The British Press; or, Morning Literary Advertiser.
London, England, 1826-07-29 00:00:00

OXFORD CIRCUIT.

H ERTFORD, JOEY 27, 1026.
Vesterdsy the Commission was opened here by Ni. Justice
flunsouoft. who attended divine worship at Saint Peter's
Church.

''his morning, at ten o'clock, Mr. Baron ()ARNOW took his seat
on the Bench 3t the Crown Bar; and Mr. Justice DURROUUS
presided on the Stde.
CIVIL SIDE.
THOM•S V. JONES, Ci.EIX.

This was an action brought by an acorney against the defend-
ant, who was a clergyman, to recover the amount cf his bill for
professional services.
'flier.: was nothing important in the cause, and the only thing in
it worthy of notice was a manifestation of that unutterable repug-
nance which on this circuit we find Welsh witnesses have to give
evidence in English.
Lewis Williams, a witness of this description, being put into the
box, was asked—" flow old are you ?"
Witness—You must speak it in Welsh.
This was a poser for the beamed Counsel who put the question,
for It was completely out of his latitude. The question was re-
peated over and over again, but no answer could be obtained, as
the witness" stood mute by the visitation of Ilidsh."
Mr. Justice I.lnnuouutt, by a little ruse de id, obtained the
desired object.
The JUDGE—Don't you understand English?
Witness—No, I don't understand it at all. (Laughter.)
The Jr nc E—Nn ! Where did you come from?
Witness—Front Merionethshire, my Lord.
The JUDGE—Do you intend to go home by the same road that
you came?
Witneint—Yes, to be sure I do, my Lord. (Laughter.)
The JUDGE—Come, I think you will do. Bow many brothers
and sisters have you ?
Witness—Four brothers and five sisters.
The J U DOE—That is very good English. Now you are sworn,
and you must go on and speak the truth.
The case then proceeded, but ultimately the plaintiff submitted
to a nonsuit, in order that he might bring a fresh action.

CROWN SIDE.
HORSE-STEALING.

A person of respectable appearance was indicted for stealing a
bay gelding at Hereford.
It appeared from the evidence that on the day stated in the in.
dietment the prisoner hired the gelding in question, for the purpose
of riding to Shrewsbury, and, on his artivaLthere, lie attempted to
sell it to Mr. Peters, the landlord of the Hell. Mr. Peters agreed
for the price, but would not conclude the bargain unless the pri-
soner procured a letter from Hereford. to be brooght by the guard
of the Hereford mail, in order to satisfy him that the horse was the
prisoner's property. The prisoner promised to do this, but, having
failed to comply with his undertaking, a constable was sent for,
and lie was conveyed back to Hereford, when it came out that lie
had hired the horse only, and had not bought it IS II he lira! alleged.
When Mr. Peters was examined, the prisoner requested that he
might put a question or two upon his evidence.
Mr. Baron Haatoow told him to put any question he wished.
Prisoner—Now, Peters, do you know the Ten Commandments ?
IVitness—Yes.
Prisoner—Let us see. What is the ninth commandment?
Witness, after some consideration, said he forgot the ninth com-
mandment. _ _ .

Mr. Baron °minor reminded the witness that it was—" Thou
shalt not hear false witness against thy neighbour;" and asked the
witness if he had told the truth.

The witness replied that he had.
Prisoner—We Phan lee about that. Can you read the oath you
have taken, forl don't believe you have told the whole truth ?

Wl•itness replied that he could • and was then closely cross-ex-
amined by the prisoner upon several immaterial points in a manner
that plainly showed lie was no novice at cross.examining.
When called upon for his defence, he stated that about six
months previous he had left a brooch to be repaired at Shrewsbury,
and he borrowed the horse in question to ride over there for it. On
his arrival there he put up at the Bell, and, after having taken a
jug of ale, he became intoxicated, and, just by way of a joke, pre-
tended to offer the horse for sale; but as to his having any real in.
tention of selling It, it was all moonshine. The fact was, he had
been in his Majesty's service, and had fought at the battle of Tra-
falgar with Lord Nelson, and there he received a wound in the
skull, which injured his brain, and ever since, after having taken
any liquor, he became unconscious of what he did. tinder these
circumstances, he hoped his Lordship would put a lenient construe
ti m on his conduct, and not suppose that he ever contemplated the '
commission of a felony.
Mr. Baron °ARROW, in charging the Jury, told them that the
law with respect to horse-stealing was this : if a man borrowed a
horse with a bona fide intention of returning it, but afterwaids
altered his intention and sold it, it was not horse. stealing. If, on
the contrary, at the time he borrowed the horse he did so with au
intention of selling it, and afterwards sold it, then it was felony.
His Lordship thought, that under all the circumstances, it was
clear that the prisoner hired the horse with an intention to sell it;
it was, however, for the Jury to decide.
The prisoner —My Lord, I beg to say that I differ entirely with
you is opin'on, and I hope the Jury will differ with you too.
The Jury, after deliberating for upwards of half an hour, found
a special verdict—Guilty of stealing, but without an intention of
selling at the time he hired the horse.
Mr. Baron Gaaltow add that if the Jury were of that opinion,
they must find &verdict of Not Guilty.
The Jury again deliberated, and then found the prisoner Guilty
generally.
The prisoner then begged his Lordship to be merciful; and
again told ilia Trafalgar tale.
Mr. Baron GARROW told the prisoner that he believed he should
only do his duty if he left him for execution, because his Lordship
was well aware that he was a person in the habit of violating the law.
He had only been fourteen days out of Monmouth gaol, where he
had been confined for passing off gilt farthing,' for sovereigns, and
therefore lie deserved to be made an example. His Lordship,
however, sass inclined to be merciful, and would recommend that
the se,tence of Heath might he commuted ; but *prisoner must
expect to be transported for life.

TURN-OUT AT DUBLIN, ON ACCOUNT OF

THE CURR.R.NCY.

At an early hour on Tuesday morning, several hundreds
of the libourin;; classes assembled, and proceeded by
Rouitil7tOvin and Rathfarnham to the different manufacto-
ries in that neighbourhood, obliging those who were em-
ployed at thtm immediately to have their work. They
visited the cloth manufactory of Mr. Russell, beyond Rath-
farnham, so early as half-past seven in the morning, and
compelled his men, sixty in number, to quit the looms;
they then proceeded in the direction of Ballyboden, and
continued throughout the day to parade the country, visit-
ing in like manner every manufactory that came in their
way. The men in Mr. Russell's employment earn 1/. 10s.
to 1.55. per week of the late currency, and in more eros-
perous times some of them could earn as much as St. per
week. Now, taking the average paid by Mr. Russell to
his men at 11. Ss. each per week, it would amount to a
weekly payment for labour of 751. The increased wages
demanded by the workmen would amount to 6!. Ss. per
week, or 32.11. per annum, which would he sufficient to
give empluymint to five or six additional hands. This
single instance will shots, that however trivial the differ-
ence may appear between paying in English and Irish cur-
rency when considered in detail, it becomes an important
object to the employer who has a number of men to settle
with every week.

A party of the horse police were in attendance through-
out the day, to watch the proceedings of the people, and
to prevent any breach of the peace; but we are happy to
say no violence was offered to any individual, nor was a
single weapon carried by them. The police are ordered
to be in attendance for the same duty to-morrow morning.
A complaint was made on .Titesday to the Ma-
gistrates of the lleati Office, by Mr. Jones, button manu-
facturer, of Cork-hill, that four of his apprentices had left
his employnn nt in consequence of the general " turn-out"
for English currency. The Map,istrates immediately causztl
the young gentlemen to be taken into custody, and com-
mitted for three months to Bridewell, under the Act 3lst
George 111. cap. 513.
Several of the workmen employed by Mr. Ilodgen%
glass manufacturer of Ringsend, attended yesterday pt Col-
lege-street Police Office, to answer the complaint of that
gentleman, for having quitted their work without giving a
week's notice, as they were bound to do by agreement.
They expressed their determination not to work unless
they were paid in English currency—but said they wou!cl
return to Walt their week.

THE BRITISH PRESS.

LAW NOTICES.

COURT OF CHANCERY.
■■IORM TM■ LORD CHANCILLOR, IN LINCOLWR INN DAL!, TIIIS DAY,

AT

Remsin{n; MotloOß.

VICK-CHANCELLOR'S COURT.
UFOS{ THE VICE-LOLNCSI.LOH, IN LINCOLN'S INN, Tali OAT, AT

lIALF•PAST TIN.
Remaining Motions, after which Cause Petitions.

ROLL COURT.

The Master of the Rolle will hear elitism, Further Direction's, and Pe-
tition.. by consent, this day week , Aug. 5), at nine in the morning.
Cause•, Further Directions, and Petitions, must be set down before
two o'clock on Friday neat.

LAW INTELLIGENCE.

COURT OF CHANCERY, FRIDAY, .1 In Y 211.
The Court wee occupied the whole of the day V. ith hearing several
motions in the ordmury course of the Seal, none of which were of
the smallest impudence to the public.

VICE.CIIANCELIAM'S COURT, FRIDAY, JuLy 28.
DI NEIDAI.E V.RYDEkt.
. .

In this caw, Mr..l;(7o7§saidliCitad-I;een instructed to make a
motion of rather a novel nature. some time since the present de-
fendant brought an fiction against Mr. Hinsdale (the row plaintiff)
for the recovery of a stem of 90t1/. alleged to be due by him to a
Person deceased, of whom he (Ryder) represented himself to be
the executor. Mr. Hinsdale believing that he had a good de-
fence to the action, neglected to call upon Rider to show that
he was really the executor, in consequence of which neglect, judg-
ment passed against the present plaintiff, and for the amount of the
verdh t and the costs of the suit he was thrown into prison, where
he still remains. The plaintiff had, however. recently discovered
that Ryder was not in fact the executor of his deceased creditor,
but that another person of the sante name actually was, and who
threatened him with a fresh action to recover the amount of the
same debt. He (Mr. Jacob) was thereiore instructed to apply to
the Court for its interference on behalf of the plaintiff. It was un-
fortunately too late to apply for arrest of judgment, and no writ of
error would lie. The present was, therefore, one of those in which
retief could only be obtained through a Court of Equity. A diffi-
culty certainly presented itself in moving for an order, as there was
no precedent to guide him respecting its form. Ile could not ask
the Court W discharge the plaintiff; but that the defendant should
be required to consent to his liberation.
The VICE-CIIANCPMCOR said, that that would be requiring of
the Court to do a thing which it had not the power to do. To order
his discharge would he to pronounce a decree In the cause.
Motion refused with costs.

DELAYS IN CHANCERY.
IIIERDUNi V. BUMFORD.

Mr. Hewer. applietinthi;eaaefiiiheCOMmittal to prison of
the defendant, for centempt, by disobeying an order of the Court.
From the statement of the Learned Gentleman, it appeared that
is the year 1820 an injunction was granted by the Court. to restrain
the defendant from raising coal in a copyliold estate, the property
of the plaintiff, situate in Lancishire. A few weeks subsequently,
a motion, smiler to the present one, was made, which woe, how-
ever, ordered to stand over to the seal before the then following
Hilary Term. In the interim, the father of the defendant under-
took to secure to the plaintiff the value of the coal already raised,
oti which the plaintiff' consented that the committal of the dekn-
dant should rim he pressed, the defendant undertaking, at the same
time, to pay the costs of the Suit, to refrain from working the
nines, and to permit the plaintiff to inspect them whenever he
should require. <The injunction was, however, not dissolved.)--
The defendant violated tide, his undertaking, and in consequence a
motion was made in that Court. in the gear 1821, for the committal
of the defendant, on the ground of, his leaving refused to permit the
plaintiff to inspect the mines, and of his having resumed the work-
ing of them. On that representation the Conn granted the mo-
tion, and an order issued for the committal of the defendant to the
Fleet prison. In the month of August following (1821) an appli-
cation on behalf of the defendant was made to the Court, for the
discharge of that order. After hearing the arguments of Counsel
in support of the application, and in opposition to it, the Court di-
rected two issues to be tried ; the first to ascertain whether or not the
property in question was copyhold ; the second, whether any and
what amount of coal had been raised by the defendant. On each
of these issues a verdict was given in the affirmative for the
plaintiffs. The order of committal was accordingly renewed,
and the defendant and his father were ordered to pay the costs of
the trials at law and of the suit in this Court. It was necessary
that the nyder for committal should be signed by the Lord Chan-
cellor, but, upon its being laid before him, his Lordship expressed
that he felt great difficulty to do so, as hr entertained doubts of the
nropriety of such a proceeding, he being unacquainted with the
facts Of the case. The committal of the defendant did not, conse-
quently, take place, and he has eve* since continued (as the
Learned Counsel said) to violate with impunity the orders of the
Court ; and, up to the present moment, the plaintiff had found it
irT.possible to obtain redress.
The VICE.CHANCEI.Lon—How can I grant your application,
Mr. Heald, or what relief can I afford to your client, if my ordtr
is to prove nugatory ? If the Lord Chancellor refuses to act, un-
less he himself shall hear a cause, of What benefit will it he to you
that I hear this cause a second time? Either this Court ought not
to be called upon to hear and decide in such a case, or it ought to
have the power to enforce its decree. I swish, 31r. Heald, that you
would take an early opportunity of mentioning the case to the Lord
Chancellor, anti perhaps his Lordship may say, that if I make the
order he will sign it. It is a very proper case to mention to his
Lordship, for should he continue to refuse signing such an order,
the nsult must be, that all orders for committal must be made be-
fore his Lordship.
AI-. HEALD said he would take an opportunity to comply with
his Honour's suggestion in the course of the day, if possible. He
fully concurred in the justice of the observations just made by
his Honour. He had himself, within the last twelve months, fre-
quently mentioned to his client the utter inutility or again applying
to this Court, while the Lord Chancellor should continue to refuse
his signature to the order of committal.