The Sun.
London, England, 1852-01-31 00:00:00

befit guilty of no misconduct whatever, and, therefore,
thy, enaticellor had to aullierity to dismiss him from ties
office.
Lard CAMPBELL—Do you with U 3 to enter iota the
Merits of the case?
Mr. FITZROY KELLY—Clearly, my Lord.
Lord CAMPBELL— rhen I ate afraid we have no power
to do so.
Sir FITZROY KELLY with greet submission, contended
167 must to some extent look to their affidavits.
Lord CAMPB,LL—Y,;u wish to contend, that the
Chancellor, although he has heard the parties, , has
Improperly decided the question, and therefore it ought
to be submitted to a jury ?
Sir FITZROY KELLY said this was the ground upon
which be moved, and, in truth, it was the only ground
upon which he could move. Well, then, he might state
generally, that the effect of the affidavit was simply that
M reference to his conduct as a judge generally, or to
4nY particular case, cothiog had occurred during the
'an or eleven months which Mr. Ranashay held the office
"Judge of the Liverpool County Court which could, in
tIY Way indicate either misconduct or incompetency in
the discharge of his dude?.
Lord CAMPBELL said, according to his present view
If the suojeet, the Court hail no jurisdiction in the
the
but they had better as3ume, for the sake
of
'"e argument, that Mr. Ratushay's conduct and capacity
*era everything that could be expected of a county
Court judge.
Sir F. KELLY said he had doge so, and that was the
reason why ha had simply stated the general effect of
!he affidavits. There being„ then, no misconduct or
Incapacity in the judge, he contended that under the
Act of Parliament tho Chancellor had no power to
remove him. If the Court was justified in granting a
("le warrauto in the case of a parish clerk who had been
dismissed by a rector, surely it had the power of sanc-
tioning the same proceeding in regard to a judge of a
county court, who hod been dismissed by the Lord
Chancellor of the Duchy of Lancaster without, as he
should allege, any sufficient cause.
Lord CAMPBELL said the practice of the Court was to
grant a certiorari or mandamus only when a fair ques-
tion was raised by the affidavits.
Sir FITZROY KELLY said the affidavits showed that
Mr. Ramshay had not been guilty of the misconduct on
the ground of which he was dismissed from the office.
lie had been deprived of an office which was important
both in point of dignity and emolument. His means
of livelihood had been taken away, and what was
of still greater moment, his character had been injured,
and this had been done by Earl Carlisle, who had no
power to administer an oath, and could not, there-
fore,t arrive at any sound or correct decision.
e might have acted entirely on false evidence,
Yet he had nO power to punish or prosecute the
Parties. When a parish clerk was dismissed
for inability or misbehaviour, he could apply to the Court,
tel on denying those allegations, it would enable him
tad try 'the question before a jury by granting an infor-
me
on in the nature of a quo warranto. Could not the
Con rt adopt the same course in regard to
the present application? He (Sir F. Kelly)
contended that neither the rector in the case
a pariah clerk, nor the Chancellor of the
Dmh„
of Lancaster in that of a county court judge,
ilwas the final judge of the officer's incompetence or nets-
, hatiour. It was certainly a very grievous thing that
11,1_341 was to be deprived of his livelihood, and
td have his reputation injured, by a tribunal which
dno jurisdiction. That there was no juris-
lotion in the Chancellor of the Duchy was clearly
liwPPltrent, because the fact of inability and misbehaviour
the
a fact precedent to the jurisdiction commencing, and
'el_l? affidavits stated there was no inability or liaise
emettviour.
„Lord CAMPBELL said be was at present of opinion
a it! t.the decision of the Chancellor was final and con-
elttetve..
air F. KELLY then detailed at some length the nature
of the proceedings previous to Mr. Ramshay's dismissal.
tle read a private letter from Earl Carlisle to Mr.
elushey, which accompanied the formal notice of his
dCetalon, stating that he still believed Mr. Ramshay
tolessed many good and great qualities, and that he
ministrations,
conferred great benefits on the community by his
uluistre.tions, bat thought he had not that degree
oft
di self-command which would enable him properly to
Mherge his duties.
L_Lord CAMPBELL thought the letter might well have
;eh considered as private, though not marked so. It
ib`Z en effort of kindness to mitigate to some extent the
dlatlings which he had inflicted on the gentleman by
!liming him from the office of judge.
the end
KELLY said there was a paragraph at
wk....? lid allowing Mr. Ramshay to make what use he
of the letter, and he only referred to the letter be-
4_se it pointed to the fact that the ground of dismissal
,4
', not incompetence but misconduct.
s
Lord
CAMPBELL, after
of the Learned Counsel's address,
teemed after a brief consultation with his
tee Brethren, said the Court would consider the ap-
egeetton, and give judgment on the 10th February.

EXCHEQUER.—(THIS DAY.)
JUDGMENTS.
HEMINGWAY V. WYNNE.
IR this case, which arose out of certain transactions
connected with the purchase of the hors® Elcho,
The COURT gave judgment this morning, intimating
that they considered there
*fol.—Rule refused, ought to be no rule for a new
The q DOBSON V. !SROCELEDANK.
411 i uestion in this case
whether the effect of
4";_il in
w
unction obtained by the daesfendant to prevent the
tlaiowas an impediment to the proceedings of the
cetiff, and whether the plaintiff was thereby relieved
phe necessity of taking the case down to trial, or
etr the injunction was merely an interruption that
...ted to exist as soon as the injunction was removed,
"('EI did not justify the plaintiff in abandoning his action.
has bar LORDSHIPS were of opinion that the plaintiff
Dio- °cued, according to the practise of the court, to
te4tl tc trial as soon as the injunction was removed.
01:01rule to enter a nonsuit would, therefore, be made
toiite, unless the plaintiff gave a peremptory under-
"g tc proceed to trial.
The n HILL V. PHILIP.
404 • ''OttliT were of opinion that the costs of inspec-
the In
the this ease ought to be paid by the party reeking
llPPlieation• —Costs of the rate to be plaintiff's costs
cause.

BA~ERKEN DAY.)
ikot ASSAULT.— William Bathampton, a most re-
Oh; 4°IY-dressed man residing in Ball's-pond, was
taos,ged before Mr. Try whitt with having committed a
of " /lolent and brutal assault upon a man of the name
Theden l'aren.
tondis. Prosecutor, who appeared in a most deplorable
Vtil."l°ll, both his eyes being blacked and his face other-
ha" teratehed and disfigured, stated that last night, as he
the tOeeeding along the Ball's. pond-road, and when:near
the prig Islington Cattle-market, ho endeavoured to pass
ho bad
and his friend; he accidentally knocked
`1
"ne el them, ho could not tell which. Before
de
me to make an apology the prisoner turned
pia it knocked him violently to the ground, and upon
Wtetting up he was knocked down three times. He
to dril;(4 drunk, although he might have had something
.tholink, but he was sober enough to know what he was
he Re did not annoy the prisoner or his friend, nor
ueat:„;B4Y that he thought that they were medical s.,u-
the; 'r°lll Guy's and that they had better go home to
tuoth
The
ere.
siEtt'T Policeman who took the defendant into custody.
thee"? that last night, about half-past eleven, he hearing
tarnerir'ea of " Murder," proceeded to the spot, when he
lioi-(1`.4 the prosecutor on the ground, and the prisoner
ot.ing him down with his left-hand, and striking him
cote the head and face with his right. The prisoner's
.Ind waistcoat we re torn in the scuffle.
The defendant, inefence, defence, stated that he and his
10,:hci where proceeding home, when the prosecutor fol-
'tiled them for a considerable distance and grossly in-
them. He called them medical students from
home
and said he thought that they had much better be
piea bed than out at that time of night. He, feeling
ulloyed certainly did turn round and strike the com-
Plaiant:
Mr. T.,,wHirr said the defendant had committed a
Nat unjustifiable assault, and had he not though
the t that
complainant was in some respects to blame be cer-
'iticly should not have dealt so leniently with the case
1,4 he now intended to do. He would fine the prisoner
'l., or in default of payment 21 days' imprisonment.
The floe was at once paid, and the defendant loft the
ti)art with his friends.

THE RUSSIANS ARE COMING r
i'7erY now and then we are haunted by an epide-
-1,141 fright in this country. Some one starts sup and
" Old Bogy! It's coming !"
Mar
At this great
tbo mspreads abroad, and the newspaper press joins in
ipanic. Some years a. go it was " The Rassians !"
tsr,„"Y are coming," said some, " through the Kat-
aat_l:, Others, " They are coming by the Darda-
tot Others " They are about to strike a blow at
hbt.andtan Empire ! They are coming through. the
"or Pass 1" A d then the Russo-phobia alarmingly
i„ • n
until it was replaced by the Franco-phobia,
Pite'ti,ll, seized upon the nation so soon as the Duke o f
fns,-,;(tlton and Sir Francis Head had penned their
Ps—ns " alarms." Tben the cry changed to " The
I3„aare coming! They are coming across from
rilo'llti„,ssßne , From Harfleur!
i From Calais !" That
,_lOO, passed by, and it has been stilled for
WCe ° the pacific influence of the Great Exhibition.
,„at t 3'
he next alarm may be, who knows? Perhaps
Itylhe Russians" again! Something in the Old Bogy
Unti from afar off. Yet " The Russians" are „
among us,
th, know it not; or if not Russians or Cossacks,
Lot' something even more dangerous. They are :le n
kismrte ni(ist! Ia the streets! In the bye-lines! In t
the do..tillaces! ln , prisons! Everywhere! We mean
ugernus classes; in other words, the uncared-ffor.
15'1„8,-, Whom welt-conditioned people shun, whom
sayiii""ceteen and police-courts know anything or cars
eu
itlseionlg abnut. These are "The Russians" who have
to btsul invaded our great towns and cities, and who are
woods in even moire country-pkces, scouring the
°ioaQll at Inirinight fur game. Many of them occa-
Nr ' nu their way into the workhouse, but hatin
Nii,i4l4t as they do, these Cossacks of civilization prefer g
till,et,erinv, abroad in all the freedom of vicious igno-
--Eliza Cook's Journal,
tsn
th,i'tz. Enucamors.—The report of the Committee
bstion of nos of Court is prepared, with the unanimous appro-
ißoat 48 members, and it merely waits their collective
thanire for. publication. The committee is composed of
were
_ta thirty of the highest names in the profession, and
471erstand it recommends a very stringent examination
by " future candidates for admission to the bar. Sanctioned
soti 4.4ejl authority, the recommendation must he adopted.
(I,cw days Since a soldier, belonging to he garris
rale: Alai% presented his musket in joke'at- eof
his em-
it, batha•nd pulled the trigger ; unfortunately, without noticing
104 sd taken up a wrong-musket, which - happened 'to be
fuecl, and the ball entering his comrade' head, killed him
"sipcisq.-krene/i wiper,
_