The British Press; or, Morning Literary Advertiser.
London, England, 1824-07-20 00:00:00

I.AW tNTELLIGENCE.

make this pa;nful disclosure. Upon the *WNW' nun sheering,
this debt wan not contracted on the antborky of the defendant. Mr.
Eapinasse performed very arduous duties for trifling fees, and
ought not to lie saddled with debts of this extensive amount. Ile
(Mr. Gurney) would be able to prime that Mr. Espinasse, ao tar
front living a
very dashing style, lived, in fact, in a furnished
er.i in the noon econositical manner. Ile knew nothing of
!these afternoon purrhases until the bills were rolled tor, Mr.
E. being at Chambers during Tenn time fnms rine o'clock
in the n. turning until ten at night. If it were le.id that Mr. N. was
liable to pay such a sum as 11:11. for jewellery in one moriti. there was
no reason why she night not in any other mouth expend a similar
!sum. and for a similar purpose. Ile (Mt. 1:.1 would he able so
prove, that the plaintiff knew theme articles were not purchased by
the authority of the defetutatti ; nett further, th:.t Mne. Espinasse.
at the tint: of her niarringe, had been furnished with jewellery
suited to her se.uation to life. 11. (11r. G.) could also prove, that
!the jewels fur which the Reston was brought were never worn in the
preset:re of her husband. or any member of her family; and, under
such circumstances, he hoped the Jury would feel themselves jus- I
tili.sl in reternieg a verdie for the defendant.
Mr. It. I:spinasse examined.—lam the nephew of the defendant, I
aril tune of the frowns to the marriage-settlement of Alm.
masse. .11y uncle received a fortune tinder &DOW., and settled PA
!a. year on Mrs. N. for her separate tine. TIM defendant lived in a
ready furnished house, the furniture of which was neither hand..
some nit! exrensive. 31r. E. always treated his wife with the'
utmost liberality ; and she afineated to me, previous to the month
!of October lest, to have had sufficient jewellery. Aniorg her
trinkets were a gold watch, a gold neck-chain, gold bracelets and
car.rings. etc. I never saw her wear any of the articles for which
this tel I, as Mrs brought. In Term time my uncle left her at
niceo'clock in the nioniing, went et your o'clock to I:ray's-inn to
dinner, aril at ten o'clock at night returned home. At other times
Mr. K. left her at nine o'clock in the morning, and 'returned at five
in the afternoon; and then remained at home.
ceost.eesinineth_fle admitted that Mr. Espinasse paid 201)!. a.'
year for his lions!: that for two months in the year Inc had a house
at To:eke:Mani ; that he kept three servants; and that Mrs. L'spi.
masse was the fist cousin of Lord Petre.
Mrs. maid deposed, that the plaintifrs servants always en-
ouinal for lira. N. whenever they came to her mason's house, and I
thy the had never seen the saielew fur which this aceion wa a
brought in the possession of her mistress,.
The cook ate! housemaid deposed to the inane effect, and added, I
that on one occasion when the clerk of the *Weir railed at the,
house of Mr. E. thty exproiMiamie surprise It the credit gioni to
31rs. Espinauie. but to that the-clerk replied, "that was no matter,
as Mrs. f:spinasse was a lady of independent fortune."
The ATTOnNEr-tir.weaAt., in reply, contended that no legal,
reason bad b!, it adduced to satisfy either the Court. Of the Jury,
that the plaintiff should not Lave a verdict. lie had known Mr.
E.-ph:emir for many years, and regretted that be should have allowed
this matter to corn,. into Court. It wan nothing to sly, that the
invoices were made out in the tame of Mrs. Eapinasse, for the in.
voices were usually made out in the name of the ladies purcha.
si.q. and many husbands around him well knew, that any other
practice sotild by them be considered as an insult. The articles fur
which this anon was brought were MN umutitable to the situation
and degree of 3lrs. Espir.asse, and being delivered to her at the
residence of her husband, the present defendant, he was legally
bound to pay for them.
The LORD CHIEF JUSTICE in recapitulating the evidence told
the Jury that they could not in law rind a verdict fur the plaintiff,
unless they should be of opinion, that the dt.endant's expressed or
inipllzel authority were given for the purchase. The Jury should
also take into consideration that those articles were never seen to be
used by 31m. Espinasse, either in tl:e presence of her husband, or
ar.l member of her family.
The Jury retired at three o'clock, and ate quarter past four, re-
tuimd a vettlict for the cilaintiff.-Ilamages--411. Sa.
We understand Mr. Gurney has obtained leave from the Lord
Chief J ustii e to move to enter a non-suit in the above case.
I _ lli ieA(.:ll 0i 1110311 SE Of MARRIAGE.
Nit/M1.50W C. WASSAIL

COE'RT OF I'IIANCERV-31o2mAy, Jute 19.

SIR GREGORY FACIETVIINEIIt

The LORD CHANCE Ll.Ol came to Lincoln's Inn-hall this day
at ten Wilts+, and shortly after Alemini. i'llll.l.llllollE. Sri; DT N,
BEAMS. and Pr: wnEnTosi, attended :.is Lordship in his private
room, to discuss the petition of e...tisitt persons named in the plead-
ings, who had Conic forward for the purpose of traversing the late
trod, as to the state Of mind of Sir It. P. Turner. The object of
the petition was to be sllow,l to wot I: the traverse out of the funds
of the estate. .

rile 1.0 It ('ii ANII:I. L OR said he had not the power to order
any pc-curt try us.i.:ar.cv, 11 disnits.eti the yetit:on.
•• JO II N BULL" XEUS PA PER.

This day Mr. St"GIDE N CollClll.led his argument.
II:a Lon tun I r Maid, :I'M in Lair q..Evitlettre it was
stated that the Court of Bench could not grant a commission to ex-
amine wite.mses without the consent of the plaiiitif; and delerdatit;
but tithe commission be applied for and ohj,cted to, the Court
would tat tar assist the party •pplying as to put off the trial
until a bill in Equity could be fiktl.
311. So• N conte;aled that it a party demurred, he must take
care todemur only to those parts which %ought such a diael(rwre
to he answered, would subject the defe.,tla, t to a peval proceeding;
a7id he could not think that it would have bon Slr. Macaulay very
much to hue answered what was byre asked. Mr. Brougham
stewed entirely to hate tnistaktn the jurisdiction of this Court as to
delay.
Mr. WAKEFUL!) MUM not suppose that there was anything in
this Bill to answer winch would subject Mr. Macaulay to pails and
pm:eines; but his real ground of objection was, that to answer the
dillereut pars of the fill would reflect on his nueral character; that,
!marvel., the Learned Cout.sel could never allow to be a eutlicirnt
ground of obj
Mr. Manua:t.t. said that a very difficult task devolved upon
him who tinekriook the defence of character, for the tendency of
human nature was, to listen with eagerness to caltioinits and re-
proach. Ifs htarn(d Friend Cdr. Stigefen) observed on Satuttlay,
that Mr. Macaulay did not dare to answer the Bill. What limn-
dation was them far such en assertitto us tins ? 111`W Cll,lYi his
Learned Friend krow on what advice 3lr. Macaulay tu•teit ? Ile
could state on his own knowledge that it was 3lr. It scaulay's wish
to put in an answer, but that intention was overruled by his kgal
advisers.

—.........
Mr. St-r*nr:st said if he used such language on Saturday as that
imputed.o him, it was nut from any tutention of redeeting oa the
et:sewer of 31r. Mac.mlay.
The Loan Cstaxcr.t.i.uu said, he wished a calculation could
be made of the time taken tip in complaints on account of the
putilicati:n if praca-ding„s in Court before thee were terminated.
When tirst he entered Westtnin.aer tin I, it w.ts considered law
that proceedings might Le published wh-n they were closed, and
dot before. as a partial publication might be prejudicial to one
or the parties.
Mr. SliAnirrl.l. contiriteil.—Stich might hare been the law and
the practice, but it wontl.l be impolitic now to enforce it. It was j
hopeless to expect, in the present ,!ay, that anything occurring in
the I. o.irts would not be made known, so great was the number
of daily public:l6ms. Ile coil,: not itay, though partial evil might
arise, that he regretted this. i was through public discussion they
Itec...se a great country, and he was store they cauln not exist as
a greet country anima it. If the plaintiffs here thought that their,
caw: might be twittreti by the absence abroad of material witnesses.
j they Is. I the courte open to thcni of an lying to the Court of
j liii.;'s !tench tin a postuoneatent of the trial.
'the Lotto Cita N e E 1.1.011 ssid that though such application
might be male to the court of King's Beech. it was no reason why
' that Celt rt, upon prover and iltst grounds. should abstain front the
exercise tut its orig:Lai itarisaictit.n.
Mr. SII AIM EI.I.—S:o. my land. but their not haring applied
j is a; least some reason why the Court should not grant a cum-
' mission. The very language of the plaintiff's themselves was
sufficient to chew that the commission was unnecessary, for the
bill did rot say that all the witnesses were abroad, butonly divers
of them.
... . . . . . . .

This was enaction brought by the plaintiff, late bar-maid at the
Castle inn. Salt-hill, to recover front the defendant, a gentleman
of fortune. compensation in dampa fur the injuty she sustained
by his refusal to perform :he promise of msovhtge which he had
made her.
Mr. CHITTY opened the pleadings.
Mr. SCARLET T stated the Mile, ants said that he now appeared
before them to claim at their hands a coenpassation for one of the
;:r..atint injuries which a female could sustain—he meant the lose
of a superior 'settlement in life. The Learned Counsel then pro.
cevdeu to detail the facts, which he expected he would be able to
prove in evidence, and contended that his chent, though in humble
life when this pease was made to her, was entitled to exemplary
damages, Her father had been a respectable man—had given hisl
daughters& respectable education; but his subsequent had conduct
brought ruin on himself, and sent his daughters into service. The
plaintiff was a girl far above her apparent condition in life, and was
sensitively alive to those feelings of hope and of connubial happi-
ness which were lost to her in consequence atlas breach of promise
committed by this respectable defendant. The higher ha hopes,
the greater must :In disappointment have been, and the more acute
tier feelings ; and he row called upon the Jury to award her such a
recompense as money could glee foe wounded feelings and foe
blighted hopes.
Airs. Cecil examined.--31y husband has kept the Castle Ism at
Salt Hill for the last 20 years. The plaintiff wan foe throe yeses in
my service as luer.makl, and its about 23 years of age lie lived
with me fax 111 months before the defendant came to my house,
which was in April, 11122. The defendant isabout 12 years of age,
and appeared in rather debase haish.- Heald a Illarieri and 4111111,
asevantsand stopped in mt house' llr about lour months. He came
again in December, Iff22, and remained until December, Iff23.
The defendant was generally resdped' but always behaved like a
gentleman. He usually dined Wane, and hod frequent opportu-
nities of seeing the plaintiff: About eight or ten months ago I ob.
served a great alteration in the conduct of defendant towards the
plaintiff, who was always correct ; and possessing an education far
above the situation she was then in, I always treated her as an
equal, and heard defendant speak highly of her; and he told me
he intended to marry her after Chriantas, but it was subsequently
postponed till after Laster. Preparations were made fur the mar-
riage, and the plaintiff' was congratulated by her neighbours upon
it. Plaintiff let's her place. in order to tome to town to be married,
at the request of the plaintiff. The plaintiff is now in a eery deli.'
rate state of health.
( 'rom-examined.—M r. Nassau had no acquaintances in the neigh.
bourtiond of Salt Hill. While at my house he was attended by'
three medical men. He was a man of singular habits ; he often,
alter having ordered dinner, never partook of it for several hours.
Shortly after he came his servant left him. Defendant was so sin-
gular. that lie often used thirty towels in a day, and was certainly a
very whimsical and eccentric man, but he never told me he thought
lie was a tea-pot. He made the promise of marriage about the
month of November, Ilt.D. The servants knew his ways, and hu-
moured him. In December, DM, he beetle otthe intercourse with
the plaintiff', lusting previously written her several letters. I
firmly believe the plaintiff entertained an affection for him, though
I might have said there was not much of Cupid in this affair; and
I said this because I thought it was true. The defendant used to
conic to London its a chaise and four, and never called fur a horse
which he diet not use
Re-examined.-1 never dnubted for a moment that the defendant
was a MD of sound understanding.
The letters of the defendant were put in and read, and cont. ined I
a positive promise of marriage, one alto contained a refusal to
ninny.
The AT-roe:err Y-firrii:llat. said he appeared here to defend
the interests of the defendant. It was of little consequence whether
he appeared directly for the defendant or his friends, but• he a
pared to see that justice was done him. The defendant was onr
worth 1110 f. a-year, and hid but little power of watching over bin
pecuniary, or indeed, any other interests. Ile could not deny that I
a promise was made and broken; but it was for the Jury to say,
knowing all the defendant's peculiar circumstances, what damages
they would award by way of compensation for the injury this bar.
Mr. S:well arrived at the Colonial Office yesterday maul had sustatned. Could she saveh lost her affections, or rather I
did she not look to her interest ? There was no difficalty in de-
morn7ng with d,spatches from Quebec. cidit g the question. There was no bond of affection between
Despatches of the' lth Juin: were received yesterday them, there was nothing to justify the colouring of the case as
nailing, at the C..hunial Office, from tiovervor Irrrhan, opened by 111 r. Scarlett. She sustained no injury—she hail co
r. Min.:ram. At that period the colony was perfectly wounded filings—slat had no real attachment to his unfur-j
tea' 'foil, tonne client. The real object of her canting here was to
An express arrivt4 get recompense fur pecuniary lames which she might sustain
yesterday from Paris, bringing the by the loss of a Liege establishment, and not to recover COIll•
Lan Dikeof the H. proration for her blighted feelings. The defendant was living
' - -Tutu On Saturday evening, 98f. S:ic.
Letters were received yesterday from Rio JaPeit° of the
alone at an Inn, a tended by doctors, not visited by any other iu-
If 'a
of flay, Intl from Bahia of the 9th of June. The clividual, and under such wet/mammies it was that this eccentric !
fo .ner are silent as to ftolitics ; defendant was entrapped into the engagement into which lie ap- I
the Later state that com- pears to have entered. The condors of 3lne. Cecil. who had the 111 as NU
Sal. Pa"t on . account of the weather, and the rare of the plaintiff, was not becoming. to say the least of it. Then
,e 0 einuance of the hostile state of things in Pernambuco. wits! did the letters say ? Why, that he was obliged to be " sti-
ta,!d.
•an Bart, French 71. arrived at- Rio Janeiro Ist Mar, mullet, .1" to w-aik as far as Charing-cross, and that it was by a'
!ruin . Be•st. areat cfihrt he subsequently ses ablc to go to Brighton. Ills letters
Thc. Maria Therese, French frigate, and
I%.,sitiptel,erlrison.il late hri; sof war, sailed the bar" day
for
said he was feeble al.iil exhausted—that he had neither mental nor
I physical energies, enabling trim to marry, and could it be supposed
O-- le Nlagicienne, French frigate, sailed froth • I that this young girl, in the full tide of health and blood, could
0 YernaMinteo 19th May, for Rio Jan iro , MOVTAnt'F. V. ESPINAFSF. ' have had any ittrection for the defendant so circumstanced ? Some
The late-Cahinet Councils- are stat ti eby *the Courier tO. ,Thi, was an action bionght by the plaintiff, a jeweller, against thing more sordid must certainly have been her object. Lad elle was
hate beer, h: Id ; 'eve deletulant, a respectable pleader. to recover the sum of 401. 3s. therefore entitled to the less damages. The mind of the defendant
1„1 . merely to dispose of those matters of pub- , -. o furnished
40T
~we..ery to defendant's site. ,1 was evidently Lffected, although there reight appear some CO.
that3USllleCS rldeh require t'abinet consultations, in order It a, from the evidence, that in October last the plaintiff, herence in his letters. The fact was, that 3lnt. Cecil wished to:
house of lo T husband, in Guild- I have the match made, and used every effirt to promote it. The
his MajLsty's Ministers may enjoy as leng a vacation furnished .mfrs. Espinass-. at the
1 •
a Immix in the country. j ford-street, cols several articles it. jesetlery, amongst them a gold'! Counsel for the plaint What! only read such parts of the defendant's:
thel:!_77.lsPreeautiott has been adopted in Mexico against ' watch and chain, some brillnwt Mallards. a topaz brooch. and a letters as he thought tourer.
super:or ring, altogether amour tins to f.3f. In. 31e. Jlispinasse paid I Ale. SCAR I.r TT—All out two, and these shall be read.
01l lon of Iturhide. A number of cruisers have been oat or this sum :IV.
I, lit tenth to intercept him at sea, and Mr. Ar-ronws:v.lltNnaat. only tack the case as it really
ed ; In cross.exanii:;st'on, the servants of the plaintia" admitted that stoisl. Here etas this eh tendatit writinfr letters to the bar-maid at
persons were sgleet
and ',evertor Mr. I:Willasse I the tin at Salt-hill. an-I at four o'clock in the morning, on the 23d
I ' 3`.`eimPany each, who had a perfect knowledge of his ; they atways eilki! bir NI rs. Espinasse,
I' ran. 1 that the invoices ....ere matte :II lire name, and that they had had no . December, finishing some of then,. Must not a nuan's naiad he in
The foandation stole of amo u Itto th memory I a state of aberration, when he could do so strange an AM ? There'
c, ~ . , . • n me 1 c , 1
or ' conir,,uricati3n with the defendant.
1 lie defentket's a:fittney proved that 11r. I:spinasse was a : could not be a doubt upon the 'object. Sub,equently, however,
1.4 ',rock o •
ii ii,,. . as laid on the Ise tilt, on Queensttin 11.;:ott,,,nan in great practice :iii a special plead. 'T. I thee defendant had, at the request of his friends, broken oft his en-
.1.:,.'•'!,'6 111 Upper Canada. Tile I teneral fell on that spot, 51,, f it-it %Er, toe the defendant, contended. that as no ctedit . gagement, sed he asked the Jury if the plaintiff could have hoped
'e'"lllig the provime from an attetnpttel invasion of the was given to the defy:a:am. aial no authority to pat chase given by , toe an happy union, with a man InoLen down in mind and bort . I
Atiieri,,„. ('nine
of
the' . j If % , bin, that he vas LOt I:al:le. In support of hi, tiljcenon, the i and incapable of fulfilling any oar of the duties of' a hushandY?
reigns of emus I. J nne.„
eit-el the ease of IVa..enittn and IVolceinan, and' The exit sacs of Mrs. Cecil went this length—although she termed t'''''z' 111.
. . of the American United Stair a, , i warned I 'ounsel
the I Illlco i on om 3 Taiintim, :',2fl. I the conduce of the defendant as only eccentric. He asked the Jure
'''"tol Pr' v. .
• ''' 'flttar and Pottugal, were deposited in the The.i' rim N EY-I;i' 7: re At. eneltee,l: II that the defertlant was I, whether, as men of the world, they could say the pleintiff stiffertall
liable for ghed• ftlettiO,Vii to his site, and which were not unto- I any loss from this union being broken off% 'flue whole amount or;
I. :I nmr,„,„ ~,,,„1,,,r ~.. a lineal descendant of Lady . coming a lady in her situation in lite. art. delivered at Ili, house. I the defendant's prepertv was but lila a year, and when they ad-
• I The Loot, Cii i tie .1 e,rii II sind he would no non-suit the versed to his state of health—to the necessity he required of having ''''!;,' !‘:ll3it. ilatightf rof King James I. of Scotland.
!plaintiff I:c would stare the law of the case, and leave it to the; medical and other attendance, he was sure they would give but the
1 sitt.Attav•ta —0 s
y,un
j, - • n ..aturtlay last, Mr. George Talbot, • Jury to see whether the articles were purchased on the authority; inert tell,perate dittllag.". It Was absurd, to say the least, to pre.
.._ ,
.., -g, ',denten highly connected, hut who bears a : a the defendant.
7n..ti,,, Itkeness toI tend that this union vas broken off for forming another and an int.'
a Fs non known on what is called the' 31e. fie it ye i: v then rose to address the Jury for the defendant,' proper ihtercoursc; toe certainly a man so incapable, and so stating
that th,mgh he had long knosii the defendant, it: himself to he', could not have any such intention. The affair alto-
tt,..l foes," seas arrested by mistake in Cavendish-square,
'"olljects insistinl • . i i*•
*.
g that le was the man of whom he liar . PIA ohmerNetl.
was only lately that he knew son: of the edatitit,e, of ids domestic getlier was one of money, and not in the least degree of affection.
, life. .% bout tour cars aro Mr. EsTiiiiiisse married a laity, who Money, and money attune, ass the object of this inquiry; and he
left the Case
ilo:,..s.t:fortuttate• a res.‘ mblance. He was taken to a spung- became intimate wit another holy, who led rile. E. into very es- . thetrfiire trusted that the smallest possible damages would be
; it! 'lls,'• hat reintled on the arrival of his ouch' and pensive luibits ; and if this hill were. the only one of a similar awanied. %Vith tlw.e few observations he confidently
'4l hit rids, whom be had aprrii.ent of ti.: eireuntsta.u... nature, he had much rather h_vc earl it than come into Court and to the temperate conatderatwn of the Jetty.
• •••

-....-....
Tho Lowis CUM.:CW.OR said, that in coming to a decision
on this sloes:ion, he had nothing to do with the motives or objects
of the species of defence set up by the plaitotihr. Ilia duty as a
Judge was to suppose that the party tiling the bill asked only
what the jet,' ice of the Court could give, to consider that they
come into Ceurt to ask his opinion. With their motives he had
nothing to do, nor could his decision cast any imputation on
Mr. Macaulay. Ile would make to 'draftee to the first bill
in the Vice Chancellors's Court. The question was not before
him. whether the IICIIIIIffet there was properly allowed or nor.
Here his Lordship proce.ded to read the allegations of the bill,
to that part of it in which it is said that Mr. Macaulav, know-
ing that the witnesses by whom the plaintifii could substantiate
the:: plea ot justification had gone abroad, then, and not till then,
brought his netion. With the truth or falsehood of these allega-
tions he bad tiothi,g to do. It; as the bill stand, Mr. Macaulay
once filled an humble situation, and rose by his own exertion to
wealth and iodepondenee, such language, so far from being
libellous, was the highest praise that could be conferred. By in-
omelet, however, it night become highly libellous. It was ob-
served that application might have been made to the Court of
King's leech to put ell' the trial on the ground of the absence of
material witnesses abroad. That Court had jurisdiedon to grant
commissions long before the present practice prevailed in the
Court of King's Bench, and the ground for the practice was
that time might be given to that Court for the exercise of its juris-
t diet ion. It was no answer, therefore, to say that application might
be made to the Court of King's Bench, nor was it ajust reason toe
eomplaint that such application was not made. Me was hot at
liberty to say that the subject was not to have justice administered
to hint there. because he did not apply to have that justice ad-
ministered elsewhere. With the truth of die allegation he had
nothing to do. He wan only to look at them as pleaded. It was
averred in the record, that there were matters capable of being proved
only by witnesses that were abroad, and thus being so averred, it was
not for hint to conclude that all the necessary evidence could be
collected in England. In such a vast community as that of Eng-
land, the transaction of whieh extended to all rarts of the wand, it
iris ro ansuer to such a bill as this to say, the allegations of it
could be tried without a commission to examine witnesses in
foreign te.rte, as easily as any case in the county of :Hid:lles:a.
Wit!. the great variety of farts asserted in the bill,and asserting only,
!could he admit these demurrers to pass and act merely on an in.
I geninus eritic.snt on the word diverse. Admitting that there were
witnesses in England, perhaps there was net rose of them who could
speak to some of the facts. It was std that Mr. Macaully did no
I want to put money km his pocket. t ft* that he knew nenforg. Ile
could bark at the action only as one for damages, for that which in
Scotland was called is solatium, and in Ergland cr umensittion for
injury. The Court had rothirg to do with the question, whether
Mr. Mantel:l might have proceeded otherwise. He chose his
course, and the defendants at law haring applied for a cummiss'on,
the point was, • heater or not it was his duty to grant it? Were
they not to hire an opportunity of proving the truth of their
i allegations, which if proved must here a material (fleet on the
verdict? He was ef opinion, therefore, that the first ground of
demurrer failed. It was not necessary that there skould be in
the bill an all-;ration to the effect that the witnesses went abroad
since the publication of the libel. The cause. stripped of all
extrareons observation, was neither more roe less than this :---An
I action is brought Lgainst certain individuals for a libel, and a plea
is put upon teeord that they ran prove by witnesses, and discovery,
it made, that no injury has been dune, for that the allegations in
the libel are true. They therefore collie to this Court and apply
; for a commission. It was argued that the Court, by granting it,
1 would go further than in a'-y tormer case. Ilie Mel not think so.
Suprctot Mr. Garrett to have been assaulted by Mr. Sugtlen ; that
; the witnesses have gone abroad ; that Mr. Ilarrett brings his ac,iun
for assault, and Mr. Sugden files a is:II to institute a commission.
. .

Mr. ti,rre t. however. wishes to have it tried without debt.. in such
a case that Court would say, " No. you must hot t Tore's! no fast."
lie az.% of opinion that the rreseet atheitted of as huh. dooht. With'
respect to discovery, as it could not lead either to penalty or tOrfeiturr,
he saw no reason aby an answer 'should not he given to nor.- of the
questions. There were others that Mr. 31acatt ay could not be
called on to answer. Though a par•y might refuse to answer such
questions as tended to emoinate himself, that Court would not
therefore nay that there wan an End to to, jurisdiction. l Here his
Lordship nail a few passages front i.l•. Phillips's Law of Evi.
dente, to which it is •aid, that though a witness might refute
to answer. such refusal was to be taken into the consideration cf
the Jury.) He never could allow that a refusal to answer Klima
be eotroile red by the Jury in looking at the merits of every cane.
The point to be considered here was, whether all the questions
were such tM could not he ansrered. lie was of opinion that
some of them might be answered, and therefore that the demur-
: rem should Le t.verruled. When he reti.esi from the 'situation
he filled. it would be s•hh the pleasing reflection that he never
• injured the character of any man, nor did he impute moral tur-
pitude to a•y person whose name was on this record.
.•
COURT CF KINITS BENCH. WESTMINSTER.
MONDAY, JELE