The British Press; or, Morning Literary Advertiser.
London, England, 1809-08-17 00:00:00

A.!
IRrsft CIRCDIT INTELLIGENCE.
A CNN which produced 111414:11 interest, not only.
amongst the Getitlegien of the Bar,. but in the
comity of Tipperary at large, was tried last Friday
at Cleitusell, betorpthe4tiglit Bon. Lord Noaauav
and a Special Jury.
It was an ejectment on the demise of the Earl
of Drumm& and others, to evict a lease movie by
the late Earl to Thomas Luba, Esq. in the year
1711,4, of the lands of Ccegg, 011 the ground that it
was void, as against the lessors of Plaintiff; the
maker of it (the late Earl) having hen but tenant
for life, with a lensin.,- power for •21 years
under the will of Mr. John Butler, of Kilt:ash, by •
wh'eh the present Lord Ornemile holds what is
called the Kitcash Estate, alid the lease to Mr.
bei.l4 far three lives.
The defence set lip wits, that the title of the
Orinonde fawtly was under a will made by the
same Joliq finder, 10 the year 1754, arid not, as
insisted on by the Plaintiffs, uuder his will made in
the year 1764.
Both three wills appeared in evidelice, and the
only .inference tieteceu them was, that, ht the tint
wilt, the estates were devised to the grandfather of
the preseat Earl for life, with remainder to his
lease in tail male, but with such a leasing power as
would have upheld the demise; and by the tither
will, (afleged fry Plaintiff, Lobe the last will,) al-
though the same limitations were mode of the
estates, vet the testator had Orly given the ilitterent
tenants fur lire a leasing pmver for el years, iii or-
der, as was supposed, to etesipeilsite the remainder-
men fur hi. haviag charged the estates with I egavies,
to the ainnunt of 22400 t. in favour of his heirs-at-
taw; whereas, by the will of 1734, he had not be-
(readied any legacies whatever. The object of
the Defendant was ant to invalidate his landlord's
title, bet to chew that he heldeander the will that
gave the most reitended lealiag power ; and to ac-
complish this, he endeiiroured to prove the incoin-
pettury of the teitator. at the tome of making
the will of 1764. The PI iiiitifFs. on the other
hand, endeavoured, not only to prove his com-
petency, but to chew that the will of 1764 might
to lie considered as the last will; inasmuch ds it
had been proved as such, in a clause in the Court of
Clialicery, wlwre the Uinta of it were decreed to
be carried into execution, and the legacies to be
pid, some years before the date of the lease to Mr.
Lalor. lit consequence of the decree te which the
co-heirs and lenders of the testator were parties,
the Plitintiris Counsel contended, that the °tren-
cant, wieise title accrued after lie outlet he pre-
game' to have had notice of this decree, ought not
to be permitted to question the validity of the will
•f 1764, in us much as the person under whom he
derived, it' now in being, corild not himself impeach
It.
The Defendant's Counsel, of conne, resisted this
position, sud the Learned Judge, after slouch argu-
ment, saved a point upon it.
Various written documents were given in • vidence,
both by the Plaintiff and Delendent, with a view
to the establishment of their respective objects, and
after an investigation of ten hours, the Learned
Judge in the most perspicimusmeinier suininerlop
the enure evidence, explained the nature, bearing,
and operation of the written documents, and told
the Jury that in his opinion the will of 1764 was
ispw incontrovertible.—e They however found a ear-
dirt for the Defendant. ,
We mideritand that another case, in which the
lessee of the Earl of Ormoode was :Plaintiff, and
James Anderson, E.g. Defetithintilawarly siasiLtr
to the foregoing one) was to !have been trierf at
the Assizes of Kilkenny. but 'that Mr. Audenimi,
notwithstanding the verdict in Mr. Laliser
oho lit it prudent to submit.

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FREEDOM OF ELECTION.
A trial took plate at the late Down schizep, be.
fore the lieu. Justice Fox, and • most respectable
Special J ury, winch has excited uncommon interest,
and which has decided a question of the utmost
importance to the freedom of election. It was an
action brought by Henry M.Kittian, an elector
sif Downpatrick, against Thomas Weat, the return-
ing officer of that borough, for rejecting his vote at
the late election.
ft appeared iu evidence, tliet, four days previous
to the election, the Defendant was appointed Se-
nesehal ; that he had been an active partisan of Mr.
Croker, one of the caudidetes, and a determmed
enemy of Mr. Ruthren, the other candidate. That
although from his situation he was totally ignorant
of the law, and unacquainted with decision on elec-
tions, he refused to Ilse oil any account the assist-
ance of Counsel, which was offered to him at the en.
tire expense of Mr. Ruthven. That he held the
election in • small confined place, totally unfit for
the purpose ; and in the progress of the poll, he
rejected a vast number of votes, tendered for Mr.
Riithven, which had been received on former elec-
tions. It further appeared, that a friend of Mr.
Croker sat beside him during the poll, end
marked upon the tally papers the persons to 1 •
rejected, and tho-e to be allowed to vote.
After the evidence had been gone through, the
Learned Judge delivered a charge, which, for
clearness, eloquence, and constitutional doctrine,
has seldom or never been surpassed, and which it
is much regretted was not taken down at length.
lie dwelt particularly on the enormity of the of-
fence: that the question involved the dearest rights
of the peep*: and that if returning officers pre-
seined to arrogete jiitheial right to reject the votes
of electors, there would he an obit of our glorious
constitution. lie however told the jury, that it
was a quest • of fact eolfly for them to decide,
viz. whether the Defendant had acted corremtly or
not ? If they were of that opinion, that they shoed
timid such a verdict as they thought was right, and
would deter others from suet% conduct in future.
If they thought the Defeisd.tet's conduct was other-
wise, they should tied for him. The Juicy retired
for a very short time, and it being understood that
• vast number of similar isctioaswere to be brought,
returned a verdict of 17s. 61 with costs.-.-
Beifout Coat. Clinmiek.)

•••=,

a•-?.wwwwarame.r.--
A vessel laden with g.wwlo tar the Igniters' roost
war on Sfundar ornroed °lrby our or owe cruisers
and WM un.daratooj titat *II private intetentirse
with the npporite ehore.vpuld fur the preview, be
obstructed.
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