot this he said-that if Mr. Pownal could not go on more
quickly, was it not a shame that such a Court as this should
be allured to exist a moment longer? 'the complaints were
loud Dad heavy, oral deep.roottd against this Court ; but it
was said they could not be made against the Judges or the I
practitioners of the Court. or the system upon which the Court
itself was conducted ; and, in fact, no one knew against whom
to prefer their complaints. Al'hat reason was there for delayieg
this suit ? bet that be answered if it could. Mr. Munro, in his od-
dity', exhibited a very tenacious feeling to protect the character of
3lr. Pownal, while he travelled out of his affidavits to d. ounce
31r. Swayne as an adulterer, and his oppressed wife as a lunatic.
It was not in human nature to recite such a case as this without
strong feelings of emotion; it was impossible to hear it without In..
tiignation, 0 that the Court could hear any thing except with the
most impartial justice. The public complained of these delays,
and they had a right to complain if a bill filed in the Court of
Chancery in Inla to not to be heard till Item. The source of com-
plaint was said not to be in the Judge nor the Counsel, and why
then is not the complaint met by Al r. Pownal % Either 3lr. Pow-
nal grossly neglected his duty-or if he did not, the system of the
Court of Chancery must be grossly oppressive to the rights of the
people. The Judges of this Court would do their duty-they never
shrank from it ; and 31r. Pownal must be greatly mistaken if he
thought theintroduction of the Vice-Chancellor's name world shield
him m his wrongs to these poor unhappy people. As to the acclaim-
modetioi mentioned by Mr. Moore, he (Mr. Heald) could scarcely
be induced to believe it-fur his clients did not know ifs shilling of
this property was collected during the nine years in which this suit
was pending. Was it to be tolerated that during all this time the
personal estate was not called in, and no receiver appointed, while
fourteen of those interested in the distribution of the i.roptrty hod
slunk into their graves ? Perhaps Swayne and his wile Red child
might share a similar fate lefore this suit was settled, and then the
stolicitos would be left as the tombstone to record flair premature I
destruction. The importance of this ease is such that I will tan
flinch from it-the truth shall he stated, whatever 'delicate cars
I it may chance to offend. These are not times for men to get-
ter with their feelings, or neglect their duty, because the dis-
charge of that duty may occupy the whole of a winter or a sum. ;
aster's day. Mr. Hart observed, " I am sure your Lordship y ill not
make any order without the consent of Mr. Pownal." Such lan-
guage he (31r. Heald) considered highly improper, and he was
sere it erupt not have been used in the other Court. 'Who, ! did
Mr. Hart mean to say, that a poor client was not to lie allowed
to extricate himself from a Solicitor's thraldom, without the
consent of the Solicitor? and that this Court would wake that the
oily condition of his doing so? Such an assertion was un-
worthy of Mr. Hart. What did the Swaynes get from fir.
Pownal y a shilling now-,pow half-a-nowno-once in a way a
soverciam ; but surely that would not satisfy a Court, sitting to
protect the rights of the subject ! What an alarm mum not every
man feel when such an authority as dlr. Bart asserts the greot per-
fection of the rules of this Court, and yet finds that the diligent Mr.
Pownal could not get asuit through it in the ling periods:lf 12 yews
What will this country say-this country so favoured shove all
othtrs-wliat will her industrious people say, when they are told
that a lebotious Wall may sonata a fortune and bqurath it to big

plot on a•selieitor was • quite enough to manage, with ability a.
despetell, the business of eighteen diflireat chents. His in.
sterctio^e stated this solicitor to be a rent respeettble man, and for
the present he ihmatt not even mention hie name. Upon thesefew
_PAS 113 (Mr. Heald's) client was advi•cd to move foe the discharge
et an appearance entere d by that solicitor, as bating been en.
te-cd cot:team instructions, and also to die-large the order tar
the revival a the snit. This might be said to be a retrograde
teoremeete as an appearance omst be entered; but the answer was.
that with the solicitor wile had the suits so long in his manage..
r.ett, there could be no chance of bvinging the tnaeee to any
satisfsesesy conclusion. No one could charge his clients with inv.
pa -teeee. :Mrs. &carte, setae this property was tied up from
her. wee ecturily radioed to the necessity of wheeling oysters in •
bar'mw through the tercets. for the purpose of a miserable support.
Leder such emu-romances he could not heir avoid noticing an in.
aerated ntot'on for the aeovintmentment of a receiver to this estate,
as if mei, an erpoititne • would do away with the Re:malty teethe
present mot•on. Bow the solicitor could justify such a proposal,
e (31r. /feria.) 'mule, be glad to hear ; and he had considerable
canos, 7. to barn lel:alter the greater crop ertion of the personal
race was to was not ye: received. The affidtvits of twain and
les wise ceed„.thei they were anxious to know whet portion of the
reopercy they Were to have, and for this purpose were ativieed to
emalay a new solicitor; as it was thought that the gentleman con.
e unit-, the came for the accountants and other parties might rot
bs the hien persons in the world to do strict and impartial justice
to aa. Ne doubt there must have been many difficulties in recon-
..ci-r seen conaicting interests; but he (Mi. Heald) would by no
terser Tommie any thing against the character and conduct of the
suaciae. who undertook so arduous a duty. He was instructed to
may ti at he well a most respectable man, and be (Mr. Heald) was
taerstora not only bound to believe it, but not to impute a eltedow
e rehnimility to his conduct. The Swaynca, however, were
ade ie.sl to resort to 31e. C. Marithouse, a solicitor, and they did en.
T3l:t. ITi../10d to mold the further delay in their cause. They were ei-
ea roily out of poueraien cf their tights sincelBl2. oe at all c vents since
1514: but hearing the delays in Chancery coming from the mouth of
every one they nice and ',peke to; they were the less surprised, and
icorildered, that if they did not themselves live long trough to en-
joy the bounty intended tar them, that at all events it was their
duty to see that it aright be forthcoming to their son, now an in.
fut. Since the institution of this suit many of the persons inter-
ested had quitted this earthly scene. Three persons of the name ot
pster,• four of the name of Eagshaw, two of a third family,
tett of a fourth, and all duriog the progress of this snit. A notice,
however, was meted by Air. Alonkhouse on the tonna solicitor,
wooing that the Swaynes hail discontinued ban in that capacity.
and he (Mr. II.) hoped that that gentleman would, be able to show
that in its managor.cnt lie had used every necessary despatch.
'fbe affidavit went no to state, that in 31arth, 1823, Swayne and
Lis wife authorized Mr. Monkfuntee to be their attorney ; and on
tae Ilth of November they signed a letter so stating, addreesed to
• al 7. John l'oonal, adding, that they never were subpseneed to the
tail of reviver; and this was corroborated by the ailidavit of Mr.
or.khouse. However, about six weeks since a person called on
Monkhouse with a subpcena, to be served on Richard and
-11arthe Swayte --the order for the appearance to the bill of reviver
Laving been made in the month of Jute last. Now what sae the
answer to these affidavits? There was the joint affidavit of John
it oral, of Staples Inn, and of Edward Poona], gent. of Baldock.
t sqt fertile that is Easter Term, 1815, J. Pownall was employed to
el:a Lift in this case ; that he did so (but the affidavit did tint state
if all visor debt:darts were ircluded, it mentioned only three by
same), and timely case was heard before his lino. theVice-Clinlicellor
i.e March, 1820. lie e then vu a period of five yearsoloring
• :ace nothing 11111,41(.13C ; and he (Mr. I leald) must say, that this
was an evil of the greatest magnitude. It was not the cease of the
tisaynes, distressing es that was—it was statue in which the Ito-
rum: of the Court was concerred, and the propriety of its practice
ecticaiav ineolveil. Ile mentioned as a fact in the we, that only
Gee solicitor was employed for so many conflicting parties ; not
that this might mot Irma to a saving of expense—but expense was
Bede as ounpareil with the practice of a Court which tolerated iinth
ireaetable delay. sod allotted any solicitor to act for so nosy ed.
yam:: parties. Bity, he asked, was a bill filed in an amicable suit
in 1315, only heard in 1820 ? He asked the nature of the aca
aourts—he asked how the cause stood ? for on those two aubjects
both himself and his ci:ente knew literally nothing. In March,
IWO, proceedings were had before the Master, who repoetal in la.
xuary, 1822, and 31r. Pownall prepared the briefs. The bearing
was tired :or the lath or 17th of the ensuing March (though the
affidavit did not it:ate what year. whether Me', Ilea or 1821:: but
being likely to occupy a considerable time, the Vice-Chancellor de-
eired it to stand over till the nest term. On the auth of April,
1823, Smith, the serving plaintiff, died ; thecause consequently
abated, and she e then there was no accounting party before the
Court. The affalavit of Pownall admitted the receipt of the letter
addressed to him by Mr. alonkhouse in the Novoneher alluded to,
and wbssdid Paynel do upon its receipt ? ,v he certainly ex.
pressed great surprise that the cause was to be taken out of his
boccie • sad no wonder he should—he had had it for eight or nine
ytos before--the tl:ing went on sell—no outgoings to tile rightful
usitters—.and wl:y, after remaining patient for such a period
Ws time. -
after enduring :poverty and affliction in their worst
shapei--whe eheuld they look to Mr. Pownal for the for-
tune left them by their uncle, so far back au the year
11113? • Bat the affidavit went on to state, that Martha
Swarm went one doh after to his (Mr. Pownal's) chambers, when
aloe said that he shatild still continue to act as her solicitor. Upon
the demise of Smith, administration was taken out by Dorothy
*eith, the presenteilaintiff, as the representative of the him sue.
viviag 0X1X11:433. The wit revived, but still, as every one knew,
she ceuld not be the representative of the original testator. Well,
then, after the mere narration of much cirtematances• he put it to
any loan to say, whether, teem the head of the Court of hancery
tt ti.e lowest cf its officers, they could by possibility expect to
escape the censure, tits: indignation of the public, when they are
lamed to see that welt practices were permitted? The evil should
ht abated, or, like other mils pushed to 30 galling in excess, they
weuld ler.d to something horrible before they could be cured. The
..deputes spoaen of was notwervect till the very day it was return.
attic, peel:apt to render the prerioea delay and hesitation the more
strikinaly tetrarlatlee. With respect to the conversotion which
peso! between Mr. Eduard Pownall,of Baldock, and 111 r. !look-
rouse, the affidavit of Ale. J. Pownal contains rather a remarkable
earleae, for it, one ',rouge it states, that Mr. Monkhouse only
• • cl aained to :at ;" sat, in another, that s•be refused to appear:.
end tea affilava funaer went on to state, with unmatched cf-
ftherery, that at! thee proceedings, taut 11112 to 1315, from 1::15
to from Mae to Ida% from that penis! to the visit to Alt.
al tit khottee, were all directed to despatch the concerns of the suf.
.lere:g Searnai and their infant child! It would not have been
v:rmt fcr Pownal mu enter an appearance for Selyne, after he
tad entice net •,) do w; and had he (Mr. Heald) been enable, to
Lang this ease ieto the other Court, he would certainly have done
es. werely to add one more to the many causes of complaint rela.
eve te the proaactinge of Chanocey. !tic knowledge of the Court
ea:able:a him toshear many strong complaints upon the subject,
Lot e ntrottaer or more aggravated case than the present he never
hnew. The affidavit of Mr. Pownal cone/tided by two remarkable
Fess:ages, the one was, that he was net ordered to do anything by
tots Court; rr.,l the other. that no offer wax made to discharge the
teemed. What rule of Court matte an order necessary to
discharge or discontinue a solicitor? No such rule exalted or
utiget to exist. Whit ! right or wrong, was a Solicitor
f re emplayed to be continued to the conclusion of a cause?
Th- proposition sat monstrous, as much as it was absurd.
lea yasty should lie so shackled, and he Uttered lien: would

of pieties having conflicting interests, as evidenced in this case now
before the Court. One cannot help lamenting that a suit com.l
menced in 1316 should not hare terminated before 1824, and that'
tie notice of melon was offered for the appointment of a receiver.
lint the question the Court has here to decide is. whether it is con.
sistent with the practice of the toart to discontinue a Solicitor:
and if not, then, whether in this case Mr. Peanut, having *flacon-
tinued to be the attorney, and applied to Mr. 31onkhouse as such.
could exercise the authority which he did, by putting in the ap-
pearance. As I said before. I consider this a titiestion of great im.
portance ; I shall take the affidavits at both sides home with me;
I shall attend to the authorities on the subject. and to-morrow,
morning perhaps, I shall be prepared to deliver the judment of the
Court.
In the course of the day his Lordship intimated, that he would
hear cause papers to-morrow (this day) and Saturday, and bane.
rapt cases on Saturday.
lIIIIIERTSON V. FIELD.
In this ease, which had been partly heard on a former day, Mr.'
II FOLD applied ran order of Court for a Commission to examine
wi:nesses in Cuba. The plaintiff was n cotton-manufacturer #
Manchester, and had sold goods to the amount of 11,000/. to the do.
fendant, from whom be was unable to recover payment. lie sued
hint in the Court ci King's Bench, where the defendant also brought
a en's action against the plaintiff for has ing supplied him with uns,
saleable goods. The defendant had reeeived 1,0001. drawback on
the goods exported. The Court of King's Bench stayed the trials;
till sufficient evidence could be procured. A bill had been tiled in
this Court, to which an answer had been given. The original bill;
was thin intended, and the question wits, whether it was neeemaryl
to give a subpoena to answer an amended bill, and whether the de-
, ftsolart was in contempt of Court by refusing to answer till a sub-
prna had been served.
Lord 6irronn deferral his opinion till he consulted a Clerk of
, Coon respecting the practice. fie now said, that having consulted
lone of the Six Clerks, lie found fiat no fresh sr:limns was necessary
in the case of' an amended bill. lie could not, however, grant the
commission for inquiry, '.l the defendant had put in his answer,
or had subjected himself to contempt of Court, by refusing so
answer.

POLICE.

3IANSION-HOUSE.
Manatwoutat. Ric erra.—A cue of p shunt:sir elesertptiot
was heard Wore the Lard Mayor and Sir James Shaw yiseterdey.
Kio... ?sky. the beadle ul Altigate, applied far an order of filiation
aping a Jew, who, according to the parish account, deserted his
bastard child. 1 Viten the father vas brought up on a former meg-
ewn the mother of the child assured the hard Mayor that her child
was no bastard, as the defendant married her before consummation.
She then &hewed the ring, which she called upon him to say, whe-
ther he had not put upon her finger, pronouncing thaw words which
ecmstitated them man and wife.
The beadle said. that sort of marriage amounted to nothing more
than a broennstick marriage, which the parties had it in their
power to dissolve at will
The Loan Mahon. whom the pone woman appealed to in a
very carnet manner for the honour of her child, asked whether
such marriages were customary amongst the Jews, and whether the
defendant had 'wedeln d the cereraohy in the manner described ?
The woman solemnly declared, that a marriage of the kind was
binding until a divorce Wok place. If it was not the case she had
1 been betrayed and seduced. One of the Goldsmith's had been
married in the sante manaer.
The defendant admitted, that he had married the young woman
so far as she had &licensed, but the tie was of no avail. There
were irregularities in the ceremony which made it impossible to be
. recognised by the Jewish law. Indeed, if his expectations of her
had twee answered, he would have completed the ceremony before
the high Pri at, and thus put the legality of her claim to him
beyond all question ; but she had bitterly disappointed his hopes.
and as he had taken her upon trial, and she had broken down it
that trial, he would resist all claim except that of the child,
which, whether a bastard or not, the Jewish law obliged him to
support.
1 he Jewess submitted to the Lord Mayor that her claim was un-
deniable ; she had given no cause for divorce.
The Lean 31 Avon, under all the circumstances. submitted
I the question of the legality of the marriage to the High Priest,
I from whom he and Sir JAMES Suave received the following com-
munication :
The enleninhation of marriages amongst the Jews is regulated
by a rode of laws, which impose certain ceremonies to be per-
formed, and blessings said under a canopy, by a person properly
qualified and authorised for such purpose. Parties, how ever,
surreptitiously contract themselves in marriages by the man put-
ting a ring on the finger of the woman, in the presence of wit.
ruses, and declaring vs purposes but such marriage is not only
disreputable, bat occasions much inconvenience, as its validity
may be questioned; and the law considered the wife of such tor. ;
mama in the light of an unclean woman. Her claim for mainte.
Dance is likewise subject to much question, although there is none
as to that of her children ; and neither the man nor she can marry
any other person, unless a regular divorce has been executed be-
tween them. Thus, though the ceremony is incomplete, and
suhject to dispute, they must. with respect to other connections,
still begonsidered as man and wife
Sir J. SUAW entertained a very different view of the case from
that which the High Priest had communicated. Ile considered
the case analogous to those Scottish cues which were so Linn-
liar, and in which it was known the use of a few words of en-
I gagement and acquiescence horned an indissoluble tie. He did
not see how the parish could call mien the defendant to main.
taro his bastard child multi such circumstances, as it appeared
to him that the infant was, to all intents and purpcses, legitimate.
The Loan Aaron was of the sane opinion. lie considered
the ceremony that had taken place a tints Ate contract, whith,
whatever might be the operation of the Jewish laws, he would
not attempt to disturb. Ile recommended the parish to proceed
against the defendant in the usual way, fur having deserted his
wile and child, and measures would be speedily taken to punish
the father, who certainly deserved to wirer, for having attempted
so gross and injurious a deception.
The case being discharged, the next step will he to proceed
against the man in the manner suggested by the Lord Mayor.
• HATTON-GARDEN.
IV. Taylor was brought up in the custody of Lee the officer,
charged by Mr. Samuel Sparrow, ornamental pearl manufacturer,
18, llrook.street, Holborn, with having stolen four pearl ornaments,
mid twenty strings of pearls, the prime cost of which was 130/. and
upwards. It appeared in evidence, that in consequence of the de.
licate state of Mrs. Sparrow's health, she and Mr. Sparrow slept la
the country every night ; and for the protection of the house and
pmpe.ty at night, they placed the prisoner in the house, whose wife
is Lie family laundress. On Tuesday last, on naming to town as
usual, she went to an iron chest which contained a small cabinet, in
"kWh were always deposited the valuable pearls, and on bringing
it in the work-room where her three female apprentices were em-
Played. she discovered that the property in question was missing.
Suspicion falling on the prisoner 31r. Sparrow, gave information at
Ids office of the robbery, and Lee was itunieuistely despatched to
the prisoner's residence In Paradise-place. Kentish Town, where
the wife (the husband being absent) denied all knowledge of the
circumstances. On searching, however, he found in a cupboard, in
a pickle jar, eleven strings of the pearls. Al'hile Lee was at
Kentish Town, the prisoner came into Mr. Sparrow's house as usual,
where he was detained until Lee's return. On teaching him, one
string more was found in his shoe, where he had put it, suspecting
the purpose for which he was detained. He then confessed to where
the remainder of the property was to be found at his own house,
and declared that he was tempted to commit the robbery on finding
the iron chest open on the preceding Friday, and so ignorant was he
of their value, that after getting possession of theist, he was afraid
to offer them anywhere for sale. On Lee's again searching his re-
sidence, but three of the ornaments were found, leasing still a de-
ficiency of ore ornament and eight strings, all knowledge of
which the prisoner denies.
The prisoner was fully committed for trial.
A seen 1/04.4 ORDERED FOR EX CttTsO,e.—A fine little )wry,
of the cause of Pike, ten years of age, was brought to the office,
accompanied by his father and mother, and a number of nWei.
hours, to complain of the child being bit by a ferocious dog kepty
a woman 'teeniest Duffer, mid her daughter, living in Titsb.oswit,
Gray's Inn-lane.
Joseph Rayner, of 5, Tash-street, deposed he had seen theft,
which was left unmuuled, bite three other children, and that iv
had also bit the Tax Collector in the leg.
Several other persons spoke as to the ferocious disposition of the
dog, which was suffered to roam about unmarried, to the great an-
noyance and danger of the neighbours.
The Magistrates granted a summons, which they ordered to be
screed for Mrs. Duffer's appearance, and ordered Thiselton, the
officer, to bring the dog forthwith to the office. The summons
was served ; the defendant, after a refusal, at last attended; this
dog was brought in strongly mai:relied and chained ; it was a eery
strong dog, between the bull sued mastiff breed ; he was foaming at
the mouth, and appeared very ferocious. and was dragged along by
force ; he was brought into the yard of the lock-up-house, and ti
to an iron staple, where the two Magistrate*, clerks, and officers,
came to see him ; and though strongly tied, every person was fear-
ful of approaching him.
The defendants denied that the dog was their property, althea.
they admitted they kept and fed him for the last fate months, sod
finally signed their consent to have him hanged, which sentence the
Magistrates ordered the officers to put in execution, which, after
the office was cleared, they immodiately attended to.
Atonal timer, a man who professes hintself to be a lawyer, was
charged by William Fry, driver of the Hackney coach No. 534
for not paying hint the hire of his coach.
I The complainant stated that the defendant took his coach at
Euston.square, at half-past one o'clock on last Friday afternoon,
drove from one sporting and flash house to another, and set down at
half-past six at the house of Correction, being in all five hours.
which, for time, amounted to thirteen shilling, which the defend-
ant told him lie could not pay, in consequence of which he sum.
moncd hint.
The defendant said be certainly acknowledged the coachman's
claim, but he ought not to be hard with him, for he treated hint
with brandy, gin, &c. at all the flash houses at which he stopped.
The coachman told him if he paid him, he would not charge for
his loss at' time.
The defendant being unable to pay the complainant's demand,
and costs, amounting in the whole to IN. 6'41. was sentenced to
one month's imprisonment in die House of CelTeetiOtt, if not
soonerpaid.
A SELECT PARTY OF OFNTLEWOMEN.—Three ladies, re-
siding on one side of Bell-court, Saffron-hid, appeared " via a vile*
against three residing on the opposite side, the principals being a
al TS. French as complainant. and a Mrs. English defendant.
Ides. French stated, that " that ere gentlewoman, Mrs. English,
she found beating her seep, t barley French, on Tuesday night
last, without the slightest tizoliesstatiom on his part, and on ro-
mous/ruling with her on such cruelty, and telling her that she
should have complained of him if he did any thing wrong, with.
out letting Mot come to this, she made no more to do but up with
her list and nearly knocked her best eye out." She then pro-
duced a " gentlewoman" as a witness, who stated, that when
the row occurred she was in bed, and as she was far advanced in
Hassey, against whom It may be reaullected a warrant was same' pregnancy, she really thought the fright would cause her to be
time ago issued, for die murder of a man canted Delany, in ciniii. put to bed ; she, however, provklenually mimed. When she
fair, was brought before the LORD MAYOR yesterday, at the 31an• ' went down stairs to her friend, Mrs. F., she found her with all
of
hair
thel her
Ilion Howse, by Mr. Cope, into whose hands the Police of Dublin head dragged over her face, inasmuch that at first
had committed him. 1 she looked to the back of her head to ascertain what injuries she
The evidence taken upon the death of Delany stated that in a received, mistaking it for her face.—As for that gentlewoman
desperate quarrel in Cloth-fair between a number of
Irishmen there." said she, pointing to Mee. English, whose vociferations
Hume, seethed a hammer and inflicted a wound with it upon the could scarcely be choked
by the officers in waiting—" sweet
knows."
temple of Delany, of which wound the deceased afterwards died. as her tongue is, she's the moat violent woman your Worship
It was rot supposed at first that the mortal,
wound was and a re-
, loraertation having been made to one of the City Magistrates that After an examination of another witness on the French side, the
1 a porn man was confined in the Compter for a common assault, and English cause came to be heard, when it appeared that the oc.
I that bail Was in readiness fur him. and that if he was not diSChargesl casion of the rupture between the parties was some piracy cont.
his family woeld be severe sufferers, the neceshiry order of hie- lidded in Fleet-market, a sieve of currants having been hut, with
missed was given and Hussey got out of prison. Delany, who had the fate of which Mrs. English was suspected to be acquainted.
'canned to give ea 'deuce at Guildhall on the subject of the assault, Her gentlewoman strongly worked to exculpate her.
though sidle deg excessively front the wound, grew daily worse, and The alagistrate finding it a too delicate pant hastily to decide,
1 eerier a serene strinnie died in the hospital Hussey hid himself for referred the parties to a select committee in their own court io in.
wally three weeks amongst his frienas in London, and then weut castigate the matter.
to belled. pia wandered about for some time until he thought lIIIARLBOROOOII-'ITREET.
the thing ars Liown over, and then visited his relations at Yesterday, Mori-Ann Pearce, better known in the annals of
iterseamnion, but the report of the murder had rescued his ea. police proceedings by the assumed title of Lady Rarrynnore' was
tire Flare, and lie was apprehended by the police, who told Mr. brought from sit. Ann s watch.house, charged, as usual, with riot-
Cepe that they were obliged to handle him roughly, on account of , ous and disorderly conduct in the streets, the night before.
the 'leaner-he te.istance he rotate. Tito prisoner has received a 1 In her defence, she said that she was the victim of a conspiracy
severe cut co tie liehl, and bran pricked with bayonets in several I amongst all sorts of constables, watchmen, d.c.
parts of Its bialy. Ile declares himself, that lie was sitting quietly 1 She was then carried by main force out of the office, kicking and
with his child in his arms when there're rotund/us entered, end i prancing all the way, till she was locked up We want of bail.
unnecessarily attacked and overpowered him. STRENGTH OF A LADY'S lit:AD.—A female, very genteelly
The Lonn 31AV on asked liars's, the beadle of the parish where, dressed, with her parasol and reticule in her hand, of a matronly
the murder was committed, whether the prisoher was the person appearance, stood smiling at the bar, charged with being drunk and
panted in the warrant? i riotous in the street.
Darts replied in the affirmative. 1 The watchman said that he found this lady, the night befogs.
The Loan 31a Inn then asked the prisoner whether he wished in the Regent's-quadrant, quite drunk, singing aloud, and a crowd
to say anything 'le ,I of people :hound her. Ile took her to the watch-house, where du
Hussey decked he had nothing to ray, except thet he was in., kicked up such a row that nothing was ever like it. ,
cocent of tke murder. I Mr. ltok asked the lady, alto seethed to enjoy her situation very