The British Press; or, Morning Literary Advertiser.
London, England, 1824-11-17 00:00:00

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HATT( ):44 GARDEN,

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charge of the Learned whir.* he submitted had an effect on
sew nines of the Jun injurious to his client. In speaking of
an
oak!! which 31r. ratline kept. " an office for injured p-snots;'
kis Lordship had adried the words, " injured in any way." Now
this. though he knew it was meant good-naturedly by his Lord-
skip, yet it had, he apprehended, a different effect on the minds of
die .Imy.
The Loan enter Jurertcw said he had not such an expres-
sion in his note*. Ilia Lordship pmeenleil to read the way in
which he left the ease to the Jury, which corresponded to the views
attributed to him in the strement of 31r. Phillips.
!Br. Pray tee N teemed, and reverted to the failure of the sob-
rieription, a probable cause of which appeared to him to he, some
stwrietatton of nitsconiluci which he presumed to have been affixed
so his character in Ireland. If the Learned f'ounicel were to know
z:l the acts of Mr. Peritins's life—if he were to review his whole
einliwt, he would find many and many acts of charity and the
unrest benevolence, which would cause him to blush at the philippic
for proommeed upon hint at the trial, and which he thought proper
to repent. The Leaned Gentleman then ',unveiled to comment at
concidershie length on the affidavits of Herbert and another person.
~rio (ferruled that VW in cooper, which Scott had sworn to be received
Tor the initaieri mitt. tt poor Byrne," finer actually was reeeived.
There were zither ten- is of'Seott's evidence, besides that and the
parts he had alreads rereered to, which were capable of being proved
TO have been pc rime, an.l which no Jury would believe. lie there-
fore Terre-m.ll and hoped that their Lordships, in disposing of the
rule, watilil attend carefully to the testimony of Scott. He then
referred to the book, the erasures and intr./lineations in which were
scriannted for on the 'ground of erroneous entries and mistekes
footle in the amount of summing up the items of the pages. This
ev ild be eroeil t and further, that these entries, as they stood,
rerresponded to the teal sums received. On these grounds he hoped
their Liirdefujec would gram the prayer of his petition. He
:AA it. in j•••tice to the deeply end unjustly injured chanterof
.31r. Naito'. For his own part he thought the grounds of the ap-
pheatiorfor a new trial were so strong, that if it were refused he
should feel himself unfit to make a similar application to the Court
to any mini client ins f ante.
Mr. LAI4I;SLOW flowed on the same side. He bennie ac-
cidentally yessiaarrd of the brief which he held in consequence of
the regretted death of a gentleman (we believe Mr. H. Colaen.
who was an ornament to the country and to the profession. The
erasures in the hook were, he thought, satisfactorily accounted for
by clerical errors. The product-nn of the took by Mr. Parkins,
and his reaidoess to permit it to he seen at all times, proved there
was no motive or intention of fraud. As to the law in canes of re-
native damagis. he would submit that if the excess was such as
*here, for iroorinee. MN. ought to be returned, AIM was given—it
was such an tiversa an rendered the verdict liable to attitint tinder
the statute. The present sal acne of this kind, for by 14 cal, ula-
tam that aim( arc() to liiin a fair one, nothing whatever was due to
jtt ere. The Lenmed Gentleman proceeded at considerable length
in argument, and flillowed up in several of the points previously
vr,;eil by the beamed Counsel who preceded him.
The Lunn Liner Joel. ter: (as we understood) asked Mr.
Phillips if he was prepared with any affidavits in reply to sus-
tain the creditWite of Soot'. tearimany ?
Mt. Putt i.tt , replied he was not, as they were the deans!.
tiles of peron, ie.iv who a ere sworn, and gave ail the evidence
they could rte.: liefore at the trial.
The Loan (.11117T .11:5 ID: E. after having consulted for a few
minutes with the other Judges of the Bench, thought the ver-
ifier might be snstained, on the views which he presented to the
Jury but as it was sought that it should be reconsidered by
+weener. whreher the defendant kept an untrue areonnt or not
whet:ier the defendant spoke the words to Mr. Cohbett
bosatiogly and idly. in winch he 'odious ledged the receipt
cat :frAr'. the ('rot weal.! give the ilefetdant an opportunity of
ho.:.c these points n viewed by another Joe,, on the payment of
it.- c as by hint. As ti e can was to go before another Jury, he
soul,' forbear from tineimg any observation upon it, or on what
had addnaead to the Court, which otherwise he might be un-
posed' to rework opott.
Mr. Putt tins ,relied, diet the amount of the verdict in the
tom er cam: sbotild bet raid into Court as senility for the costa.
Me. Parki• s-:rid he win willing to pay anything the Court might
direr.—he would pay ten times the amount to base the oppur-
tueriy of a new dial. _

to Mr. Phillip/is suggestion.
Mr. P 1111.1,11, firhrt requested, that the verdict fur nominal
elsmae .s. in the rain- o I risrder, might be set aside- as it was
eoesent,il to on PN ~Ull/ of the v,itlirt obtatiled in the first eAse.
Loan elt r. Jt• TICE thought it better not to disturb
that verdict; br-ides, the defendant said at the time, that he
wou',.' mime forts new trial, whether the second trial was pro-
evert in or 1100.
Mr. Parkins—Certainly did, my Lord : I beg your Lordship
w:i! rote,' tm. ro the vindictive feeling of that Counsel (point-
ing •ri M-. - . . _

r: rao. 'bat they perceived no vindictive feeling on
the par. of Mr. Phillips, and
Mr. r‘ di-claimed, as he did earlier in the day, during
the statement of Mr. rru nch, having entertained any personal feel-
ing whatever tovart. Mr. Parkins.
fhetoveT ownr. I hint further, that its protection would be
equally rate oleil to hint and the other auitorsot the Court.

Mr. Parkin. t'isoked th• it Isrds hips, and retired. Ituring the
ells: be manif s;e11 ?rest anxiety for the result, with which he ap.
pest& ex,:esdirxly I used on his departure front Court. 11. con.
t.r.oed thrmighmit tt' hearing of argument in constant consults.
tilt vitt: his Coa-..-1, and on more than one occasion suggested
a very aldible sole?, words and points which be was desirous
they sholtld &Mims to the (7ourt.

COCR'r Cr COMMON PLEAS, TUISDAY, Nov. 15.
The Court to—Say was occupied in hearing special cases, utterly
destitute of pui..hr itverest. N., causes were set down for hearing.
1- the course of the touring the Court strongly reprobated the
practice of ir.trLdOtilg op'.nions in place of farts in the affidavits
opposition to bad, and iotiniated, that in future DO such oppo-
artion would be ave.:tied to.

Si tram Sqv tr era.--1 nroa r.t, r Demi og.—Yester-
days Mr. Troilus/ B,i/Jeka, as Treasurer and Secretary to a lienefit
society, entitled .• The Sympathetic Sons of Harmony," appeared
to a summons emoted against the collective body, on the complaint
al Mr. Tl.ousas rite of its membern
The etrennistaaces of the case were peculiarly novel, and the ad-
jdtheation wiil, to doubt, be looked to with much interest by Fra-
ternities siCahe. same description.
The Conpla ear.: Inc ed that be entered the Society eighteen
years ago -Monet at toe period of its formation ; that be had in-
variably conhunal to all its regulations and bye.laws, and up. to
the present tine had never mowed the payment of any subscrip-
tion. dues, or penalties. At the beginning of this year he had been
sworn in 1.1 sithodiee constable in one of the City wards. and in
the execution of cis! office, he had to sit up. when called on, to
take charge of ihe est:ld:mac About three months ago, he was
*stacked widi a rionniat ism, and being rendered incapable of ful-
-1 ming his troll it t.t,lcie. he was considered a sick pensioner fm
C.- Society's funit, anti received the usual weekly atipentl, the
eistt.eng oilio• is ha. ing reported him in such a situation, as
t: entitle hint to claim. It'bile in receipt of this allow-
wee, he vela evll.it el to attend the watchhouse in rielit
4sf his cos 4tibieldry office, and the person for whom he 'COX'
at 1...ii.r also ill at the time, he (coniplainant),
even at the risk of fits life, was cmnpelled to go on duty for two
si=antiVe niztitn. The ea-cultism:re was reported at the club, anti
on the 11011 genet. 4; meeting the malice Iran discussed with consi-
dersbk ra• rezarded hint. liurirg the interval of hr., own
indisposition his w ife died, and he of comae put in his slain for
line burial eve- trove tin: ) as allowed in such cases. This claim
via tune only r, jecit A, but a motion was made for his expulsion, on
the plea that he nail departed (TOM the standing laws of the society,
ir. continuing to receive • weekly pemion sod at the same time be
act on his ordi:dry bowies,. The motion was carried, mid the only
arernattve then Ic t hint was, to procred under the 10:h article of
the roricy's ends, and demand an arliiiraiion. which was granted
at matter 14 oini•... Six arbitrators werc named from the members,
co:1111611.am i.o4dinatiny three, and the society the other dirt the
presieent haven:; it ; voice. They sat. rid after much discus-
sion deliver, ! 1 air moot., 4, three bt..!,;•; for esrmision, and three
mat he 'boob! h. • lu.rely tined tire shilliags, and still considered a
I.:ember. w. ti i -t. lit vionility of the claim for burial-money: but
. tied that he should l's tio,•.: according toartieles.
Complains 2. :• •. decree of arbitution, held hints, If ein•
tel id to al' of a member: but 0:I pressing his claim,
div wad int e • •' Ih. vas still considered as repelled from do•ir
31..1 • rot,' no: expert to hay, his m Petition for

t! to. They., rtfusvti .10 obey the
•,I,pluit.:tr.t then uTgcti, that it atitthi be
tacit.; put a ran sum of money into t),
Id now I,c deprived tit hit pri....lege, %%tidy
'cont. that duty *inch I. L'ould nut cut:at:len-

y Other members of the Club, in defenee.
_
tl ha! tiimonlitiA is.ntdf t y taTiJrniing any
Lnr tho p .111 r•t• N. RAJ to thrive ertta;n pe.tiniazy can,lts•
n.ant, Be F.', • s • time a rettatoier on the 1,. ; and that the
Jee,•alitte,•. • ,on the thild oT•ree, punh.hatle on:y l y et..

...-........ . . • .. - ,
pul,t,in, vv., —l• r, .. t, r printed *tortes, sanetiene.l by the 4utho-
rov.E: a:1 '.,-• .. • i ---,tilt. and that brirg aty expelled, al: oilier
..1.4400, t, ' t- , ... ~ a:11 immunities.. wre at pure nullified
.. .. _

....; t t , lard to the decree of the arbitration, it was I
.f I I ' •.$ in any other way, because there w..s nu
art,.ye • !.. . • nil he third.
• rt-f. • • ' ' of Parliament, Mr. on t: It Mr. ter.
grant ss.i t.• • LUSO, the Sitting Magistrstrs, reimakr
est, that 1, • ,-.1 -b.-ration was Knal, when ha:lc:Mord Ly a
kioneh of • • - • •.d on consulting the Secni'y miles, the
drui,hetti, .t, r. • ~ rr..t on the moiled' a ma:: :cued
o„t.„a ord,.)or, ;•, `. Now, Gliseric,l Mr. Laing, •` the
Gi n row r•-•b!.- ••
....t be deemed his ordinary business, for it
seems his todiesre I t• • in% is that of a tailor."
lice of the etreir'..c. • nitserved, that it amounted to the same
'how._ beauty- h.: .-ter,l a certain emolument from the 'Moe,
*lona he we' not coe t• .11‘.1 to accept.
Mr. Smith rascal, that hrving accepter' it, it beryline imperative
orriarin in Moles, at leant so far an he had the power.
Mle•tAl I:11-111o, you compehasted for your services?
▪ . mith -I n. • .4 en being sworn hito office, at the com-
lIIMOIMent •f Cr- v . 7, ILI , which was paid by the person fur
whew, I bret-tr.
We. •'Ad:ra =nee,. (.1, tint en that very account he rould not
be teat d ed eta le pbrmit of any common tryout:on, the profits of
waradffammi either " per Mont or r, week," end' certainly did not
yoaal. rhos him In Limit/Mama dorioribed by•their awn ankles.

Sparks. and other members. contended that he might, if be
thought proper. or, In feet, if he was really so ill mhe represented
himself. have procured another person to perform the duty of eon-
stable, for a trifling gratuity.
Mr. Lai wo dissented from this opinion, and maintained, that as •
constable, be could not properly entrust the discharge of his duties
to another ; and, in fact, that he having received already the full
compensation derivable from the office, could not, by the most
forced meaning of the clause, be construed to have been In the pur-
suit of his ordinary avocation or business.
The Society struggled hard to maintain their point, bee-
Mr. Lat mu (and with him Mr. Sergeant Sti.row and Mr. Ro-
os:Ks) gave it as his opinion, that the order of arbiter:don should
be complied r ith ' • and finally recommended them to take into ac-
count the advanced age (upwards of sixty years) of the person
whom obey were shout to expel for performing a compulsory duty :
the vast sum be had contributed to the funds gave him a still
stronger claim, and it would be for the credit of the society, who
cell themselves " Sympathetic Sons of Ifeensony," to prove their
.• sympathy" by continuing him a member-

qt;l EN—sQUARIL
Yesterday Jame, Smtth, a private in the Coldstream Guards,
was brought butirre 1). W. tingc.ontg Esq., charged with steal-
ing a mown piece and three shillinis, the property of George
Swaim.
The complainant stated, diathermidesin the Vanzhall-road; the
prisoner was employed in repairing his house. (In Monday last,
his wife having occasion for some money, went to a drawer what
she generally places it, and mimed the silver. Sespicion fell on
tile prisoner, who was at work in the ante room; he denied the
robbery, but produced a crown piece (tbe one stoles 'Gomm could
swear to, as it had a black circle on the reverse side).
Weak, an officer, took the primer into custody; on searching
hint he found a crown piece, three shillhicisredues sixpauces.
The prisoner was fuDy committed to

MARY-LA-BONNE OFFICE.
A few days back, Wm. Britton Dyson •pplied to Mr. HositHes
for a summons against Mr. Sutton, late Yndlord of the Globe, in
Upper Baku-street, for detaining • quantity ci apparel belonging
to him.
It may be remembered, that the-complainant is the young man
who was committed to Newleate about • you and • half ago, on
the Coroner's warrant. charging him with the mode, of a young
female of the name of Elisa Anthony, to whom he had for a
length of time been paying his addresses, by throwing her into the
water near Westminster -bridge. On the trial • verdict was re-
turned, that both entered the water with the intention of 'mutually
drowning themselves, and that Dyson, after the eat immersion,
altered his mind and saved himself. The verdict thus specially re-
turned was, by the Judge, declared to be tantamount to one of
guiltv ; but, under the peculiar circumstances of the ease, • repre-
untation was made to his Majesty, who was graciously pleased to
grant hint • tires pardon. Since then, about four months ago, a
charge was preferred against him of laving attempted to violate
the person of a female relevant residing at No. S. York-place. It
appeared that at that time he raided with Mr. Salton, of the
Globe, and had been sent to the house with beer, when the liberty
complained of was taken. He was committed from this office for
Mal, and was at the last Session but one found guilty, and sen-
tenced to a month's imprisonment. This period expired • few
days back, when he come to this office and complained, that part
of the apparel which at die time of his apprehension he had left at
the house of Mr. Sutton had been withheld from him by that
gentleman. Mr. flocking declined granting a summons, but con-
Edited to allow an officer to call on Mr. Sutton, and apprise him of
the complaint that had been made; and in consequence of this
arrangement, both parties yesterday attended before Mr. tiair-
err if.
Dyson stated, that on being taken into custody by Buckeridge,
he left the whole of his apparel in • closet in the room where he
slept, and which had been since delivered into Use care of • friend,
by his direction, with the exception of certain articles in a hat be
produced.
Mr. Sutton. in reply, called forward his servant, who proved
that all the articles which could be found belonging to Dyson were
deli,, red up to his friend; and Mr. Sutton, on his own part, de.
clued that ho never went up into the men servants' room, and
therefore could not know what was there.
31r. Ga 1119 TII thought the statement made fully exonerated
Mr. Sutton. It was a case in which be had no power to interfere,
and he must therefore refer the parties to another tribunal.
Snore irri decent-looking middle-aged woman, whose
manner and style of iliseourre proved she had associated with per-
sons of respectability, was brought up on a charge of stealing a lace
cap from the shop of Mr. DOT* milliner and haberdasher, of
Charlotte-street, Fitemlaquare. The prisoner gave her name
Sarah Ikrringtoa.
The prosecutor's wife stated, that the prisoner entered their shop
that morning, and asked to look at some lace articles, which were
produced, when she contrived to abstract the cap in question. It
was immediately missed, and the prisoner pursued, and on beinl
charged with the theft, she produced the article. Its value was
seven shillingti.
The prisoner admitted the theft, but pleaded distress in tete.
nuadon. She said she had been the wife of a respectable London
merchant, who died nine years ago, leaving her a moderate cont.
petency, of which, by the treachery of one of the executors, it was
her misfortune to be defrauded. She bad since struggled hard to
maintain herself and her three children, whom she had by her hus-
band, and it was front the distress that they were in (the children
not having a morsel of bread to eat), that she had been tempted to
commit the theft of which she then stood charged.

Mr. Harris corny:slued that they were comitivally suffering from
depredations of this kind.
She was fully committed.
Our Reporter, through the medium of the gaoler. endeavoured
to learn her address, without success ; but was enabled to ascertain,
that her story about the distress of her children is not strictly true,
as she has only one with ace, the other two Wing at the house of a
relative at Norwich.