The British Press; or, Morning Literary Advertiser.
London, England, 1821-12-18 00:00:00

•
LORD BYRON.—This Member of the corps of
Royal and Noble Authors, has recently written his
" own Life," which he has presented, as a mark
of his friendship and esteem, to the first Lyric
Poet of the age. Mr. MURR/SY has purchased the
•MS. for two thousand guinea*.
The Duke of WatAturredu arrived unexpect-
edly on Saturday afternoon, at three o'clock, at
Apolev nouse, from Strattleldsay. The Mar-
quis WELLUILIT, accompanied by two Gentlemen,
left town soon after, in his carriage and four, for
Ireland, where be is expected to arrive on Tuesday
morning.
We learn that the executors of the late Duke of
BUCCLRUCH and QUEENSBERRY have reduced the
rents of the farms in the neighbourhood of Dal-
keith, for the year 180, 0 per cent.

The Parliamentary Commission which lately sat
in Dublin, we understand, means to recommend that
the Union shall be carried ioto complete effect by
the removal of the commercial restrictions between
the tao countries now iu force, and equalizing the
duties. We also understand that it considers the
present machinery oft he public offices in Ireland on
a scale much too large, and disproportioned to the
revenue, and means to recommend • great reduc-
tion iu the number of clerks, the amount of salaries,
and other means of economy and retrenchment.
Such is the unexampled mildness of the season,
that primroses and violets in full bloom are now
called about the streets of London.

At a numerous and respectable meeting of Agri-
culturists, held at Warwick, on Monday last, it was
agreed that a Petition, signed by all who wish to
'auction the measure, should be presented to Par-
liament in the ensuing Session, praying that pro-
tecting ditties may be laid upon all productions of
the soil imported into this kingdom from foreign
co 'niftier.

Three boxing matches will tike place this day
on Moulsey Hurst, viz. between Sampson and
Abbot ; Kendrick. the black, and Acton ; end
Brown um! Leaney.

RANDALL AND MARTIN.—The friends of Martin
have agreed to Ranciall'a propotntion, to fight Ran-
dall fur 300/. aside. and bet 1,0001. even.

The advantages of a visit to CARROLL'S Offices,
Ni'. 19, Corohill, and 26, Oxford-street, were suffi-
ciently exemplified in the present Lottery on the Second
Day of Drawing, when No. 11.486, a Money Prise of
30,00 iii. Sterling, was Sold by him in Shares. It is to he
hoped that this great success will be followed op by an-
other 30,0001. on the 20th inst. when the Lottery will finally
close.
During part of last week the parish of Whltechapel was
agitated by a most furious contest for the situation of Sexton.
Utica the candidates was, it arrears, the parish tax gatherer
and had, in the course' of his canvass, held out such pro-
mises, and *mostly exercised his besievoleoce to such an ex-
tent amongst them, that his success was for aurae time run.
sidered as beyond the probability of being questioned. We
understasd, however, that the butchers of Whitechapel,
who have never relished: the character of a tax-gatherer,
threw their weight into the stale against him, and brought
the poll on the day before the last to a state which caused
great agitation •mosigit the tax-gatherer's friend.. The
other candidate, who had the strong recomeneodation of a
large family and limited swarm, was of course the favourite
of the majority. The contest was actually etindacierl
throughout with as much spirit as is usually seen at election
erigagemeats of the moat alarmists* kind. Coaches full of
voters Wm driving from all directions up to the church,
band hills pat is circulation, and speeches made, Matfett the
qualilleationt of the candidates, and calling upon the in-
habitants to come- forward mid prove their todepewance.
The tax.golseree expected • great majority, but was left in
a sorority of 8 the numbers at the close being—fur his
rival 6.19--for Mussel( 631. It is said that a great number
or these who wets Nader great o bliptions to his prufessiousal
senileiweas, setaalty toted fue his aatagotriat, the cleetiou
bring by ballot. •

'I .. WR>r th *Rota* 6AR
.S. 704.11111.4.
The LeetteSCN anent Lox oheerveef,,lloMahis esee
canle'before him owe motion on the part ofthe De-
fertfaitit, 'that he might be at liberty to file a sup-
plemental answer to contradict an assertion in his
original answer. where he denied having •seen the
herediterneets and premises named in the Plaintiff's
bill'hefitire he agreed to. purchase them that he
since recollected he went to see the premises with
Mr. Slade; that they saw a person there who in-
formed them lhat he emit(' not allow them to ex-
aminethe mherfiwithout an order foe that-purpose
fetitts the Plaintiff, hut that they might look at the
g'resiary and the warehouse; and that he, the De-
fterlaut. and Mr. Slade were not more than half an
hour on the premises. This was the explatiation
which the Defendant wished to give in a supple-
mental answer: The bill set forth that the Plain-
tiff agreed to sell to the Defendant a freehold suf.
femme wharf, with all the granaries. buildings, &c.
ow it 4 in the parish of Rutherbithe, for 65,0001
30,000!. of the purchase money to he secured by a.
mortgage on the premises, 20,000/. to he secured
de• the bond of the Defendant, joined with .a
friend, payable with interest on the death of
the Defendant's father, Thomas Fox, and that
the Defendant was to inoure his life against that of
hie father, and the remainder 15,000/. to be se-
cured by the bond of the Defendant, payable at
the death of his father, also to be secured on his
life interest in remainder to the estates in Yorkshire.
The Plaintiff in hie bill stated, that he was always
ready to perform his part of the agreement ; but
when be applied to the Defendant to complete his
part. he refused; the Plaintiff. therefore, prayed
for a specific performance of the agreement. The
Defendant. in his answer, which was put in in the
mouth of September. 1831, admitted that be was
entitled to a life interest in remainder to the estates
in Yorkshire, and a tent charge on estates in Eng-
hold of 9,000/. at the time he entered into the
agreement with the Plaintiff, hut the latter was
encumbered by annuities. That in Attgust, 1820,
the Defendant was in cant of a sum of money,
and he advised with a person of the name of Slade
about rsisipg it, and he recommended him to pur-
chase real estates, and give post obit bonds for them
on the death of his father, and when he gut iutn
pamesision of them to sell or mortgage them for
'dead, money ; and that Slade introduced him to the
Plaintiff, and he agreed to become the purchaser of
the premises as stated io the bill; that he never saw
the premises before the agreement, nor were they ever
surveyed or valued on hie behalf. It might be use-
ful for him (the Lord Chancellor) to observe here,
that the Defendant, by what lie wished to correct
by his supplementary answer, was only as to his
having seen the premises, which, by his original
answer, he had denied; but it did not go to explain
whether they had ever been surveyed on his Fart.
It appeared also from the original answer that Mr.
Slade was to receive a commission for his agency.
and that the Defendant, at the time of entering
into the agreement, was 27 years of age. The
answer went further to state. that the consideration
agreed io be given by the Defendant for the pre-
mises was oboe, their value, soil that the Plaintiff
had sold them in the year 1818 to another person,
for 32,000/. The Defendant, therefore, refused to
complete the agreement because it was an unfair
one, as advantage had been taken of his pecuniary
embarrassments at the time, for which reasons he
ought not to be compelled to a specific performance
of the agreement ; but if the Court was of • different
opinion, he contended the Plaintiff could not make
out a good title to the estate. The affidavit of the
Defendant in support of this application stated that
he was under pecuniary difficulties when he entered
lute the agreement with the Plaintiff, and was
obliged to raise money by any means; he was
accosted by Slade in the street, and informed by
him of the Plaintiff wanting to dispose of the
estate. In December, 1820, he signed an agree-
ment for the putchsse for the mere purpose of
raising money—his father died in April 1821, end
from the time of his signing it until he put in his
answer, he had not been in London fur • greater
length of time than three weeks ; when he put in
'his sewer, the conviction on les mind was that he
had not seen the premises and liereditamente, and
that arose from his not having seen other premises
that he *greed to purchase from a person of the
name of Creeck, stud until he received the letter
of Slade, he was perfectly ignorant that lie had
teen the premises of the Plaintiff. This letter, in
the opinion of Isis Lordship, was of great importance
fur which reason lie would reed it.
" Kirkham*, Hotel, Lower Brook-street,
November 8, 1821.
" My Dear Sir—l have this morning received a letter
from Mr. Burt, enclosing the copy of your mower to his
bill, which Wag on oath, has given me the greatest uaessi-
mess on your account. I think it is so important to your
merest and character, that I have enclosed a copy of Mr.
Bart's letter, and shall wait your answer before 1 reply to
It. There are two circumstances to which I wish most par.
sieulariy to call your attention. You must recollect going
with me iS your own boat to the wharf to inspect the pre.
misty, and afterwards making a second appointment to meet
Mr. Bert there; but you went to the kiss's levee, and 1
wept, by your directive, to meet Mr. Burt, and reported the
condition of the premises. The people at the wharf saw
you, mid you bad a conversation with the foreman about
the wharf, who will be brought forward to prove this fact.
You base put yourself in a situation to be iudicted fur per.
joie: I esteem but consider your conduct to me as most ea.
generous, ati you attack the whole blame to 11/C, being well
aware that I had so other motive than your best interest,
sod to forward your borrowing money to great adraatage.
I caw only *ay this is the best sr.usaetion of my life that
bare been accused of fraudond I shall take serge pains
to refute thin charge in the most public manuer. You also
recollect the ether fact sworn to, that you not only coo-
caked your (nerd Lord Lowther, but also Mr. Arbuthnot,
and applied to them respeetiog the bonding of deals, as
your several letters will prove. It is to be lamented
diet l was sot consulted and the answer shown tome before
it was swore to, as you have given Mr. Burt a decided ad-
vantage over you. My advice is 0.,w, as it has always bee%
thin it is better to fol6l your contract *a as honourable can
than be compelled after an appeal to the Court of Chancery. •
If Mo, Bud outset make good his stile, be comma make you
complete yule purchase. Os this point will . rest the whole
,o(alse cause. If Mr. Bort eau prove his tide, iu my opinion
the Court of Chancery will Nei relieve yew—Yours, &c.
• " THOMAS S LA D E.
a To Gauge Lase Fox, Faq. M.P." •
The LORDCHANOLLLOII, in continuation, ob.

rteesee, ..thatitis ketaet:ury itpipsar4tbe 44.
tlit-sif the Plassitar,"iii isiittOpi., ' i.e., •
-Tr ~
iis ployed Sladelittiimpilq,4*giteoc . '
h‘m 4
flaw af• Matins liigt:jiphair ' ' .
' him, the Plairdift, iruitlimeriftyikint to p -
chase the estate wee • Meta bir Frorliatnent, and '
• friend of Lord Lowther, who was one of the
Commissiotiers of tie Treasury t tat he ~shed
to purchase the premises, as by she interest • of the
Noble Lord he could get part of the abed: allotted
for bonding deals.' The'PlaintifT had a meeti'.g
• with the Defendant and Slede, and he sent an als.
street of his title to the Defendant. He afterwardi
received a letter from *him from Yorkshire, that
even the interest• of Lord Lowther. could not get
him the license for bonding the deals on the wharf;
and afterwards a second letter from him, requesting
that he would send him a copy of his marriage
settlement, as lie wanted .it for a particula?
purpose, after which lie would return it; the
Plaintiff accordingly sent it to him, and al-
though it had beeii applied for it never was re-
turned by the Defendant. Ile (tins Lordship) had
nothing to do fur the purpose of the present appli-
cation with the merits of the caw, es to shelter the
Court would hereafter decree a specific performance
of the contract or not, as the mere question before
.hitti was, whether the Defendant was entitled to
pp; ;Oa supplementel answer to correct his swear-
hag that he had not seen the premises. Suppose it
bad been an li:linty of smother nature in a Court
' below, and what the Defendant had last sworn was
true, could a Judge tell a Jury he had seen the
premises in the way that a prima about to pur-
chase ought to see them ? Suppose he (his Lord-
, ship) was about buying a house iu any of the
squares, and he was allowed only to go into
the hall and parlours of the I e, could it be
said that lie had such a view of the home as a
purchaser was eutideil to? It depended entirely
on the discretion of the Court, whether it would
allow a supplemental answer to be put in or riot,
and that discretion ought to be most carefully wed.
It was settled by the Court that .the correction
could not be made by an amended answer. The
mere putting iis of • supplemental answer would
not do array with the spe.jury in the original answer,
as an indictment would lay. It was of the last im-
portance to the civil interests amen that when they
did swear, they should consider it a pledge to
their God that they were speaking the truth and
where they did not, they ought to be made to ad-
dress themselves to the important subject. He
would not, therefore, grunt the applicator'', without
it ars, clearly moved what had been originally
sworn by the Defendant was through mistake.—
The affidavit in support of the motion did not state
positively that the Defendant, when he swore to his
original answer, did-not recollect that lie had oven
the premises. He was of opinion, that the Do•
fetichist could not have applied what was on his
mind. as to his purchase from Creed:, to that of
the Plaintiff—for. by his own sliewiug, lie had not
seen the premises of Creeck. It was necessary.
therefore, that he should have further information
on the subject. before he granted leave for potting
in • supplemental answer ; the ground of what was
passing in the Defendant's mind, when be put in
his original mister', must be quite clear before
.him, before lie granted the application. He would
leave it open to the Defendant to give the Court
further information on the subject.
Mr. SHADWELT., Counsel for the Defendant,
said, he was informed that his client war danger-
°wily ill, confined to his bed with an inflammation
in his breast, in Yorkshire; it would be therefore
necessary that he should have time to give the in-
formation required by the Court.
The Loan CHANC,IiLLOIR.'.." You may take
until the first Seal before next Term."

COURT OF KING'S BENCH, WmxtmsTr',
MONDAY, DZCINBIII 17.

•••••.•

I De ,-. eke LORD CHM, James and a Special Jary.
THE KING S. DUNN.
The ATTORN EY.GIN ERA t. stated, that this was
a criminal itiformation spinet the Defendant for
wilful and corrupt perjury. Sir Walter Stirling
having petitioited against the return of Mr. Evelyn
■nd Mr. Graham, who were elected for the borough
of St. Ives, ►he Defendant was examined before a
Select Committee of the House of Commons, on
which occasion l►e swore that Mr. Halle, so agent
of the successful Caudidates, had paid to the as-
sembled Electors that " no time war to be los'.
and unless they gave their voles soon they
would get nothing for them." He also swore
that et a dinner daring the Election, at Mr.
Ilalse's house, at which the two Candidates, the
Defendant, and some other persona were present,
an application was made by some of the voters for
beer tickets, which were accordingly given them ;
and that Mr. Graham said he understood the
polling money at Hull, before voting at all, was
about 4001. or 5001. and the Hull election had cost
6,000/. or 8,000/. and he supposed that St. Ives
would cost 4,000!. Mr. Evelyn also said ►hat they
bad made their arrangements with Mr. Hale to
pay all neeetuury expenses, and du what was
usual on such occasions.
The election writ, copy of return, and Sir Walter
Stirling's petition, were put iii and read.
Mr. R►CHARDSON read his short-hand not a
of the evidence Riven by the Defendant before the
Election Committee. A great number of witHeises
were then examined. Mr. Graham, Mr. and Mrs.
Halite, and the other persons who were at the din-
ner, were examined ; but they positively denied the
circumstances s:uted by the Defendant before the
Committee.
At five o'clock the csse for the prosecuti. n closed.
Mr. HARRISON then addressed the Ju►y for the
Defendant, whom I e stated to be a gentlemaii who
had served in South America, and had been induced
to go down to canvass the borough on account of
his friend Cutout! Mead ; but that tleilt 'eosins after-
wards declining to stand, he had transferred the
interest lie had made in the bGrorigh to Mr. Evelyn
and Mr. Graham. Ile was afterwards an unw►lling
witness against them before the Election Committee
ots..Sir Welter Sierling's Petition, ■nd was obliged
to state the facts which had come to his knowledge.
Those facts he (Mr. Harrison) should be able to
euhstawtiate. by above twenty witnesses.
The Learned Gentlemen at seven o'clock com-
menced calling his ailments.
Several wituesses were tl►eu examined, who Tole