The Sun.
London, England, 1825-11-21 00:00:00

AND GIBBS.

Mr. MONTAGU moved for directions to be added to the
count already issued for a new trial, requiring the assignees
to assist the petitioner with certain books and papers to be used
in evidence.
Mr. TRESLOVE objected to the motion, and commented
with some severity upon the conduct of the petitioner, in re-
spect to the claim, and his replies when under examination
before the commission of bankruptcy, as well as upon the
trials at law already bad and lost by him.
Mr. MowrAott complained of the Unfairness of these re-
marks which would go forth in the newspapers, and tend to
prejudice the petitioner's case with those who were to try the
issues. For his own part he would not have insisted upon a
new trial, being perfectly willing to have left the case to the
sole decision of his Lordship.
Mr. Hon NE asked if his Learned Friend would really under-
take to leave the matter to the decision of the Court, without
going to trial, if the books which he chiefly wanted, and which
the assignees were as unwilling to let him have, were handed
up to his Lordship ?
Mr."llloxTaGu spoke of his own feelings and sentiments in
offering to leave it to the decision of the Court. Thera might
still be points in the case, and indeed there were points, which
could only be set at rest by a new trial of the issue.
The Loan CHANCEL Lon offered to sacrifice a few days or
the Christmas vacation to the hearing, if the parties chose to
leave the decision to him.

In this the Counsel were not prepared immediately to agree,
and the direct object of the application, the production of a
book of accounts by the assignees, remained to be decided.
Mr. HORNE offered to deliver up the book for his Lordship'*
private inspection, agreeably to the suggestion of the Court,
and leave it, without argument. for his Lordship to say
whether or no it should be allowed to the prisoner to
strengthen his case upon the trial.
The LORD CHANCELLOR disliked the work " private" in-
spection. He had heard so much about private hearings, a
practice in which all his predecessors had indulged without
comment or reproach, that he was quite tired of it.
Mr. HonNE only meant to say. that he would hand up the
book on condition that no one be allowed to look into it except
his Lordship. In short, the book was handed up, and upon
the conditions before stipulated, that it be privately, inspected,
by his Lordship, after which it is to be left with him to say
whether it shall be produced at the new trial or not.

COURT OF KING'S BENCLI, Nov. 19.
THE KING V. ADLARD•

This was an indictment against the defendant, for refusing to
serve the office of constable in the parish of St. Bartholomew
the Great, in the city of London, to which he was appointed at
a Court-leet holden for the manor. At the trial before the Lord
Chief Justice at Guildhall, it appeared that the defendant,
who was a printer, had an establishment in the parish for the
purposes of business, held at an annual rent of 501., where he did
not sleep, but where he attended daily, and was rated to the
church and poor A verdict of guilty was taken, subject to the
opinion of the Court on the question whether this occupation
rendered the defendant liable to serve the office of constable as
an inhabitant of the parish ?
➢lr. BoLLAND, for the prosecution, argued that the defen-
dant, having property requiring protection, ought to perform
the duties of an Inhabitant; and that., according to the autho-
rities of " the King v. Hall," and • " the King v. Poynder,"
recently decided, and others referred to !n those cases, he was to
be considered as an inhabitant to all legal purposes.
Mr. BROUGHAM, for the defendant, urged that these au-
thorities only proved him to be liable to pecuniary impoNitiontL,
and not to the performance of the duty of a constable, which
was by law cast only on those who had their domicile within
the parish.
The COURT took time to consider of their judgment.