The British Press; or, Morning Literary Advertiser.
London, England, 1824-07-05 00:00:00

01.1)11AM v% AT711N.11.1"-nrMEIIAI..

VIC LOU It I .lIA t 1:1.1.,.11 hod, stu.cv the ariniiiTitts of yester-
day, conss.:erril the various point. arising in this case, but he tilt
it isire...ry to refer to mane (unlit r papers hrforr he primouniced
Isis iii,on. '1•1w intimation of his noml at present tertaiiily was
that a new 1641 ought to he granted, but he would not decide the
question until he bad bail halbert:loc for consideration.

COURT OF KINWS S. it Jvt.r 3.

TIIE IC I Ni; r. I um tetstuor PETENNOROUGII.

This was an application ha a pnJtibilinn to restrain the f
nary from proeetilifg 1,11..4 to the Rev. 3lr.
Wetherell, ha the pavitient of arre.i•. of a ntliti.l/11 claimed lii be
due to the Rev. 31r. Pails, ten citrate. The 41w...i0n rai.eil for the
rinsillerstion of the l'.oirt was, whether the Bishop haul power,
without e.sise.a of a re.si,lent chi-0.101111, to rai.e the stipend of his
curate. 31r. Weibull! Ma, II reside:it beiaihetl clergyman, cad
having oec•oilon for thr ass;stat cc of a Eitrive, engaged with 31r.
Peri+ at a 'upend of 111111. per anitnio, The hour geoiletnan ap-
ptivi to the Bishop for a lire cc to r Ike Ina salary, and the Bishop
it 111 I IV. without the ClOlNt'llt of 31r. Wetherell, who re-
', head to pay it; not having been eiteil ne above-mentioned, a rule
nisi tin a prohibition ass grat.teil. The ease was alguwil before
iii Judge. during the Le.t vai•a! un, end now
The I.IIIE r JOT/1711'E delivered the opimnn of the Cam, which
was, that 1:1111e of the .%tisol Pa:liaittent which lairs upon the sob-
pet gave the Bishop poser to increase the impend of a Curate
vriilioat the eimsrot of the I NC,lttlite!lt, when the latter resided on
his benefice, ant! therefore litt rule fur a prohibition was made ab-
solute.

THE LING P. 1:1!RPT, I NT.
In Ililary Tenn, a Nfti for un itoornaviOn was granted
againni the deli•n'lant, f•u alleged con old conduct in Ills Ake of
idea art% of the mutton I'eu•latieW, iti the botilimation of the lani '
Jury, ado% by the entdoni of the manor, were to present the Mayor
of Itor burougli of l'rlrnfrld. Tau; mends were urged for the
toot btu rm, that the deb taboo hod given a lint of the persons to
the (-modal& win. were to nerve on the Jury ; and merited, that he
hell marl, in the fllOl.l will, the Jury, to: Arita arid induetice thew,
bast they were soaking their
('stoic r•aa now .bean itgait.nt the rule by Mr. SCAM LETT, Mr.
11A M. LINT Mr. M F.!1:1 a 1'A1111.1.1, on log g afildat Its, 111 an.
awrr to thane a hich had been tilt .1 ti r the prenAcution.
Mf.114111T:1.1.E, Mr. (•1,1.1' MAN, and Mf.f.AKTEII, Were heard
innotiorf 'lir rule.

The case (whirls was of mere local interest) occupied a amide-
able port ion of time.
The. defendant, Mr. Curry, was awed to be • young gentleman
of respectable 1,1111:VN ilMs- - n man of education, and of honourable
character. Ile hail been appointed in Ilt3 to the oilier of Steward
of the niatvicr of Petersfirld, by Mr. Joliet:, the laird. It was
stated there were two strong political parties in ,he town, each
struggling for pre-entinence ; nose headed by Mr. N. Aitcheson. a
respectable Solicitor, and the mint by the family of tie Jolliffoi.
In paint of property and cumbers, the latter party seemed to be
predominant. 'floe M.yor of the town is, by the custom of die
miner, presented by the Court Lief. Four-fifths of the residents
were stated to be tenants of the .1011dli: 1 ly, and under their in-
flamer, more or less. It was alleged against Mr. Curry, that he
had nominated the partisans of Mr. Juni& to scree on the Lett
Jury on the occasion of the presentation) of 3lr. Moil, the present
Mturue, tool had omission il Mr. Mercy, who had three to four
times before evens tho care of Mayor, to art as foreman of the
Len; and that he reiiiii•tied with tilt Jury whilst they were eon.
sidering of their presentment. There had heels gnu warramit, In-
formations against persons elected to the other of Mayor by the
Lett aummuned, winding to the custom of manor, and these
proceedings had oceisioned a great deal of mutual irritation In the
borough.
111 r. Curry now *televised himself to the specific charges of al.
leged corruption. As to the first, he distinctly swore, that in the
mode of the jury lit had merely scud accordir.g to the
custom of the manor. and the course adopted by Isis predeceations,
without favour of allketlon. amp that he slid not consider himself
bound to select peratiim from either party in the borough. The
person. summoned on the occasion in question might be tenants of
NIL Jollitte, hut he believed they were 'arsons of character, pro.
petty, and indepencletwe ; aid without any political bias in Lrour
of 11r. As to the nouns*: 1111 l of 3lr. Mert•l to be foreman,
hr terstood that it was always the practice to appoint a gentle-
man to act as foreman whin had preciously tilled the office ofl
M•yor. Then, as to the items charge, he seated that he was
not actuated by any improper motive in remaining with the I.eet
lidst they deldwrated 1.111011 then press lit. Ile took nu yam
in their proceedings, but merely remained to give then. his mini.
what assistance, as Steward, in ease it should become necessary.
It was, therefore, insisted that the rule ought to be discharged.
ht sup sot of the rule, it wits urged that Mr. Curry had not
acted aids that impartiality whirls ought to have influenced the
conduct of a public officer. Ile ought to have summoned the
Leo incliKrently frosts both parties in the boa-mush, instead of con-
lining the summons to the inenteduite tetimts of Mr. Jollifte. The
circumstance of summoning all the jurors tnnu a patty known to
be in Ow interest of 51r. JoilElle, was a strong reason fur imputing
an improper motive. Tin;:, as to the citation stated of appointing
as a IM rllOll who had served the ether of Mayor, it ICU 'I
highly improper; it was known io have excited *rely strung feeling
111 the bonntgh ; and hail in tart Veen censured .by this Court.
Nothing could justify the defer:do:Ws conduct, but a systimatie
violation of the law by his predecessors ; but this was a ground of
clefeime whirls the l'ocirt would nut sanction. Conceding that the
defendant was personally w most respectable man, and that nothing
could be alleged to he t lane its a moral point of view, yet as
lie hail acted eutruptly in the eye of the law, this rule ought to be
made alssolute.

The noun a •ul. that as the affidavit. were of great length, and as
the subject tell ,:owreed toe atteto mu of the (;uurt, they would
not gm judgment for the pretreat.

1111-: ElNti stria- to r row ELL.
Thin wait an application for a r.eti tr.al. The defendant had been
found guilty upon !111 ilithethlellt for perjury, a !licit au alleged to
hove been committed in 1111 311mver to a bill filed against Nexus.
Powell ahil , 41.11 the subject of the sale of some
Spa• alt wool iu that city, in which the Min of Junes, Wellington.
tend dealers in wool, hunt a conjoint interval. The present
object *is in set aside the venliet, 011 the ground that further evi-
dence ass co.v ready tit he reduced ott the part of the defendant,
whirl' would .tbrime the impression created upom the trial.
The lomt ('hint Justice 11411 engaged until Once o'clock in read-
ing the notes of the trial.

it how affidavit, filed this day, we.' then put in, and read on the
part at the defendant, iii which both hitii‘cli, his partner, aril two
deck', tiepin,. cntriot whirls they tune since divrovered in
their blinks, that there was no ground for the conclusion drawn
upon the trial, and that they can remove till tttt , if allowed,
on a new trial, to adduce the treat' evident.: which they have nine':

_
51 r. St' Alt I.l:Tr submitted, that un a motion fur • naw trial, the
•flidavot of the dcretadaill °algid, accordant 10 the rodent Coml. to
Ire Moll ultimo the loom first da.ys tot* 1 ern). This affidavit was
dated this day. any if, under such etreuttostanees, it could be te-
emed, the rule tot 4 'noon would be rendered nugatory.
I.IIC 'ls !a; t-rt: At RAI. that the lltaatponctlient took
plase by all arrangement made at the beginning of Tomo, and if
the idlo.lavit was not to br deloyertsl over to the opposite side,
tiortnr the first four days of Tenn, there was nos reason why it
should at the present none, and therefore no disadvantage scented
to the prosecutor Irmo the fact tot the affidavit being only this day
pWt,lll.

The Lo et I) lEE J ersT ler said, that, as the defendant might
have supposed, owing it. •4.1111 C lenity in the application of the rule
lai Pours, that he was entitled to put in the affidavit, when the
motion tor it new tnsl was mule the safer course would he, on the
present OfT4SIOn. to allow it to be read, taking care however dust a
positive risk should in future he laid down, to obviate a recurrence
of so inconvenient • pennisaton au was Mr the present allowed to
this di foolatit.

The affidavit being received, the ATTOIINEV-lIETIETIAL, for
the defendant, sub d, that this charge resolved itself into twit
branches; first, respecting the 101 hags of wool, in which the de.
fendants and the house of Jones, Wellington, and l'o., went. con-
joint owners. Now, lie would slims there was no gniimil he sup-
posing that the defendants had made a sham sale, tor the purpose
of putting the goods to their own account at a particular vainatitoi,
and that the evidence was 1110/1111/ICle ; and secondly, that its to the
MI fount ll ill g bags of wool, there ought to be a new trial. It
would he recollected, that the wool hostile's, in which the deiced_
ant sr.* enitliguil, win wilely conducted by Epsworth, the broker,
and the late Robert Mitchell; die Powell, being bankers and dry-
salters, and Mitchell undertaking, tor the concern, to carry on the
wool branch of business, in a separate countirg-house. When
Powell 'mule the affidavit which was the ground of the pniamition,
he deposed to the best or his belief ution the statement us the hooks
mode by 3litchell :he could of 1 self have known nothing about
oboe partscul3r trattractio.i.

It tning near gnu; o'clock, the Court postponed the further argu-
ment of the Aitorney-theieral in this cause.

.7111: CllA•Ttltor 1.1.1175110117711.

A rule Ni.i hail been obtained, calling upon the 11layne and f or-
pra:i ~, to skew anise why thee should not 'move
live Aldermen or that borough, on the ground of nomattendance,
or nomrestilence.

Mr. Si' in I. LT T, in oi.posing this rule. said. that Mr. Merry-
weal her had on a 1111111 et kATSI7, applied liira Ott/I/41011111le to the
Mayor a1..1 Capor.ttion ul l'ortswenth. to ACM (*SUN why they

should not remove Thomas Mensal. John Carter, rand three others
(who were named), from cuntinuhig in the *dice of Aldermen of
Portsmouth. The application of his /teamed Eritrea had been re-
fused at the time, but, as he subsegnetaly cited as a l tece.lent the
case of •• The King sod the Corporation of Truro," the Court
Faintedg a rule Nita, which rob he PI r. Scat lett) now opitored,_
lk, rule spot,' for was upon WOllllll4 portly imaginary, cad
which had nu analogy to the 'lron' case: for there local residence
was essential, and preseriticil by the eltait:r, to totality any fief soil
fur holding corpotste office : how, there wan to such 0,0,15100 in
the Charter of l'ortsitiomi.• -the Corporation cotisi.,kd of twelve
Aldermen, Ave of whom at re comm.t.tly emit% nigistrates on the
pre; there was, do rehire, hit g:.0.h.1a .41:alur •fr fiir removing the
A Memo ii minted iu the role, in tons, iitientv
of oau-re,.,dtnce.—
Ile conteritted, therefore, that the rule moat be sliseltarg.:d.
Mr. Alias' followed on CIL. %tame pith., anti urged that as in this
'orporation the removal of an Ali:4,lolW, trout the Itorl,ligh dill out
iparp Jest to what his other, there Mehl he g .d to: the inter-
iatiM um of the Court in :hie rtih,thary te,te r.
. .

I.BNhiSt. rdopud a %Maim !me i.t argument oil the sand!
side.

The ATTon a 1:v-firs rune., in reply, rinteinkil that it was
laid down as law in a great twiety 01 cuo,, that from ti, nature of
the Motes fit A Itlcrria-n, Ifllieliee ans ell qtly - fur the in-
'mom ct which principl- he rtfei red t.l the case.: Leal., iu which
Lard Holt hail Liii dtmo !hat doeirese--the smite II Mr.
Junin..., A •lilitirt, and ff.lk,..;olehily by laird Jluu,litld (Mr.
Erskine contradicted the notion- yet lint Id, anal woo:rod,
that on the permed:a lillft.,lll/1. the King r. v, his Lord. •
nhip had been intnled by a itatentet.t to I toti.,l). '1 he Attorney-I
tienend ii.sinted, that to a v.ititly of case, a0..1..g0us to tit: preNcat
rules had hewn luadc attmitite. Ir the pit tont ca,e, Ileac were I
twelve Aldermen lit line ',omega, who -at.re Irian Mediates
of Mete .dire, In be reside iit where y were If was,
he tepented, hail at common law, ma: a min vial from the lipid
virtually darancliinett dm Alt:II:1m1.. All that sal required on
thin IM:1;411ki1111 war, that a ride should be inalie to ensemble the I
Mayor eta'. I 'orporation of the borough, merely to eiihnider whether
alone iteneeta wtio are nomrenitleotn .nti;11; to Le continued in online.
This application wait tam& to behalf of sollit. Of' the inhabitants of
plate, who hoped tie rule would be iinale-
Mr. AZ El Er waa heard at the nano, aide with the Attorney.
General, and urged the great Milo:lance in u town a litre the pit.
iodation Intl increased no II salt :v. in of the residence
ol all the Magistrate. ; in • inn:: of war, the evil of nun-rent.
demerit a peteot butcher id . I te;:isLrates 111Ullt Le mita: apparent,
and went preveut the powribUsly ut she iidialmanta having a proptr
el toe 11w del:Viva at &it (:,,rr,rec Officer".
Mr MEN ItYWEATIIIiII feth.ared at the name side. It was said
by Cimino l employed against the rnle in • salve quesit entiver,it ion,
that the Mrigistratra complained eat were tit tpiclitly in the habit of
attending at Pi.rtamouth, and, therefore, might rut to he
tiered nun-restdenta ; slide °mire other timid it was said, that they
never attended but on the least day fin electicg the !Ilw:or.
The Lotto Cut Et• J al' ILE, hi delivering the opinion of the
Court, that the tole might not to be made absolute. said, that up-
plicattoto of thin kind had been rather of u r:eent date, and
were grounded upon the Corporation lirdin. theneal ten injured
by • particular non-re•ailenoe. It. lumen", the Court yielded
100 easily to such they might h..re them repeated
possibly front every Corp:ration of the kingdom. Tit:, Court
ought first to see whether a serious incuriventenre wan felt from
the tumid:oat alluded to. The notna%-nitletace of some Alder_
men rather cant a burden Intim thin, who were reMleta, than
on the public at large Now in thin ease the rhatlent
men did not come torwarel with sty such complaint; se-A there--
fine the Court discharged this rule, to a•mid encouraging unneces-
sary litigation.
Ihta.uiVl/ concurred in the opinion pronotinezd by
the Lord Chief Jua:ice, and fur the name re:onin ; and further
reniarked, that it would have been mine dilferent, if mischief
were i.roved to have actually •ris:•u to the franchises or justice eat
the Corporation, trout the noc-runidence of partieulor Aldermen.
yule discharged, but hot with comm.

COURT OF COMMON PLEAS, Skrummy, Jcuv 3.