The British Press; or, Morning Literary Advertiser.
London, England, 1826-04-05 00:00:00

THE BRITISH PRESS.

proposition wlttinut a division. It was then agrectl that a depots-
tion should wait upon Mr. Trueman, to beg that I^ would accept
the ntiire. This was done, and that remlen•an declined doing so.
The defendant afterwards proposed a vote of censure against the
plaintiff', which mniion not being seconded, hr requested those per-
-603A who ,reed with him to put up their binds, when, out of thir-
ty.scven burgesses preaent, not mote than eight or nine (Including
the ciiiiirman; held up their hands; he nesnicheleas declared it to
be carried. In a few days afterwards, the hillirwing advertisement
appeared in the Doncaster Gazette, Leeds Mercu, y, and Leeds In.
_ _

"-Ata meeting of the burgesses of the borough of Pontefract,
held in the Rotation office rot Thantlay evening Wee. 8, 1825,)
present 37 burgesses, Fleatriff (Autism, Esq. in the Chair;
•• iteutlved—That Mr. Trueman be respectfully requested to ac-
cept the office of Mayor for the remainder of the present year, and
that Slr. Itideal, Slr. Walton, and Mr. Clough be appointed a de-
putation to communicate this reques to Mr. fruemsn, and report
Iris answer to the meet it not being the desire of the meeting to
re-elect Mr. Trneman. contrary to hi. wish."
" The deputation having waited upon Mr. Trueman, reported to
the meeting that Mr. Traeman received them very graciously, and
exprossed his sense of the honour intended him, but begged to be
excused serving the office.
~Resolved—That the thanks of the meeting be given to Edward
Trocinan. Esq. for his pant services.
" Resolved unanimously, That the conduct of Sir. Smithson,
in respect to his election to he Mayorrihy of the borough of Ponte-
fract has been extremely exceptionable, and that he has amply
excited the censure of hts fellow townsmen.

(Signed) " ILEATOrr LEATITAK, Chairman.
" Mr. Leatham having left the Chair, a rote of thanks was passed
unanimously to him foe his attention to the business of the
meeting."
In the 17th of January the plaintiff' *rote the following letter to
the defendant :

"Pontefract, Jan. 17, 11126.
" Si 11,—Having now satisfied myself that the resolution respect-
ing my conduct, and published by you In several of the provincial
papers, as having been passed at a meeting held at the Town Hall,
in tips place, on the Gfn oflecembsitlastorits unauthorized by the
'meeting, and that the name is false and libellous, I beg to inform
you that unless you retract the libel in as public manner as you
have published it, I shall have recourse to legal measures to wadi.
cate iny character.

" I am, Sir, your obedient aervant,
" JOSIAH SMITRSON.
" To Mr. Fleatoit Leath am."

The Learned Gentleman, after an elaborate address to the Jury,
said it was a case that called for heavy damages, and proceeded to
call his witnesses.

James Coleman examined by Mr. TINDAL—Is the Town Clerk
of the borough of Pontefract. The plaintiff was a resident in the
borough ; he was elected to the office of Mayer at one time.
By the JUDGE—On the 14th of September, 182:i, there had
been a mandamus moved fur in the Court of King's Benzli, and re-
fused—there was a second application, wile.) it was granted, it was
respecting our election; remembers a mee.ing before it was applied
for; it was the night befiwe ;—it was before the bilrh-saes;—he did
not attend himself: he is known as the agent for Mr. Houlibiworth ;
cant say if he is a friend of Mr. Leathern ; he don't know on whose
side he was (a laugh;) don't think it was wise to publish it in
the different papers.
Cross.cxamined by Mr. BROUGHAM—IIe was not there; he
had nothing to do with the election of Mayor. Mr. Leatham is a
burgesa of Pontefract ; lie is not a banker there.
By the JUDGE—He was a banker at Leeds; don't know that he
was at Pontefract. Mr. Smithson was the senior Alderman ; it was
his turn to be Mayor in rotation. The senior Alderman takes the
office of Mayor. He has not heard that lie canvassed against him-
self. (A laugh.) He was duly elected Mayor. He never objected
to be an Alderman. He was elected an Alderman. It is customary
to have a procession to wait upon the Mayor. Ile did not accom.
puny it. lie believes Mr. Smithson was not at home. He is pretty
clesr that he understood that lie was elected. He believes that he
WS at Durham. The election was un the 14th of September. He
saw him a few days before and a few days after; on the following
Saturday. There is a Court Baron held every three weeks. It
cannot be held without the Mayor. The Mayor was to enter into
his office on Michaelmas day (TM September.)
Mr. SCAttI.F.TT objected to the question, and said he would
prove that no such resolution passed.
Mr. Ham:GUAM—They had the means of holding the Court.
Mr.ScAttit:r.e.—lt is not justified upon the record. Why did
they not put it on?
JuDGE—Then it would have been a justification.
Examination resumed—The Mayor was chosen on the 9th of
December.

By 31r. SCAlll.l:TT—Witness was Town-clerk in 1017. Is ac..
quaintest with the borough. There was never an instance of the
kind before.

Mr. llooromor—There was Store's Can.
By the JuDG c —Can't say if Smithson had received the sacra-
meta ; he must, by the Test Act, receive it before he can become
aa Alderman.

111 r. Ca it LET —Twelve months teforei it was, well know* that
he was not at home when he (witless) Ant to her house.
Mr. SHEARDOUN examined by Mt. Mu,: E It—ls the editor of
the Doncaster Gazette [produces a letterl. He can't swear to Mr.
Leatham's hand-writing ; it was rmpecung an advertisement he
received it.

Mr. BROUGHAM-1 will admit the latter fact.
Letter read. (See the opening address.)
Matthew Fabbot examined by ailr. lilt r.NEZ—Is in the Leeds
Mercury office. (Ile produces a letter respecting an aclvenisement
inserted in that paper of the 13th December, 1825—read.)
Thomas Wray examined—He is in the Leeds Intelligences
office. (11e produces a letter respecting an advertisement, dated
13th December, 18:15—read.)
Wm. Stafford examined—He is the editor of the Yorkshire Ga.
retie. (Ile produces a letter of the 14th December, 182.1, rupee.
ting an advertisement.)
All these letters were signed in the defendant's hand-writing.
James Holme, examined by Mr. SCARLETT—Is a burgess of
Pontefract. Had notice to attend a meeting for the election of a
Mayor on the Bth, at the request of the burgesses. It was sent the
night before the meeting. There were 37 burgesses psesent. Mr.
Leatham was there. He was called to the Chair. A mandamus
was mentioned. He moved a resolution. Don't know that
any person put it in his hands. Can't say if it was seconded.
It was put to the vote. Can't say how ninny hands were
held up. Himself and some others started oft There was a
confusion. Mr. Pell objected to the resolution but Mr. Leathum
said that it was carried. Gen said it was not, and witness and
others left the room. He left before a show of hands took place.
The opposition was not put. 31r. Leatham said it had. There
Wet no majority.

Cr,.ss-csarained by Mr. ALDgasom—They were discussing the
subject when he went away. lie heard the resolution was put after
he had left the room.

Re.examined by Mr. SCARLETT—Can't say how many bur.
gesses there are, nor if any of Mr. Lestham's tenants were there.
Can't say how many left the room.
By the JUDGE—Should think more than two or three. Knows
of three besides himself. Thinks sonic outer quitted. Can't say
how many.
By the Jun6E—Some might have gone nut before. Can't say
he received a notice that any such resolution was to be passed.
Coleman recalled by the JUDGE—Belilves there are 50 bur.
gesscs. Mr. Leathern had taken up his freedom in December
1825 Before the 3d of December he had not his fealty. Gill has
not taken up his.
James Robinson examined by Mr. TINDAL-1s a 'bums% of
the borough of Pontefract. Was present at the meeting on Times.
day the Nth day of December. It was late. They had begun.
Mr Leatham was blaming Mr. Smithson for not accepting the office
Of mayor.
His Lordship objected.
Mr. TinnaL—But the quo animo.
Examination con tin ued.—Recollects something about a resolution
by Mr. Leatham. It is the same that he has heard read. Can't
say how it was decided. It was pux tb the vote. Saw five or six
hands held up. Me. Leathern said it was carried. Mr. Gill said
it was not. ile came awry. Can't say how many came away.
Five or six with him.

Cross-examined by Mr. Imutirtest—lle heard a dispute about
Mr. Leatham. lie voted for Mr. Ilouldsworth. (A laugh.)

13y the JUDGE—There wu no notice of such a resolution when
he was summoned. Witness did not vote for the resolution.
There were mare hands down than up. The resolutions were re.
gularly put. Mr. Gill was not here. lie was taken ill, and could
not travel. AIL Clough is here.
This was the case for the plaintiff.

Mr. BROUGUAM then rose to address the Jury, and said
that the resolutions which they had heard read over so often
were any thing but a libel or a malicious production, end he
should marvel extremely if the Jury found it to be either. The
burgesses had an undoubted right to meet for the welfare of
the borough, and if they found that Mr. Smitheon's conduct
deserved censure, it writ their duty to vote such resolutions as
they thought proper. It had been proved that Mr. Smithson
was the senior alderman, and the next in rotation for the
mayoralty, and lie ought to have accepted the office of mayor,
and not gone canvassing against himself. It was a flimsy pre.
text to say that he was nut qualified—ha was the senior of the
two new Aldermen. The resolutions were couched in as tempe.
rate words as the whole body of the English language could
furni:ll. But Mr. Smithson could not serve the office of mayor,
or be must forego his attachment to Mr. Houldsworth. He was
attached to Mr. flouldswortli as an agent to a principal—as an
attorney to a client—as an elector to the elected—in a word, he was
his friend for certain monies to be to him paid, to wit, the sum of
500/. (Laughter.) These were the endearing 500 links which
bound him so closely to Mr. Houldsworth. See the awful predi-
cament in which he was placed, if, by saving the furred gown, the
cap, the bells (grant laughter)—Oh„ no, not the beis—the sword.
the mare, and all the insignia of that high office, he must forego
these five hundred attachments. (Great laughter./ The rude I
hand of party spleen would break his tender heart, by tearing
from him what vr-ss so closely entwined around it—stlsette 500 links,
or he must fenny for another year the furred gown, cap, dm
(Repeated laughter.) His Learned Friend had Stated that Mr.
Smithson had canvassed against himself, and the result of his re-
fusing to eccept the office of Mayor was, that the borough was
without a Mayor from the 29th of September to the 14th of Jan.,
by moon of which no Court Baron could be held, nor could the
prisoners for the borough be trod without being sent to Sheffield.
The Learned Gentleman concluded a speech replete with wit and
humour, by calling on the Jury to give very temperate damages.
His LORIMIIP, io hie charge to the Jury, said that it was

quite clear that the plaintiff was entitled to thefir verdict. The
question for their consideration was that of damage..
The Jury found their verdict for the plaintiff--Damages 201.
COMM 40e.
This case excited great interest. The Court was extremely
crowded.
To-morrow two Special Jury ruses are appointed.

TUE LATE M. FAULK NEll.—On Saturday evening a Jury
eat on tbe body of :his unfortunate gentlem.in, and brought in a
verdict of '• Insanity."

• •
IMPERIAL PLATA' ULA.V.I COMPANY.
Yesterday. a meeting of the StairehnHers of this Company was
held at the City of London 'revert), Rishopsgate-street.
A few minutes after •ine o'clock, Colonel Lag costaXii,one of the
Directory. entered the room. and took' the Chair.
Mr. J. Wlt.us, the Solicitor of the Company, then rose, and
said, that this meeting was convened by public &uremia: nent, in
order to lay before the Shareholders a statement of the affairs of
the Company, and further, to take into consideration the most
efficient mode to carry into effect the Objects contemplated by the
formation of the Company. lie should now read a Report, the
adoption of which, he thought, would meet with the sanction of the
Proprietary. _ _ _

A SHAREHOLnER said, before the Report was read, he eirould
move that the Reporters of the Public Press be tOrt,pwith ordered
to leave the room,: and addressing himself to Mr. Wright, a Di-
rector, added, •• you will second that motion."
11r. WRIGHT Mill, instead of seconding it, he would oppose it.
lie was most anxious that the fullest investigation should take
place ono the conduct of the Directors, and lie saw no reason why
' the fleeting should not be quite public. except the inconvenience
which might arise from the presence of persons not at all interested.
AK to the admission of the Reporters, he should feel happy in af.
fording every convenience to all who attended.
The SHAREHOLDER then withdrew his Resolution.
Another SHAREHOLDER submitted the propriety of every gen-
dentin present exhibiting his Shares, as he was appreliensiiie that
many persons wqe present who had transferred 'their sharer ;
and after a desultory conversation, it was finally resolved, that in
Cone of a ballot, every gentleman would be required to produce his
Sits e.

31r. Whores then read the report. It detailed at considerable
length the objects originally contemplated, and particularly anima&
voted on the conduct of two of the former Managing Directors,
who, when the share. were at premium, had issued 236 shores over
the 2000 mentioned in the Prospectus, by which set the Company
lost 6311. 17a. 6,1. as the Directors thought it prudent to re.purchase
them. It farther stated that the intended capital of the Company
was 200,000/. but that only 40001. was had from deposits on Moires
that the Directors had agreed or the purchase of Sve acres of ground
in the Isle of Dogs for the building of a manufactory, for which
they were to pay a rent of 300/. a year, and expend at least 10,600/.
on it, and that they had paid 10061. deposit, to be returned when
the building was erected, or the sum of 10,0001. expended) but if
ditty should fail in the perforinance of the agreement, the money
would be forfeited ; that in order to prepare for the erection of • ma-
nufactory, they had purchased, fur ready money, 32500° bricks,
now on the land, and procured careful designs and estimates
as to the best mode of constructing the works and the real expense.
Mr. Wilks concluded by stating, that if they obtained a Charter;
the Deed would be superseded ; that another call of 3!. per share
must be made immediately, and if the works were completed
during the present year, a sum or 201. per share must be actually
paid, notwithstanding the difficulties of the times; and that the Pro-
prietors were principally composed of persons interested in the trade.
Mr. W. CLARKE, a shareholder, here made some observations
on the conduct of the late Managing Directors, Messrs. Mott and
Ireland, when :kir.Ashurst, solicitor, addressed the Chair on behalf
of those gentlemen, observing that. as their conduct was about to be
investigated before another tribunal, it would be quite unfair to
make it a matter of discussion at that meeting ; upon which a
Shareholder inquired whether Mr. Ashurst was • proprietor, and
being answered in the negative, it was moved and carried unani-
mously that lie be requested to retire,which being politely intonate('
to him by the Chairman, he, after protesting against any discussion
on the conduct of his clients, accordingly withdrew.
31r. CLAREE then addressed the meeting, and observed, that he
approved of the Report just read, and that, if' the times admitted it,
a call of:11. per share ought to be made to enable them to carry into
effect the objects of the Company ; but should it be necessary to ex.
pend 40.0001. on building a manufactory, he was apprehensive that
the public would be of opinion that the expenditure would be too
great, and that it must consume ton much time before any proffiable
results could smite to the Shareholders. lie then submitted, whe-
ther it would not be more prudent to purchase a concern, and lie was
happy to say, that the present Directors were men IV ho possessed
the entire confidence of the Shareholders, and that the greatest Soc.
cess was to be anticipated from their exertions. He was proceeding
to animadvert on the conduct of 31easra. Pitt and Ilosanquet, the
bankers, and of Messrs. Mott and Ireland, when
A Shareholder interrupted him, and said, he thought the meet-
ing ought to proceed to the consideration of the best plan to iti.ere
the success of the undertaking. He therefore moved, that a call of
31. pat altars should be made to enable the Directors to carry on the
works at the Isle of Dog..
A Shareholder thought it better to purchases concern, than to
build one.

Mr. WRIGHT, a Director, observed, that all It would cost to
build a concern would be twenty-seven thousand pounds, and the
machinery not more than seven thousand pounds, and an old con-
cern would cost more.
The CHAIRMAN said the advantage of building on the Island cf
Dogs was obvious, as even in the article of fuel alone there would
be a saving of from 20001. to 30001. a year.
A series of resolutions then passed, approbatory of the conduct
of the Directors, of the eligibility of the situation in the Isle or
Dogs, for prosecuting the objects of the Company ; further, for re-
ducing the capital of 200.000/. to 100,0001., and prohibiting any
expenditure exceeding 00,0001. without consent of the Proprietary;
and lastly, that the Directors be instructed to make a further call
of 31. per share.
Thanks were then voted to the Chairman, and the Meeting sepa-
rated.