The British Press; or, Morning Literary Advertiser.
London, England, 1806-08-06 00:00:00

LAW INTELLIGENCE. .

COURT OF CIIANCERi. Ls • 's low, Atosusx I.
SHIRLEY, BART D. HRIVIINHAM.
In this case, the Soi.icrroa-Gananat., on a
former day, moved for a Commission to examine
witnesses. 40 bone essty under the special circum-
stances of the caw The question respected the
legitimacy of the Defendant, who was a minor of
tender yaws, and two orders for time to answer had
been go aloud at different periods in the case ; buz
no answer coming in. an order for an attachment
was awarded against him. An order was also af-
terwards made for the Messenger of the Court to
bring is the Defendant, in order that the Lord
Chancellor raisin assign him a guardian, for the
purpose of putuag in an answer, to enable the par-
ties to proeeed in the examination of witnesses, pre-
paratory to the hewing of the cause ; but the Mes-
senger was never able to find the Defendant, and
the party was apprehensive be might be kept out of
the way. until die witnesses might be dead, or gone
abroad 1 or, prAmps, he might be carried to Scot-
hied. or soesswhere out of the jurisdiftion of the
asset. so that the Plaintiff would lose the benefit
al tha Witnesses' testimony entirely,unless his Lord-
ship should dint& the commission then sought for.
He felt, under these particular circumstances, the
application was p.erreftly regular ; and as justice
would net he obtained without it. he thought that
she Court (although he could not produce any
pressisass es the subjea) would be justifiable in
Slaking- ea sa-avert. .
On diet lusseloo. Mr. %Li., on behalf of the
What, alcoved. that even without the aid of
Counsel, the interests of the infant in every respe&
would be guarded by the Court. It was asserted,
taut he was a suppositions or natural child, that his
eitashot was abroad, and out of the jutisdiftion of
die Cant* end due the Who's father was a Wit-
ness as aseehlidt ewe elle as to his illegitimacy .
is this lionise &Audio hod so protector but his
U:lhatip. Ural* ell these circumstances, it bad
.41:11 eels le Oa in an answer, but to
bpi's his Lordship, who would
his
antes
ateainxt Clerksn thahss
rules ordfianthe tCour ott
I such cases. He apprehended, the allegations in
the aSdavit, respelling the infant's being likely to
he taken out of the jurisdietion of the Court. to take
the chance of the Witnesses dying before he should
pat in his answer, so as to defeat the object of
the suit. was rather overstated. as there was no in-
temion of taking the infant away from the juris-
diaion of the Court, for the pisrpose of eluding the
administration of justice. lie submitted. that the
motion was not warranted by the predict of the
Court.. s there were but three eases in which the
Coettetelddi grant a commission de ewe ease, to per.
pews, someway. First, where the Witness was
above 70 years of 'v. Secondly. where he might
be going out of the Jared:l/ion of the Court. Aoil
"fee lhe was infirm, and the only Witness to
a mater raft in the cause.
The Loeb CHANCtI.I.Oa then observed, that he
shoeld do in this case, as Lord Thurlow had dose
in another case, and that was, hem should make a
precedent by granting the Commission. Its taking
a view of the pradices of the Coon in such cases, his
Lordship farther observed, that the Law of Eng-
land had shewn moth regard and favour to Support
legitimacy, that May other assumed fad ; so ninth
so, that the rules of common reasoning had been in
many cases dispensed with. Of the ev Is which were
felt from the loss of testimony of Witnesses, none
could form an adecinate ;lodgment, but those who
had daily resort to Courts of Justice. It was,
therefore, highly necessary, that the testimony of
Witnesses should be preserved and perpetuated in
all cases where there was danger of its being lost
before a cause could come to a hearing ; he, the: e-
fore, had no doubt of the utility of granting the
Commission, unless the Defendant should be bieugnt
into Court, to have a Guardian assigned him in due
form.
This day, in pursuance of the above proceedings,
the Defendant's Snlicitor attended with his infant
client, in Louse. when the LORD Ca *Nett toe was
pleased to nominate the senior Six Clerk his guar-
dian. to put in his answer.
He was a remarkably fine boy, about six years
old, of geateel deportment, and interesting appear.
ance.
Es-pate TV: RUGBY CHARITY SCHOOL.
This was an application, by petition, by Lords
Wentworth and Craven, and other Nr,blemen and
Gentlemen, the Trustees of the Rugby School, in the
county of Warwick, praying, that the Master might
be slireded to appoint the most proper and useful
mode of appropriating the sum of 10,0001. and
1,‘2001. per annum, for the benefit of this charity.
The original sum, which arose out of several
houses and lands in the county of Middlesex, belong-
ing to tbe Charity, animated to 45,0001. and, upon
former applications, his Lordship's predecessor
(Lord Eldon.) made similar orders.
'fhe SotletTOß
cation, observed, that, from ;he great respedalalii y
of these Trustees, and the motives which induced
them to apply to the Court. he was sure there could
be no objedion to the prayer of their petition.
The LORD CHANCLLLOR observed, that this was
not only one of the largest of the great schools of
England, but one of the most useful and merito-
rious. His Lordship had no objection, therefore, to
grant the application.

BilEAD.—Yesterday, the LORD NI• volt. after in-
spading the Returns, ordered Ow present prices to
continue.
The City of London has, at length. after succes-
sive and numerous efforts, found a second Sheriff.
willing to serve the office. Tile many disappoint-
ment► that have occurred on this head, have carried
some financial consolation to the Civic Funds, to
which the fines paid by the recusant Sheriffs, since
Midsummer-day, amount to no less a sum than
91511.
Yesterday, being the commencement of the
oyster season, tubs of this delicious shell fish might
be seen in every street, lent, and alley, surrounded
by grotipes of votaries of both sexes and all ages,
doing homage to the Welcome visitor, by the tree
expeniliture of their pence and sixpences.
It is reported that George Magnay and Edward
Taylor, Esqrs. have been appointed Commissioners
of the Re vcaus of Ireland.

SUSSES' AStillset
ttifrir LS. MOiebiLY, atta. {a.
Saturday was day of unusual bustle hi thie
town. It was the 'last day of the races. sod dal
company hl4 scarce began to quit the town, what
the Judges arriked, 1,124 read their Commission
holding the Assizes. yesterday they attended Di-
vine Service. and this sßptoitug early proceeded to
business.
CIVIL

&Are the Loan Cute" Batas;.
Mr. Moises, stated, that the declaration in this
cause complained, that whereas the Plaintiff' bad a
valuable dogs the Defendant beat the dog, and
rubbed his sides with a caustic liquid, in conse-
quence of which, it became necessary to destroy the
animal. To this the Defendant had pleaded, that
the dog trespassed upon his premiies, and that he
beat him to keep hint away. •
Mr. G•a tow stated to the Jury, that this was a
case of most unparalleled cruelty, as well as an ag-
gravated breach of the law. The Plaintiff, Mr.
Hicks, was the keeper of a Livery Stable, at Brigh-
ton, and the dog which was destroyed was a abed
useful animal in guarding the yard. The Defendant
was of that class of religious seetarnes who are sup;
posed to carry the principles of the Christian religion
to a greater extent than their neighbours. He dressed
like a Quaker, and would talk like one. his yea would
be" yea" and his nay " nay," but so far from being,
purer in his principles than his neighbours, his cop-
ied on the present occasion would shew, that he had'
not the first rudiments of Christianity in his heart,
for that was devoid of mercy. The Scripture
taught u., that a merciful man would be merciful
to his beatt, and he would add, he would also be
merciful to his neighbour's beast. How far he had
been so, the Anil would judge. The Defendant, it
seemed, kept a bitch, and, as. was in rutting, thsc
neighbouring &O would frequent his house. Hi
had an unquestionable right to beat them away y
and if that had been' all he had done, the Pinion,
would have had no right to complain. But hi'
should shew, that be 41taally enticed the Plaint.;
iff's dog into his yard; and then rubbed hint
over with a liquid, which. from circumstances, he
believed was oil •of vitriol. He then turned the
poor creature out, and in the course of the next day
it corroded the flank of the poor wretch, until the
bowels altually dropped out, and it became neceisary
to put the animal out of its misery: It was for MO
Jury to say what recompence they would give the'
Plaintiff. It was not in contemplation to prove air
specific slue of the dog, but the Jury wciuld be As:
tilled in giving the highest value that ever /et Wig
set upon any animal of the sort.
James Olumdon stated, that he knew the Plaint-
iff's dog, and he also knew the 'Defendant, who was
a Chymist, at Be ighton. On the 4th of February
last he saw the Plaintirs dog go into the house 'cif
the Defendaot, and he saw the Defendant talrh the
dog into the yard; he neat fetched a bottle from
the shop, which contained some liquid ; he then
wetted a piece of tow on the end of a stick, and he
rubbed it over the dog's flank and sidea.
Sarah Wilson, servant of the Defendant, gave the
seine testimony ; she could not tell what the liquid
was, but when it fell en the stones, it hissed like
boiling: They had a bitch in the home, and the
dogs frequently Cams there,
Co per Sampson, ostler at the stables, stated,
that the next morning, after the liquid hid been ap-
plied, about five o'clock, be first saw the dog ; it
was then running about the yard in great agony.
The hair on the back' eas hard, as though burnt ;
but no the sides, where the dog had licked himself,
the flesh hid been torn away, and there was but a
thin skin keeping in the bowels. The tongue of the
animal, by licking itself, was burnt hard, like a
coal, and was so hard and stiff, that it remained
bent. AbOut twelve o'clock, the skin in the flank
was quite eaten through in holes, and the bowels
dropped out on the ground. In this state, they shot
the animal. Two other witnesses proved the same
thing.
Mr. Serjeant BRIT, for the Defendant, admitted,
he could not say any thing in his justification, and
that a 'Arch& must be had against his client, for the
value of the dog. But he cautioned the Jury against
giving 'way to their angry feelings, and awarding
vindidive damages. They were, by their verdie,
to compensate the Plaintiff for the loss of his dog,
and not to punish the Defendant.
The Loan Cul Er BARON also stated to the Jury,

that by their verdid, they were to give to the Plaint-
iff compensation
for the Lou of his dng. In his
way of business, such an animal was certainly Use-
ful in pratraing The stable-yard (rims the 4epreda-
tions of strollers. But he doubted not, but that
such cruelty would be punished by the Religious So-
ciety of which the Defendant was a member. They,
no doubt, would expel lulu from amongst them,
when They hesitd of such unparalleled cruelty.
The Jury gave a verdift for the Plaintiff—Da-
mages, FM*
The whole business on the Crown Side finished
early; there were none but petty cases.

- - -
WILLIAM LANGMAM. of Cottesbrook, Esq. has
annoilnced his intention to offer himself a candidate
for the representation of the county of Northamp-
ton, in the next Parliament.
Mr. &revert Svirrt is preparing for a trip to
Dover, to canvass that town, which he at present
represents in the House of Commons, in case of a
dissolution of Parliament.
Sir Hew DALILYMPLI, who lately commanded
the Northern I:Astrid, is now with his Aids de Camp,
Secretary, and other Staff, going out to Gibraltar,
in the Ganges man of war. Captain Como's. Sir
Hew was lately appointed Lientenant-Goiernor of
Gibraltar, ai.e Lieutenant General Fox, appointed
to command in Sicily.
The volunteering, under Mr. Windham 's Adt,
has commenced in Dublin with great spirit. The
92d Highland Regiment hiss already received abotit
two hundred volunteers.
Mr. Marsden, ci-deverat Second State Secretary, is
appointed one of the new Commissioners of the
Excise Eoard cf Revenue, in Ireland. The death
of Mr. Hill (brother to Sir George) the Colleaor
fit Derry, has occasioned a wartsa contest for the
paronage of this valuable appointment. between the
Houses of kkresford, and loonsouby; but the interest
of the latter is said to Meg pee d.