The Sun.
London, England, 1839-01-24 00:00:00

EXCHEQUER COURT-(THIS DAY.)

THE CANADIAN PRISONERS,

Mr. ROESUVE said he was instructed to move for a writ of habeas
corpus, directing Wm. Batchelor, the gaoler of Liverpool, to bring up
the bodies of James Brown, John Geo. Parker, Andrew Wilson, Leo-
nard Watson, and others. He moved on the affidavits of two persons,
one, William Waller, clerk to Mr. Ashurst, which stated, that on Sa-
turday last he had received from the gaoler of Liverpool the docu.
ment annexed, in consequence of demanding to be furnished with a
copy of the warrant of commitment ; and that he did at the same time
examine it with the original warrant then in the custody of the Town-
clerk of Liverpool, and was informed that the prisoners were detained
in custody solely on the authority of the warrant so produced. The
second affidavit was that of William Henry Ashurst, which stated that
although in the warrant it was recited that the said James Brown, &c.,
had been convicted, he believed such statement seas untrue, and that
such prisoners had not been arraigned, tried, convicted, and sentenced
by any Court of

Lord ABINGEn—Is the affidavit made by the parties in custody ?

Mr. ROEBUCK—No, my Lord, the writ has often been granted
without.

Lord ABINGER—That is where there was no access to the parties
in custody.
Mr. ROEBUCK referred to a case in the 3d East, Commonly known as
" the Hottentot Venus case." She was completely accessible to any
body for lialf-a-cro.vn—(Laughter)—but there were parties who stated
that she was coerced.

Lord ABIXGER—Some reason was given why an affidavit could not
be expected from her. If we grant a habeas to remove a party in
custody, we ought to ascertain that no affidavit can be reasonably ex.
petted from him.

Mr. HOEBUCX—Your Lordship thinks an affidavit absolutely Ile.
cessary ?

Lord AnINGER—Yes; an affidavit from the parties who claim the
writ, or from some other party, to satisfy the Court that they are
so coerced that they are unable to make it, or some adequate cause.
Mr. ROEBUCK—It shall be attended to, and I will move again.

COMMON PLEAS.-(THIS DAY.)

THE MAIDSTONE ELECTION.-FECTOR V. BEACON,

This was an application to the Court made on behalf of Mr. Fec-
tor, the present (Conservative) Member for Maidstone, to enter up
judgment against the defendant on the Speaker's certificate for costs
incurred in defending Mr. Fector's seat, on the petition presented
against his return; to which petition the defendant was a party, and
which was declared by the Committee of the House of Commons
appointed to try the merits of the petition—" frivolous and vexatious."
The application was made last term ; on which occasion Sergeant
Wilde and Mr. Cookson for the defendant argued against it, making
several objections to the authenticity of the Speaker's certificate.
Mr. THESIGER (with whom was Mr. Channell) now appeared in sup.
port of the rule, and replied at great length, answering the various ob-
jections, among which was that one of the electors had been admitted a
petitioner in defence of the return, and his costs had been included in
the Speaker's certificate ; and it was contended that this being illegal
vitiated the whole of the certificate. Mr. Thesiger, on the other hand,
urged that the objection, if worth anything, ought to have been made
before the Examiner, and that parties could not be allowed to lie by and
make the objection before a Court of Law, which was not competent to
enter into the costs.

The Learned Couns2PB arguments were not concluded when we left.

CORN AVERAGES.

GENERAL AVERAGE PRICES OF BRITISH CORN,
Fer the Week ended Jan. IR, made up from the Returns of the
Inspectors in the different Cities and Twwns in England and Wales, per
Imperial °water.
. _

IN'fie,t Pls. 4d I Oats
Barley
IMPERIAL AGGREGATE AVERAGES OF THE P.:3C WEIACS
PRECEDING.

795. Bd. Oats
I Barley