The Sun.
London, England, 1830-12-09 00:00:00

CORK ELECTION.77(THIS DAY.)

The Committee appointed to try the ineritq or a petit on,
presented by Dr. Baldwin, complaining of the ut due
election of. Daniel Callagan, Fa.q., fur the city (.1 rk,
came to the resolution this morning That Mr. Cal.
Jsgan was duly ejected, but that the petition against his re-
turn, pr the opposition to it, was neither frivolo% s..or

LAW INTEYLIMICE,-(T-HIS DAY.)

COURVOF KING'S BENCH.
THE ICING V. WISTMACOTT. •
. When this case Was called on, which is a criminal in-
formation against Mr. C: M. Westmaeott, for a libel pub-
lished:in the Age newspaper; on William Holmes Esq. M. P.
• Mr. Fal• n...v. on behalf of Mr. Westinacott, Said he
Was instructed by his client again to express his regret that
the publication should have appeared, and also to odat.that
lie should not now offer any opposition to the present pro-
' ceedings, but would consent to a verdict of guilty, . being
returned against him.,
Sir JAMIS SCARLITT said, that before he came into
Court he had'received an intimation from Mr. Westrua-
rotes attorney, stating that this course would be adopted ;
he, therefore, should offer no observations on. the case.
Jury, under his Lordebip'e direction, then returned
I verdict of Guilty
• •
Tilt EINQ ON Tut rkossouTiox Or WM. MIGANS V.
Caocicroan. •
This was an indictment against the defendant Crock-
rani. When it was ,called on, no Counsel appearing for
the prosecution, it was struck out of the paper.

WU?LYLE& IY. LIDD/PRD.
The ATTORNEV.GICNYRAI. stated that this was en ac..
tiun recover compensation in damages for a trsepase
sail ease imprisonment. The defendant had put in .a plea
offijitification, in which he stated that the plaintiff had
nahe2zled 4001. of his Morley previous to his taking him
teftire a Magistrate. It appeared front the statement of
the Learned Counsel that the Plaintiff, John Hanson
Wheeler is a young man about twenty-eight year. of
tge, From the year 1814 he had been ac-
HLeityf: engaged' in the defendant's service in assisting, to
1414 iind tiptoed ships. In 1826 he smievetitsl u person; in
thWdefendenit's,employ, who had conducted the businessin
!ett.• dinietiafluitory manner. The plaintiff was placed
very laborious, situation, and one of great respon-
rdith as the defendant was frequently residit g at
!ichton fur u length of time together, during which time
it became the duty of the plaintiff to entertain the
Captains nf different ships to dinner, sup, or lunch, and
also to treat them with grog. These attentions were reit-
iered imperative on account of the great competition at
are various wharfs. Things went on to the satisfaction
stall parties for a length of time, when, last year, the tie-
' e*dent introduced his son into the business, and the plain-
t;fiand lie did not agree very
,well together.' TI e son
*es in the habit of carrying report, to his (ether,
lei the plaintiff finding, in consequence of this cis.
%instance, that it WWI impoSsible for him to give ea-
*action, determined upon leaving the defendant's service,
tad obtain a situation where his services, would be duly
ippreci del Ile accordingly gave Mr. Lddiard notice of
I Ilia intention to leave, when the defendant took the steps
Which gave rise to the present action. Ile procured a
Mice officer, and gave the plaintiff into custody on a
thugs of felony. .lie, was, in consequence, taken to the
,ttiWri Hall, the llorough, and underwent an examination
*lfoie Mr. Alderman Ansley and Mr. Alderman Scht ley,
who were of opinion that there was no foundation for the
!thirge. Mr. Liddiard, however, swore positively that
the plaintiff had embezzled a large sum of money, and the.
1184thattutes, therefore, had no alternative but commit him
taa prison, where he remained two days. Thus was
the young man who (said the Learned 'Counsel)
bed 'served hi* master with honesty and fideity,
'nagged like a common 'felon through the streets and
)4earcerated in a gaol, At the expiration of heel days the
pl,iinitE was again taken before the Magistratemi, when!the
defendant also attended, anti said he zonld not support the
!Large of felony, as he found all the money had been fairly
!aid out. The plaintiff finally, to save: hit character from
414 for ever ruined, entered into an arrangen.ent
the' defendant that, pro' would i ire
we plaintiff a letter ;under" lee own hand, fully
ttitne,ratiolt him from all . blame, that then the other nut-
"( Add be referred to arbitration ; but this letter had
never been given or any disehtiiner made ; the plaintiff
therefore considered it due to himself and family to see
What a Jury of his country would award in damages, for
;he serious injury that had been inflicted on him. 'lhe
"findint had also aggravated this injury b,y pleading a
tinification ; he pile Attorney-6;llcm° however WM at
"/%1 to know how lie would make it out. The Learred
`,"*Illotil after some further remarks on the hardships of 1"e defendant's treatment of the plaintiff, proceeded to tall
Witnesses in supporLar his Opening statement.
After several witnesses had beta examined,
bit JAIIES Scanzerr addre.sed the Jury fur the deft n.
dun, whom lie represented as having acted with the gel at.
tit kindness and compassion towards the plaintiff, and that
Immure unjust ur more unwerrentable action had never
ref; brought into a court of justice. The fact was, Mr.
I ,"41 'Hard was able to prove that the plaintiff hail embeZz ed
large sum of money, and it wee only at the urgent
tiitetion 'of his friends, and front pity to the yourg Iranl
itthelf, that he did not press a charge which would hive!astmvieted hint of an ignominious offence. And as It
ittlutn for that kindness lie was this.,day dragged into
art to 'defend himself against a civil action, it would,'
*refute now be his duty to substantiate the charge on
itl*ieh he had the plaintiffapprehended, and that he would
tnost clearly and satisfactorily. The Learned Couniel
w commented at great length on the evidence tl at
t 4 been adduced, after which he stated that Mr.
lithr
lard took time pleintiff into hie employ at °t' age of
1,1 tot errant boy • that lie gradually raised Min in his
rrieretoliwo until obtained a salary of 1601. a sear
I i• 14,'•G another vacancy occurred, and the plaintiff ap-
?iled for the situation. Mr. Liddiard at first objected,
'4 on it being represented to him that the plaintiff had
tpaged mother, to whose support be contributed, he had
a,ePiave.. with a !salary of 1501. a year, 6s, a week
hitit for a housekeeper, apartuients gratis, and coals
•1411 Candles found. The Learned Counsel then went into
It.eteinent of the accounts, from which it appeared that the
:14teintiff lathe time he left was deficient 4081. tts., for which
YWl4.4urtted for on the following day by charging 1001.
te for four years,as expenses in entertaining captains,
Zage' stamps, &C., which he bad omitted to charge tieurrent expancea of the week. Sir James Searlett
ki
Iqq ha_o shoul4l also be able to prove that there was a sum
6 1. which 'the plaintiff had received that was not
I;7'euntid for to this day.. The Learned Counsel then
iktiat minutely into the accounts, remarking upon them as
*Went on ; after which,
ATTURNEY•GXNERAL said his Learned Friend had
CrtarnlY opened such a case, that he (the Attorney-
' "el) not being assisted with other Counsel but stand-
-1 alone, felt that be might do irreparable injury to the
114 Mau. if he proceeded with the case. Ile. might be
tbre.Pered to explain sonic of the cireuinstances,he would
.etbort submit to a non-suit.
Lord Teseritanzsr-4 think,..Mr. Attorney-,General, you
,„7*!l_ereised a very Zound discretion.
4;r Jastes ecrott.ETT.t—l think we 'ought to have a
ticil net Pledge before we, at the present stage, agree to a
nit, that we are not be brought here again.
44'17° Apronsire-GuNitaai.--Most certainly we with-
'a the action ; and think 'we ought...to expi tas our
.11$ for your agreeing to this course.
1
J. Seetterer—My client'S mativeim have been the
zr!Nerse of vindictive. •
vilontiff nonsuited.

PREROGATIVE COURT.
sti'sasiltia IN THE NEW manor .01' EXETER.
,„,
pbi
being the day appointed for swearing in Dr.
t,wiTttsi the new bishop of Exeter, the Cdurt Was much
iitt.;!`f;ed. The cereinony was fixed for eleven o'clock, but
us to that hour rather a singular will cause will
tkoelisi,
."0 viz, that concerning the goods of the Rev. jai.
otr
1",
s.,onsox prayed the Court to grant probate of the
f the will of the late Rev.- Jsimei Conner, of Slid'
kir*, Suffolk, who died suddenly on 21st Sept. last.
itt„ft a will in his own .hand-writing, signed, but not
allots and on the day of his death pointed to the place
ets his will was kept ; and alluding to the death of Mr.
observed that every one should be pretend
iva4. He then went, out to dine, and on conking
,ti r (lie,' suddenly on the same night. Dr. Dodeno
ir,t,,.°11 the Court to grant probate, notwithstanding the
of not having witnesses to the will. • •
r
l'itcnou, refused to grant probate, unless au
44,e
_7 inerested consented : „finding such was not the
ditsmissed the application. ! d
*4 ter wards appeared thalami of the parties subedit(
Cow!: En.t Indite and one in North America, end the
°""nted to receive the consent of the parties lit
- and and Ireland.
rt
Ibtir
AORDINARV3 CONDUCT OF A COLINIEL.
I,,,tt,hefore the rising of the Court Dr. LEE rose and
474 hefelt it his public duty to protest against "tlie Judge
Pertmg with Counsel in Court, especially as that

Counsel wag related to the Judge.—(Sir J. Idleholl had
just been saying a few words to-the King's; Advocate.)
Sir J. Nictiou.--I had only dbne what my prede-
cessors have done before me. Call on the next cause.
THE BISHOP OF EXETER.

M ten minutes past eleven o'clock the new Bishop of
Exeter arrived, and was iattoduced into the dining par-
lour, where the learned Divine took the oath of accep-
tance, After having been sworn he was complimented
by Sir J. Nieholl and others, and then proceeded to Bow
Church, to attend Divine Service.