The British Press; or, Morning Literary Advertiser.
London, England, 1826-06-15 00:00:00

defendants, who claimed to be Mayor, and the imam! other de.
fendants, claiming to be the Bailiffs of the borough of Alonnniu.;
to shew wise why a mandamus should not issue, eonimsrd..
them to deliver up to Dr. Robert Bevan, and several other per.or,
who claimed to he the only properly constituted Mayor and Ba ;.!!,
of the Corporation of the said borough, the books. shunime..t,
keys, chests, and Insignia belonging to the said Corp( ration.
Mr. Al ARRYATT this day shelved cause against the rule. Er...,
if the persons making the present application had been duly a.,.
pointed, it did not follow that they were entitled to have a mand.i'.
mats for the records of the Corporation ; but he should !thew th.t.
Dr. Bevan and the other persona acting with him were not propel'.,
elected, and that they, therefore, had no right to the possession
the docurneuts they sought to obtain. The Learned Counsel then
entered into an historical detail of the proceedings of the borou..l
of Monmouth, which it seemed had not been under the jurtsdiei,Z%
of a regularly constituted body of Magistrates Circe the year 1822.:
and afterwards stated from his affidavits what was the troll:,
mode of electing the Mrtyor and other officers, as prescribed be
chatter, when he was interrupted by
Mr. Justice liavr.r.Y, who suggested that if the mandarr-s
were to issue, the defendants could thereupon return that J,
Bevan and the other persons were not duly elected. and :hen a.,
parties would have an opportunity to try the question.
Mr. AIARRYATT had no objection to that course.
The rule was accordingly made absolute.

BUSINESS OF THE COURT.
Mr. Justice BAY! E Y stated, for the information of Cou7sei.
the Judges who would sit after Term, by virtue of his 313 x.
warrant, had determined to take
Country new trials—On Thursday.
Deniurrers—Friday.
Crown paper—Saturday.
Country new trials—Monday, Tuesday, and B'ednesdar
The special paper—Thorsday and Friday.
Crown paper—Saturday.
This being the last day of Term, the Court sat till half-past
o'clock.

COURT OF COMMON PLEAS, WEDNESDAY, JUNE is

BIAGI( I. WELLESLFY

Mr. Sergeant SPANKIE had obtained a rule on a previous di,.
calling on the plaintiff to show cause why this trial should nut be
postponed fill the sittings after next Michaelmns Term, on account
of the absence of some material witnesses in Italy.
Mr. Sergeant VAVOJIAN now showed cause against the rule, ot,
affidavit. 'fhis was a case of great iintortance to the plaintiff', a,
regarded his character, his pate of mind, and all that was dear to
' !din. The cause was to have been tried at the Sittings after la,;
Easter Term, when it was postponed by application on the affd.ot:
of the defendant, which set out that it was necessary he should be
able to produce certain papers in the possession of a notary a•
Naples. The nature of these papers, however, was not explained:
it was not shown that they would bear at all on this case; be: e.
they did, the defendant had plenty of time since lie had receive!
notice of trial to obtain them. The same observation would apple
to the witnesses, who, it was said, could not be got to this country.
The statement in the affidat its, regarding the witnesses, was cuti.
ous enough. The defendant said that they, being gentlemen, some
of them of distinction. could not be expected to run the risk of
passing the l'ontine marshes, and the Campagna di Roma. at a
son when the disease peculiar to these places was retest prevalent
Surely the defendant could have obtained his documents at lea.%
Couriers were in the habit of passing these towns, and the piped
surely would not have been infected. On the part of the plaintiff
there was an affidavit in answer to this, stating that there eat art
eastern or upper road, which the witnesses might take. One of the
witnesses was wanted to contradict some supposed libellous remotes,
which had appeared in the public papers, and which the defendant
feared might have excited a prejudice against him ; but this was
evidence which could not be received. Whatever these rumours
were, they had their origin front affidavits made in the Court of
Chancery; the plaintiff had not in any way caused their circulation.
Then, it was said, that there had been smne official communication
with Sir Charles Stewart, who had opportunities of making certain
observations at the Palais Royal ; but this was idle and absurd.•
The affidavit on the part of the defendant said there was no fan-
dation for the asserted ill health of the plaintiff; but there was
another affidavit on the part of the plaintiff', which distinctly stated
that the plaintiff was in a very precarious state ; his lungs were
affected, and in fact he was certainly afflicted with a pulmonary
consumption. L'nder these circumstances Mr. Sergeant Vaughan
hoped the Court would discharge the rule.
Mr. Sergeant SPANK IE argued in support of the rule. The dr-
fendent did not suppose that the plaintiff had in any way lent him.
self to the circulation of the reports referred to; but they were
nevertheless injurious. The defendant had not en opportunity of
compelling the appearance of those gentlemen by aubpcena, they
being on the Continent. It was said that there had been sufficient
time to obtain them ; but the affidavit set forth that it was only
just discovered that the evidence of three of the witnesses was ma-
teriat.

The COURT said this was the last time they would postpone a
trial, on account of a prejudice being excited by newspaper report:
the better way would be to leave the parties injured to brine an
action against those with whom the injury might originate. They
considered that the defendant had trifled with the Court hr the
course he had pursued ; but as he said there was some evidence
which was material, rather than it should hereafter appear that the
verdict might have been different, if he had had an opportunity of
bringing his evidence forward, they would consent to make the
rule absolute.

The rule was then made absolute, the defendant paying the costs.
and with an understanding that the suit should not abate by :he
death of the plaintiff, or that judgment should be entered num
tune.

SHIPPING INTELLIGENCE.

LIVERPOOL, Tv _ 7vits_l3.

Arrived the William Brown, —, from New Orleans ; sailed from
Bailee, Ist May.
Salted 12th June, the Dalhousie Castle, Walton, for New Yak
Islam, Campbell. for Barbadoes.
. _

The. Lady'Digby, Wood, from Liverpool for Quebec, was spoken,:'!
lune, In lat. 4s. SO. long. 20.
Hotspur, Bragg, from Liverpool, bus arrived at Newfoundland, in twenty

Hibernia, Way, from Liverpbol for Newfoundland, was spoken, .nth
May, in long. SG.

LIVERPOOL CORN-EXCHANGE, TUESDAY, Just 13.

This day's market has been thinly attended by the buyers seneralN •
no doubt in aurae measure oulng to the general election. 'I he t :other
supplies of grain ►re small. In Wheat ► fair business has been done. and
tine English may be noted 3d. higher. Irish Wheat him supported hot
week's prices, and prime Danttlg Is held at Ios. per 70lb. Flour we quote
Is. per uek dearer. Oats In demand, at an advance of 2d. on last ureic's
prices. In other articles no alteration,.

GRAIN.

Peas per qr.
s. d. s. d
White ...... . . 44 0 4:1
Grey, 34 0 96 t
Maple 42 0 45
Beans per Qr.
English, 43 0 45 0
Foreign
Indian Corn, per qr 38 0 40 0