The National Register.
London, England, 1821-12-03 00:00:00

LAW INTELLIGENCE.

Seals, Rehearings, Appeals, and Petitions, befor, the Lard
Chancellor, iffier Alliehaelmas Term, 1621.
Wednesday, December 5, First Seal, Thursday, Friday, and
Saturday, Rehearings and Appeals.
Monday, December 10, Second Seal, Tuesday, Wednesday, and
Thursday, Rehearings and Appeals.
Friday, December 14, Third Seal, Saturday, Monday, and
Tuesday. Rehearings and Appeals.
Wednesday, December 19, Fou.th Seal , Thursday, Petitions.
N. B. The Lord Chancellor hears Bankrupt Petitions w-day,
and will daily, until the First Seal.
Seale, Causes, Pd as, Demurrers, Eseeptions, farther direittionla
and Petition., before the Vice Chancellor, ails( Michaele**,
Term, 1821.
First Seal, Wednesday, December 5, Motions; Thursday,Friday
and Saturday, Causes.
Second Seal, Monday, December 10, Motions; Tuesday, Wed-
nesday, and Thursday, Causes.
Third Seal, Friday, Deweniber 14, Motions; Saturday, Mon..
day, and Tuesday, Caubos, Demurrers, Exception 4
and further directions.
Fourth Seal, Wednesday, December lg. Motions ; Thursday,
Petitions.

COURT OF KINCS
M(1 'AY, Nlll/. !..:1).
The Court was much 11.1 UN ilea fin. day, iii expoefation
of the judgment on the Rev. R. ILacow land Unlet.
Justice sat at Nisi Prins NOOII Mill I and tried
I undefended cause!, Mr. Jindiee lica, at eievcti
o'clock, heat d motions.

7141 *IN* V. U. GRAVEN, AND U AND S. A. ~No*p6;S.

The defendants, on the motioai of Mir. Srarlett, weir
brought into Coon to receive judgment for peritity.-..
They swore to a debt of I t,ofOl. betute the Cutioilksitm,r,,
tinder their bankruptcy, AS being due to them tom their
brother, Mr. Witham Davy; and it appeared, 11.. at ter
from owing the defendants moue y,lie hail lent them GOAL
and way their creditor to that amount. It was imputed to
them that they imUted Mr. Davy to join with thorn in
eo 11111 l img a fraud on their vredmits, and on his refusal
they maliciously swore to a debt of large amount, for the
purpose of procuring his iinpt ismotitent.
Mr. Adolphus addle-sod the Court in mitigation of
pa-
uishment. The defendants he tiesmitted to have been
persons in a large way of Int.litemi, at Plymouth. The)
bad been reduced, by mistOrttents, to great dist' ess and
misery, so notch so, Mat Ilse wife of one al• them put an
end to her tittleritigs, by walktog into the sea with a child
in her arms, and both pet fished.
Mr. Searleit was heat d in aggravation on a former day.
Mr. Jiealee Bay's y delivered the judgment of the
Court, and, slits e 1111111 l rifling uta the enuatoily of the
offence, menteuct•il the drli•udauts to be imps 'suited in the
House of Correction, Culatballa heads, f.,ar uuc 111011111, Mid
at the espitation of that WSW be transported ear beSta
year y.
The Grand Joey of the romity WAS discharged by
Judge Ita)jey on the usual let use..
1,11:1•11. L PON MA( t.,111S 1%1 lES ry.

IHe I. 'file eV,. 0.
MI. Dcllol.lo. —1 have to pray 31101' 1..0111I001)... judg-
ment 011011 tile it:C11.11'11 ithelow.
1-11,- del. 101010 having apin'ai (Al WI the fluor Ili the
C 1,
Mr Joatice 11 olsny d. her...to whom the informal...li
ogniso4 the defendant s. lea nt ii,, last d‘sleeS at 1.411-
CelSit p oVvv.ied 10 Is of hi, 1016. ul tilt cane 1 11010
141111.16 II 11101 Ike n,111414611, 111 610 411101 ul
cies Lyman, and hunt the pow, tit st. .1011eli, at
1..• et ti. the 00111-e 01 it -.Vl'lllOll Nhilull he. WOl 11091
in caviling. d....eten 111 e follow ilig, Iwcl of .14.1 coned min;
hr. late
'• I Iln telw cwearelly. which they 11/110 now laid to ma
charge, l Iltit.k you nih do inc the pen lee In 44y, doses (Jul
llwdong to NW; 16.11 It cling N.Ol never •n iiiiii Ate ot toy
41111001 %Hen di.. J.54.01141i. 11111e1 utonald us Awn
All 'bear tiny
maid iVielwises. Tile irate, indeed, 61 11161..1 be ado a ed,
bile.- war tratoso ammo tnem Alen mute Indtoos mud 011-
g waling 10OP Ilse J.teul/111. 'Joey toll (10%11
mud Aeons:tipped ilietV.ddeAt mosl teapeetahle
amfoloceut 061 uf (OWIOIII4OI *Oh Mgt *luck the

THE NATIONAL REGISTER

Radicals have net up as the idol of their worship. They
havr elevated the Guiltless of Lust on the pedestal of
/4114111 r, as olttect of all o•hers the most congenial to their
taste, toe most dest a v *tog of Ott it hootatte, the most worthy
of their adoration. At • r exhibiting her claims to their
fagots., to two distant goalie's ui the globe, after t•nnt-
passntd sea and land with her guilty pal 411101 Ir, to grittily
to the full her Our lite desires, and even polluting the holy
se poach' e it,elf with her presence, to which she was Car-
ried io mock inart,t) n n ide upon an ass, site returned to
this hallowed soil so hardened in sin, so bionzed with
intaiety, so rallons to eve ry feeling of &Tetley or orshanie,
as to 40 Oil Sunday irst, (Atoned ua the 111;11111e of adultery,
to kneel shoo it at tine dad' of 11141 God, %in is of purer
eyes lions to behold putty,' when she ought rather to
hate stood bat etoot in the aisle, covered %tilt a sheet a•
white as tins tttttt ed snow, donig penance for her sins !
Till this had been done, 1 would never have defiled nay
hands by lancing the sacred symbols in hers; and Ikis
site would have been bound to do in those good old

ays when church discipline was in its pristine signor and
activity."
The publication of the libel having been proved, the
defendant was found gushy.
he Cilia Justice, addressing himself to Mr. !nacos',
asked I f lie hail any affidavit which lie was desirous
of Nolooilliiit; to the Cowl ?
Mr. Inacow.—None, nt, Lord.
Tile ClnelJustice.—Ali. De 1111 l au, have yon any affida-
vits ?
Mr. De an.—No, my Lord; as the defendant Edicts
no affidavit neither shall I.
The Chief J native. —l-14, the defendant any thing to
offer in mitigation of puisislentiit ?
Mr. Illacow.—\u, uty Lund; nothing whatever.
Ms. De 1111 l dn.—VH(lyr the ciil.lllllO4llEVIl in which this
ease stands, my Lind, I ceitaiiiiy .hall nut trespass on the
of the Court.
Mi. Biongliam.—l really feel it unnecessary to address
many words to your Lordships. You have bean' the
libel read, of which the defeisilaiit has been couvicted—
but
your lwndship,bast nut braid the defence which lie
made for himself upon his trial, and I will venture to say,
that there never was 111 this ruwllry t xhibileil a /Weinr no
indecorous—so &wailing to the 0141'44.'11 r of man, and
snore especially to the character of a chit gy undo —a scene
distingaislied by the utteiance of such base and Soul ca-
bs 1111 l ies.

Ntr. Justice Best.—Thls is not repeated on the notes
which have been real to the Court. _ . _

Mr. that very reason I wish to-inform
your Lordships of what did actually occur, and I appeal
to the trained Judge by whom the case was tried, with
great effect, whether lie ever witnessed a iiivre disgraceful
exhibition in a court of justice? As to the libel itself, it
is suificient for me, in preparing the judgment of the
Court, to request your Lordships attention to the glanders
—the vile, gloss, and indecent glanders, of which that
libel is composed; and which were deliveied by a cler-
gyman of the Church of 'England from the pulpit, in his
VW:411011 01 31iiiisier of flu• Gospel, 44 well as to flue tact
that it is nut the first time of this man hating been con-
victed of a similar offence.

Mr. Justice Rest.—Have you an affidavit of this?
Mr. brougham.—L have, us) bud. The sentence or :he
Cotti t %ill be found upon lib tiler, a it t have an aititlavit
to wove tsar the deteiniant t. tlie petsou who was con-
victed and received that sentence. If the Cunt t snail
think tit, I will put it in.
Mi. Justice Best.— ibis affidavit should have been read
beim t, in order to attuid the defendant au uppui tunny of
reply.
Mr. Brougham—l have not the smallest objection that
the derciitiasil. ,Itutiltl be permitted 111 reply.
The Chief J tis:ice.—lii point of regulanth this affidavit
ought to iinvt: been read before the defence was called
upon. he affidavits uu both sides should be read in the
tint instance. _ _ .

Mr. Broughton.—My Lords, I feel it quite unnecessary to
trouble the coast by A g, bo kto the former case. Your
Lordships .re tile teuor sit the Von know Inc
character which tae party, l cannot say dives—lout which
lie ought to support—toe ovcasoun upon vi awn this It bet nus
pu.ili,itcd, and the person to whim: ii applied: Sisal this de-
fend int is sine of those individuals who ate eis„ii,ed w a cosi-
spiral:), for the put pose in propagatin„ °peat!) as will .ts sit
secret, the vilest slatiders w iti is it is possottle fur the human
imagination to invent, and to heap upon public and private
chioacter every aim ,e which nary appear cal Waled to
serve their protiogute purpose., as writ as tiros *au are
Octet unued to listen to and give counteintoce to such
cation/tors. .1 be latter are uot less char:tete, lased it hull the
formes 0) asitligasty in base tinte-serving, altlii.ough toe lot mei
may have less pruileoce In thi ir tli.sitrii,—as I think has been
iu.,de to appear - the whole course of this case. The
defesadaia lots come for Kurd upon tins occasion—not to apo-
lovae tor tile publication urth which he Maims charged,
but to aggravate it by no: rahtbuion of udd )) ioo nai multgoott) ;
and tor mow uppeats, in the lust stage of the proceeding,
courtiat.;, its lie did sin his trial, the igt 00000 iiiit widened to to
conduct, and braving tile puntsimicut due to ills offences—l
!low leave o.ai la toe judgment and to the justice of your
Luitisitips, satisfied ~ou will feel yourselves hou.al, regardiiig
oar situation in whirl] lie stautle, to pass that foriliellee Which,
uudtr all tile circumstances, his cmuie shalt app,ur to
deserve. It would he superfluous to make any further re-
mark I shall therefore slot add one word -e.

justice Bayley then procireded to pit.” veuieuce oil the
defendant Os the following words t•—tt Is my liana-Ist duty to
he coiled upon to pans on you, aiLigyttialt of the churcis of
England, the sentence of tam court lOU a libel, first uttered
by you au a place net apart fur very dilltrent purpie.en, 1111.1
ait..ro aids printed and 11(1111iSliell OS part of a n 4.11113011 prc.ic
In the clutch 111 St. ftLit 1.. It it in itself a eel y great evil,
that It plat, so should be perverted to such purposes.
Ii 10 Vast been wills very iit teetotal, that the
mina, nit tuose wuu attended should have been iniillirtined,
our n 1101,11.1 )011, 40111 SOIMIIIII au oCe.l-11/11, 11:11/e mingled
with C 111,11.411 111.11.11.11011, 1111.. OIIttIVAIIIIII% upulllivlttg clut-
raiders. Ile all have sudicieut faults of our nail to correct,
without rulunleuling upon the tcaills 111 Mauer. ba in 110
small aggiavaittin to the Cane, 111x1 1/0 1,111 d slot ex ISt an
1.1.4111 i 11l it, tit °piano' 1.111 Ills topic toot in lite butiject of
this Bbll. Ji was, liserefote, at the time yua 111e1.1111.11111
eiLICWl.lled 1.. pn.duer doiletent treliino in clitlerc sit wools;
bbl no sue' t..C11110.11 MIA hi to prevail to a house of 1:110,11:111
ucvlop. 'lnc iiiitare of the place it nog of the veto
,1111 g. to loch ;Live% to II a teitture of pecu-
liar 11A,J1,105111.111. I
mast nay you have ex. retied A Nine
Cltllll.l 111 51441114 or. I:iied lo uder a..y tutor, Ms day tu no-
ttiotion at the e of Which you have been vuuvicled ;
and 1 Waite that 111.11.111.10 Ilion 'trove front tl coovictiou, that
uu looking back to your conduct, you rats smiting so it tut

Y

•

which you could m01•r nny defence. The sentence of the
Court an you is, that you pay to the King a hue of One Hun.
Bred Pimp.ls on b committed In the eua•,d) ut the
marsh,' of the klarsheisen, for till term of ids c:Otnitl.tr
ulopit:l4 ; at the cygniaiiiiii of which you shall enter into
Amalie•; to keep the peace the rave )rari, %outwit' in the sum
a 5001. and inn sureties in the i•uin ut 100.. each.

'file pi thinly'. immediately retsied in the cu.tody of the
ollicer of the coml.

TUESDAY, NOY. 27.

In the matter of COL. EDWARD 13411.1 E v. THE MAE.HAL

OF TUE MAIOLALSEA.

Mr. Gurney spewed cause against a rule obtained last
year, calling on the Alarshal of the King's Bench to an-
swer to an affidavit made by Colonel Ba .le, a puisouct
the King's Bench.
The affidavit of Col. Bailie mated, that On the night of
the bill of December, Its.io, he was disturbed by a noise
in the collier...room, over which lie occupied an apartment.
The disturbance was I enewed, not frillibtaiiiiing a ruins
plaint to the Alarshal, but obtained nu I edtess„
nights after, they sang an ;unfree"( song, every veer of
which ended with the name of Bailie. The deponent went
down to the collee-room to remonstrate, and was • . Berl
by eersmis there. A Col. Mead said he way too `rude.
wan, and challenged him. The insults he received were
supposed to be occasioned by the citclititstiiiire or being
a relation to Lind Lunilunder y. The deponent made
arritient application to the Marshal, but could iintain no
redress. tie described the pi turn to ire badly conducted.
The greatest irregularity prevailed in the •rior, KIM
many prisoners were deterred from santiotig known corrupt
liriteliCeS Ili the prison from the want of pecuniary
and the di cad of toeing mai kelt men.
The affidavit of Mr. „lours staled, that Col. Bailie was
received into his custody in July last year, slid being
informed that he was vevii out of the rules, he, by 'tem e
of one of the Colonel's stitches, ordered hull to be cotilitittl
within the walls tot the pnsou. Ile never had any 1'11:J11C'
with litisi, but did all he could to accommodate. When
he heard of the complaint, lie made inquiry into the sun-
ject, and was told ilie only pel4llll aro egtilar was Colonel
Bailie I • self, who had been told by Poole to leave the
*par tinent lie occupied, but lie refused. The deponent
Poole, and fluting upon examination there was
faint nit both sides, he endeavoured to reconcile Colonel
Bailie anti Cid. Mr ail, but nothing would "'mkt.) Colonel
Bailee but committing Col. Mead to the county gain.
The affidavit of Mr. BrOnClitill stated, that lie had been
seven years hinder Marshal, and he never heat., Miring
that time, any well-founded complaint against slii-
Another atti•lavit stated, that Colonel Bailie decl4B tit
he would lie revenged of the Marshal lot refusing to admit
lam to the tides alter he 11411 (Meted undeniable security,
Linder all the circumstances, Mr. Germ", coilleilili d
that there was no foundation fur the appliceition.
. .

On tile &Mucci of the charge of non residence in the
prison, the Marshal made another affidavit, stating, that
lie had resitl:4l a short distance from the plitlolll, bat 11.111
&lAN'S attended from ten in the 11101 gto three i that
he never left the prison mild lie heard all complaints, and
always remained all might in the prison, when their was
the least necessity. He had been Malsit.tl too tug the time
of Load Kenyon and Lord Ellenborough, and hail always
the sanctton of those Judges. During the whole iime from
Lord Momyon's appointment mini Lunt Ellentiortingli's
resignation, lie hail invariably and constanity attended at
Nisi thins. Finding that his Lundy increased, he some
years ago purchased a !tense at Putney, for their health as
well AN hi, own. He was oily tour or rive miles hewn the
prison, and could always rearil it in one Mita, or all hour
and a half. He had received sip waids ol .4ti,trotl pi Isom, s
under his charge, and had never neard any prisueer cum-
plain of his non.resiolidice.
Mi. Lsiiipirell, on toe saws side, observed, that if the
Cunt t stele of up: nemMl. Jones did not reside sufficiently
within tile walls, lie should renounce the indulgence. lle
trusted the Cum t would look at this application 4111.01111ded
ill timbre. _ .

Mt. II Cooper, in support of the rule, said, he felt the
lull weight el the ;Divot lance of this case. Ile was to
contend that the atiitlat its of Cul. Bailie and others, were
Allan 111 ell mute loosely than any he ever !Ward. He de—
delisted, as the reps esentative tit Col. Bathe, to notice the
charges of to retolarity made arfaiust that gentleman. He
(Cul. bathe) was a colonel in the West Mititliesea
and was related to uue of the tined. honourable families in
England, the thcbritlge family. Mr. Cooper adverted 10
llie dial ages aioisist Use Elswurthy alld Haunts-
ter had rooms oat the pi isuu, winch they were tit the habit
of cutitantly letting out. 'flies., tUullta wete never chuned.
CUIVIII 41111 Peekli.nuu, u her uitict, , had the same ptirt-
leges. It was 'input's's' that itu towns should be %%nitwit
Waimea. because a drunken cooler or mike', nut having ally
other riltollls,llllolt be ceattsrd on Cul. Halley.
Mr. Jtentec.lest.—.here is nu danger of that, NIG
Cooper, when they Call pay two p Is Utile a %Uri out
of thell el ed.tUrs' 11101Ity.

Mr. Cooper, in continuation.—With respect to the
cohee-houses„ it was important they should be well con-
ducted, o'.lierwise they would bevoine pest-houses, ta
spread vice and contagion outside the walls of the prison
I he Marshal was eithir ignorant of what was gum:: on, or
there: was .1 criminal ColllllVititee via the part or those tv 110,e
dirty it was to report the irregulat ity. The Marshal load
examined the parties apart. Wiry did he do brat? The
Alarstial knew the parties t•Itt111141 be confronted. The
Judge iii itairelars would hear the arg •ists oil both
sides, and retire to his closet to throw the dice box—the
party which had the greatest tier of spots was right.
the Marshal did nut even tesurt to that mode of justice,
out
twit nu justice could arise.-011 the subject of nun-rest-
deuce lit cited the words of a committee appointed to
examine the prison. They repotted that it was unconsti•
national to allow the Marshal to delegate his duties to
deputy. The liberty of YO,INfd Englishmen might be
intrusted to the Maislial,and the did ies he had to discharge
were too inipui taut to devolve on it deputy. In the case
of Bryant, the petal/II who OUtiltiletl fns temoval was Mr.
Jones 1 elf, on the very ground of aon-residence. He
Was kitaellalrged Olt the relation of the very man agatust
WllOlll the et/11104111i was this day made. The Muskat
could nisi be ig .ant of the necessity to reside in the
own. Colonel Bathe hail see ved Inv country in a high
station, but aleace Ms confinement lie has done his country
gloat benefit. Tire abuses lie has brought before flie
coin t would no luirger exist. The court n °old do justice
as the echo followed sound. The public certainly required
the court to do their duty.
Mr. Justice Beat.—lt is not for us to regard what the

public cxpeet ; we will do our duty, and I never will sit
and hear the• opiiiion of the public held out al a threat.
Mr. Coul•er idist.l veil, that lie had no intention to
threau•u the court ; his object was only to siege consitii-
tional as guineuts, wiihout any intention to °trend the
court.

Mr, Chill y, on the Panic 5111 e, contended, that the deputy
was not to hove the direction of the important duties of
the Marshal.

The Chief Justice, after sante consultation on the
bench, said, the court, looking at the affidavits, would
make a rule to-morrow, for regulation on the subject
brought under notice

THIC KING Y. THE WEST MIDDLESEX WATERWORKS.
Mr. Searlett opposed a rule for a mandamus, calling
on the Company of the West Middlesex Water-works to
ill" cause why they do not supply water at the rates
originally paid.
The Court were of opinion the rule could not be made
absolute. They had nu informatiou with respect to what
would be reasonable rates for the water supplied, conse-
quently lisr Court could not order this Company to make
reasonable rates. The only apposite remedy was apple-
eatiou to Parliament. The establishment of a maximum
of price 'night remove all disputes.
Ituie discharged.
WEDNESDAY, NOV. 28.
The Lord Chief J tastier , on coining into Court observed,
that it was he wish of the Judges to extend the sit-
ting this they to a late hour, and it would he conveilieut
to postpone all matters likely to occupy much time, unto
the adjournment day, which was fixed for the 10111 of
January.
THE LATE MANCHESTER MEETING.