The British Press; or, Morning Literary Advertiser.
London, England, 1824-11-19 00:00:00

POPULATION OF THE 71111TISLI EMPIRE.

The returns of the populaiiiin of Ireland In ltetl, which
hire Is en lately delivered, furnish us, in conjunction with
the previous retunis fur Great Britain, wills the first au-
thentic (numeration of the iieople of the British empire.
The population of the United Kingdom, in 1821, stood
as follows:
- England . - - 11.261,137
Wales - - 717,438
tiro . - - - 2,093,458
Amy, Navy, Marines, and Seamen lu
registered vessels - - 319,308

Total 14,391,631
Ireland - - 6,11u1,617

21,193.1611
Islands In the British Seas - - 69,b041

21.282.VG6

The rate of increase in (heat Britain is the ten years
preceding 1821 was 1 and in Scotland r vent. In
Inland, as there was no complete enumeration before
bel, the exact rate of increase cannot lie ascertained. It
from all the approximate calculations to have in-
crewed mere rapiJlv ; but supposing the rate of increase in
the whole United 1611100111 billet' 1841 tO be at the rate of
I per tootutti, the present japalation is probably
about zti millions.
In Ireland the I,opulation is nine', denser than in any
other part of the kingdom. The av rage population per
siptare mile of the four provinces of Inland was, in Hill,
u follows:

loonner . . 453
11 union . . .
1: bier - - 41111
Connaught - 276
The average of all Ireland - 363 per eq. mile.
The p p tlatimr of England and Wake was only 210
111). to the square mile, of Scotland only title and of
ti,vt Britain altogether less than 170.
h will he observed that Ulster is the most densely
or the Irish provinces. Its populousness is the
nee remarkable, from the small number of large towns.
lt.aast. which has 37477 inhabitants, is the only place
which hay shove tio,otio in a province of near two millions.
Is the county of Nionaglian, where the population is 621
p.r Nur, toile, there is nothing deterring the name of a
tetra ; sail in Armagh, where it is 6107 per square stile,she tows, which is dignified with the name of a city, bears
an Insignificant relation to the numbers of people in the
minty.

So dome a rural population as that of Ireland, taking
into *cutout the poverty of it, is foot to be paralleled in
Poole• 'lke Hillis of I,,enliuns upon the Ito-
'lemma of Eligland is A illitjeft for •h speculation.

Letters were yesterday received from the Ilavannah,
ilu,d the t:th of October. They give no political ititelli-
rener, hot state that business was unprecerlenteilly dull.
The emancipation of Waves, by a late decree of the Mexican
riorrnintettl, over the • ...tile of their territory, hail creatist
Fri at uneasiness among the planters of ('uba, and the re-
mtt Ilisturbativcs among the negrues thee, had not tended
tu alleviate skit feeling.
Xeu. Torl: 4:a• eft( of the Ilith of Octobtw says—
" Stanley, Wortley, and Denison. Alembers of the
Britt4l l'arliatni.nt, have arrived in lltisttai from %%mails,
oa the it way to New York."
A to his Majesty in favour of tile unfortunate
Kiantlerov, is now lying Mr signature at the Exchange
''"t
.4,/scr
A Gut/ from Naples states, that an attempt to direct an
our hs!"ron by mimes of a couple of large tame eagles, hail
"cm sureettfolly made in that city. The birds had pre-
untleri;ime the process of tr •g by two American
rimilmen, who were the directors of the experiment.
I.l'r 'own of Kupferberg, in Silesia, with the exception
few houses, was destroyed by a terrible conflagration
the nijlit of the I.!th tilt.
Townth,ll,l, the p• ilestrian. is to start next Monday
Tatniton, to walk to Bridgewater and back, three
:air a day, fur six suce,-ssive days, being seventy-two
tele: a day.
for Lan- Et orr mr N r.—An affair, which has been
'S,itiFpet of much convetsatiim in this city (Dublin) for the last
I. I, kr to tr•iiiiinate in a way very 11111.‘ relit Will lilt Cat.
th.• ✓ and his fair partner. It winild be foe_
I""h*liir public iyor ils it such tratisamons could be altogether
"Prettied-they are revolting to delicacy and good ft cling ;
tonal is humiliated and outraged at the re-
, ' iols of trenehtry :sod Intscnras. The lady qus-
',", nlarneJ : she has dud si.r children, but two of
4",.1it ',T. and is about !hut years of cge. cll.
" "OW 1,14 'UMW, tilt Ili,. knowledge of her has.
1.1 I 4., rii/wr's 'raid, nee, which is wow
In the "mufti. It was soon discovered that she had hot gone
!An inquiry was innmnTMrly set o, liwlt h, ascertain what
wenn.. of her. It sag 111.C.111Crill that she hail parted from
al I anal box,, in which she had tal,:n Ine passage to the
"icl place to destination. at the 'Utah lock, where she was '":11 by and that they proceeded together to tnc
1,!".1.1.,uni0n at Disimiore, with the intention of proceeding II)
tied titmice, it is supposed, to ram,, or perhaps to
'I be ',tomtit, however. was hot. The injured bus-
rice' I hy one 01 his fliends, and a police ronetahle,
:at Demme within half all
4, Preecsdnl forthwrili to the apartment in which were
.nl:l:'iltr Pair. and without exchanging a word. knoekell him
and the a severe blow Ma stick whichhe caroled in his hand ;
.radiy was secured with her iterzwo. The male parties
‘,,,1:;:ri..1,11-., otr • Magistrate. but no warrant was issued, we
to authorise the detention of the gentlentan. The
pel' " brag it hack in duress? to be &livered up, we hear, tii

THE LAM FIRES.

TO THE EDITOR OP THE BRITISH PRESS.

fir
a,—The s-rious and alarining evils that have occurred
at. the late dreadful eonflagrations, from the negligence of the
New River Company, and the defectiveness of our Police
mulattos's, seem to me to call upon every person to offer
any suggestions that may Le calculated in any degree to
prevent the recurrence of these frightful calamities. I per-
fectly approve of the recommendation of a correapondent
in your limper of yesterday, that all the fire-cocks should be
made of the same bore, and the keepers of the engines each
furnished with a toaster-key. By this plan, no time would
he lost after the first engine arrives at the fire, in seeking
for the turn-cock, who perhaps lives half a mile from the
spot; water would he obtainer' immediately, and the
fire would generally be extinguished in the premises on
which it originate.. As some inconvenience wassail! to have
been felt for want of a contrivance to deco it, I would sug-
g,eat that each fire-engine should he furnished with a board
and canvas, similar to those used by the men who water the
streets. But next to the tardy and scanty supply of water,
uequestiouably the greatest evil on these OCCUMIS is the
pressure of the idle multitude, who come only to gratify their
curiosity, and impede the operations of the firemen. At
the two late fires (in Fleet-street, and near to Bridge-street)
this evil was antlered to its greatest extent. As there is
rather a ridiculous jealousy of the military, in the City, I
dare not propose that their aid should be had, whatever
benefit their presence might affird, hut perhaps our greatest
Constitutionalists will not object to the organisation of a
fire-guard out of the City Militia, who arc maintained to
perform I know not what duty. If some additional ex-
pense was incurred, it would, I am sure, be cheerfully
defrayed. When the volunteers were embodied, it was
acknowledged that they rendered the most essential ser-
vices by their attendance on these melancholy occasions. In
the provincial towns the military are always called out,
hut 111 London it seems our liberties would be overthrown
if we were to put an effixtual stop to the robberies that
are committed Nano us while our houses are in flames. It
is obviously impossible that the ordinary Police can act
against such a mob u was gathered on Monday evening in
New Bridge-street. The firemen, with all their efforts,
were in souse instances blocked up, and unable to move.
As to the other great evil, the tardy and scanty supply of
water, it is perfectly true that on the same occasion there
was the must shameful delay. The respectable inhabitants
of that neighbourhood, with whom I have conversed, all
concur in representing this fact to me. At the lire in Meet-
street, on Sunday morning, nearly half an hour was lost
before an engine could be worked, but it was even worse on
Monday evening, and so it must confirm: to be at every
fire until the New River Company adopt some different
regulations. The public are indebted to you for the part
you have taken in calling upon that body to do its duty,
and I hope you will not relax your exertions till you have
succeeded. Those who were spectators of the ill effects of
tl:e scandalous negligence in the supply of water at the late
dreadful conflagrations, or who were unhappily sufferers in
consequence of it, can bear testimony to the justice of all
your observations, however severe.
iVednesday.

I am, Sir, your's,
AY EYE•WITNYIL

SHOCKING MURDER.

Yesterday, as soon as the Sitting hlagistrate at Union Hall,
M. SWANLY. Esq., had taken his seat on the Bench, Snow, one
of the constables, stated, that a man named William Dewhirst was
taken into custody that :miming, on suspicion of having beaten his
youngest child, Caroline Dewhirst, in such a dretultul manner as
to enure her death.

The prisoner was then ordered to be placed at the bar. Ile is
rather a genteel-luoking young man, apparently about thirty.flve
yearn of age. lie was dftlilled in a snit of black. Upon hearing the
dreadful charge, the prisoner did not betray any visible appearance
of horror, when the following evidence was adduced against him :
John Adams, the first witness examined, stated, that he lives in
ll'alworth Gardens, very near to linuite-place. About half-past
eleven o'clock, the night btfore, Mr& lk wiliest, the wife of the
prisoner. came to his house, and knocking at the door, begged for
protection, saying that her husband had threatened to murder her,
aunt that he had beaten her, she at that time appeared to he in a
dreadful state of alarm. After she hall mentioned these circuit,.
mailers, she ran out of the house; wiiness ininielliately followed
I er, hut missing her he returned home again, and tound Mrs.
Itewhirst there, with three of her children. quite naked. She then
tied him that she was afraid to enter bir house, as she was certain
she sliatild be murdered it she attempted it. Dining the time of
this conversation, a watchman came running into witness's house,
and said that the rascal (meaning the prisoner) was heating one of
the children to death. Upon hearing this they all left the house to-
gether. and proceeded towards that of the prisoner. After soave dull.
rutty they got into the/unnw, and upon wit,icas going lip vain into a
room on the first floor, he saw a female rhild,apparently about a year
and a half old, lying down completely naked in one corner, and en.
tirely covered with blood from head to lout. Upon seeing the dreadful
slate in which the child was, and the mot her almost frantic, he (wit.
neat VIII VW tor Siirron Swift, who promptly attended, anti who,
upon entering the 1110111 where the child was lying, met with ln
oppositi 111 l the prisoner, who refused to admit him to examine
the state in which the child was. Aber considerable altercation be-
tween the surgeon and the prisoner, the former found it necessary to
give him in charge to two watchmen, who had by this time(the whole
neighbourhood bring in a desperate state or alarm) got into the house.
The surgeon then proceeded to examine the injuries the child
had received frinn Its parent, and while the witness was describing
thetas to the :11tigistrates, he became quite overpowered. lie pro-
ceeded to state, that the child lay stretched out in tint corner of the
mom. naked, with a piece of blanket thrown carelessly over it; this
blanket was steeped in blood, and when taken idl; a beirrible spec-
tacle presented itself: the infant was stretched along the bare
boards, covered with blisal, which was still (lowing train its nose
and mouth ; 011 lalitlg tit up it appeared to lie dead, but on closer
eau tt tt at ttttt it was discovered that there was a slight palpitation of
the heart. I'ariilUl ii.irta of the MOM had mark* of blood upon the
floor, and against the wall. The witness added, that his Rife
nursed lice of the prisoner's children.
James l'l.oren and Thomas String, two watchmen, described
the eloicking state in winch they saw the child upon going up
stairs.

Mr. Swift, the surgeon, was then esamlned : he elated, that
when he was sent for, which was between two and three o'clock in
the morning, mem going up stairs, he saw the prisoner stand.
ing in the unkldle of the room, who, upon seeing him, used
were strung language, intimating that he had no business there,
and swearing that he would turn hint out if he did not leave the
premises ediately. Ile at that time appeared to be in a
dreadful rage ; and witness, fearful of the consequences. gave
him in charge to the two watchmen, who were then in the
room. The witness then 'mores-dot to examine the child, which
was lying in the state described by the foregoing witness. In
fact, (said the statyron,) I never beheld such a tnass of vitt.
letter in my life as that which the body of the infant presented;
the whole length of the spine And keit were covered with desperate
bruises, blood flowed copiously from its mouth and nose, no feature
in its face was discernible —the head presenting the appearance of
having been repeatedly dashed against a wall, or some hard aut.
ranee. The pupils of the eyes were dilated, and the infant was
then in a comatose state. There were also some violent bruises
on the back of its head, and most of the hair appeared to have been
dragged olf. Witness lost no time in administering both internal
and external applications ; and after having must fomentation's for
some time, the child shewed symptoms of -diltiault and painful re.
spiration ; it was at that time in a dying state. The witness after.
wiset primes-sled to examine the moot in which the horrible and
barbarous set hail been committed, when he perceived on the wall
a spiantity of clotted blood, intermisol with hair. The wall
had every appearance of the child's head having been beaten
against it. fliers. was also found in the room a thick leather
strap, about is yard in length, which had been evidently used, as it
bore marks of blood and mine heavy welts, which he observed on
the child's back and loins, appeared to have teen inflicted by
such a wespon. The witness 'Java, that during the time he was
examining the child, the prisoins remained in the mom, in cus-
tody of the two watchmen; and at the conclusion, he(mine
s's)
spoke to hint. observing on the horrible state of his child ;
whirls the pinnies replied that he hail done nothing—that the child
fell down
iisit,sl the child asiti that 'miming, by the 31agistrate's direction,
anal found it toes deal. The external violence on the body of the
deceased, the witness proved was sufficient to cause death.
Shaw, the constable of Newington. stated, that the prisoner
was given into his charge between two ant three o'clock that
' morning, upon alispicien of having murdered his child. Ile pro-
ceeded to search the prisoner. and took from his pocket, amongst
triter things. a penknife. When the prisoner saw the knife in the
• evnstable's hand, be sant, I hope yen did not thud, I was g„i„,
to rut my own throat with it." Ile then espre44e,l a wt.', t,,
for Ifs. Saner to see his child, and observed, that he would then its,
satisfies!.

Mr. Sr Aut:•, after having heard the above evidence, mos nskr,‘
the prisoner whett:er he wi.hr.l to SSW any thing with revert to this
charge. II sheeted his life. lie IVA% not Intund, tilts !la resumer
Availed. to utter one syllable, if he lammed. as wh.ttorer Ile 110111.
stud siught..„, „ jware oce.tsoin, be toed either fur or agaiimt
{Pith this caution. therefore. lie (the priwroerl might cow Ilse hill
own discretion, and either preeeed to give an account of the dread-
ful circumstance, or tic

The prisoner appenreil not to ray the slightest attention to the
31sagiidratc's suggestion ; urn which Mr. Staples, the 1 'bier llt.rk,
niliroached the Isar, and having repeated the 3lagistrate's caution,
the priwn~7s in a anuan tune, said lie nut then wish to say any
lk was then remanded for further examination.

THI4: BRITISH PRESS.

INTFLLIGENCR.

COTIRT 07 CII.ISITRY, TIIII!ItSDAT, Nov. 111.

IN THE MATTER or Tor REV. ALEXANDER FLETCHER

AND

The court was crowded, through die public anxiety to hear the
argument in. this r 4%,..
7.III.IIITORAIIEstramr. addressed his Lorildilif anti moved
fen :en repine ion to restrain the Rev. Alexander fetcher from
preachers at the Albion Chapel; that he may lei restrained from
exereiting the oilier of pastor in said chaiwl during the time of his
amp millet by the Synod, under the authority vested in them and
the Association; that he may be restraintd from receiving any
money collected at the chapel, under the trust executed in the yet,
11112. This inthrmatimi was tiled against the Rev. Gentleman and
others, who were member', tin forming a place of relittioas wt,r-
ship, called loorgitte (:hap el. This institution was licensed and
authorised by law, and its affairs were regulated by trustees ap-
pointed as is usual on such occasions- It wan the exectitieu and
existence of this trust that constituted the 100(11,t1 of his application,
and brought it under the jurisdiction of the Court, as it exerted such
jurisdiction upon similar occasions. His object would be, to show
that Mr. Fletcher, the Minister, broke the trust, and consequently
from the nature Id trusts in general, combined with the peculiar de-
scription of title, and assuming the breach, he relied upon it that
the order which formed the subject of his application, would be
granted. The Court was as fully entitled to interfere in this as in
any other breach of trust. He wished to state, is limier, the
grounds on which he made his motion. He did not call upon his
Lordship for any increase, in this country, of the power and 4cele.
aisatical discipline of the Presbyterian ('hutch of Scotland, he
merely called upon the Court for its interference on a subject which
fell as clearly under its jurisdiction as did any other of !Bolinder de-
scription. Ile took the liberty of impressing upon the Court,
is limine, that he did not aim at any interference with the Church
to Sentlanel In England. lie mentioned this, because it was suggested
to him, that this would be made the topic of ingenious argument,
to divert them from the real view of the ease. Ile would look also to
the other hranclisa of the application, which asked for an injitnetion
for the purpose of restraining the receipt of the funds, and in these
point. of view It could not be denied that the Court was
called upon for the protection of the funds. The principle on
which the Court acted was applicable to this mode of
proceeding, It was itusuplified both in the precedent and the prae.
lice of the Court. 'he point raised for consideration was merely to
prevent a breach of trust ; it wu not beyond the reach of the Court,
it was within its !Units, it had always acted upon applications dais.
dem 'teeth ; that his motion was within the principle adopted by
the Court, he would exemplify upon the authority, not alone of the
lewd Chancellor, but clothed with that additional value and weight
which every thing coming from his Lordship, man individual, was
known to possess. Mime he called the attention of the Court to '
the facts into which, he was about to enter, he felt himself bound to
declare that he would ni t pass any censure upon the character of
Mr. Fletcher, nor would be make any coininent upon his disability,
though it was imposeible tor any person, looking over the surface
of the public prints, to be unacquainted with the matter. Into this
subject he woeld not enter, though he well knew there were nun,
persons whose appetites were eager for subjects of the kind. Ile
would merelyedlude to the sitspensisn of the Reverend (lentletnan
as the imputed basis of the ru!e for which Itched madean application,
and which suspension was pronounced by the superinr authority of
the Church of Scotland. The imputed miscuoduet of the Rev.
flentleinan may be a ground of controversy elsewhere, but It was
not his wish or intention to mix himself with it. Ile looked to the
metier behwe the Court merely as a trust, obligation, or covenant,
and the question was, whether Mr. Fletcher was bound to submit
to the rule, discipline, and government of the Synod established
not alone by the law of Scotland, but acknowledged by the
law of England, when it may be necessary to consider it in any
point of view. The ground of complaint was, that he did not sub.
nit to superior authority. Ile said before, that it was not his wish
to enter into the cause of the suspension ; he would say nothing
whatever to the prejudice of the Reverent, Hentleinan's character;
and lie trusted he would not satisfy his enemies by running hint
Born, nor would he satisfy the friends of the individual by pro.
flouncing his praise. If these two pasties were In Court, and ex-
tweeted to be gratified, he would take care and disappoint them
both. Having thought it his duty to make these preliminary ob-
servations, he would proceed to the disposal of his ease, and when
it wall considered in all its parts, with respect to law and tact, it
would be found eiremnscribed, and limited within a narrow coin. '
pats. The first consideration would be, when Mr. Fletcher sought
to perform the duties of Minister at the Albion.strcet Chapel, did
he violate the covenant into which he entered, and by which he was
bound to the rule, direction, and government of the Synod of
Scotland ? Ile maintained he did. Here he quoted a case, to
phew that what certain persons established a dissenting chapel, and
bOund themselves by trusts and covenants, although afterwards a
considerable body seceded. they were still bound to adhere to the
rules and discipline of the ('hunch.
The Loan CILINCELLuI—That was a cue decided in the
Court of Session.

......
The Soxiervon•HewenaL.—This was a else in point. It
grew out of the trust, which brought it under the cognizance of
the Court. lie was of this opinion, thourb he beard the whisper
of Ida Learned Friend Mr. Hart, that such 'a question was referred
front the ('nun of Session, not to Chancery, but to the House of
Lords. flaring stated that in his view it wasa narmw question,
he would proeced. It would appear that before the parties had the
power of building the Chapel at Moorgate, they lucid their asiem.
blies at • place called Miles-lane, and when the congregation
ene.eatietl, the Chapel was built. They were enabled to enlarge
It traid Mr. Fletcher says the ettcrease was owing to his porn.
laity as a preacher. This might be the ease; he did nut deny it. In
310orkate ground wan token from the City of London, for the term
! of sixty years; it was, of course, vested in the lessee, and was
demised by him to trustees, for the purpose of building the Chapel.
' It was known to his Lordship that the freehold of such pro.
petty was vested, by the law of England, in the l'lergyman
but to establish a proprietary tight in favour of I fissenters, was
necessary to appoint trnsteea. The 611111 of 11,11001. IT 9,0011/. was
espendesl upon the building; • Minister was appointed, and it be-
came a place of public religious worship, subject to the rule and
direction of the Synod of Scotland. as fully and as completely as
these rules could be rendered applicable to a place in England. An
individual was chosen to officiate and preach in the Chapel, and he
was to art la obedience and in submission to the Burgher Synod
of Scotland. This was evident. front the connexion and the rela-
tion existing between the Chapel and this Synod. These circum-
stances were flpfllOß.ll in the deed drawn up for the purpose; and
it was this superior Synod made the order for the suspension of 3lr
Fletcher. •

The Lono lictrher ts not a ',arty to this
ilml.

The SOLICITOII-Gr Nallat..—lt wait read in his presence. He
roust complain that he was suspended in his argument by his friend
Mr Ilan, with some technical remarks. To makes man hound by a
deed in law he need not be ajtarty to it, it would be sufficient if he
knew its contents. If Mr. Fletcher took the employment, he took
it subject to all trusts, therefore, in that sense Mr. Fletcher need
be an party ; he need not execute it ; he need not so much as sign
It. This was not necessary to make him a party. Ile took the of.
flee under the tleotl. It was this made the oilier and empowered
the trusters. lie was ready to prove that the deed was reed OM
to Mr. Fletcher; he was setpi•inted with its contents. The ease
was in • narrow compass. Will he deny that he, as Minis.
tee of the Chapel, was subject to the Synod—to its government,
direction, and dominion ? Will he deny that the one was related
to the other. as far as the place would admit? 'Was not the chapel
allied to and partaking of the Synods Was it not perfectly within
the pale and reach of the Synod ? %Vas not Mr. Fletcher bound to
obey the orders of the Synod, as fur as they were applicable to Eng-
land ? According to Lis interpretation of the deed, the gentleman
was as clearly subject to its interference, and as completely within
its jurisdiction and reach. as if Moorgste in London were the
cannonote of the ci.y of Eilinlair .;h, and as if he Perforated
his op:ritual functions in one city instead of the other. There were
' other parts of the proceedings to which he had not time at present
to apply. lie wmdd call the attention of the Court to the other
liranci.es of the mo.ion, relating to the other purposes f.w which the
hapi I was intended. The one relating to the prevention of Mr.
Fletcher from collecting the dillivent fees, &c. collected at the
gates. he would not read, as it would not he disputed. The geeoud
material part of the deed chews the intention that Mr. Fletcher
' should be under the personal compulsion of the Synod. Other
branches of It chilly to the distinction that is to be matte between
the Burgher and Anti-Burgher motions of the Synod of Scotland.
There were, it appeared. dissenting parties front the Presbyterian
Church of Scotland ; they had separated on the question, whether
oaths could by properly administered, or church appointments
eionternal, through any Wier channel than the Synod ? This ups-
ration had taken place bit Or tat years ago, and this separation
caused two enini •nt parts of the rhumb, the Burghers and Aril-
Burghers ; and so sti:diettale dill the dyed to which he alluded pro-
-1 vide for the aggregate and individual subleetion of the chapel, that
it declared that should the associated Burghers, either in (ange-
-1 gmmee of tl•eir union with the Anti-Burghers, or from tint other
cause, abandon or !we their name, such circumstance should not
s her or vary the meaning of this indenture; and if the two branches
of the church unite, the jurisdiction should be still the same. At
this perissl the dissidents hive united, the two brandies have form-
ed their union, and are called the ('need .Issociation Synod, and
the divided l'resbyterian Church of li.colLind is again joined In
union.

TIlt• bows ell veruLoa—When did that union take place?
The S t. on-t EIIAL—In 1 It centhcr.
The loin', t 'lt ANC I: 1.1. 0 11-li. hen the case to which you re-
ferral was brought to the !amts. there was no union.
The Sot Ict E It %I.—NO. my Lord, that wan in the
year It:13. flaying thus called the ettention of the Court to the
Iwo branches of the Cluds, the trust went on to ear, that it was
the duty of the per...in chosen to attend the Cliap..d. Into the rouses
win:llo..ol46omA the res 1111111 l of the Reven.nd (Ica limisn„ he would
not enter. lie hsul no wish to discuss ulisa,zreeatO.e matters unless
he was C.111111c1101: here he tilt no such compulsion, and he would
therefore waive nll investigation on the subject. It would be so*.
ticient for hint to wit.. that the gentleman 11:.11 convened bchure the
:"`not of tomslon and the Presbytery of Scotland, IL. was cc.
lieved trout nll difficulty in preying the identity of t;se burghs and
anti-horgher $1114,11.. which haul separaued but were now united ;
and it was this united Synod that sialiended 3lr. Fletcher fruit the
distics of Minister and Pastor until the _llth of April. To this
order of sutspensuon wits iltillett, In order to appoint a enta.l,o of
preacher, to '&1: late at the 3loorgate Chaps! until the time of bus-
pension had expired.
The Lout. (•ti I Nor Eton-110w were the preachers named ?
Tln• Sot it iTIIIII t 77: tt —lly the Synod.
The dont, ore: : LI Ott—lle your deed„ no person can he
created :he Syne.: :Mout the consent of the congegation. Sup.

pose there 'Free question of ralary, could It be decided by the Sy-
nod without the Amociation

.... .
The ritll.lC: I TOll4 NES A t.—That may be a legal question be-
tween the Synod and the associated congregation.
The Loan Cris xca 'Ana—This dad is to be considered with-
nut refer: ere to any rellgirius object t it is to be looked upon as a
deed of to re property. 11ow could a majority of this congre-
gation ex veil ttitir Opinion, if it were lbeColleAry,-1101, cwt they
uppnint
'Pio Si, r. it: t Tr) *AL thought, If it were ITal fur theSy-
Lal o. so vpviel, it was alto competent to them to &Norm
The I,uu u 'lla2lCELLoa—lf they do, hunts' be a right merely
civil.

The Sta.' crrort-GENEW•L—.The Synod here, who were bound
to be obedient to the order from Smstland,, appointed a number to
the amount of sic or seven by rota, and interposed them so fill up
the time of the suspension, and when one individual of those ap.
tenons', repaired to the Chapel to perform his duties, an altercation
arose, awl when he prepared to mount the pulpit, he found it
blockaded ; it was net a blockade here and there tit this point and
that, but it was whet 4444 called a geographical blockade. The
Ile,. Gentleman was prevented at all ponies, and it was asserted
in the Chapel that the interference of the civil power should be ne.
aviary to carry into operation the order of the Synod of Scotland.
This woe not amid by 31r. Fletiter, but others slid affirm it; the
fact was sworn to. The pew rents and contributions were received,
and applied as usual, and coasequeritly the orders of the Synod were
not carried i mot:Rect. Mr. Fletcher mounted the pulpit, and retained
it with iulinitely less interruption than he received from his Learned
Friends &romp. hint, during the very humble address he was making.
Mess were Vie facts of the esse-which he had to state. He would
now take the liberty of enticipat.pg the nature of the defence which
vieuld be set up by his Learned I riende reposed to hint. It would,
he nes led to believe, be this: that a majority of theca who fre.
(rented this Chapel did not wish to be subject to Synod of
Scotland—that they were not of the same religious faitt.--they were
not branches hilt, and they wished that Mr. Fletcher should perform
the duties of their pastor. This defeace was note:informable to the
law upon the subject of trusts. 'they as the majority is with Mr.
Fletcher, and they do not wish to give ern to the sentence of tern.
porary so Ipension. It 4434 likely that the Reverent! Gentleman had
many friend., and that they were not of the came religious principles
with the Synod. Ile (the Solicitor.flimeral) would assume this as
a fact ; he 'mkt admit the argument, seed the question would come
to thin: Can a majority, relying on its number, cut up a deed, and
set Jo a manner derogatory to the power contained in that deed I
Though they etiel proceed as if by poll, and use their• majority,
should such a Ine of conduct avail ? Ile did not undetvaluc this
defence ; he put it In as favourable a light as tos could fur Mr.
',Pitcher, and to show its utility, he would refer to a ease in the first
volume of Rowe; it being a point of the defence, that the majority
were adverse to the control of the Synod, this being a distinct ad.
mined fact, and that they were not of the same religious persuasion,
and did nut wish their interference. Allowing all this, lie would,
on tie Word and authority of the Lord Chancellor himself, negative
all much proceedings in the case of trusts. The question to which
he referred was this: When certain individuals fanned an associa-
tion for certain purposes, and were bound by a deed of trust ; and
if the majority afterwards dissented front the original institution,
c:suld that majority thus dissenting overrule the original deed ?
This was the main grourkd of the defence, and he would reply to it
by the authority of the Lori' Chancellor, backed by that air the
House of Lords, whose organ be a as. [The Learned Gentleman
read as follows, the judgniept of the Lords, delivered by ..he Chan-
cellor on the occasion., "If the Courts below adhere to the prin.
siple that the majority ran interfere with the law of trusts, the
objection will be How can the principle be reduced to prac-
tice ? We cannot examine religious opinions, to ascertain if they
be right or wrong; we can merely refer to them fur the purpose of
showing the ownership of property."
The Loan Cn• KC ELIO a—Yes. pmvit!cd religious opinion, are
made vouchers for the evidencing of property.
The SOL ICIT0114; ttEliAl.—Supprne property was assigned to
three individuals, A.11.C. in trust, if there was no condition the law
wool,' not open it, bat if there was a condition. that there
should be no schism, the law of Englend would require an ad-
herence to the original trust; assuming, therefore, for the sake
of argument, that ninety-nine out of a purulent trustees did not
wish to carry the condition into effect, itill the authority of the
Lord Chancellor 'hewed that the yoke of the majority was of no
avail against the minority wishing to support the original trust,
and carry into effect the conditions on which it wt`a founded.
Having thus called the attention of the Court to the law of the
defence, he would remind his Lordship where he had established a
wider principle than that in the case of the Synod. Ile meant
the case of the Attorney-General and Pearson ; in that matter, cm
nth persons had executed a decal fur some religious purposes, but
it could not be discovered by the deed what these purposes were.
Ills Lordship, in that case, laid it down, that it was the duty of
the Court to make inquiry of the congregation, and ascertain by
usage what was the implied trust between the parties. Here the
principle wu carried to • large extent. In this case, the Solicitor.
General said, he was not driven to the necessity of discovering the
trust by implication, fur those against whom lie made this motion
say they are subject to the Synod. He *as time nest ex ei termini.
Ills Lordship had extended the principle, for lie declared that ,
when we can not find out by words and demonstration the reli.
giants purposes intended in the nest, we arc then to administer the
trust according to usage, as implied in the trust. Ile would beg
localf attention to the word usage ; it was not according to law,
but according to usage. And he would ask, if in the case before
the Court the appointing of preachers in rota, during a temporary
suspension, was not implied usage? Was not the aubjeetion to
the Synod of Scotland implied usage ? Was not the right of in.
terposing Ministers, tinge I Were not these matters incident& and
essentials to, and corollaries flowing from the nature of the Into.
tutlon ?

TioLontr Cittastux Limit—The case to which you allude was
that of a Dissenting Unitarian Chapel, and some persons wished
that the Unitarian principles should not be preached any longer,
but that Anti-Unitarian should. The Court could nut Interfere for
the purpose of enforcing the trust, until it made inquiries into the
established Image. The misfortune of this ease is, that the time of
the suspension will expire before the inquiry can be made. With
respect to the usage, that the Synod can name a minister, that is
contrary to the contrite of the died ; it must be done with the con.
sent of the coo ion. The difficulty is, how can the sense of
the majority of the congregation be known ? What are they to do
to show it? The affidavit of the majority cannot be acted on until
after the decision of the majority, on notice for the purpose. now
many trustees are there?
SOLICITOS.GEWEItAL—Twenty-eight.
The Loan CHAWCEI.Loa—The deed is signed by only nine.
The SOLICITOII-OKNER•L—It was read to Mr. Fletcher.
The Loan CUANCELLOS—TheI'ourt must inquire why it was
signed by nine.
The SOLICITOII•GrXEDAL.-The entire body of the trustees
appears. The Learned tientlemen opposed to him do not appear
pleased with the principle of the case of the Attorney-General
and Festoon. that the usage should be inquired into; he wished
to apply this principle; it was not necessary to read the deed
toridear verbi was not the known meaning, to submit to the
Synod? would not inquiry be evidence of this? Would it
not make us acquainted with the object of the taut? Would
it not enable any Judge or Jury, or fair person, to ascertain
with what intent, upon what faith, and with what motive the
deed was executed ? The case nrest be decided by general legal
principle& With regard to the defence, that the majority were'
disridents--that they were most anxious to repudiate the authority
of the Synod ;—upon bath these branches of the defence, be had the
authority of the Chancellor for the declaration, that they would not '
lie available in shaking the trusts of the deed : the truth of the
deed was a fact. and must be decided like every other fact, by
common law. The fact was, that the subscribers to the deed did
agree to be subject to the Synod of Scotland; the argument of a
majority was therefore out of Court. and great as these majorities
were, his learned friends, Mr. I fart and Mr. flu: ore, nay act as tellers
if they please; they would be modes&
Thor Loan eItAXCELLOI—What is the amount of the pew
rents of the chapel ?
The SOLICITOR.GENTIIIAL-1,01)01. /I•TeXT.
The Loan CHANCELLOR—Is It stated on affidavit how the
salary was to be paid ? %Vas the amount to be paid by the ma-
jority of the Association
The SOLICITOII.IIENIXIAL—De made no motion respecting
the salary of the preacher. l!e did not touch upon it. This was,
in fart, the only difficulty in the case. The deed meant, he con-
tended, to make the Chapel subject to the Synod, if in law it was
denied; and if it was affi:med that the submission was a otwis
otsicria, he would deny it, arid prove it was not. As to the right
of appointing temporary preachers, he would maintain it was. if
he may use the expression, a part and parcel of the subjection.
This was the only part of the matter worthy of discussion. Surely
his Learned Friends would not maintain that the Syood had not the
power of suspending Mr. Fletcher. They might as well say the
Synod can do nothing ; and having asserted what they do, negative
What they do not.
The Louts CIIANCEI.T.OIt—What the Synod an do in Scot.
land, is a matter of fact, according to the law of England ; and it
must be proved like any other Cwt. The power of suspension in
Scalia:id. must he proved by affidavit or otherwise.
The Sot.tc on-ri Est a Al.—Therc was another clause in the
deed, learirg the disposal of the neuter is the hands of the Synod.
This was, in his opinion, a derisive proof of the universality of the
dominion. ( The Learned lentlettian here read the clause re.pect ing
the money.) It In'aCtVd. that if the Association should separate.
the foods, amounting to 9,0001. should be placed at the disposal of
,the Synod.

The LOUD ettAWCEl.T.olZ—iiew is it proved that the powers
of the Synod in Scotland are what • her have been represented ?
The ;4oistsi TOR-I ; r.N tarimis affidavits.
Those of Mr. Walks. the Hey. Itolurt ,tank, Smith. and
many other disse!iting CL.r:;vmen. were nail. stating the extent
and nature of the powers of theSyrod in Scotland. They de.
scribed the tineemnimo and llisaov of the (*hutch of Scotland;
the references to the Seb.ion% and l'Ailios; they chewed that Minis.
ten were /411bilel to sitspension; they were joilgeil by the l'res•
byterr : when the pulpit was racant, it was tilled by that nertion of
the Church who hail declared it so. by the Pr:sdiytery, lithe Minis-
ter was suspended by theta, by the Synod, if they passed the fen-
tenet of suspcnsion. ‘Vhen the matclial parts of the affidavits
were read.

1 he soLtintroa-firw nut. continued.—When this body de.
Hied the uuth..ri!y of the Synod of Scotland, were they aware of
what they were titaliat? were they aware the they were not
within the Act it—that they may be indicted, inalt.
much as they hail nut given a cnrreet and accurate description of
tih,owlveo, as they were by law required? They had no right to
open the d. or of the Chapel—no ittan had a right to go into it.
If they state in Conrt that they are uncturtected with the Synod.
they must heard—'!we practice a fraud upon the law; fin
they called thc:i.rd..rs a pact ut- tne Aw.u.aated Synod of Scotland

and they cannot be allowed to separate themselves from it. Th
argument wan, in his opit.ion, unanswerable, and, like all arc
itients of this descriptinn, it would, perhaps, be called by his
Learned Friends immtiterial. If- wo•ild take: nowt himself. as •
lawyer, to s-sect, that when a licence was givcn to a privileged
place upon a false or smiriots rsoro -riation, and if en asesiek
were committed in such plats pri , ik-ge could not. be pleaded in
any municipal Court. therefore, hi. ',mend Friends
wish to get rid of the power of the Syama of Scotland, they slum
falsify the licence which is registered uoiongat elm records at lie
ernent, and throw it into the live. This was or argument whielo
they gonad throw behind the screen—it was nit fit to be um.l,
,in fact it WAS not used at all. There was another argument,
which he thought was of profound weight in every point of view,
except that it came from him. %Viten these parties had built this
(impel,. upon is very foundation, he may say; In canallilitt they
hail called and described therlintiVeS as connected with, and sub-
jsct to, the Synod of Scotland ; and in centuries to core there may
be found, under the foundations of the wall, a coppvi box, eon-
tahing a statement on vellum, written in Lein a. d linglials, in
which the Con tttt 'dee. of Record acknowledge with gatefolds's,
their religious connexion with, and subordination to, the Synod
of Scotland. IS hat will his friend Mr. Ham say to this? that,
perhaps, it is Immaterial. He bad, he trusted, kept his faith in
the course which he adopted. He ab veined from every topic that
could give the least pain to Mr. Fletcher ; he treated the question
as one of law, and as such he laid it noon. lie maintatned the
deed placed this Chapel uuder the.authortly and control of the
associated Synod of Scotland, as far a- the bald be dam in
England. These walk if construed fairly as tome in every deed
should be, required an aggregate and individial submission. As
to the difficulty of these wart's, he -would meet it with boldness,
and (easier :y. When was the difficulty ? Was there one
Synod in Fn:land ? Did not every Church send its niembas to
the Council? Elders were sent from every Allure!' in England ;
was it, therefore, not applicable to congregations in England ?
Were not Elders sent to Edinburgh.? Suppeee the meeting of
the Council took place in London, Mated of Edinburgh—that
the venue (if he may use the expression) of
Itif/nod was laid
mien—would this change its character ? not the disci-
pline be the same ? The very stooling of theme , embers was so
evidence of their being bound bye the Synod, 'had subject to it.
This act "hewed that personal dis-npline was eza:.ised over there,
it was evidenced by the fact.
The Lunn CM•NCEI.I.OII.—For what Gentile Synod suspend'
The Sot. tectolt-OENZOAL—FOr Mar .11 doctritte,acel midyear
conversation. The Learned Hendee:3e concluded hip argument by
saying, that he felt confident that, in addressing a Judge or Jury,
both as a lawyer and a mad, that if tteltdeed were hiterPreted by
those fair and reasonable 7ilifisreZ y whkh deeds are interpreted, that
it would appear that this was subject to the Synod of Scot-
land, and that it meant to ma e itself so.
The LORD Cnaweestoa—Can there, by the deed, be an ap-
ppens lication ? ion of any property for the sae of the Minister during his sus -
•
The Sostctroa.Geweiat sattl, there was no such dairt
made.
Mr. Haar Mid, he would state two objections to the proceed •
ings beftwe he entered on his reply. This Chapel was not In the
nature of a charitable institution. The matter would then be dis-
cussed by the Attorney-General on the part 9f the Crown. It was
not such an institution ; it wanted all the fundamental features. Be-
fore the payments were made according to the deed, there were
others to be considered : there were mortgagees of the estate% hold-
ing by a prior title; there were mortgages to the amount of 4,4100 i.
Ile could not see limy the Lord Chancellor could act or appoint a
receiver on the estate where such an interference might ruin the
entire. .
The Irwin CHANCELTAII—The affidivita on this subject are
so important to others, that they must be read in open Court..
The Officer of the Coin: teed all the affidavits concerning the
transaction, in which tie Rev. Mr. Fletcher was implicate-6, the
substance of which is already before the public.
The Loan CVANCeLLOR thought there was a distinction i•-;
the case suppose the tined, after suspension, had not power to
fill the pulpit ; that the suspended Minister refused to leave it, and
said he would not obey, Mit he would be after the expiration of the
' suspension, as well as he was bcfine„—wh'st, in such a case, could be
done ? This entirtdeed must be loolied it, and general terms are not
to be applied to this particular case. But this remains to be 'hewed,
of the twenty-eight trustee', has any one filed an affidavit that he un-
derstands the decal aa tbe members have ?
To this question there was, %%believe, no answer.
The LORD CHANCE Lcon—it is impossible to deny that there
arc cases which come under the inriidictien of the Court, but the
manner in which the pleadings are drawn up, render the applica-
tion impossible. Mr. Fletcher may state that he preached under s
contract which is broken by an ad inter int suspeneon. He might
call for an account of the pew rents, but it was evident that neither
he, nor any other Court, could call for voluntary contributions ;
neither was he disposed to call against the wishes ors great me-
jerky for that which may iq the course of a few months destroy the
entire property, when it was recollected what a time was requisite
to augment the Association from 300 to 1,300. Ile should look wee
to the consequences of a step, which may destroy all tcomorrou.
A step of the kind should be so clear, that no doubt whatever should
remain. It was of the highest importance that no ambiguity 'Montt
be leftin deeds. Ile wished•to know what thine, who signed dos
deed,' were thinking of, when they allowed the Synod to select thz
Minister with the consent of the majority of the congregation. The
rights of the dissenters should be treated by the Courts as tended.
as those of the Established Church, but it should be cleady an•t
distinctly known what the law is in regard to them. He wished to
be accurately informed on two points. What were the powers of the
Civil Authorities in Scotland If this transaction took place there
and secondly, what would be the consequences of contumacy in that
country ? These matter" he wished to know, least the Court here,
should do what the Court in Scotland could not. He was infuriated
the Civil Court of Scotland would not interfere in this affair. lie
doubted this much, front his knowledge of the powers poesessed br
a Scottish Court of Session. He would postpone the further hearing
in the case, until to-morrow (this day).

VICE-CHANCELLOR'S COURT, THVISDAY, Nov. IS.

His !layout was occupied the w1.431e of the day in hearing at.
guinea!, in causes of no public interest.

COURT OF KING'S BENCH, TtiunsDAY, Nov.

XINO V. CrIRISTOPHEa.
The AT TOINIV-GENeltAl. prayed the judgment of the Cone
on the prisoner, who stands convicted of haring landed four British
lICSOK.II in the Bay of Listaknaf. in North America, and of aban-
doning them without their ronsetv.
Mr. Baoyousx said that much had come to light in this east
since the trial, and though he could say nothing in mitigation of
punishment—
Mr. Justice BATLEY—No, certainly not, the sentence, its all
cases of that nature, must be three months' imprisonment.-
Mr. B.ol7olllM—Rut my Lord, the evidence now in me power
to produce, and of which the prisoner had not the benefit berure, is
of such a nature, as, in my opinion, to warrant me ip calling on
your Lordships, even at this stage, for anew trial. We here DOW
the mate of the vessel and some of the 'MUM whose testimer.v
will be of the utmost impurtance to my client. He (Mr.Bratigharti
had also several affidavits and other documents to lay before the
Court ; among them was A memorial from elghty-eight lgdisid gals
residing in 3lsryfort, to which place prisoner belonged. Of the
subscribers to these, many were peesonsof the highest respecteuilitv.
and some were the officers engaged in the collection of the revenue
in that port.

The ..4,TTORVEY7GRXEItAL said that though the merits of
this caw were much discusses' before. and that upon the exparte
statement of the prisoner himself, still he would consent to have
judgment deferred, if Alt. Brougham would agree to a hearin:z
in a few days; to this Mr. Brougham consented, and judgment.
WWI accordingly postponed.
The Court then proceeded to rise sentence on several prisoner.
convicted of assaulting excise officers, and of other breach:a .;
the revenue laws.

Henry Falter WaS.Oll the motion of the ATTORNEV•GEYea r.
brought up for judgment. Prisoner was convicted before Bern,
tinihaiti, at the late 11!..II(11 for the county of Kent, of a very ag-
gravated assault on South and another excise officer in tse tewn
Deal. l'iiisoner, it appeared, had, with la others, wired on the pre-
secutor. Smith, dragged him into a public.house. and laicr having
there stripped him, carted hint through the town, tarred an.l
feathered ; and, indeed. an disfigured was he. that a witness at tt.ei
trial swore he could not at first distinguish whether the obiret in t: e
cart was an effigy or a man. Prisoner put in an affidavit in mitigation
of punishment. The principal things urged in it were his gacid
conduct since the °Fence which it appeared took place a long time
ago, the continual apprehension lie was in, and the mental pain hr
endured all that titre, and further, the length ot his imprisonme-t,
which was since the 234 of May last.
After a few wurds from Mr. ADOLPIII2,I, in support of th s,
and *reply from the ATTOSNEY.GENEN.II4 the prisoner wac
sentenced to nine months imprisonnient in the !louse of Correct... .1
at Maidstone ; and that he lie further confines! till he enter i: :o
reeoyrnizances, bittiself in :V/.. anal two sufficient securities in tie
sum of 111/. each, for his good behaviour for live years.
May and %Veils were next brought forward. The prisoners ~1
convicted of assaulting a naval officer, of the name nt .lav, Pr!.
gaged in the suppnission of sintiggltng at Peal. The prisoner*
hail, it appeared, used tire arms, and were capitally indicted tinder
I, rat Elleilbs.wough's Act. Of the espital charge they were
quitted, on consenting to a convietion for the common t.
After much discussion between the ('OUST, the All 011:: r -
GENCR 41, and Mr. for the prisoners, as to Jay's
being a revenue within the meaning of 24 lien. f I 1., the
prisoners (who have been in custody since May last), were
severally sourness! to one year.' imprisonment, and to rind security
for their future good conduct.

Larkins was the rent prisoner. nil cr ny.• was an asarllt
en an officer of the Gladiator. The prose's r, w!,ose rixne is
11'Lite„ was doing duty at Dover, on the 2-ith of August List, when
t • assault in question was e:niimined.
The prisoner pia in an affidavit, annng forth that h^ ha.l a
Urge family, and that he had assaulted the prosecutor iaad.
vertently.

The Loan Cut Fs JrIITICT-I carnet refrain from 10).4,
that the introduction of the word inotiveriently" is highly tepee-
Ilere the prisoner is made to swear what is clearly fakir.
it niipeais that he planned this assault t of wane I uican no
311a.ion to ,he tientlemen of the Bar, by whom. in no instainx,
are these affidavits prepared.
Mr. Mt ora it AM, for the priscoer, yid hermit concur with tn.
Lordship in his reprehension of the word; but he was conyincel
shut the meaning attached to it was. that he did not commit the
offetiee irth great premeditatiim, and that he was at tit,: acne not
ILO:), aware ei the iJCISC

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The Loan Catty 'Eyrie o—l attach no blame to the prisoner,
sr it the poor man certainly shall not suffer for the culpability
of his solicitor, who. I must conclude, prepared the affidavit
• The prisoner was sentencetl to time nionths' confinement, and to
enter into recognisance, for his future good behaviour, himself in
'2O/., and two sweeties in IW. each.
Wiliam Whitnell, at present a prisoner in the Fleet, was
brought up to receive judgment, for offering a bribe to a revenue
t.ffscer, fur the purpose of inducing him to commit a breach of his
The prisoner, it appeared, offered fifteen sovereigns to an officer
of the Ramifies, who is engaged in suppressing smuggling between
Dover sad Fnlkestone, if he would allow him to land a quantity of
orifice, worth above font hundred pounds. To this the officer
ap-
peered to assent, but on the •ririts bring hurled he at once seized
it, and attempted to arrest the prisoner, who then succeeded in
effecting his escape, but afterwards was Llkt`n, an information
tiled against him m the Cowl of Exchequer far the smuggling,
and eonvieted in penalties to a !arge amount before the Chief
Itaaus, during the sittings after last Trinity Tenn. lie was also
proceeded against and convicted of offering the bribe to the nfficer.
The AT TORSLY-Orll EZAL said, that as it appeared the (te-
trads:at was arreadv confined in the Fleet for pen-laths recovered
ograinst him is the ('curt of Ezelicquer, for the same smuggling
transactions as those upon which the btrbe had been offered to the
officer, he did no; think it prudent to press for judgment in iris
instance, and cons,:nted to the deiendant's own recognizance being
taken to appear when cal!ed moon.
A few other cases wear proceeded in by the Attorney.Oeneral.
'lwo Irishmen Were amongst the convicts, for having an Illicit still
at the Rochdale side of Manchester.
The I.oati .• It:ST/Ct. sat at Nisi Prins at one o'clock,
and the other Jurt:ces retired.
tiNIFFITIRS HODOLS.
Mr. Awuntir ortte.l the pleadings. 'This was an action to
ri:...tver rent lot the use anti occupation of apartments. The de.
I..indant pleaded the general law, evil the tender of ten guineas,
which was refused Ly the plaintiff. The apartments were taken in
Midsummer lied at A rent of hie. a-year. The d•fendrint left them
after a fortnight's occupation, and the plaintiff insisted that he
shorthi &fill Ins agreement, and paz fur the lodr,ings for the whole
ear. It was alleged on the part of the defendant, that he made a
I,.eder of rent fora quarter at Michaeliras, and that the plaintiff
had 'made use of the apartments for his own purposes. The 07,!y
nee proved by the defendant's wilt eases was the use of the kitchen.
and the painting of the shutters In the drawing-room. It was con-
tended by the plaintifTs Counsel, that he had a right to anti-let the
npurtmeats, and the circumstance of his having done se did not re-
knee the defendant from his areenrmt.
Verdict fur plaintiff; 10!. Onmages......ifie costs.
a• Es r. moats.
• Scans-Eve stated the cave (In the prosecution. This was 11
an anion to recover compensation in damages for an assault coin-
snitted by the defendant, who was a coach proprietor at Ealing, on
the plartitifi; who was proprietor of an opposition coach. 'The fol-
ios it; witnesses were railed
• Attalv examines(.—l live at Ealing ; I know the plaintiff
lies; in 31ailoit l saw hint tin Mr. Bochsa's coach ; the plaintiff
was driving. When the conch entered Mr. Ives's yard the defend. '
ant abused him Inc not driving him and setting him down at his
own haitse. Itoehsa is the driver of an opposition coach. He was
abusing plainnt in my presence; at length he struck bun, and
hooch& hint against the horse. lees gave no provocation.
Goss-examined—lves said nothing furti.er than that Boehm often
nbused him for not setting him down at his own door, Ives's
• 1124 established helium Roches's.
Mr. Allan, a passenger in the roach, corroborated the testimony
c! :! !Miner witness, and described the assault. Hoch,. „trod, I
Inn: between the chin and the throat, but witness could rut say in
wha:•pa.-ucular putt. (A blunt.)
Cross.axaminect—lves did not speak to Roches on the passage
futtlier than that each was praising the horses of his respective

rlttiLlts addressed the Court for the defendant. He
1..w1i can no wanrwes. A verdict, he admitted, must pass against
tie d:fardsnt„ but the ease was one which, he was sure, the Jury
wat :3 tort SO hare been brought is a spin of revenge, and was a
une:scry ease, that might bare been disposed of at the Quarter
Sessi,ms.
Vere.ct for the defendant,