The British Press; or, Morning Literary Advertiser.
London, England, 1824-11-05 00:00:00

LAW INTFLI.IGENCH.

COURT OF CHANCERY, TI101111D&Y, Nov. 4.

INJuNcTION
AttoUSTI' r. afv..a.rcvrestra.
The but.tcteot-Uts anat. tooted, on an informativn Metl by
the Altoent7-Oencral against Mr. Fletcher. fee an injunction to re.
serails the defendant from officiating aa a ministet in A Ibiir: ehapcl,
which was subject to the jurisdiction of the Associate Presbytery of
Leisdratilt.
Mt. Roast objected to a particular detail of the circumstances
at the muting out ; and requested the nolicitor.tienersl to confine
ilutdf to the notice of !tuition.
'The Pot itsiTolt-titsfiritAr. proceeded • this geedenina bad
saspeniled in September last from officiating. by sentence
of
1t..? Presbytery C and that sentence was confirmed by the Synn,l.
Lon) CHAIM Ett.tra—W hat i• the substance of the notice
of motion ?
Tbc gollciTcol-ttErriritAL—The mutton prop that the Rev.
hl: trader Fletcher may be restrained, by the injunction of the
Court, from preaching in this chapel, and trial be and "theirs may
he prevented from receiving or paying away sums eoilceteil in
he chapel. to persons not entitled to them. He has been or.
Zered by the Presbytery re deliver up the chapel. The order of
the Presbytery ha' been roi.firmed liy the Synod. He is hound
b. the wins constituting the niablishnient, to submit, in his ft-ile-
ac-v.4a duty, to the Presbytery and the Synod. Having been
~.ipenJed by those bodies, he hag no tight to officiate any longer
the chapel.
!Ir. /Inane irterninted the Snlicitorilieneral again. It appeared
to be the object to his fawned Friend to acrid forth to the public
at. iir answered statesnem.
lee I.tum t%Na,tCLt.LOll—Wily„ ler to that, Mr. Horne there
trw *e'en ow much about it already in the newspaper', that the sub-
ject is new wo pews.

The Sotterroit•Oeue•at. assured his learned Friend, Mr.
Nurse, diet he had nu intention to send forth an unanswered state-
right. He never made a speech, either there or elsewhere, which
fsured to hear answered. 11r. Fletcher had been suspended on
t"e last Sunday of September last. It was a rule of the Preshy-
teey . when a clergyman had been suspended, to appoint other Mi.
nuns to supply his place in rotation nely Solidity, until a
.111^C:11.0T ahnnld be appointed to fill his place. The Presbytery
had appointed, PI th:a 41,m. other Alit:islets to reach in Al-
lump Chapel. They ',nun:tied to the plate, and were pre-
s :iced hneu olleiming by dl r. Fletcher. The jurisdiction of the
Natablishment of Seioland, wee, within its pale and
11E013, as touch a part and parcel of the laws of the land, as the
yiiiisdietion of the Church of England win within its peculiar pale
and limns. Mr. Fletchiq haul, since his simpenaion, preached
to the Chapel, and refused the use of the pulpit to the gentleman
aptannted by the Preabyirry to officiate in his place. This con-
'Acct, this inters-modem of the regulated course of divine service,
in ttie face of of the public. was extremely mischievous, and ought
t., rec-i ye an instantaneous check. Ir was nut necessary for hint to
vie nearly a lonia of motion; he hail a right to make an rx.
pore mtiuois for an injunction, and he would rvaist in pressing
hie it. _ .

The LOUD CNANCELLOIII-1s there any estate?
tqtartwe Vm, my !toed; and the trusts by which
rt.e ewste hag been granted to the instrtutton, uhject the ap-
p.:v.:Tent afid regulation of the Mini stet's duty to the Presbyterian
Syr.,
Lena ewairrett. un--This is an important rase. The
queries, t,t me appears to be, whether I can turn nut nue gentle-
man atd put in another. It is imponible to decide it before
Sunday.
Molise —lmpossible, my Lord : the Information was tiled
0-o.y Iset Turadar.
ite Sm.ic sto a-OE s e Rim —The pew-rents may be undyed on
Sutda), and appropriated to undue purposes.
- •

T 'RD CHAXCELLOII—WaI, if the gentlemen who receive
t?'em w.li pay them away to persons not emitted to them, they mast
.r.,y hat.? the phaeurc of paying them back again to the proper

ow .01stistas.--My Lord, you have made an or.
m prevent the sailing of a ship, and why rot one to restrain a
p.imwer front preaching ?
Loan l'itanctt.Soa—it is no easy thing to prevent a
maim !ruin preaching in thmedays, I assure you, Mr. Solicitor.
Mr. SitaDwr.t.L -Our main object is„ to prevent the money
1.*.,,,.!t may be collected by the pr.-aching of Mr. Fletcher, neat
from being paid to persora not entitled to receive it.
r. I.l')a sir ; your object is, to prevent him from preach-

tog at ail.
I.tm LORD CHANCELLOR--I ant inclined to think that cannot
he erectcd in the short interval between this and Sunday.
fhe Sot.tcrron•OeNs:nat.—Then I am to understand from
vo,r Liedship, that we cannot obtain our motion now ?
The 1.0(10 CHANCEI.LOR—I'eu cannot. It is better to let it
5..,r.1 over. The "Rat is a very important one ; particularly as
T-...ending from pence* residing in acsamtry over which 1 have no
: lit it stand over till Wednesday or Thursday.
Es-pane mot:on for Ininnetion rtfuaell.
NAIGACII R. IRVIN() AND OT:IERII, ►RESIDENTS AND Dl-
- o► THE
sALLIANCE BRITISH AND t•UREION
LITE AND ♦lle ASSURANCE COMPANY.
In Mistime his Lordship mated an injunction to restrain the
Prmitinnes and D:rinnom of the Alliance Urartpony frmn efficting
Ai trine lannancts, rtn t!,e ground that the Ihrectars hrt.l no right.
against the plaintiff, to employ the partnerakip fund' in carrying
u• that brawl of business ; but the Chancellor said. hire Was no.
t t.mg to prevent those narmben who chose it from funning a new
ansership of mance assurance.

COURT OF KING'S BENCH, TAIRMIDAT, Nov. 4.

RTIIIWOZR V. MARTIII.

'Alm Commis Sr. iii esNT appeared to show cause against the
rule obtained in this use, MI a motto:. for • new trial. The case
had bon ivied at the lest armee r.f Lincoln, before Karon Ilullork.
and was an four from the Court of Iltancery, 'tiny whether (1. Cord
sew in a sane and enmpeteet state of niind at the time of executing
a h.ll of exchange in favour of 31m. Itrocklerhy. The ettinider-
anon 011ie hill was, " fur eterviers pectinated and to he performed
by her." The ground of the motion wee, the wrong finding of the
.lury. The Learned Judge who tried the case did not object to the
rettisnee adduced on the trial. Ile was dissatisfied. however, with
ti•e firoliug of the Jury for the plaintiff, but dila should weigh with
else Court rather tosionain thee to set oxide the verdict. Frequently
the Jury were too strongly influareed by the opinions of the Bench,
hat when their own conviction was in opposition to the suggestion
or the Bench, it was a proof of the strong sense they entertained of
tile propriety and juritiee of their verdict. An issue nom Chaecery
was granted to try the question (;ovirs lunacy, but the Jury de-
Jared him in he of sem mind at the lime of executlrg this i estru-
ineot, in March, 1i.16.
'f lie Goan Cot Jos-rtes paid, that although he n:ight be
aware of whir! lie was sigoing, yet he 'Mould hese n provrtl to
sire been of a sound and disposing mind at the time of eleieg so.
(Curt would be of Snoring what proportioit this sum
Sure to the pier dy of Coml.
The Como is SCRS LA • 2 understood the property to be con.
stior.:ll!c..
r.l;Lan it denied the properly to be large; from what appeared
bet the trial tits presumption was otherwise. Then: were nu instruc-
tions to him on that point.
Thai flo SlOl4 PG N T replied, tits: if the pewomption were
*lows ise that. what he had stated it in b., hie learned friend woul•
ha funnelled wait instructions to that etect. The evidence which
tad been Rivet: it prove the unsound rtr.te of Co.nrs mind was not
at. all eufheient to sustain the fact of his incompaeney to CY.l'Lllte
toe insirtenteni. At ate time he was heard to *ay, on .trim g •
cow milking, •• What a quantity of milk that hone gives." 'rill',
enieht hsee bruit said in jot:, and should not lie considered a proof
of intinity. Un atinther oec,sion he said " Poet he had lie: n
gor severed works ;•' hut although such exmeesions escape:l !MIL, I.e
*d not act upon them :Leif he really entertained such SOnlilTll.lo 1.
Toe )root, Ju Art cu—fle did not °Mee his coffin to be
prepereth I *impose it (A laugh.)
The common t,Eackga ler my lard; nor dud he, on any
ocoision, give proof by his conduct that his mind ore unsound.
It had been attempted to prove the lunacy from an erroneous jud
ment which he gave as a Commissioner in the Court of Iloiercienre,
is fields An et ronenus judgment might he, given in a Court of
more iespertenee aunt greater annity than a COSti u ilia team 1.11
1/1001. -1)C,.1001111 were 'mouths'', t.tade ill a vela ealrareglinary
say. Ile n-.nembcred to have read of a dutlg, in link/air who was
7- (In: to deride ray by a throw u('the flier.
The bon!) Cut iii' JUs-rter.—Therc is, I believe, but one such
Judge on record.
ear. Justice TT UFO LE --I think it is alter stated nf him, that
whan too oil to see, he had yoi.:r atfiant to the thee.
nod used to ui order to UV:slain •inch way the deeirton
simold go. ( A laugh.)
Tn.. onto Cu I J Helios—There were fewer of Lis decision':
r;:ainrt thr.) or ally other Judge.
;tr. Junior 'OTT E—lt was also a praetiee with him not
to direct a rt. ft -Aire until tenth parties lad woro theiuselves out with
<a tie. IA laugh..)
fir. .!tistice Its et - And •nother practice of hie was, to hear
both shies to II rotichisitni, and never give a reason fur his
(11t,ch laughter.)
fbe Con/lOW OZIOISANT proceeded to comment on the further
eine:coca given in support of the lunacy of Covil, whint he run-
terle.: was inSUrfiCit t to prove the incompetency of his mind at the
11034 of mieniog this bill. 'The soundness of his mind was satisfae.
ton:, proreel at the trial. Om one occasion be war wetted upon to
trerilre (or the saffron at Waterloo. Ile inquired how moth he
should guy, and how mach was generally given by persons in his
uitiudlon, toil went to Ilia laments, and gates pound. not e as his soh.
ortplaon. This was fieldmice of his sanity, mid allowed that at that
Lunn, which was the time about which be signed this instrument,
lot was of sOuud mind, and had the utimagement of bis own affairs.
Uri these grout:de he trusted the solemn decision of a Jury would
mot be distorhert.
Lewin Carat JUITICR suggested the espedieacy of re.
Ageing the bill, end thereby avoiding the neeuustty of • newtrial.
Mr. ClA's declined the proposal, and proceeded to argue
against the finding of the Jury. 'The b.ll was procured by f.aud,
and without the knowledge of the friends of Civil; and there was
abundant evideoce at the trial to 'thew that he was • weak-minded
person at the time of rai,mtag thin bill. lie contended that this
ease should go to a new trial. 'l'hr testator was seventy.five yeses
of age at the tone rot making this bequest. It was not necessary
to establish his mummy ; It was sufficient to she* that he was in
arch a state of mind as riot lobe able to make a rational disposal
*lllO property. The note was given, on the contiugency of Ills
look for *ovine performed iodic 13e performed. It dad not *p-
rier allot ItetliCes Stele ta be perfartaish it was also girco iu eon.

sideration of love and affection, and (it was attempted to be set up)
• relationship between Mrs. Brocklerby and the testator. The
only relationship beta ern then] was, est the wife of the testator
was a relation of the husband of Mrs. Covil. *ll that was eon.
tended for at the trial, and what was established there was, that be
was west-minded and imbecile in Misch, 1816.
The Loan Cuter JUST icr interposed, and said the Court
were of opinion that a new trial should take place, on the payment
of coats by the parties. The practice of revising verdicts was one
highly beeeticial to the Fulton of that Court, and to the subjects
of this country generally. Hut for such revision there would be
no tonna of correcting erroneous deeisioes. Formerly • greater
jealousy prevailed than at present of the verdicts of Jurors; but
from the general improvement in the morals and the learning of
the people, this jealousy iu later times had been greatly diminished.
Ile threw out these observations from the manner in which the
setting aside the verdict of a Jury had been pressed upon their at-
tention by the Learned Counsel. Ile wished the case to go to the
Jury (should it go again before one) uninfluenced by any observa-
tions of this Court on the circumstances of the case.

SHERIFFS' COURT, Novgatzia

If the practice of this Coon were better known, a great deal of
business would be transacted here. It has high privileges; the
interference of en Attorney is not necessary, and it is ro matter
whether the parties are citizens of hoodoo or not, provided the
defendant is found in the City. There it no sort of action which
cannot he tried here, from 5L to 400,0801.; sod the trial is to be
t.orehased at the price of 81.

1110N[

Mr. Law stated, that this was 111 action for the recovery of corn.
pensa.ion for dilapidation which had been made in the premises of
die phia.tift.
gyVeidict tor ihe ylaintitl; to the full amount of the dilapidation.

MGR COURT OF ADMIRALTY, Nov. 4.
(Boro Lord STOW LL.)
THE APOLIA). _ _ _

This was a suit instituted by Mr. Charles Bryan Talbot, owner
of three-eighths of the late ship Apollo, chartered by the East
India Company, to recover from 11r. Win. Tennant and Mr. John
Nesbitt, the other imam, Om sum of 3.000/.. being the value of
his 'hare in that vessel. In the year 1321 the Apollo was chartered
by the East Indic Company to proceed w the East Indies and
back. to which limns. Tennant and Nesbitt agreed, but Mr. Tel.
bot dissented frnm that agreement: however, as 3lesus. Tennant
and Nesbitt were determined to send the ship to sea, Mr. Talbot
arrested beer in this Ceurt. The other parties obtained her release
by putting in bail to the amount of 3,0001., the value of Mr. Tal-
bot's interests, which money has since been paid into l'nurt. The
ship was then sent to sea. She arrived safely in the West In.
dies, and set sail on her return home; but she was wrecked. and
totally lost at the Cape offload Hope. Mr. Talbot has now put
faith his claim to the 8,0101., on the grimed that as the Apollo was
scot to sea without his COPCUTIVIICe, he was entitled to remune,a.
doe. This claim was opposed by Messrs. Tennant and Nesbitt.
who begged that the whole of the circumstances alight be referred
to the Kegiiitry of 31erchants.
Dr. Le.ttailiflTON, on behalf of Messrs Tennant and Nesbitt.
opposed 'slr. Talbot's application; he said that Mr. Talbot hail
opposed every obstruction to the voyage of this vessel, by filing a
bill in Chancery, keeping back the sails, and by false reports httju.
rimes to the character of the vessel, in asserting that she was not fit
for sea, at a time when she came out of Merv,. Wigram and
lireen's dock ; the whole of these reports were false, and the in-
junction, which was obtained C.l-pitt te, was instantly dissolved when
it cants under discussion before the Lord Chancellor, but the erects
had been most injurious fur the merchants, who had agreeeffor part
of the freight. nod the pasiangcrs, who had agreed for their passage,
had left the ship, fearful of these reports pruning correct; the eon.
sequence lima been the loss to the comwtiers of above 6.91.- I. The
Learned Advocate concludes' by hoping that the Court. after
hearing die affidavits, would refer the use to the registry of ter.
chants, Wilt) were the most competent to judge of such matters.
Dr. JENNEK, on behalf of Mr. Talbot. denied that that gentle.
man had been influenced by any malicious intention in filing the bill
in Chancery, and in arresivig ; lie felt himself obliged to protect
his interests in the vessel, which he thought in an unfit state for
sea, and adopted the only course left hint, which was to arrest the
ship fie his interatt in her ; this was done and boil put in ; and now
that thr vessel was lost, as hr bad feared would be the case, he was
entitled to renters-260n. _ _

The ex +ruination, and affitlarits were then put in. the reading of
which, and Lbw continent* thereon, oc=ti.....cd the whole day.

LONDON ADJOURNED SESSIONS.

GUILDHALL, Tuussomr, Nov. 4.

[ &Pre flit RECORDS. and a Renck of Alder
Chriituplier Fritow wax clutrged.ort two indictment.. for violently
aft.itilting a number of watchmen belonging to the Ward of Crlp-
plegate Without, on the loth of October, while in the execution of
their duty.

John and his wife were also charged in the same indictments,
but not appearing, they were called upon their recognizance.
It appeared, frmn the testimony of the several watchmen, that
the disturbance commenced in Nun court, firub-street, where the
prisoner was in company with a man anti woman ; the watchman
on the beat (111illa) told them to diapers°, which, however, they re.
fused, and attacked him vi.drndy ; he sprang his rattle, when other
watchmen came to his assistance, but nn sooner had they arrived
than several men ran down the court armed with sticks, and a
desperate conflict corned, i t which the prisoner took a most con-
spicuous part. Two of the watchmen were so desperately cut
about the head and face as to be unable to follow their employ for
several days, and the effects of the hruiiie» they still experienced.
A gentleman came forward who happened to pane by at the tim-,
and be distinctly proved the riotous coaluct of the refractory party,
and the cruel treatment whirl) the watchmen received tribal the
blows of sticks ; indeed, he expected that some one would have lost
his lift in the dreadful conflict, which was of the most alarming de-
weriptlen.
. . .

The priwiter denied striking the watchmen.
The lirco a lir a summed up the evidence, and the Jury found
him Gritty nn both indictments.
The Cur UT severally sentenced him to six nintiths confinement
114 etch offence in the I louse of Correction, and there to be kept to
bard labour.

POLICE.

WOW-STREET.

Funtous Daiviwn.—Vestenlay the driver of the hackney-
coach. No. 4110, was brought before Sir It. Bianca, charged with
fursois driving, and with assaulting a professional gentleman of
the name of %%alker, and causing two of his ribs to be broken.
It appeared from the atatement of 111 r. %Volker, corroborated by
other witnesses, that on :sat Saturday aennight, in the morning, he
0141 driving through I 'Finer king-street. Itfouteisburr, in a gig, at
a moderate pace, and on the right side of the mad, when he saw the
defendant coming with his eisieh towards him, at a very furious
rate, and whippii4 his horses as hard as he was able. Mr. Walker
drew up close to the nese-side pavement, in order, as he thought, to
pier, in ono, the possibility of danger; but the defendant ilmw over
hiwards him, as if on purpose. end running ap,ninst the gig, upset
it, and 11r. IValker was precipitated with great viol:nee upon the
pavement, by which too of his rib were broken. and he was other.
wise injured. Ile was conveyed home, and kept his bed for some
days. On the l'iteratay following the transaction, the defendant
called at %Ir. Walker's house, which he had Mond by some means
ur tither, ne.d imptire 4 after his state of health, at the same time of-
fering an apology for his offence ; but Mr. Walker considered the
outrege of too aggravated a nature to be passed over lightly.
The defendant pleaded, that it was entirely an accident, occa-
ki.med be his horses running away, and becoming quite un-
nisnegeatfle.

Sir Ilt a); IE obsetved, that the outrage was a most gross one,
and the defendant was a 'cry fit object tor pithishment. He then
lined him lifs. and 4s. costs (the highoit penntty awarded under the
highway Act), and ordered him to find bail for his appearance at
the Secoons, to answer fur the charge of ',sank. lie paid the
penalty, and found bail.
Kerns and Astottio Maser, woo brought up for 6nsl
etaininstion, the former chay.ted on suspicion of robbing his cm.
plyyst, Mr. %Vries, musical insuument-maker, in the Strand, and
the lamr with r.Anitiang goods which bad been sullen frau the same
gentleman.
. . . .

Subsequently to the laat examination, a boy of the name of Joists
WillAirr. whom Mr. Weiss had, about nine weeks ago, taken into
his service as gram, out of eltaity to his then very 131.111Mti d con-
dition, being taxed with having robbed his master, he fell upon
his knees and confessed bine-elf guilty. lie was br,night up yes-
terday to be examined, but no additional evidence had been ob-
tained against either of the prisoner, and Sir It. Mimic said that
one of two very bad alternatives must be chosen, either to discharge
all iiic prisoners, or to admit the boy u an evidence against Massy.
After s win consideration, the latter course was chosen, and Wilt-
shire stated that shortly after he entered the service of Alf. Weiss
lie received two pound,' from that gentleman to purchase some
eiothes for himself. lie went to Monmouth-street, and arwrwatils
to Masse's, fur that porpoise, and the latter asked him if lw had not
something to sell ronietiines? The nitnesa said he hail tun. but
he might perhaps some day or other ; and Masse then sOteti him
where he lived, but lie refused to tell. " However," said
" you can get something, I slue my, and whatever pabmiag I
will buy, my boy, and give you a good pies; but be sure, if you
be take. up, don't you say anything about me." l'wo or
three days after witness took him a new silk waistcoat of his nets-
ter's. foe which the prisoner gave him Is. 6,1. lie subs...w.mly
MA him four razors, foe which he received Ss., and the risme,
then entered into a regular bargain to give witness 3s. fel. for every
four new roves he should bring. Witness took him in nlll5
ruses, a silver spoon, a snuff-box, and a laneet-case, fur which bo
re.vived trifling stuns. The /MOTs were stated to be worth 12s.
each.

Muer being asked what he had to say. declared Iv- never bought
anything of the boy in his life. lie was folly committed, and the
boy was ordered into confinement, to give evidence upua his triaL
Kerns eras discharged far the want of evidence.
Yesterday morning a stranger apidicd to Sir iticirkun Rnxtt
for advice how to act towards Mr. Harris, a rawiihroktv, in the
Strand.

Complainant stated. that he had a carpet in plcigii at M. Ilar-
tic's shim, and ua going to take it out, to his gr.•at surprise
Muria refused to give up the p►uperty unless complainant gave him
the money for it before he did an. This unusual mode of proceed-
ing surprised complainant, and he demanded the prrperty before he
paid the money down. A second refusal being gimp ttu: com-
plainant caught redress from a Magistrate. •

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116,