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

COURT OF ZINO'S BENCH, 114iviDAY, Juss 4.

BOROUGH OF FOWEV.
AlT,OlaraT-OzwswaL moved for a rule to show cause
bat/ • cavaioad information should not isms against certain gentle.
Reif enbueeted iith the borough of Pbrey, in Cornwall, for hat.
Is[ _ the

_ -ova iehh the so.. , -- - 00, ••• -
-.se eangadoad together to pollute the purity of election oft . Mem-
INxii. flosami •• time, returned to represent that borough in far-
-111,,ment.—/4 laugh.) It appeared, however, from the statement 1
ei. the Learned Attorney, that the right of voting for 111-milers to
t the borosigh is in these persons who pay scot and bear lot
WilMentho-bororigh • and the names were from time to time taken
fluesslepoor.eate bdok, which book was prepared by the parties
erepdoet whom the Leaned Attorney applied, and was sanctioned
gg amiAidernsen of the borough. The improper conduct imputed !
bankekportiee was, that they had conspired together to get persons I
%AMU in the rare, who, in point of -fact, were not rateable, for
foe marrow of giving them a colourable right to rote, which was
expected when the reported speedy dissolution of Parliament was
by many recently so stroppily urged ; for this purpose the parties
sigaiost whom be applied bad from time to time made three false
rate., allof which had been from time to time refused to be eon-
Mooed at the Sessions. The votes of those persons who were.in.
*laded in these had rates would, of course, have been rejected on a
petition to the House of Commons, but the Court waisaware that
mesh a remedy was a very expensive one, and many palace would
I.444±aced not to resort to it.
LORD CIIIIr JUSTICE thought that sufficient had been
aUQ'to rant the rule, but the Court would leave it to the Attor.
ritelr-general to select those particular persons against shout he
amore. support it.
• Rule Nisi granted, subject to the Attoreey-General selecting
comsat whom.
RORIE/ V. TAYLOR.
• This mina was tried here a short time since, and was an action
Of slander, its which the Jury found a verdict for the plaintiff, with
401.-damages, for the defendant having slandered the character of
sheitkinedf, by stating that be was an unfit person to execute the •
business of painting St. Margaret's church.
Mr. Cultwoon now moved for leave to enter a nonsuit, the ver-
dict being not sufficiently founded by the evidence.
The Corer refused the rule.
_AXE LINO T. COPE, IX A CAUSE OP DOE V. Lomas.
orbit Was an application to strike the defendant. Mr. henry
GOO, an attorney, residing in Wilson-street, Gray's Inn-road. off
thevolle of the Court, for alleged misconduct in hie character of an
••sheoriey .
hoppeared from the affidavit, that Mr. Cope. who was attorney
fee the plaintiff in the action, attended before one of the Judges
pursuant to a summons taken out by the attorney on the other side
1W that purpose, to show cause why the trial of the cause should
Mahe poitponed. On that occasion he pretended to exhibit true
Medea of certain letters written to him by the defendant's attorney,
osWifning proposals for an amicable arrangement of the ease ; but
which copies, it afterwards appeared, were anything but true,
Wog some garbled extracts. and In many respects grows misrepre-
eentidions of the originals. This rule had been referred to the Mas-
ter, who now reported, that when before him, Mr. Cope boldly
;entitled his conduct, contending that he had a perfect right to set
tit in his copies just so much, or so little, of the original letters,
as he (bond convenient.
•The Coral said the rule for striking Mr. Core off the rolls
Wiest be made absolute. He had been guilty of an attempt to prat-
tle' a geese deceit upon one of the Learned Judges; and also to
inflict great
„injustice mum one of the suitors of the Court. Such
*oloas must fie put down fot the protection of the public ; and
Mt Cope having had such misconduct clearly brought home to
twas toIrrono• la fit person to act as an attornev.
he rule. therefore, for striking Mr. Cope off the rolls, was
made absolute.
CRIMINAL INFORMATION.
Mr. BROUGHAM moved for a rule to show cause why a criminal
information should not be filed against Jose Piriero de Cavallio, for
certain alleged libels upon the Marquis Palmetto', the Portuguese
Ambassador. The alleged libels were rublished in a Portuguese
periodical work, of extensive circulation in this country, and im-
puted to the Marquis that he had corruptly appropriated to himself
*third portion of a SUM of 85,0001., being the produce of the, booty
captured from the French, by the British and Portuguese armies,
Under the command of the Duke of Wellington and Marshal Berks.--
find. at the battle of Vittoria, during the last (tontine tal war, and
stemmed as prize-money due to the gallant soldiers engaged in that
Fsro
ratable battle. The affidavits stated, that in consequence of an
. rot between the late Lord Castlereogh, on the part of his
&onic Majesty. and Marquis Palniella, on the part of the Por-
tuguese Government, a sum of 85,01101. was deposited by him in
the hands of Mr. Hill, the Clerk of the Treasury, and by him
Mllin the Bank of England, for the purpose of being distri-
in rateable proportions amongst the British and Portuguese
aimien engaged in the battle of Vittoria. In consequence of some
difficulties in obtaining the proper receipts from the Portuguese
Authorities, the money had never been distributed, and now, in
fact, remained in the hands of the Governor and Directors of the
Bank of England, for the intended purposes. Notwithstanding
tht+, the person against whom this application was made had pub-
kabed an address in the work in question to the soldiery of Portu- •
vieJ, In which, after a good deal of coarse ribaldry, he, in direct
mews, imputed to the Portuguese Ambassador, and to the Marquis
&SUM. the preceding Ambassador from Portugal, and their col.
leagues in the Portuguese Ministry, that they had committed a
public robbery by appropriating to themselves the money now re-
maing in the Bank of England. The Learned Counsel stated on
behalf of the Noble Marquis, that although he came from a coun-
ts, where there was nor the same freedom of discuseion allowed as
If thig. yet he was anxious to be understood that he did not wish
tosbank from the most public discussion of his character and con-
fide:, end did not wash to avail himself of any advantage which his
situation in this country might be supposed to give him. After
ng the attention of the Court to the terms to which the Maw*
libelled.
be COURT granted a rule to show cause.
ARTICLES OF THE PEACE.
Mr. Gußwrrr, on the behalf of Hannah Disney, exhibited Sr.tistes of the peace against her husband, John Disney, of St. Mar-
tin's-in-the-fields, Middlesex. They set forth brutal treatment on
Miamian of her husband.
• The COURT ordered the articles to be put on the files of the
Court, and granted an attachment against the said John Disney.
TUE RING P. JOSIAII TAYLOR.
Then had beentwo indictments against this defendant for keep.
tag a common gaming-house--one preferred at the instance of a per.
WV named Smith, and the ether at the instance of one Bowler.
The defendant had filed a plea of aNtrrfais ocqa:t to each indictment.
Ijl a former term the validity of the plea to the first indictment had
been argued, and the rule for taking it off the roll was made abso-
/air : add the other indictment. at the instance of Bowler, was
ordered to wand over until the first indictment was disposed of.
"Bile defendant, it will be recollected, was sentenced upon that in-
dictment. Since then, Smith and Rowley. and Mr. Hollingbury,
listarattorney in both prosecutions, had been convicted of a conspiracy
ast the prosecution of Mr. Taylor. to obtain money from him b
means of these indictments. The rule for taking off the roll
Tailor's plea otos:re/cis acquit to Bowley's indictment, now came
so for argument.
Mr. BRonenice, for the defendant, contended that inasmuch as
Bowler's indictment comprehended the same period as that al-
leged in Smith's indictment, the offtnce was virtually the same in
botb.and the Court ought not to make this rule absolute, especial.
ly All both prosecutors had tnemselvee been since convicted of a CA/.
t lacy to obtain money of the defendant, by means of these same
e tildictinents ; at all events, if the rule was made absolute, it ought
iliebe without costs.
111 r. ell rrry, contra, insisted that the plea of lontrefar acquit.
being completely false, the rule must be made absolute. With re-
spect to the question of cons, the Court ought to consider this case
in the same way as if it had been argued before the recent con fic-
tion of Smith, Rowley, and Hollingbury: for that conviction ought
Dot to weigh with them, when in point of strict right, costa ought
t• be given against the defendant. for pleading a sham plea.
The Costar. adverting to the fact, that both indictments had re-
lation to the same period of time, end that Mr. Hollingbury was
the attorney for Smith and Boieley, the prosecutors, the rule ought
so Pe made absolute, each party paying his own costs.
Rule absolute, without costs.
BUSINESS OF TILE COURT.
The Count announced, that they would take the peremptory
and London and :Middlesex new trial paper, on Turniiay and
Weitr.e-day respectively, instead of the Special and Crown Papers
as usual.
.....,...........

COURT OF COMMON PLEAS, Sartritaar, Jung 4.
The Court rose at one o'clock, when the Chief Justice presided
at Nisi Putts.
ASSAULT.
ruts nor Lawn compact'. (AN INFANT) !WINO ST HER
NEXT FRIEND. V. HOLLAND AND WIFE.
When this cause was called on. it was intimated that as the one
Immediately succeeding it in the paper was an action of trover
ketween the same parties, both should be made the subject of refer.
*bee : and the defendant's Counsel further proposed that the other
salts nos/Amending between them. in the Court of Chancery and
ifi tlr. Ecclesiastical Court, should be disposed of in the same
r:Sergeant Pats., on behalf of the plaintiff, in troves, was per.
feetty_willing to agree to that proposition.
Sr CmAttes Piritt.tra, who appeared fnr the plaintiff in the
action of assault, said his client was not in COW:, and he could not
aver to the proposition as tar as that action was concerned. With
aseipeet to the rest,there was no objection.
Mr.. Sergeant VAUGHAN observed, that this refusal clearly
proved that there was a great deal of bad spirit on one side.
Mr. C. PHILLIPS replied," and a great deal of brutality on the
Other."
The Jary were then !WM, and Mr. PATTICON opened the
pleadings. This was an action of assault and battery, to which the
sfareadants had pleaded Not Guilty.
Air. CHARLES PHILLIPS stated the ease to the Jury. Ile
should have been extrenrely willing, even In the absence of his at-
torney. who had instructed him, to have taken upon himself the
reaponailvility of referring this cause, but that he could not but con-
sider it as an action of that nature which was, above all others, wor-
thy at the consideration of a Jury, and on: which. as men of the
thee-id, as men of common sense and common humanity, they would
r* no hesitation in determining. This assault was one of a pecu-
Maly outrageous, inhuman, and brutal description. It was the
illisforteme of the plaintiff to lose her mesler in her infancy it was
IN! greater misfortune that the male defendant In this ease had been
appointed her guardian. Use mother bad left her conaldatable pro"