The Sun.
London, England, 1837-04-27 00:00:00

IN RE GOMPERTZ

This was a rule calling upon the Marshal of the Court of
King's Bench to show cause why Henry Gompertz should
not be deprived of the benefit of the rules, of the King's
Bench Prison, in which he was a prisoner, and confined
within the walls thereof. The case had been partly heard
yesterday, when Mr. Pou.ocx showed cause against the
rule.

Mr. KNOWLES followed on the same side this morn

....
in.., and
'Mr. WATSON and Mr. ANDERTON were heard in sup-
port of the rule. It was alleged that the prisoner was liv-
ing in a very extravagant style, and going to Ascot Heath
races, and dining about town, and that the liberty
thus allowed was an abuse of the privileges, and was
illegal, inasmuch as Mr. Gompertz was a prisoner for
contempt, and, therefore, not entitled to the benefit of the
rules. On behalf of Mr. Gompertz, it was urged that he
had merely driven through the town for the purpose of
conferring with his solicitor relative to the debts for which
he was confined ; that security had been lodged with the
Marshal to the amount of twenty thousand pounds ; that
the prisoner was in a very delicate state of health, and that
close confinement would be fatal to him.. After .a lengthened

argument,

The COURT said that it appeared to them that a party
confined for contempt was not entitled to the benefit of the
rules of the prison. If there bad been any ground for
granting an indulgence on the score of ill health, there
should have been an application to that Court, as bad been
done in several cases. On these grounds, the rule for con-
fining the prisoner within the walls of the prison must be
made absolute.

Mr. PLATT subsequently applied for and obtained a rule
to show cause why Mr. Gompertz should not be entitled to
the benefit of the rules, on the ground of ill health.

COMMON PLEA .S.--(T HIS DAY.)

RUSSELL V. YORKE.

Mr. Serjeant ADAMS applied to the Court to have the rule
made absolute.

,Mr. Sergeant WILDE, who appeared against the rule said
this was a rule which calledmpon the defendant to show cause
why an attachment should not issue against him for disobe-
dience of a rule of Court. The parties were respectable gen.
tlemen, residing convenient to each other in the county of.
Northampton, where an open way had to bz. stopped up, and
the question was whether it had been stopped up contrary to
the provisions of the Enclosure Act. An action was brought
for trespass against the defendant, and was tried before Mr.
Justice Vaughan, when a verdict was had for the plaintiff. A
rule had been granted for a new trial, which was about to be
heard before Mr. Baron Parke, when it was ordered that a
juror should be withdrawn, on the understanding that the de-
fendant should undertake that neither he nor any of his ser-
vants, with his knowledge or consent, should use the road in
question, but should use one convenient; outside a hedge.
The affidavits upon which the motion was made were those of a
gamekeeper and his servant, which stated that a female servant
belonging to the defendant was seen passing over the close,
and subsequently other persons in his employment, and that
they believed that the trespass had been committed by the con-
sent of the defendant. In his affidavit. the defendant denied
that he authorized any person in his. service to use the path
since he entered into the agreement. He (Mr. Sergeant
Wilde) could only account for the present application in con-
sequence. of the defendant being now on the Continent, and he
apprehended that it had not been sufficiently established that
he had been guilty of a contempt of Court.
Mr. WORRINGTON followed on the same side. •

Mr. Sergeant ADAMS contended that the rule ought to be
at once put an end to, and let the case come fairly before a
jury. The road was not a public one, and had been legally
stopped up, and it seemed that the defendant sought to escape
himself by having proceedings instituted against his servants.
The COURT thought that the rule should be discharged, as
it was evident the defendant had kept good filth, and could
have no cantroul over his servants.

Mr. Sergeant WILDS said he would not ask for costs, as it
was all along the intention of the defendant to keep faith.

BLATCHFORD V. THE MAYOR OF PLYMOUTH.

Mr. Sergeant WILDE on a former day obtained a rule to
show cause why the verdict should not be entered for the
plaintiff in this case. It was In action for an alleged breach
of covenant for quiet enjoyment, and a verdict was had for the
defendant. The ground of action was that the Corporation
of Plymouth, who bad supplied the victualling-office daily
with 400 tons of water for the use of his Majesty's navy, had
drawn away from the stream which supplied the plaintiff's
mill, a certain quantity of water which had been demised to
him, together with the demise of the mill.

Mr. CROWDER now appeared to show cause against the rule,
and was proceeding with his arguments when our reporter left.

LLOYD'S SHIPPING.-(THIS DAY.)

DEAL, APRIL 26.—Wind S.W.—Arrived the Charles,
Dallin, from Tobago ; Maraster, from Odessa.

PLYMOUTH, APRIL 26.—Arrived off port, the Lady Favers-
ham, from Bombay ; Maria, Johnson, from Terceira.
FALMOUTH, APRIL 25.—Wind S.W., fresh breezes.—Ar-
rived the Belhaven, Crauford, from the Mauritius.

OFF MARGATE, the Campbell, James, froni Tobago.
JERSEY, APRIL 24.—Arrived the Charles. Le Fevre, Cadiz.
LIVERPOOL, Aran. 25.—Wind W. S. W.—Arrived the
Montpelier, Neighs, from Natchez ; Levant, Bartlett ; Scot.
land, Merrinas ; Vespasian, Winsor ; Columbus, Coffin, and
Roger, —, all from New Orleans ; Francis, Jones, from St.
Joseph's; Mount Zion, Bachelor, and Pactolus, Norris, from
Mobile ; Rosebank, Montgomery, and Mary, Owens, from
Charleston ; Panther, Barker, from New York Miax, Farren,
from St. Michael's ; Joseph, Novello, from Genoa.
CLYDE, Anna. 25.—Arrived the Louisa, Patten, from Mo-
bile ; Belmont, —, from Sierra Leone.

LEITH, APRIL 25.—Arrived the Gotz Haab, Prest, from
Copenhagen.

WATERFORD, APRIL 24. —Arrived Ellen, Murphy, Trinidad.
HULL, APRIL 25.—Arrived the Carl, Craft, from Memel.

DITIMIN. —The James Holmes, from hence to Demerara,
was laying badly on her broadside, off Arklow Bank. The
Commerce, steamer, was at anchor near her.

PORT ELIZA.P.F.TII, ALGOA BAY, FEB. 16.
Underneath we give an extract from the Maria's log, as we
consider the circumstance requires to be represented at home,
that some cognizance may be taken of it. The Galatea and
Eliza were alarmed in a similar way about the same time by a
similar craft :

" FRIDAY, DEC. 9, 1836, P.M., 30.—The Stranger, on our
lee bow, hauled her wind, and tacked at one, passed to lee-
ward of us, .and stood on into our wake, when she tacked
again, and stood after us. Stranger,' a suspicious-looking
vessel, brig-rig forward, schooner-rig aft, sharp, painted
black, broad beam, female bust figure head ; 1. 30, hoisted our
colours; Stranger showed a dirty Spanish ensign; set our
fore topmast studding sail, and fore royal, increasing breeze.
Stranger set her foretop steering sail, overhauling us fast, and
showing Brazilian colours. At 2 she fired a gun, loaded with
shot, from her larboard gun; loaded small arms, and gave her
a gun not spotted, and shortened sail, Stranger nearing fast,
when she again fired grape, whirl, passed over the ship ;
hauled the colours up ; Stranger conning fast upon our wea-
ther quarter, her decks crowded with men, when she gave us
another gun, with grape, which passed through the maintop
sail ; mustered all bands aft for defence of the ship, when
Stranger, seeing us prepared, hove about and stood to north-
ward ; made all sail, Stranger still standing northern."
VESSELS SPOKEN WMI.— from the Clyde' to
Barbadoes, on the 17th ult., lat. 19, log. 35; Regent, from
London to the Cape of Good Elope, on the sth ult., lat. 18,
lon. 29; 'and Lloyds, from Liverpool to Quebec, on the ltith
inst., lat. 47, lon. 29, by the Mary and Ann. arrived at
Liverpool. The front Liverpool to Charleston on
the 15th inst. , 40, lon. 2.1; and Glasgow, front Loudon
to Quebec, on the 14th inst., lat. 45, lon. 27, by the Alexan-
der. arrived at Liverpool.
The Ettly, Ash, was wrecked at Tristan da Cunha, Jan. 23.

Countess Pozzo di Borgu wig have a comyrsazione
next week at Ashburnham House. The Russian A,Lbassador
will also shortly ecnvnenec: his dinntr parties.