The Sun.
London, England, 1830-04-24 00:00:00

VICE-CHANCELLOR'S COURT.

SPECIAL INJUNCTION.-RICHAIIHSON V, DICKENSON.
THE LOADS COMMISSIONERS OF HIS MAJESTY'S TREASURY.

Mr. RUSSELL, at the sitting of the Court this morning,
applied for a special injunction in this case, to restrain the
Lords Commissioners of his Majesty's Treasury from pay-
icig a certain sum of money, mentioned in the pleadings,
to the defendants.

The Soucrrou-Gewituat obsereKi, that he was in
possession of the Court in the case of Wilding and Bold-
ing,—a case of the utmost importance, svlicl► had already
occupied three days in argument, and. wished to know why
the• Learned Counsel could not make his motion (especially
as it related to the Lords of the Treasury) before the
Lord Chancellor. He ()be Solicitor-General) could pro-
mise his Lordship that he would not have much to do in
his absence.

The Vica-Cmaxcat.r.on thought the best eaurse to be
adopted would he for Mr. Russell to hand up his brief to
the Court, he would read the affidavits, and inform him
(Mr. Russell) what he would do with the case in the
course of the morning.

The SOLICITOR-GYNERAL expressed his satisfaction at
the adoption of such a course.
Mr. RUSSELL (with some warmth)_—l can only say,
Sir, that I have never heard any thing like this, that a
Gentleman behind the Bar, in making an application for a
Special Injunction, is to he stopped by Learned Counsel
within the Bari stating they are in the middle of an argu-
ment. lam totally unacquainted with the mode of pro-
ceeding in this Court if it is not its habit to give prece-
dence to applications of this kind.
The Vice • Cnalacm.t.ou—lland me your brief,, and I
will read the affidavits. I stated yesterday that I would
take the case of Wilding and Bolding in preference to every
thing.
The SOLICITOR-GENEnai—Sir, I don't choose to be
bandied with those observations of Mr. Russell. I trust,
therefore, if he presses it, you will allow him to make his
application, but I should have thought he would have had_
a little more courtesy than to have said what he has.
The VICE-CHANCELLOR-Indeed I shall not hear his
application now, I will read the affidavits. Proceed Mr.
Solicitor with Wilding and Bolding.
Mr. Russrt.r.—lf I go to the Lord Chancellor I shall
then be told that I ought to go to the Vice-Chancellor,
and when I come here, I am told by the Solicitor-General
that I ought to have gone to the Lord Chancellor. The
motion would not take two minutes.

The SOLICITOR-GENERAL--Your Honour, I hope, will
quiet my friend by hearing the application
The VICE-CHANCELLOR—I shall not. I will read the
affidavits.

COURT OF KING'S BENCH.
FAIR V. ELPIIINSTONE.
Mr. FOLLETT opened the pleadings. It was an action
brought by the plaintiff to recover compensation in da-
mages for being forcibly compelled to leave Bombay, by an
order of the defendant, who was at that time Governor of
the island.
Mr. DzNaeAN stated the case to the Jury. After pre-
facing his remarks with some general observations on the
great importance of the case, the Learned Counsel detailed
the facts, from which it appeared that in the year 1822,
the plaintiff (Mr. Fair) left this country, under a license
from the East India Company, for the purpose of residing
in Ilembay. In 1824 he established in that colony a
newspaper, called the Bombay Gazette, which paper was
well ,eceived. Sir Edward Welt, then Chief Justice of
the Supreme Court, wrote to Mr. Fair, requesting him to
report the proceedings of that Court, which he accordingly
did for a length of time, without any complaint being
made. In July of 1824 an extraordinary scene took place
in the Court. The apartments occupied by the Judge are
immediately adjoining, against the doors of which a person
called a " chop guard" is placed, to prevent any person
from entering. At the time alluded to, however, a gen-
tleman named Shaw was in Couct on business, and he ap-
plied to one of these " chop guards" for some pens, ink,
and paper. The guard said he could not leave
his post, but there was a " sepoy" who would
fetch him some. This answer not satisfying Mr.
Shaw, he knocked the guard down. Mr. Justice
Chambers, who was at the time presiding, ordered an at-
telirtient to issue against Mr. Shaw, for contempt of
Court. So extraordinary au event was, of course, re-
ported by the plaintiff in his pai er-4hich report, from
some cause or other, gave offence to the Governor, Mr.
Elphinstone, who threatened Mr. Fair, that if he did not
publish a statement that the report in question was incor-
rect, he would withdraw his licence, and expel bins the
island. Mr. Fair, conscious of his corn etness, refused to
comply with an order that would stamp him as a person
unworthy of credit; the consequence was, he was arrested,
and by the defendant's orders conveyed on board a ship to he
sent to England. The Jury would now mark the conduct
of the defendant. The Burmese war was at this time
raging, and the plaintiff instead of being put in a ship
about to sail for England, was actually put in one filled
with soldiers, amongst whom he was for a time ob'iged to
mix, until a cabin at length was found for him. This
was not all--the ship was sent such a circuitous route
that it was twelve months after Mr. Fair left Bombay be-
fore he arrived in England, when the ordinary time was
only four months ; in fact, there had been a ship sailed
from Bombay to England and back again before the
plaintiff arrived. The plaintiff, as he before said,
had established a newspaper and another literary
work ; but, by an act of the defendant, his pro-
perty had been destroyed, and himself distressed in
mind and body. He, therefore, came this day to ask
reparation in damages. And when he made his cone
plaint, what fearful odds he had to contend with ; the de-
fendant was backed by all the power and influence of the
East India Company, and the most powerful talens at the
bar was arrayed on his side. But he (Mr. Denman) was
at a loss what defence could be set up. They were not to
be told that an English Governor was not to be answerable
for the manner in which he dispensed his power. Surely
such a doctrine would never his advanced. • He would
not, however, enter into .speculative opinions on the
point, but at once read the opinion ,of some
eminent Judges on the subject. Lout Mansfield had
said, " that if a Governor abused his power, an appeal
could he made if be was not in England to the Privy
Council, but if be was in this country at the time the
complaint was made, he was accountable to that Court ;
for, added his Lordship, it is monstrous to suppose that
an English Governor was not accountable to God and his
own conscience." Sir Edward Coke had also given a
similar opinion. In the present case Mr. Elphiustone
had dismissed from Bombay a gentleman remarkable
for his mildness sad respectability, and who had
laid a foundation for his future fortune. He re-
gretted that he had to snake such a charge against
a gentleman, who in other respects had performed the
_ duties of his office with so much credit. It would,
however, have the effect of teaching future Govereors that
the rights and liberty of the subject were not to be trifled
with.
The Arroaarxv-Gmernet. (with whom were Mr.
Gnaws-, Mr. ADAM, Mr. Serjeant SPANICIE, and two
gentlemen behind the bar) took an objection that the action
had not been commenced within the time prescribed by
the Act of Geo. cap. 147, which made it imperative
that all actions of this nature should be commenced within
three years after the plaintiff arrived in this country, and
Mr. Fair arrived in England in September, 1825.
After a very long discussion Lord TENTEILDEN allowed
the objection to be good. The plaintiff was in consequence
nonsuited,