The British Press; or, Morning Literary Advertiser.
London, England, 1824-05-19 00:00:00

REVIF:LI. r. LUCAS.

This was a ease tricell;ife;;;the.l.;;tierlief Justice, in which a
point was rmened as to the admissibility of the evidence of an
attorney. It appeared that a person, named Nokcs, had called
upon the attorney, to consult him whether it would be safe for him
to attend a fleeting of his creditors. The attorney advised Kokes
to remain at his office until he obtained a safe conduct from his cm.
ditora. The question was, whether the attorney could be exa-
mined as to the declaration made atlhat time by Noises, with a
' view to prove that an act of bankruptcy had been committed.
Mr. F. l'obtmcit, fee the assignees, this day contended that the
evidence of an attoraey was admissible as to any matter alien to
his business and character as an attorney, and where it did not
' apply to any matter of fact confidentially entrusted to him. The
:• four.oation of the exception to the evidence of suorneys was the
necessity that persons were under, either for their defence or to
! enforce their rights against others, to communicate to their legal
' advisers what would otherwise remain locked up in their own
breasts. In support of this opinion, the Learned Counsel cited
seeerai cases as his authority. The quettimi here was, whether an
net of bat.itruptey had been committed ? The intention was part of
1 the act. Them could be no distinction between the act of staying
, at the attorney's Oboe and the atavism with which lie remained.'
I Tie d.claration of the bankrupt was part of the imgeste. It was
• impossible to fin zatv what injusabe might be warkeiL if a court of 1
law could get at a fact, without getting also at the accompanying
• eireuntstarms by which that (set received its true character. The
act of Lankraptcy was comfiest,' by law as a crime. The poverty
or insolvency of the bankrupt was in itself no crime, but his avoid.
ante of his creditors rate; was an attorney, who was casually witness I
to a crime, io refuse to icier evidence, under the pretext that the
party come to him to consult him as an attorney ? The greatest
incomrenimee must result to the public from such a principle.
Mr.. 10 H If M. I 1.1.1 A v. 4, on the other side, referred not only to
the recent dexisim of the Court of Common Pima, but several
eases of Nisi l'rihs, tu which it was held, that a caounanicsaioa

made confidentially to an attorney, in • cause actually pending or
10 contemplation, was privileged.
Mr. Potent a, in reply, admitted that the privilege extended to
any suit expected, in the largest sense of the word, but not to mat-
ters casually falling within the knowledge of an attorney not em-
plojed in the case.
The Loan CutEr JUSTICE said, that as there were several
conflicting cases of Nisi Pries:, and the recent authority of the
Court of Common Pleas, the question deserved great conside-
ration.
Judgment deferred.

HIGH COURT OF ADMIRALTY, TUESDAY, MAY 18.

THE ELIZA ANN.

This was an appeal front the Vice-Admiralty Court of Jamaica,
'hick had condemned the above vessel, with its cargo, foe a viola-
tion of the 211th Geo. 111. which prohibits the importation of corn,
dtc. into any of our Colonial possessions, excepting the same be
'British property, and in British vessels properly manned. It ap-
peared that a quantity. of corn and flour had been conveyed in the
Virginia Ross. which is an American vessel, commanded by Capt.
Lowe, from the United States, to Cuba, and there landed on the
pier, from whence it was immediately shipped on board the British
vessel, the Eliza Ann, and in that vessel conveyed to Jamaica,
Captain Lowe accompanying the vessel in the capacity of Super-
cargo. On the Eliza Ann reaching the port of Falmouth, in
Jamaica, a seizure of the vessel and cargo was made, on theground
that the property in the corn remaining in an American subject, its
importation was prohibited.
On behalf of the appellants it was contended by Dr. LI:SUING-
TOE. that the 68th Geo. 111. had so far modified the 28th of the
smite King, as to allow the importation of corn and pulse in British
vessels, from either the foreign Colonial possessions, or from the
IContinent of America, without requiring the cargo to be the pro-
perty of a British subject. He also denied that the circumstances
of the case justified the inference that the propert' in the corn re-
innined in an American after the shipment from Luba.
His hlajesty's ADVOCATE admitted the question to be one of
considerable importance, and on which he was tree to confess that
1a difference of opinion prevailed between his Mir eary's Advocate,
and the Attorney-General of Jamaica. In reviewing the whole
1 circumstances of the case, he contended that no doubt could
exist but that the property in the corn remained in Mr. Lowe at
the time of its being brought to Jamaica ; and that the designating
Mr. Lowe supercargo, was a mere subterfuge. He denied that
the 68th Geo. 111. took the case out of the operation of the 28th.
The letter statute was only meant to apply in cases where the im-
portation took place the entire distance from the place of growth in
a British vessel, and he contended that the conveying of a cargo a
part of the distance is a foreign vessel, and thence transhipping it
into a British vessel, was not a compliance with the spirit and true
meaning of the 68th Geo. 111. and could not therefore protect the
vessel from the penal liabilities of the 213th.
Dr. JENNER followed on the same side.

Dr. LUSIIINGTON in reply, argued that the s&h Geo. 111.
would not admit of the construction attempted to be given to it Ly
his Majesty's Advocate.
Lord:sr ow ELL announced his Intention of pronouncing judgment
on the next Court day.

POLICE.

cll.TlLpun lAA

James Ncrris, a stout ill-looking young fellow, was fully com-
mitted for stealing a reticule containing some articles of trifling
value. The robbery was impudent enough. A Miss Elisabeth
Betts bad knocked at the door of the house where she resides, in
New Union-street, hloorfields, and was waiting to be admitted,
about ten o'clock on Sunday night, when the prisoner and another
came by, snatched away her reticule, tore her dress, and ran off:
The prisoner was overtaken, but his companion escaped.
A well-dressed mon, who gave his name James Ilartwell, was
charged with fraudulently obtaining a hat from Mr. Hick, No. 61,
Chcapside, hatter.
(in Saturday night, it seemed, the defendant went into the shop,
and having bargained for a hat, Brewer, the shopman, inquired in
what name, and where he should send it. lie replied, Edwards,
76, Aldermanbury," and the porter was despatched with it, about
half-past ten o'clock at nigh:, but without instructions whither he
was to wait for the money or not. He found the prisoner standing
at the door, delivered his charge, mentioned that the bill was
within the box, and the gentleman making no offer of payment,
the porter concluded all was right, and retired. Early on Monday
morning a visit to demand payment was made to the house, which
till lately had the name of Edwards over the door, but which ap-
peared to be an empty warehouse, and admittance could not be
obt►ined.

!dr. Edwards, the former proprietor of the house, attended, and
denied all knowledge or connexion with the prisoner, who was com-
mitted for triaL

BOW-STREET.

Yesterday Jamey Lawrence, otherwise Jamcs Lintot, was put to
the bar, charged with robbing his employers, Messrs. Tyson, of
Regent-street, of money to a very considerable amount. The pri.
toner had before been to custody, but was supposed to have re-
formed. It has, however, since been discovered that he cohabited
with a girl in Shire-lane.
One of the partners in the firm attended to make out the case
against him, and Avis and a brother officer were instructed to lose
no means oefinding out where the property was.
The ptisoner was informed that he would be again brought up,
and some money and clothes found at his lodgings were given to
him. Ile was remanded accordingly.