The British Press; or, Morning Literary Advertiser.
London, England, 1820-11-16 00:00:00

LAM" tnrßELlctmet.

COURT OF CITANCiRT, Liaciour's
STlssliesoiv, ltoeiusisa 15.
Tilt ealtivOitioe,le: if. THE CORMRATION•
•• OF BRIM/L.
I he Loam CHANCELLOR was occupied isi hear.
ing the further arguments of Counsel in this appeal
cure, which was pert heard last Term, at which
lime we gave a full report of the circumoninces of
it. Its Lordship rose as lialf.past one o'clock.

VICE,CHANCELLORN COURT, Ls!moues 11%
WsomesDAY, NoIIEmBER
THE EARL. OF SHAFTESBURY AND OTHERS C. HIS
GRACE THE DUKE OF HARLSORoUGH.
Mr. 11ASSION ',Wed dm this *oast, esteeption to
the Master's report on the part of the Noble be.
fendant. It trot, referred to she Mater to inguige
stood report, whether certain meadows formed it part
Par

of 11'yr-literate! -Ark, which was bequeathed by the
late Duke of Nlarlborougli to Lord Churchill, for
his life. The Master had reported that they dill
f,rrn part of the Park. hut admitted that the
(knee, on which he had funned his report, was
ambiguous.
Mr. 4t.r., lending Counsel for the Noble De.
fellation, stated that this pivots's.' arose out of the
will of the late Duke of Marlborough, and as than
will had lotto so trcently before his Honour, it was
not necessary for hint to state it. The Noble Tes-
tator bequeathed to his son, Lord Churchill, Wycha
wood l'ark, otherwise Blandfo►d Park, in the
county of Oxford, fur his life, with all lodges, build-
ing*, &c. iu the park, and all buildings and true.
lIICIIt, without the walls of the park bounded by the
river Eveoloale, and his estates on the other side of
the river to the Noble. Defendant, subject in the
appointment of a receiver. The question between
the parties was, whether eighteen acres of meadow
on the east sqle of the river formed a part of the
park,and as such was devised by the Noble Testator
to Lord Churchill ? on the part of his Noble Client
he had contend, that a wall on the west side of the
river was that boundary of the park, and on the part
of Lord Churchill it was said that an old wall on
the east sole of the river was the boundary; but the
witnesses before the Master in support of the latter
case only spoke of the park as it rusted a century
ago; but the witnesses in support of the Noble
Defendant's cast, spoke of it as it existed in inure
modern times.

The VIrE-CDANCELLOR-" The whnle differ-
ence between the parties turns OD the word bums-
duty."

Slr. BELL 'timid it did, but what they understood
to be the boundary was the river, ars stated it, the
will of the Noble 'resistor; the Mager had reported
that it only intersected the park. Under these con-
siderations he contended that the exception ought
to be allowed.

Mr. HORN 11, Counsel for Lord Churchill, said,
that the %la.tc,'a report was correct, as the property
devised to his Noble Client contained the whole of
the park, which included all within the outward
wall, as purchased from Lord Clarendon and Ro-
chester in the year 1751, and before the purchase
was concluded a case was laid before M►. Wilbra-
ham, fur hue opinion, by the Trustees of the late
Duke of Marlborough, and in looking into that
cave it would be seen, that the meadow land on the
east side of the river was contemplated in that pur-
chase; and in the will of the late Duke it is speci-
fied that he give■ the park to Lord Churchill as it
was purchased from Lord Clarendon, and that this
was the meaning of the Noble Testator there could
be no doubt of, as Lord Churchill was in possession
or between 4 and SOO acres of land out of the walls
of the park, by no other title but what hr derived
from this clause of the Noble Testator'', will, and
hi. title had never been called in question by the
Noble Defendant.
The VICE-CHANCELLOR asked Mr. Bell it that
was the case ?

Mr. BELL said he did not know; he was not in-
structed as to that point.
The N'icit-Ctt A NCELLOR observed. that it would
be better that this exception should stand over until
the next day of exceptions, and in the mean time
NI:. Bell would be able to obtain more information
on the subject. It certainly was a case, more for
the decision of a Court of Law than of Equity.
and lie would be sorry to decide it by any 'opinion
of his. without the parties did not wish to go to the
expense of trying an issue in a Court of Law. The
inclubstion of his opinion at present was certainly
liganist Loid Churchill, without other land., sitni-
lirly .disined, had passed to hint under the will of
the Noble Testator. and if • single acre had. he
dill vot see how a Court of Equity could prevent
I trona taking the 18 acres in dispute also under
the will.
Furilier consideration postponed.

•COURT OF KING'S BENCH, Nur. IS.

LEWIS V. CLEMRNT.

This was In action brought by the Plaintiff
against the Proprietor of 'the Observer for u libel, 11l
the publication of certain proceedings which took
place in the Insolvent Debtors' Court. the pawn-
tars of which have been before published.

Mr. ADOLPHUS now moved fora rule to whew
cause why the verditt found in the Sheriffs Court
should nut be set aside, and a new trial had fur the
purpose of aisesaing the damages. He f led his
arzionent on the misdirection of the Learned Serjrain
she, had presided in the Sheriffs' Court, and who
had charged the Jury to arow oat of their consi-
deratmil two !Arlo; of justification, to prove the
truth of which he hail witnesses in attendance who
were tint al:nwed to be called. finder these cir-
ciirnstance3, the Jury assessed the damages it $OOl.
Now, lie contonded, that although' those two pleas
'night ire bad to point of law, yet the evidence ought
to live beets allowtnl to go to the Jury to nsitigaiou
of ilatuag.a --Role granted.
DOE OW DEMISE OF twure L. c.tt.inn.
This via. an action of ejectment tried hi-foN the
Lord Chief Justice at the list Assizes, and turned
upon the construction to be put upuu that clause
of the statute of frauds which requires three wit-
nesses to instruments for the transfer of real prow
perty.
d
It •
appeared that the testator un_er
Plontilf claimed the tenamesit in quest.on; made
his will, and not being aware of the necessity of her-

tog 444VAisia, tt e• sub.
scr bed by two only: one of whole being appointid
executor, it was. tingedtit that he was an improper
wittivid,o•mtueb he didw bid pendheitagh hilt signa-
ture. Wiring his him, Ilisoriver, tiltlPJrytible. and
the landlord die West was caned in and sobscrib-
ed the will K his room.
Tlie.Jory found fee the legatees whatioiraird
der the will. and against the heir at hew.
Mr. W•LFORD tow moved for • Me so sheer
came why a verdict should not be entered for the
lie contended that it we. nor • question of
degree on which the Court were called upon to judo•
how many *took& of the pro ohliteroted she name
of the subscribing nitirrie, hut that the will ner•-r
was • petfirct inedurssent sabiscrilerd 'by three
credible wittleNe4l, as required by the Statute.
The I.OIID Cigna JUSTICE silted if it kepi hot
better be made into s ease, as the point was a new
tone
Mr. WA !Son) said the parties were extremely
poor, and living in lids:A.—Rule granted.
TNT KING V. DAIMON.
This Defendant being placed on the floor of the
corset to receive judgment—
ICOOPIR Md, that lie had In move the
it, no the part of the Defendant, fear a rule to
comet why the verdict should not be set aside
and • new trial grimed. He held in his hind an
affidavit of the Defendant, which, with the per.
mission of their Lordships, he would read to the
Court. and which might sender unnecessary any
°formation on hia'part. The Learned Counsel here
read the Defendant's affidavit, which pissed, thud on
his trial at Guildhall, before Mr. Justice Best, on 'he
23,1 Oct. last, be being poor and tumble to employ
Counsel. reset a written defence, some Issas of which
giving offence to the Learned Judge who tried the
cause, he was by him fitted three times—in citruses'
quence of which i.e became einba d. and at •
loss how to act, was ietunidated, sfraid to proceed.
and omitted many parts of his defesite, which he
believes would have inclined the Jury is his favour.
The affidavit event on to state the circumstances
under which the Learned Judge imposed the finer.
'rite Learned Counsel argued, that supposing the
Learned Judge had 'rower to line at 11 isi Prius, lie
was lint justified in fining for the factual' stated iii the
affidavit. Ile contended the contempt must be ex-
press, and directly tending to bring the laws into con-
; or an actual obstruction to the administra-
tion of justice. With regard to the second passage
of the Defendant's defence. for which be bud been
fined 40/. in addition to ilie former title of 201.
it epistle...li to to be no mare than an enumera-
tion Of the causes which tendril to bring the Dust
into disrepute with Christian:. He did slot under.
bike to defend the decorousness or accuracy of the
language in which the (imposition was slated, but
it seemed to him to be no more thou affirming the
truism that the Deist was nit a Christian. In the
last instance, where the Defendant was obstructed
in his defence, suet fined by the Learned Judge. it
was for stating chat the higher orders of society were
generally sceptics.
Mr. Justice BEST—Thos. were not the words.
The words were 46 The Nobility are blackleg.,
and the Bishops infidels."
Mr. Cooree said of cowse lie knew nothing of
the proceediegs, but from the affidavit which he
held in lii• hand, the commits of which he was
!mend to consider as true. If the language of the
IJlefeeilaia was such as this affidavit stated, it im-
puted no more than what 'almost every book written
in defence of ills and good order, charged On
the higher orders of society. lie had searched dili-
gently, but could find no authority fur the exercise
of the ',neer to fine by • Judge et /Vivi Pries;
but on the contrary he had found what lie consi-
dered negative authority, that no such power exi.ied.
Lord Ellenborougle in trying Eaton for • libel on
the Christian Religion, exerted himself to check the
Dereliction in the course he was taking his de.
fence. Ile at last succeeded, but the Defendant
declaring that he must then he cesideinned unheard,
the Leaned Judge, in consideration, allowed him
to begin again and read through the whole of his
paper. In iridium, to dist authority he had that
of the present Lord Chief Justice, who, in the
cases of the King against Caddy, mid the King
against IVerlderburn, had endeavoured to restrain
the Defendants from improper topics, but lied made
uo refertinee whatever to fines as a means of effect-
mg that object. It addition to those authorities,
be was ',repined to contend on principle that
more dangerous power could not be vested in a
Judge, dims the power of checking a Defendant
in Ina defence. by an accumuletion of lines. Ile
did not deny she right of the Court to check con-
tumacy in a b rreuclant, but the proper mode was
to commit the Defendant, and suspend the trial :
he would then have an opportunity of seeing his
error, and might make sulnoission, and have an
opportunity of delivering all the propel parts of his
defence to the Jury. and might °loads pis segilittel,
or at least he could not complain that Ina Iced *Ns
not fairly and justly conducted. Ile could suppose
a case, that such a Judge as its times past had exist-
ed, might be selemed by the Governineut to try a
Defelidaut fur sedition, libel, or treasoos. The
offesice might be merely a display of public spirit.
mid the defence would naturally its.unie a bold
tone. The Judge mills with the defence, and tines
the Defendant 1,000/, and threatens, on a repe-
tition of the offence, to double the fine. The De-
fendant would then have to balance between the
expediency of making his defence, and his temp-
ted rube and if he were a good man, and•happened
to have a wife and children, be would smut hesitate,
but would rather give up his defence entirely than
involve them in penury. Should the decision of
the Court esnction the doctrine, he would predict
that from that thy ts bold defeoce would never be
made. Ile had the highest possible respect for the
Leanne( Judge who tried the e,ittle ; to snake that
feeling reciprocal, he was sure there was ne inhere
effeetual way for bins than to perform with all bold-
ness and spirit what his duty required. IVith all
his respect for the Learned Judge, therefore, lie
must infer from his having remitted the fines, on
his charging the Jury. he was not esti-tied himself
that he had the power which he had exercised. He
knew that laws had been made rot the prevention
of crime, and Mr. Justice Blackstone was almost
enthusiastic so their praise, hat it was ll'oeltei daft
trine to assign ponishmeut by way of preveetisil'ef
alb a
crime.
Mr. Justice BEST said, he should pet have WI •

• 2 iF •
Siert, int tor tbs &intim:Log observation of the
Loitrited Counsel. lie never laid doubted hen otia
oroshority to isinstiag the Map and be newer should
doubt it till he wit told hello Hbtee of (")rds that
he was in error. The illtrtrVit, .scaring to lit'
rerolleetion, give o very urifiS. stateneut of what
pissed st the trial. tie k,4 retracted the fines, be.
Cause they lied operated to manna u delet4e
front the sample belted had, arearrtilete with
ey end biesnherny; and beesitie the nerestri.lot ired
aimed that they watail oprriatrUll hint as a seriieure
of perpetual inquisoinnut,
The Count PSl,l•l4rd to doubt of the power of
9 Judge sitting ut Nivi Prime to line for contempt;
but as the I)•feisrlent's Kill lavit stated circum-
shiners which hid prevented his litirstlin„.• hia
fence, of which Court could cant cairr.ei ly judge
attltput habiug the whole matter before th..fila,
granted the rule required, with she underatindlog
tliet it should he brought on to the preirilt Trutt.
TIM kilo V. C16111.11.t.
Atfill. Cathie tiorilig to CIPUrt to It-Cr:Oft itIg11:•!nt
Cur • Setll/11,U• bevel, of whicla she was enovairtrot at
she had sittings utter Tern, before Mr. jest,ce
Best, et Guildhall_
Mr. 114114, in..verl the C' Ant in arrest of judg.
anent, on the ground. that sheindn Unrnt hurl been
endorsed by the Una a true bill on Lodi
cowrie," whore in feet the indictment con.istei of
three counts.

Mr. Justice BA T LE? -fi Would it pot he the
more correct was• to move for * rule to Mkt* cruse
why the indimment 'Mold nut be quashed ; o►, in
the alternative, why judgment shuuld not lee ar-
rested?"
Mr. (Ittt. thanked his Lordship fur the guavas
tion, and moved uecordingly.
Rule emoted.

CRI sIINAI. INFORMATION.
Mr. SCARLETT unused for • role tv rhea, cruse
why a criminal inform•lioss O/old not fi ed
against Mr. John O'Brien. Ht grounded Irs ap.
Oration on the affidavit of Mr. Edwards, rrtocle
stated, that Mr. O'Brien had ols‘krn Isis stick at
him. and afterwards posted hint on the Royal
Exchange as a liar arid • coward.
Role granted.
-

INSOLVENT DEBTORS couttr,
WEDNESDAY, IS MEUSE& IS.

Robert Ileum!! alias Caplain Thompson. a very
genteel 3oung loan, wrs opposed by jr.N Christi-.
r highly rtspretrlile tradesman, residing in Poland-
street, Orford-pgreet. for rdstriiiing 'purrs from t•,c::
wider Woe reieners, and alio fu- geeing r &i.e.
address.

The Learned Counsel (%lr. Pot.t.ocu), aft •r
snaking a few observations to the Court, called a
number elf *ittieiAes to substantiate the rise.

Mr. W. Davis. being sworn, ',toted that he str:is
the acting manager of Mr. Christie's concern, ai,d
briefly observed that the Insolvent obtained the
credit he applied for, because his appearance and
rooversation were such so to induce witoriw to In•-
lieve him to he the respectable individual he repre-
sented himself. 011 inquiry, however. he found out
that the Prisoner had given a fake address.
Several other witnewies were celled, who deposed
that the Prisoner hail contracted a number ut tr;-
ding debts with them, describing himself as Coptic!,
Alive a kw remarks lay the Chief Commissioner,
the judgment of the Court•was, that the 111061 vela
1110111.1 not be discharged out of custody until tie
capitation of six wombs front the filing of lilt
petition.
Mr. Christie was immediately appointed As.
signet..

POLICE.
-.....

MANSION 11017 SE.

ILLUMINATION ROWS.

A young man, from whom a piitol hot been tak-o be so
officer OD one of the ithiminatio.% night., begged yesterday
that the Lord Mayor wrth, order it to be reaiorrd 1.. his.,
as he bad been influenced by the very g I ilisposit.on
that prevailed to let off a little peadir, as a testimony that
be participated in the public joy.
The Lord Mayor hsviug ascertained that the eftmlnet of
the applicant had not been improper on the occasion,
ceps inasmuch as be bad fired off the tit,:ol in the air, ais.l
by the explosion invited a s 'thew of courealidalion
upon the part of other*, said he should not detain the pistol. .
Hie Lordship observed, that it was with great plettmee he
perceived that the City of Lundell bad fully wises-red the
expectations (rt.erally entertained, by piturving the peace
during the rejoicings. He had caleulstid upon !mi.{ fellow.
citizens, and Coll:MOW. that the most powerful ereurdy
viaintanaing Gant oreer would he tle, determnation to ac-
compaily the will of lb.' people by hi. own pract.ce, he No
given the moire which hail hems in almost every instance
adopted. Great allowances were to be made fir eerier.
ens ebullit of the public heart; hot this üborivatiiiit
ought not to he construed into ■ sentiment which was
at all times is the mouth of those who had ■■ untwist
ba acting to the prejudice of the public goad, that be .
apeaat to justify the rooduct of a set of desperate rut.
ism, who had, uu doubt, from the very vrutia motive-,
proceeded to arts of violence, not consistent stiller wilt),
law or justice. Hi• Lordship legieited Mat _three were
some parts of the metiepuli■ which had nut to j•ryed tbe
moat complete trinquillity, notwithstanding the strait/4h-
nary care that had been taken to ai.o.t the t iv.i votive, by
mesas of another power, to which he hoped the City would
fur some time longer be a stranger. He did 'not nsean to
complitrielit the may police, bust he could not help thi•rbing
that they were perfectly qualified to keep ■nder any di.l•.,
11011 to acts of fury amongst the turbulent, wilhopit flinger.
nos cousequiiims to themselves, or lemitrieg sit from thew.,
the very appearance of whom withia the without:llv. City was
considered lit the light of an attack upuu the privileges of
its inhabitants.

SOW•VrititrT.
Yesterday Hugh Clark, the patrol who was so seriously..
wounded iu his grad and tither parts of his burly, on Moirtsy
night, by the mob assembli 41 n, nr the door of the Crown and
Anchor Tavern. Strand, and oppionite the e..iriratiiie ilropr
was in it state et ilettrium, and it was deemed prudent to re.' '
more him front the Brows Bear public-buuse to botersivate
residence.
Very few distiobances took place on ht, 'illy
11
one man was 1,11101( to the other...sod cammicse4 liim a
.... • .
pistol ht Hart-strei t
' avocet'''.
CONV!'"TIONS FOR I.IITTING (SI:F FINE 11 °KKR.
Yestsreety Mr. Abraham' tiled% of :I•At. mbena•roort.reud,
purveyor a swat to leer !tinpirtes.ings sorsiormucd 14 111:11
(Iffier, chsige.l rooter the lOtb of Willie" 111. cap
.7, irteich
KOOS to state—" That it shall hurt hr lawful rue airy person
or persons, of what &Kt or IWO, ilertrer or gestity seer. r, to
mike or eine* to be male, ee to permit or memorequebei,
rocker% serpent% or after fire.iladivilsibe car% tbsora,br
&red firms thoir.lontartt.' !!1•41 t
Wail's& a !Itimmtleet antral. Matadi that ima Tees.
a4-aiiillart Se via, with hi., parts in litetlford•spiarc, chew
lky received information (NM tatratleasan ou ben back
•