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London, England, 1826-06-22 00:00:00

'stark of time. and he was afraid the Ecclts'astieal Court would
think it was a case in which the wife ought to have immediate re-
sist'. His I,ontvhin said he had no doubt, if his respectful complt.
ants were presented to Sir Christopher Robinson, that LCAHICki
J udire would inform him what he thought of his declaration.
Mr. Dna t observed, that the expenses of the suit in Doctors'
Co.nuirwis wodld not he less thin 341,0001.
The Loan Cis ANCELLOR did not know if he might be allowed
to siv a word about the poor, hunted Court of Chancery, but hr h.
heard the expenses in that Court were less than in any other. He
had hoed of an issue which coat 10.0110/.. and there could be no
d tub' that suits in the Ecelesiaatical Courts were very expensive,
betowse the corts fell all on one side.
Tice Solicitor for I, itly Portsint uth observed, that if Mr. Fel-
Wares would undertake to advance the money, there would be no
ditbeulty.
l'h. Lotto CHANCELLOR observed, that it Wan • Erl 7 difficult
thing to get rid of a wife, if neither she nor her Solicitors liked that
kir dOlil her husband should part.

ROLLS COURT, WEctirminav, Juice 21.
THE ATTOYXF.Y•OEXERAL v. NZWIOIR.
On the re-hearing of this case to-day, a qmnition arose as to the
•alidtty of a bequest, devised be the testatrix, Newsom. to Mary
Insinbers. of 301. per annum. The Master had excluded the de-
visee front the benefit of the legacy, in consequence of an erasure
s.f ho. name which appeared in the will. The question on which
the Court was called upon to decide was, whether such erasure,
her nsme appearing in another part of the will, would bar her
t•tg the amount or the bequest.
Mr. Soo ems said that the erasure in the will could not deprive
Ais Chambers of the legacy which had been bequeathed her by
the testatrix. The terms of the bequest were, that the sum in
question was devised to the Vicar and Churchwardens of the parish
of St. Martin, provided that, in consideration of that sum, the
rid Ann Chambers should be received into the workhouse of that
parish ; but in case she did not go into the workhouse, then that
the annual rum of 3111. Long Annuities should be vested in Ann
Chambers herself. The erasure in the will was only as regarded
her going into the workhouse, and only proved that the testairis did
not wish Ann Chambers to go into the workhouse, but did not at
all affect her title to the legacy.
Mr. If EALD ssid, that what Mr. Sugdrn had said. he confessed,
appeared to him unanswerable, and he would not therefore make
any objection to it.
His Hoxotra (tile Mister of the Rolls) decided that the de-
visee (Chamber•) had a right to the legacy, and onleted that the
return of the Master should be corrected. Ile was however anxious
that it should be done in such a way as to prevent its being made a
precedent.

UH'RT OF KINITS_RENCII, WESTMINSTER. Jowt 21.

. ...
[Before the Loan CHIEF Ice Tics and a Special Jury.)

THL RING V. *MEM.

This was Indictment for a libel. The prosecution was instituted
by Sir (filbert Bast, Bart., bi consequence of a letter which he re-
mired from the defendant. The Indictment set forth that the de-
fendant did make attempt to provoke him (Sir (filbert East) to
• breach of the peace, by the publication of a letter to the following
effect :

Sta—four recent conduct convinces me that your repre-
sentations, respecting the wine, are entirely Gibe, otherwise you
would not hesitate to send back the casks for the purpose of being
measured. You rosy be a Baronet, but you are no gentleman."
'rhe eireumatsricen which gave rise to the alleged libel arose out
of the following transaction. In October, Inf. Sir Gilbert East
bought some wine of the defendant ; a quarter cask of sherry was
part of the purchase. Sir Gilbert paid for it by a check on his
banker, and received it at his house in Welbeek-street. Sir Gilbert's
butler represented to his master that, in bottling the wine, the cask
did not contain as much wine as the othcr cask which he had
bottled: in consequence Sir Gaiert East wrote to the defendant,
complaining of the deficiency. The defendant sent for the cask for
the purpose of getting it measured, and not getting it, he wrote the
letter complained of.
A Mr. Ward, on the part of Sir O. East, called upon Mr. Rcagh
for some apology or explanation ; but the defendant said he would
Sooner see Sir Gilbert (1—.41.. . .

These were the facts of the case, which were statel by Mr.
Sc••LETT, who was about to cat witnesses, when
Mr. J. WILLIAMS, for the defendant, took two objections—
ti he contended that there was not sufficient publication to warrant
a pro•ecution; and, secondly, that the indictment did not contain
words to thew that the defendant sent to the prosecutor less wine
then the quantity contracted for.
The LORD Clime JUSTICE withdrew for a few minutes. for
'the purpose of eensulting the other Judges ; when he returned, he
said, that hating consulted with the other Judges, he was of opi-
niim that there was sufficient publication to let in evidence.
Witnesses were then called who proved the case above stated.
The letter had been received by Sir Gilbert East through the two-
penny post, and was proved to be its the hand-writing of the de-
fendant. _ _ - _ - _

Mr. J. WI I. LIA MS then addreated the Jury for the defendant,
and contended that the letter of Sir Gilbert East was an attack upon
the character ..f his client, a most respectable merchant ; and that
there was sufficient provocstinn in the communication which Mr.
Rauch received, to justify hint in writing the letter in question.
After a short charge from the Lord Chief Justice, the Jury found
the defendant—Guilty.
TEM RING v ELIE EARL. Or HARROROCOH AND CAPTAIN

BAILIE.

This was ■n indictment tut the of Richard Dallet-
son, a watchman of St. George's parish, for an assault, alleged to be
committed on himself and other watchmen, by the Earl of Hay-
borough and ('apt. Bailie, at Stevens's Hotel, Bond-street, on the
night of the 19th June, 182.'5.
The Com xoN SERGEANT stated the case. He said the charge
was brought against a peer of the realm and a gentleman, for as-
saulting a watchman in the discharge of his duty. It would, he
said, appear in evidence that the noble defendant and another gen.
tleman were making a great noise in Bontl.strcet, on the 19th June,
last year. The watchman remonstrated with them, and even told
them that there was a sick lady in one of the neighbouring houses ;
butt they persisted in making the noise, when the watchman endea.
soured to seize the Earl of Harborough, who ran off to his hotel,
which was convenient, where he again repeated the noise. The
watchman again attempted to seize his Lordship. The door wan
opened, and a number of young gentlemen came to the assistance
of his Lordship. and heat the poor man in such a manner that he
was unable to attend his duty as a watchman for sane time after.
This. the I earned gentleman said, Wittnot only an illegal, but • gross
moral offence. which was aggravated by the use of an iron instru-
ment with which the prosecutor had been beaten. The poor man
had a large family. who were by this manure deprived of his see.
vices, and he felt confident that he could establish the facts which he
I.ad stated, to the satisfaction of the jury.
Richard Dalleson sworn—Has been a watchman of St. George's
parish during three years. On the night of the 19th of June,
ottilst on his beat in Broathatreet, he heard a hallooing by some
person, who was singing out like • sailor, yeti, which was repeated.
The noise was made near the house of a Mr. Cooper, whose wife
was ill ar the dote. The witness remonstrated with the gentleman
who made the noise, who said he had a right to sing if he wished.
'there was another gentleman in company with him, who made the
noise. The witness attempted to seize the gentleman who made
the noise, but he ran off towards St yen's Hotel. The witness
said, before he ran off, that if he were • gentleman he would
net make such a noise. The gentleman, whom he had since dis-
covered to be the Earl of liarborough, in running away, cried
out Seweey at the watchman. He sprung his rattle. When
the Earl of Harborough got to Stevens's Hotel. ht rang the
bell. The watchman at this moment laid hold of him. When the
door was opened, the Earl of Harborough sang out for • rescue,
and several gentlemen came to his assistance; amongst others,
the other defendant, Captain Bathe, who took off his coat, and
began to knock the plaintill about, and his Lordship called out
foe the poker. An iron rod was handed to his Lortlthip, and when
he got it he hallooed out, " Now for Waterloo!" rite witness
produced the iron, with which he said he had been beaten by his
Lordship abopt his head and belly. Capt. Bailie assisted in beat-
ing the plsintiff. The scuffle took place in the passage adjoining
use coffee.roorit. Ili* coat was pulled over his head, and he was
dragged towards the stairs, his Lordship singing out, " D—n him,
kill him !" Capt. Bathe was on the second or third step of the
stairs, and struck the witness a blow between the eyes, which nearly
stoniest him. About this time other watchmen came up to, and
assisted In extricating him. His shirt was loin. The gentlemen
forced the other watchmen out of doors. He was near being left
inside, but he got away. Ile kept his bed fur three weeks after.
wards. Has a wife and family, and Dolling to support them but
kis wages.
(►n his evoss-examinatiors be Mr. TYNDAL, he said that the
gentleman wish the Ear; of Llsirborough did not tell him who he
was. nor that his hordsh:p was going to hilt hotel. No person at
the hotel told him who Lord Harborough was. Del not know
but some person might mention his Lordship's name, but did not
know whether it was mentioned. The waiter was present; there
was a woman who came down stairs. A watchman of the name of
Murphy told the witness at the door that he knew the gentle-
r•an, but did not hear Murphy say it was Lord Harborough.
To a question hum • Juror, he said the first time he knew
who bowl Harboyough was, was the neat day, at Marlborough-
street police-otfice. the Magistrates at that office bound the de.
fondants over to the Sessions, but the case was since removed to
dna Court. The expenses of the prosecution are partly borne by
the parish.
The witness underwent another crossexamination by Mr.
WZOItTNAN, on the part of Captain Bailie—Witness does not
know whether Capt. Bathe struck him, or asked him find to let his
Lordship go. Ile tried also to take Captain Bailie. Did not re.
member having said that he would hare his Lordship, dead or
alive, but he was determined to take him, if he could.

Air. Priviall, another watchman, said that on hearing the rattle
be came to the assistance of the first limners, whom he found in a
Katie with a nunaba of gentlemen ; the pnncipal persons who
were attacking him were hued Ilarborough and Captain Bailie;
paktum was so beaten that he could not distinguish him but by
his voice. The watchman would have let the gentlemen go if they
could have got their names and addresses. lie did not see the last
witness strike any person. lie (lid not know whether the house-
keeper meant to give the address; but upon hearing her say some-
ping. mi.(' out r• No, no."
Twoother watchmen and a patrol corroborated the statements of
ths. two first witnesses.

A constable front .Marlborough-•trcet proved having called upon
the waiter of the hotel next day, who refused to go to the office;
but, upon getting a summons he went and gale the name, of the
gemlentftn.
.• Mr. TYNDALE, for the defence, called upon the Jury to sue.
pod their opinion until they heard the 4:lideuce which he should