The Sun.
London, England, 1830-05-13 00:00:00

ROLLS COURT.

The MASTER of the ROLLS on coming into Court this
morning informed the Gentlemen at the Bar that it was
his intention to sit on Saturday, as his presence was not
required at the Privy Council on that day.

ROBARTS V. JEFFItIES,

The Court was occupied the 'whole morning with this
part-heard cause, which was a bill filed fur the redemption
of a mortgage.

VICE-CHANCELLOR'S COURT.

TYLER V. DRAYTON.

The case of the plaintiff having been closed yesterday,

. -
Mr. HORNS addressed the Court on the part of the de-
fendant. The Learned Counsel began by stating, that
though he was in point of fact Counsel for only one of the
defendants (Mr. Drayton), yet the case of Mr. Serjeant
Wilde was so interwoven and mixed up with that
of Mr. Drayton, that it was impossible to argue
one without the other. The Learned Solicitor-General
and the gentlemen following on the same side bad been
most lavish in calling this a case of collusion and fraud,
epithets which were totally unwarranted in the present
case. It was to be remembered that at the time this con-
tract was entered into, the title to the property, though
perfectly clear now, was then in great obscurity
and doubt, and that doubt was considerably in-
creased by the conspiracy (for he the Learned Coun-
sel could give it no other designation) of all Jenkins'
relations to keep every clue to this properly in the
dark. Their fraudulent conduct kept from the eyes of the
defendants the interest which Jenkins had in this property,
which his relatives were enjoying. This conduct it was
that led the defendants to believe that, instead of an inte-
rest in possession, as it had turned out to he, the only
interest which Jenkins had was a reversionary one. The
contract would prove that such was the obscurity of the title,
that if the parties had rested on that title, both Serjeant Wilde
and Mr. Dray ton would have lost every farthing of their
money ; what, he would ask, would have been said then,
would it then have been called a case of fraud ? No, but
the lawyer and auctioneer would have been laughed at for li
buying what was regularly called " a pi; in a poke," and
that they were a couple of simpletons for their pains.
As to the observations that had been so thoroughly urged
with respect to Jenkins having no solicitor, it must be re-
membered that that was his own choice, he bad an aver-
sion to attornies, and said they would raise quibbles about
nothing. The Learned Counsel commented strongly upon
the evidence of the Quarter-master, considering it was fa-
bricated and incredible, and his conduct most disgrace-
ful,—so disgraceful that the Learned Counsel was thunder-
struck, to bear it said that men who stood so high as
Serjeant Wilde and Mr. Drayton, were participators in it.
Our Reporter left the Learned Gentleman addressing
the Court.

COURT OF KING'S BENCH.
JUDGMENT.-THE PING V. BARNEY LENNA RD•

The ATTORNEY-GENERAL prayed the judgment of the
Court upon this defendant, who had been found guilty at
the last assizes for the county of Lancaster, of assaulting
some excise officers, and obstructing them in the execu-
tion of their duty.
The defendant said he had ne affidavit, or Counsel to
speak in mitigation of punishment: but he could assure
the Court he was innocent of the charge upon which he
bad been convicted ; that he was a hard-working man,
his employment commencing at five o'clock in the morn-
ing, and not terminating until nine o'clock at night; and
that he was only a lodger at the house where the officers
found a private still. _ _

The ATTORNEY-GENERAL said he was at all times un-
willing to press for a heavy judgment upon persons in the
defendant's station in life ; but the practice of obstructing
Excise officers in the discharge of their duty had grown
to such an alarming extent in Lancashire, particularly in
the town of Manchester, that some check must be put to
it. In that county (he was happy to say it was not
general throughout the kingdom) it had become almo-t a
matter of course when the Excise had discovered a private
still, and took means to apprehend the parties carrying on
the illegal traffic, for all the neighbours to rise up and as-
sault the Officers, and often succeeded in preventing them
from doing their duty. He had thought it right to mention
those facts, and he wished also publicly to state, that all
such attempts in future would be repressed by lawful autho-
rity, and the parties brought to punishment. He did net
press for a heavy judgment against the defendant, who he
wished to inform the Court had already been in prison
since the beginning of January.
Mr. Justice BAYLEY, in passing judgment, told the de-
fendant there could he no doubt. from the evidence, that
he had conducted himself in so outrageous a manner, that
the lives of his -Majesty's subjects had been endangered.—
It was his bounden duty, when he was taken into
custody, to have gone quietly before a Magistrate;
and then, if be could have established his inno-
cence, he would have been discharged ; but, instead
of so doing, it appeared that he had kicked the officers in
the stomach and other parts of their bodies in the most
violent manner. The sentence cf the Court was, that he
be imprisoned in Salford House of Correction, and kept
to hard labour for the term of six months, and at the end
of that time enter into his own recogniz ince of 401., to
keep the peace for two years.

The COUNT afterwards proceeded with the special paper.

EXCHEQUER CHAMBER.
BLAKE V. SMITH AND OTHERS.

Mr. SIMPKINSON, t►t the sitting of the Court this
morning applied upon motion for an mar on the part of
the defendant Smith, to compel General Robert Dudley
Blake, also one of the defendants, or his solicitor, to pay
the hum of_ 121. 16s. 4d., the taxed costs of a motion
made in this Court on the 22d of July, 11429, tvhich n►o-

tion was refused with costs. The object of the present
motion also was, to take the bill off the file, compelling
General Blake, or his solicitor, to pay the taxed costs of
the whole proceedings, or that all further proc,edings
should be stayed. The present bill was filed without the
authority of the plaintiff, he being total'y unable, from
the state of his mind, being a lunatic, and having been
so for upwards of twenty years, to give any such au-
thority. The mother of the plaintiff, and three of the
defendants, died some time since, supposed to he intestate
Shortly, however, after her death, a will was brought for-
ward by one of the defendants. By this will, Smith
was appointed executor of her Ladyship, and he applied to
the Ecclesiastical Court for probate of that will. General
Blake opposed the application, alleging the will to be a
forgery. After considerable argument, the Court de-
cided in favour of the will, granting the probate. On
appeal to the Court of Delegates, the decision of the
Prerogative Court was affirmed. The present bill was
filed for an injunction, in order to restrain the executor
from winding up the property during the pendance of an
application for a Commission of Review, and also for the
purpose of obtaining a receiver. The motion for
the injunction was refused, and thus the present
application became necessary. There could be no doubt
that the object of the present bill was to vex and har-
rass ; and it was plain from the affidavit of Mr. Harrison,
the defendant's solicitor, that she bill was the bill of the
defendant, General Blake, and him alone. The reason for
his not filing the bill himself must be apparent, he would
then have had to pay the costs ; not content with this
General Blake had actually filed a bill in the Court of
Chancery against the executor, for the purpose of enforc-
ing the payment of a legacy under this very will, which
he disputed in the Ecclesiastical Court.
The LORD CHIEF BARON.—SO that he blows but here
and cold there.

Mr. SIMPKINSON.—Just so, and I have no doubt,
(observed the Learned Counsel, after reading. several affi-
davit; in support of the motion, and one of the Solicitor
of General Blake, in which he admitted that he had never
seen the plaintiff and that his sole instructions proceeded
from General Blake) that the Court, taking all the cir-
cumstances into consideration, will grant the prayer of

my motion.
The Lorn Cum' BARON wished to know from Mr.
Jervis (the Counsel for the defendant) whether he had any
objection to give security for the costs?
Mr. JEftvls observed that that was not asked.
The Loan CHIEF BARON—No; but I ask it.
After a few words from Mr. JERVIS on b,half of Gene-
ral Blake,

The Loam CHIEF Dm-Lox said he thought security
ought to be given for the costs ; if it was, then the pre-
sent motion was to be refused, and the costs in the cause.
If such security was not given in the course of a fortnight,
the further consideration of the motion must stand over,

when his Lordship had very little doubt as to what ti
'result would be.

RYE ELECTION.-(THIS DAY.)

In consequence of some of the Members not being in
attendance at tee usitJ time, the Committee could no
proceed with business until half-past eleven o'clock.
Lord ParmensTosr said, as it was probable the busi-
ness might occupy some days longer, he thought it would
be better for the Committee to enter into a resolution,
that in case any Member was not present within five
minutes of eleven o'clock, be should submit to a fine.
Mr. Hanmson thought it would be unnecessary. He
confidently expected that the labotirs of the Committee
would terminate this evening.
Mr. THESSICEIC resumed his summing up of the evi-
dence that had been adduced. The Committee, in his
opinion, never could sanction the extended right of voting
set up by the other side. From the limited. number of
freemen which appeared at all times to have existed, it was
clear such an extension had never taken place. He also
contended that the Court of King's Bench wa's the proper
tribunal to decide the right of inhabitants to be admitted
to this freedom, and not a Parliamentary Committee.
That Court would enquire whether the parties had been
guilty of negligence in demanding what they considered
their rights, or whether they had, in any other way, for-
feited them ; in fact, a more rigid inquiry would there
take place, than could, by possibility, he obtained in a
Committee of the House of Commons. He therefore
hoped the Committee would not come to a resolution that
would, in all probability, be at variance with a decision
in a Court of Law.

Mr. ADAM then commenced his reply. He trusted the
Committee would never sacrifice the powers they possessed
out of deference to the opinion of any Court of Law. The
Court of King's Bench had nothing whatever to do with
the rights of election, it was a question purely for the
consideration of a Parliamentary Committee. The Learned
Counsel then went on to enforce the right of all the resi-
dent inhabitants of Rye to he admitted, after a residence
of one year, to the freedom of that port, and as freemen,
their right to vote for Members to nerve in Parliament.
He had not concluded his address when our reporter left.

SHIPPING INTELLIGENCE-(THIS DAY.

FROM LLOYD'S.

DIAL, MAY 12.—Arrived the Ann, Ross, from
Bahia; and Castalia, Londonderry, and Times, from Ire-
land. Passed from London the Lady M.Naghten, Pope,
fur India.

DOVER, MAY 12.—Arrived off port the William
Belson, Rogers, from Leghorn ; and Crescent, Guild,
tram Trieste.

BRISTOL, MAY 11. --Arrived the Marmion, Ad MS,
from Cephalonia ; and Maria Eliza, Getling, from Messina.
SLIGO, MAY 10..—The Corde:ia, Wood, of London-
derry, put in here yesterday evening, in distress, having
carried away the foremast in a gale on the Sth inst.

The following vessels have arrived :—The Eliza, Potter,
from Pernambuco, off llastings ; the Agr.es, Harding,
from Matanzas, off the Start; the Martha, from Mal iga,
off Falmouth; the Reward, Soagrez, from Rio Janeiro,
at Guernsey ; the Arichat, Paton, from Newfoundland,
at Jersey ; the Cri.scent, Roche, from Smyrna, at Mil-
ford ; the Ivy, Robertson, from ditto, at Liverpool ; the
Juno, Scott, from Alicant, at Newry ; and the , Mary,
Sinclair4from Memel, at Aberdeen.

The Dogrrbank, from Lanscrona to Amsterdam, is to-
tally wrecked near Whitby.
The Good Sailor, Knop, from Kierteminde, was car-
ried into Shields on Tuesday, water-logged, having been
en the Herd Sand.

The Nautilus, laden with timber, belonging to Liver-
pool (United States), and the George Henry, were driven
on shore and bilged at Liverpool (United States) during a
violent gale on the 26th March.