The Sun.
London, England, 1808-02-13 00:00:00

LAW REPORT.

1 COURT OF KtNG's 8F.1,(C1-I,'Eta, n.
'THOMPSON V. &Minter,
Mr. ANDREWs chewed cause against. a rule for
an attaclunent against- the Defendant, on an award
of an ;OA:ration in, thii eituie. The,circurnstances
of the case! were : ,the Del,:ndant had made secret
VisiA to the daughter of the Plaintiff, living. at AF-
H sona, and at the expiration of nitfe.. tnOntlis; sill:
produced hilt) a tine male child ; the parties agreed
" tlpat every thing should be left to .an arbitra'ion.
The 'arbitrators awarded, that the betendoni ,hould
pay 301.. for the irritriediate wipport of tin child, and
to secure the payment of co.. .a
-year during the life
of the o-,y, to be vested in the hands of two tru Aces,
to be appointed by the Plaintiff.
. Air. ANottews contended, that the Arbitrators
had no kind of power that authorised them to make
• such a kind of provision; • that there vas not any
law that would oblige the Defendant to extend an
annuity for the life-time of the child. He added,
that the, Delei,dant Wai not in circumstances to se-
cure thb payment of the annuity ; lie had offered
his bond for it, but it
,was rofused. He had not
the sum of money that was noceiAry to advance for
' the security of the annuity for the life of. the child i
sb far Iron) it, 'that he was at the present moment
in the Fleet Prison.
• .
Mr. CultWoon, in support
.of the rule, said be
Would
.admit that The Defendant was in the Fleet
Prison; but that he went there on'purpose, when he
beard that an application was intended to bo made
to i hat Court. , :That tho Arbitrators had been pe-
cidiarly lenient to the Detinulant, atul.! awarded the
.:. annnity of 20i. alear in lieu of a stun of money,
and he'was,far'from having any cause to complain.
'Pith Court. expressed themselves that they had
CIL, same idea, and ordered the rule to be made ab:-
isolute.

VAN tIitIAMIN V. •Al KINS.
tl)is Case the PI

.aintitis were Rusiiar,vihjetSic,,
who,hadk recovered a verdict against the Derendants,
PIIcILARDiOti iiliWed to btay, execution ulion the
jqdgmeat, on the gro'und thko since the verdict the
liad'becoMe Alien enemies.
'Lord EI.L. Nitoitonott asked, if he had any case:
jai which the COurt
.had' interfered in a
,st„nnmary"
way ? '
Mr. RICITAIMSO* replied he.had not found any
case -exact)). the Kline; but in other cast the.,court
had granted a limilar motion to preVent the circuity
of the wt it of ..'iudita Querela, which wo thet)tocess
by the old law'.
COurt said, if the law gave him any, power to.
-effed his Objea, he tuna avail himseit of it, but the
Court could not asbiot him.—Bule relu;ed,

.FRB, 12.
At the sitting of the Court,. Mr. Robert England
Ferns, a genteel-lcokitig young man, 'addressed
them., He begged that neither the COurt, nor any
of its learned AdVocates, would take offence at the
applicalion he was going to make, as he.assured
them he did not tneau any'disrespettlo them. Fre
then .stated, that he wished to file a Criminal Infer--
=firm against Doctor Pitcairn; an eminent physi-
cian, living hear Charing-cross. He, grounded his
application on an affidavit which he held in his
1; hand. .

Lord ELLE.NIIoRouGn interrupted him, and ob.
served, that it was the latit day of Tern), and that
no Counsel of that Court would be allowed to make
,such a Motion on that day;,. and' a Strang:T.' could
not expect greater indulgence than the Pleaders
olthe Court. He thettlige must defer his applica-
tion until next term. Mr. Ferns accordingly desisted.
:Lord ELLI:N.SOtOUGA abscrved, il.tt on account
of some abusc..3' in special 'bail, attiint:'4 of trover,
the 'Judges had 'come tci a determination, that no
,ouch biil should be acceptod without an order from
-the-Lord Chief Justice or .one of the other Judges of
that Court.
TUSt KING V. DAVIS. •

Mr. Jos'rico Ln BLANC read the Minutes taken
by Lord Chief Baron McDonald, en the trial'at the
AS4izeq. li.appeared ‘hat the 'Deft:octant was a te-
nant. of the Prosecutor, Mr. Myrouse, of Haver..
lerdwest. The Defendant was in arrear of rent to
the Prosedutor, who called on him several times for
the payment of it. On the !bill of Augurit last, he,
went to the Defendant's house, by his appointment,
when the Defendant made sot-no- excuse for not havr
ing riL• nioney- that day to give hint, but rernarked,
that oee or the cross beams of the .1109se was,
and asked the Prosecutor to. go in and.
iook at it ; the Prn:iecator alighted from his
Inws;.!, and ,veeht in and examined the beam,.
but o.old not perceive that it was broken.—
The! Defendant said the Prosecutor' bad better
tokrf a knife, and by standing on a chair be Could
ea.iily pick_ out the. rotten part. rhe Prosecu-
tor-got on a chair on Which the Defendant vio-
lently pulled the door to, and pre rated a pistol 'at
tiv Prosecutor, stvearing that he would shoot Irina
if he did•net sign two receipts which be held in his

11,141,1. • 4. tit:
.1 •••••-••••
thernAo him ;' they Were receipts,- for 19014' the -
1-riAnt of the rent' dud by him to the Prosecutor':
Oie'Vroteentor, to put him' btfAhia..guard,'and-ta:.
get an nopoittenty of seizing .the plate, told the
Dese'idantthey *ere not drite,n properly, -but
wouN.write4herolOver again, -tied gart 14 write...,
accoroint;ly:-.. The Defendant being lulled into seat:,
rity, kft3 his threatenihg position, on •which the
Prese2sititic Wrenched the pistol from his hand,
examined -it,- and found it was loaded. The De--1
fehdtin; tried to regain the pistol by force, and in 'the,
tictiffl&-Of the NrOtecutor down, hut the latter still'
kOpt,po94ession -of the pistol. The-Detenlatit put
his ,itnee• on the Prosecutor's breatit, and,kept-hird
in, that position an bout' arid• a ligif),lie the expira-
tion'of Whicltlitne he permitted him- to rise; on his:
prothi6ttip; intit to bring an aaien against him., The
petatidant Wanted him to sweaelufwould not, and,
tevidneedra, Wok for that purpose: -On the Prosa-,
cutor'si-eftS'sin to swear, he excnirtred, he was-
if :heiteared ; for if. the Prosecutor ever did
mention a word'of it, he would not have long to
live 414 he then opened the doo,when the Prosecutor
escaped; and applied to a Magistrate. The' cause
was:: tried; at the last Aisizes. the Haverladwest ; 7
When the Jury found hioteeguilty, He had been'
three weeks confitte& in the gaol "of EaverfordweSt,
Under a warrant signed by ,the -Justice; and
was brought up for judgment on ins own applied-
"

There were three sflichivita .of /charailer read in
mitigation of punishincnt.
Mr. Lola', Counsel for the Dofendant, hoped
their Lordships would take into considcrinion the
.general good eharae.ler of the. Defendant, and also
L., basin, but three weeks already in confinement.

DRitaitt, for the Prosiecntion, was sure the
Court would not consider the three weeks confine-
mein as, any initigatidn, when the offence was of
Kuril a magnitude, He diet not. Wish to say any
thin! to aggravate' the case.; in faa, he had no
directions-to do so ; all the Prosecutor wished was
some security to prevent a repetition of the otrente.
Mr. Justice GROSE, in a very hopressive Manner,
warned tte Defendant against ever being guilty of
such an .offenee'again, and sentenced him to be im-
prisetted in the gaol of, HaverfordWest for mix tilett-
Or months, and at the eitpiration of that time to give
security for his good conduct for two years—himself
in 501. and two sureties in. 251. each—and to remain
in custody until the security, was given.

GASKE.,T V. ADDINGTON.

Mr. PARKE applied, to the Court for an order
that the costs, in this cause might bo.referred to the
Mister for:a re-consideratioh.. The circumstances of
the case were, the Defendant W P. 3 a Sheriff's officer,
and had arrested the Plaintiff Am a false ,writ ; at
the instigation of the High Sheriff, the Plaintiff
brought .an adion against bitn, the name of the;
Plaintiff having been .vitally forged in the: writ by
the Defendant. The Defendatit let jhdgrneNt go
against him by default. Tice Plaintiff knowing
Oaf the Juries generally !it the Sheriff's Court were
formed of persons CohneElC3''with the otiice,
rained an order, for what is called a good Jury,
who assessed him fol. damages. The Plaintiff was
urprised when he was called on by the Under
Sheriff for thcCe guineas for his own trouble, two
guiircas for, the Officer v:hu summoned the Jury,
and one • guinea fbr each of the Jurymen.' The
on the taxation refused to allow t liosct !iums,
by which means, although the Plaintiff gut la da-
mages, he had, 17 guineas;to pay. Mr.. PARKE ob-
served, he t»t4e the application merely for the nor-
pose of bringing the circumstance bVfore the Court,
to prevent the saint. kind of irtrPOsittou and abuse
of the Under Sheriff in foture. Ho had 'Jr) affidavit.,
which stated, that the Jury ,were formed of :nen 'an
-the same kind of life as the common Juries that at-
tended that Court. r

LOrtl ELLENBCiROUGII ob-serfe4, that the Master
aitcd very properly in not allowing the charge on
thu•taxatioit, and;they' could not 'send it back to
PI4IIKE then moved for a Rule to. be di waed
to the Under Sheriff to teund the seientcen.
tiezts.—ltale granted. • ,