The Sun.
London, England, 1806-02-13 00:00:00

NIGUOLSON AND WIFE V. PARKER.

Sir V. Glits.shewed cause against a Rule obtain-
ed by Mr. Astor, calling on the Defendant to chew
cause why a writ of prohibition should not istie,
dire&ed to the Judge of the Ecclesiastical Court.—
The Learned Counsel said, this was an aaion for
slander, in which words of a very gross
,nature had
passed between the wife of the Plaintiff and'the De-
fendant. The case assimilated to that Of Hunt v.
Jones, where slanderous words s'poken. by, the De-
fendant had prevented a Gentleman of fortune from
marrying the Plaintiff. The Learned Counsel 'added,
that if any chastisement were to tie infliaed upon the
Defendant, the Ecclesiastical 'Carlo was coMpetent,
and not less willing than their Lordships.
Mr. ABBOT, in‘.support of the Mille, objeted to
the jurisdiaion of the Spiritual Court; and their
Lordships concurring in opinion, the Rule was made
absolute.

MANDAMDS TO THE COMMISSIONERS OF LAND-TAX
FOR THE TOWN OF WAKEFIELD, YORKSHIRE.

. Mr. WOOD applied to the Court for a Mandamus
to the abae Commissioners, direling them to ap-:
point a
.Gentleman of the name of Smith to be
their...clerk, he having been duly eleaed.

The Court were of opinion that Mr. Smith hav-
ing been eleOed by majority of votes, in case of
the non-payment of his salary by the Commission-
ers, Might maintain an AiStion at Law, and therefore
dismissed the application.

THE KING V. MARGETS.

This person had been indieted for making a false
affidavit, with a view of obtaining his discharge un- •
der .the Insolvent A&.

• Mr. GASELEE this day-applied to their Lordships
for a Rule to shew cause. -whylresh interrogatories
should not be exhibited against. the Defendant; and
an, accomplice of the name of Obenham, 7.‘-has
confined at the same titne with the- Defendant in
the King'S Bench Prison.
On account of the informality of the affidavit upon
Which the Motion was-made, their Lordship refused
the objetSt of the application.

examined. ftkithem, and had €,artna ate express
authority, 11101 WAs to be fotind in a book
eti-
titled', The VraOice and flutes of be Courts of Ding's
Bench *sand Common ~ by Mr. Prothonotary
George (.).00k,.,page 135. Here his Lordship read-
the: whole of that entry, .by which it appeared that.
the constant pra6tice of .the 0 Court of COmmon
Pleas was That where the"Dotendant is Super-'
ed • -
sed for want,or proceeding to judgment, the Plain
• tiff may afterwards proceed to judgment,.huct take
the Defendant in execution therein,; .but if the De-
fendant be superseded for_want of being (barged, in
execution (:vhich was the case, now hefore the Court) •
he shall not *afterwards -be Jaken in execution."-,-
Upon these authorities, the,Court was of opinion that
the Defendant Could not be, taken again in this case, _
he haVing been 'once dis Charged after judgment, and
that for want of being charged in execution;, for al-
though this Note. of Mr.: Pr,Athonutary. Cook ap-
plied to, the pra6tiCe of the COLIMIOII Pleas, yet
geared to have been.de-cided.,upon consultation with
the court of King's Bench,:and therefore, must .be
*taken to be. 'the praaiceof both Courts ;. for these
reasons, the Rule fOr discharging, 04q Defendant
most be made absOlute, and, as, it was An irregu-
larity in the proCeedings, it 'mist be with costs.
Mt. WOOD said, he hoped the Court would dire&
that the Defendant, .in this case, should •not bring
any aaion for false imprisonment..
Mr._
in obScrved, that his 'Client was only
agent the business, ..d could not undertake that
Matter. . • *

.".71\ir..fitstice.LAWIIENCE---r“ Then the COurt
, •
snspend the Rule until he does." Upon which

Mr. Wtot.F.,y undertook that no aaion should bo
brouo-ht,,and the Rule for the Defend4nt,'s discharge
was wade plasolute. •

•
An Inquisition was' taken on
,Tpesday eyening- at
016 King's Arms, onthe Aaon.road,
,on the body
Of James Winterbern, who was 4und dead on .the
preceding evening, in 'a lane adj9iningthe,turnoike
road. It appeared in evidence, that the deceased
was a respectable e--,lnd wealthy farmer at a village in
Hertfordshire, and that be left 'his-home for town
on horseback on Monday. The cause of his death=
could tidt be aScertained: the only evidence adduced
was- thk of a Waggoner of the name of 13Yng, who
found the body. He stated; that the, deceased 'was
in a ditch, 'arid the horse he' had rdde was, standing
by 'him with the bridle broke, and the saddle, Whieh
was dirty, had only one stirrup. The debeased, it
appeared, was often drunk. The *Tiny concluded
•
that his death was accidental.
PUBLIC-OFFICE, MAR LE OR OUGH-STRER4'.7rorTip.
masSitith, a lad of about 16 yearsof age, was; c,Carg,-
ed on suspicion of stealing a silver watch; out of the
cabin of a barge on the Paddington. Canal, where he
had hired himself as' a labourer: ---He was not seen
to steal the watch, and the person to whom it was
-offereld id pawn could not eitheridentify the person
or the watch ; but sooner than the risk of a
criminal prosecutiori, he offered to enter. into the
Royal Marines, which tiaras agreed to.
Bow
S-rit:i..7--In consequence. of a Mr. Elgar
being hustled 'a'..few:days since, awl robbed of pro-
perty to the aniount. of 1001. i thp nei4-hhourhood
of Bond-street, Miller, Young .Crocker, .and. two
other Officers, went' on Tuesday, afternoon to the
spot, for the purpose of making observation; ,they
took their station in apublic-hOuse Commanding a
good view:
_of; the street, where
.they had, not re-
mained many minutes before Long Clark and ,his
gang. appeared, consisting of
Dick Hilliard, :and,Joe Evans the Officers (to use
a techniCal phrase) bolted out. of-the hen, grabbed
the whole of -them, 'and took them to a public-
house, in order to search them ; after which Crocker
went to pro Cure two .Iraekney coaches to convey them
to the Office : in his way he met the -well-knoWn
filer. Dew, an active leader df another gang of these
daring robber's; -Whont he secured. In the'evening
the whole of them were-brought before
,Mr. BOND,
the Sitting Maoistritte,-who very properly committed
them as reputed thieves, under the Police A. Joe
Evans was only discharged a few Says ago at the
We'stininster Sessions. DeW about umelve months
since arrived from Botany Bay, where he-had been
seven yBars, for being concerned with the: notorious
Arthur Conolly- , Joe Gregory, and Ikey. Bull, in
bustling, a Merchant; in Cornhill, and picking his
pocket of 7001.
The principal inhabitants and Corporation of Eye
appeared in deg!) mourning on Sunday se'imight, as,
a mark of resped for ihe.late -noble -Marquis CORN..
\yaws, and walked in procession to church, where
the, organ played that solemn anthem, " Thetrurn4
pet shall sound,' and the dead shall be raised." The
tradesmen df the town, and his Lord±ip's tenantry
in the neighbourhood, also paid a tribute to his me-
mory, by appearing in mourning on
:.Suiiday last,
when the parish church of, Culford?was hung with

OniiVeduesdeylse'nnight, about two o'clock in
the afternoon, the earth frdm the roof of a coal-pit,
at Horsforth, about 20 yards deep, fell in ; two men
and a boy were at work in the pit; the boy was
killed by the earth falling upon him; the [nen Jived
some time after, and could plainly be heard by. the
people who flocked from, every part to dig them out.
One of them survived till four o'clock ,the next
morning, at least he Was,never after heard. He had
previously said, that both his fellow sufferers.were
dead. No labour was spared to get them out; but
as the people increased their exertions, the earth fell
in more and more, and at last completely buried the
poor colliers.
• On Saturday se'uaight in the eveni`eK, a son of
Mr. Burton's, on, Westgate, common, *near -Wake,
field, after 'having imprudently sacrificed 'too freely:
to Bacchts, galloped with uncommon ,speed down
the street, on the south side of . Wakefield parish..
church, and rode with such violenc. against a cart
which was passing.down the .street before him, as
coMpletely to overset- the cart, and precipitate him-
self over it, and the valuable horse on which he was
mounted was killed.• Almost by.a miracle he him,
self escaped without material injury.
The Peggy, from Guernsey, bound to Exeter,
was driven .ashore on Thursday night the 23d ult.
and wrecked, and the Crew unfortunately perished,
at-Vest Benexenton, near Abbotsbur : shy was laden
with old rope, old canvas, and cloth. The Master's
name was THOMAS IVIARGANN.