The Sun.
London, England, 1825-11-16 00:00:00

COURT OF KING'S BENCH, Nov. 15:

The COURT were occupied the whole day in hearing argu-
ments of cases in the special paper, none of which had the
slightest interest.

COURT OF DELEGATES, Nov. 15.
BUISCOE V. BulsCOE.

A munition having been granted in this suit, against the
defendant,-Sir Wastell Briscoe, for contempt of Court, in having
refused to pay costs, his Counsel (Dr. Phillimore) applied to
have a petition heard, in which Sir Wastell stated the suit to
have been vexatious, and the costs enormous. This applica-
tion was opposed by Dr. Jenner.
Whilst the Court were engaged in deliberation upon the ap-
plication made by Dr. Phillimore,.Sir W. Briscoe, addressing
Dr. Jenner (the Proctor for the opposite party) said, " it was a
sneaking proceeding, and Jenner is a scoundrel for getting the
munition in private as tie did."
In a few minutes the Cottrt resumed, and Dr. STODART
delivered the judgment. He said that the application of Sir
Walter Briscoe would produce both expence and delay ; that it
did net appear to the Court that he had any substantial grounds
for desiring that delay, but nevertheless the Court was unwil-
ling to debar him from taking the course he desired, but he
must understand that he did so at the peril of heavy costs.
Dr. JENNER now applied to the Court to learn whether it
was in possession of the opprobrious language used in open
Court, whilst the Judges were engaged in consulation.
Dr. STODART—Knowing nothing of the language alluded
to, we have only to declare our decided sense of its impropriety.
Dr. 'Pm r. Lt oRE —My Lords, the language used by my
client was certainly very improper, but 1 trust you will con-
sider his irritated feelings, having been involved for 12 years
in an annoying suit.
Dr. STODART—We know nothing of the language used,
but any opprobrious terms applied to an officer of the Court in
the face of that Court, we consider an insult to the Court, and
are desirous of using the strongest terms to testify our disap-
probation.
Dr. Prxxann—My Lord, I was present when the language
complained of was used ' • it is necessary you should be put in
possession of it. Sir W. Briscoe applied the term "scoundrel"
to Dr. Jenner. I hold such language to be a gross insult to
the Court, and am convinced that if such an offence was com-
mitted in the face of any of the Judges of his Majesty's Law
Courts, they would instantly commit the offender.
Dr. STODART—It is impossible for the Court to find lan-
guage to express its disapprobation of such conduct, and the
Court expects that Sir W. Briscoe will instantly retract his
words.
Sir W. Briscoe—lf I used those words before the Court, I
was wrong. I retract them as uttered in the presence of the
Court, but would not in private.
Dr. PirmaßD—The Court was sitting, and the language
complained of used in its presence.
Mr. TOWNSEND (a Proctor)—Sir W.: Briscoe talked of
sneaking—so sneaking and so mean a subterfuge was never
used by a scoundrel as that which dropped from him.
Dr. ST onaarr—Sir Walter Briscoe was applying for a fa-
vour to the Court, which in some degree aggravates his conduct
towards it.

Dr. LEE—Is the Proctor satisfied ?
Dr. JE NNER—My Lords, I shall be satisfied with whatever
the Court thinks fitting ; but I think I have a right to an un-
qualified retraction of the language applied to me.
Sir W. Briscoe—l shall retract it, as having used it in open
Court.
Dr. LUSHINGTOL—My Lords, I am concerned in this
suit for Sir NV. Briscoe. I was in Court, and heard the ex-
pressions complained of; they were most disgraceful, so very
disgraceful, that if they be not retracted I shall give up the papers
and brief I hold. Every practitioner in the Court is bound to
protect its dignity, and prevent it from being made, what it
appeared likely to be made, a bear-garden. It is necessary
that the proceedings of a Court of Justice should be conducted
with dignity and decorum, in order to give its decisions effect.
Dr. STODART—It now clearly appears that the language
used by Sir NV. Briscoe was an insult on the Court, in the shape
of an insult upon an individual officer of it, and that officer one
of known and esteemed respectability. It is no matter in what
shape the insult was offered, it must be • fully and abso-
lutely retracted. Justice cannot be administered in any Court
without dignity; for justice will not have its proper effectif the
dignity of a Court be not supported. Sir W. Briscoe must re-
tract his language word by word, or else the Court will hold
him in contempt. If not absolutely retracted, the Court will
hold him in contempt.
Sir W. Briscoe having consulted with his Counsel, after
much hesitation, and with apparent reluctance, said—" 1 am
sorry for using the language I have done before the Court."
Dr. LEE thought the Court was bound to make the Proctor
(Mr. Townsend) retract what he had said to Sir W. Briscoe.
If justice was done to Proctors in defending them from insult,
an equal measure of justice should be afforded to plaintiffs and '
defendants.
Dr. STODART—The language used by Mr. Townsend was
on the part of the Court, and in repelling a gross insult upon
it; and the Court cannot consider such conduct with much
severity.
Dr. LEE—Well, I don't agree with you.
Sir W. Briscoe—lf justice be not done to me for the insult
offered by a Proctor of the Court, I retract my retraction—it is
null and void.
This angry discussion was here terminated by the announce-
ment that the Court had adjourned.

COURT OF THE DEAN
EST:IIINSTEIt.AND CHAPTER OF
NV

SPEARMAN' v.SPEARMAN.

,:amiDlein:gsw A
1.3
Dr. SWABEY sat as Judge of this Court
Dr. HAGGARD stated that this was a suit of separation and
of the parish of St. Margaret,
divorce, by reason of cruelty, brought by Mary Ann, the wife
Spearman,
dniVilliam Hector.
itnhsetSstepheapearties were admitted to sue in forma
of
Westminster,)l Hector
ot or r
both Williamog ta.
Pazgre7..jACEARD took a preliminary objection to the proof of
the marriage, which was incomplete; the exhibit of the entry of
their marriage by licence not describing the wife to have been, as ►
pleaded, .‘ at the time a minor, of the age of 18 and upwards,
and under 21 years of age." •
The COURT inclined to think this objection fatal, as apply-
ing to the fact of marriage, the necessary basis of these suits.
-Dr. HAGGARD, however, submitted, that under the New
Marriage Act it was scarcely competent to the party to raise any •
especially as he had personally appeared to the citation,
question upon the invalidity of his marriage at this distance of
upon him as the husband of the other party.
EY directed the case to stand over for the produc-
dun of further admonicular proof of the marriage.

The sword. of " the. Wallace wight" arrived
yesterday from London, and was deposited in the
Castle. During its brief visit to England, the
rust with-which it was encrusted has been rubbed
off, and the wooden hilt repaired. it is gratify-
ing to find,. that the wish so generally expressed
by the Sscottish people, tha t this Venerable weapon
should be suffered to remain in the country it so
long assisted
,to defend, has been attended
(E(unburgh Obscrz,t7 .)

versary of the birthday and landing of KING Wri.r.rAx the
,THIRD, Prince' of :Orange. On this occasion the Meeting
•r
was honoured with the presence of the Right Hon, Lord,-Ken-7,
yon, who, on his entrance into the Lodge-room, addressed his
brethreh in' an eloquent and pleasing manner,, congratulating'
them on the high-spirit with which the Institution is conducted •
in Lancashire, and describing the very favourable opinion,enter-
tained of them by the Metropolitan'hOdge. After 'which:ll6l
Lordship, with Col. Fletcher, Major Watkins, and several other
respectable Gentlemen and Clergy, preceded the procession to the,
Parish Church, where the prayers for the day were read by the
Rev. Mr. Richardson. An excellent and impressive sermon, pe.,
ctiliarly- adapted to the occasion, was delivered by the Rev, Mr:
Foliet, from the Acts of the Apostles,: chap. xvii. verse 6
" These that turned the world upside down, are come hither
aho." On their return from Church, they sat down to asplen-
did table, where an excellent dinner'was provided. The Chair
was very ably tilled by that revered and highlyre.-stearned .Magic.
trace~ COI. Fletcher, who, on this ocaasim, displayed his usual
preaksantry and.vivacity. In the coarse of the evening, *
number of loyal and patriiitic speeches ware delivered, with
appropriate songs, toasts, and sentiments; among which were
the following :-
1. The King; and May he ever adhere to those principles
which placed his illustrious Family on the Throne ; three
times three.

2. The Duke of York and the Protestant Ascendancy ; three
times three.

On giving this toast, the CliAinmAN adierted with consi-
derable warmth of feeling to his Royal Highness, in allusion to
the late manly and noble declaration of his sentiments upon,
the great question of Catholic Emancipation • and eulogized its
strong terms his conduct on that memorable occasion, whist;,
merited and obtained the increased confidence and esteem
of a vast and overwhelming Majority throughout the British
empire.
3. The Dukeof Clarence, and every Branch of the Royal Fa-
mily ; three times three.
4. The immortal Memory of our glorious Deliverer King
William the Third, Prince of Orange ; three times three.
5. The Deputy Grand Master of Great Britain, with thanks
to his Lordship for his friendly regard and kind condescension,
evinced by the honour of his presence on this occasion.:—Lord
Kenyon ; three times three. •
6. The Grand Orange Lodge of Ireland, and her excellent
Grand Master, Earl O'Neil, and his Loyal Brethren; three
times three.

7. The Succession to the Throne in the House of Brunswick,
whose Illustrious Members will never forget the Principles and
Conditions of their sovereignty; three times three. _ .

8. The Memory of that Religious and Virtuous Sovereign,
King George the Third;. in silence. .
9. The Revolution of 1688, which destroyed Popish Ty.
ranny in Great Britain, and established her Protestant Reli-
gion, Throne, and Constitution ; three times three.
10. The Fourth of November, the Birth-day of the Prince of
Orange and of British Freedom ; three times three.
11. Our worthy Brethren of the' Orange Institution, who are
this day convened on the same joyous occasion ; three times-
three. _

12. The Memory of our late worthy and much respected
Brother, Mr. James Lever, in silence.
The late Mr. Lever was held in great respect by his bre.
thren, and consequently this solemn tribute to his memory
produced an effect at once honourable to the feelings 6f
those present and the departed member upon whom it was
bestowed.

13. The Lord Chancellor and his Majesty's Ministers, who
supported the Protestant Ascendancy ; three times three.
14. The House of Peers, and its triumphant Majority of
forty-eight.
15. The vigilant Guardian of our Altars and Home 4, Lord
Sidmouth (whom the Chairman significantly termed " Old.
Never-flinch") • three times three.
16. The Right Rev. the Bishop of Chester, and the Clergy
of the Diocese ; three times three.
The Rev. Mr. Brocklebank, Vicar of Dean, rose in behalf Of
himself and the other Clergymen present, and returned thanks
in a very handsome manner.
17. The Rev. Mr. Foliet, with thanks for the excellent
dis-
course he had that day delivered.
:11r. FOLIET addressed the company, and politely replied to
the compliment.
18. Our worthy Vicar, the Rev. Mr. Slade.
19. Sir Abraham Bradley King, with thanks for his firm
support of the Orange Institution at the Bar of the House ,of
Commons; three times three.
20. That fearless and intrepid Defender of the Protestant in-
terests, the Rev. Sir Harcourt' Lees, Bart. ; three times three.
21. The Immortal Memory of the Right Honourable Win.
Pitt; in silence.
22. The Duke of Wellington, and the Heroes of Waterloo;
three times three.
23. The Immortal Memory of Lord Nelson, and the brave
Tars who gloriously fell in the arms of victory at the Battle iof
Trafalgar, in silence.
In the absence of the Chairman, the company drank the fol-
lowing :-
24. Our worthy Grand Treasurer,the man who never flinched
in the worst of times—CoL Fletcher ; three times three, and
cheers..
A GENTLEMAN here remarked, that the recent observations
of the venerable Colonel, with respect to Lord Sidrnouth, might
well be applied to himself; the appellation of Never flinch
could not be more appropriately bestowed, than upon one who
had so steadily maintained the true principles of patriotism.
heedless of party clamour and unapalled by difficulty and dan-
ger.—On resuming the Chair, the Colonel addressed the gen-
tlemen and brethren in a very able speech, and concluded by
`returning thanks for the honour that had been conferred upou
him. _ _ _ _ _ _

25. The Reverend the Grand Chaplain and Chaplains of the
Orange Institution.
26. The worthy Deputy Grand Treasurer of the Orange In-
stitution—Major Watkins ; three times three, and cheers.
27. The land we live in;. and may those who do not like it
leave it.
28. The Lord Lieutenant and Deputy Lieutenants of the
County Palatine of Lancaster; three times three.
29. The Magistrates of the Division; three times three.
30. Capt. Kearsley, and the Corps of Bolton Yeomanry ;
three times three.
31. Mrs. Fletcher and Children ; and may they emulate the
virtuous example of their worthy Parents ; three times three.
[ Here the Colonel again addressed the meeting, and returned
thanks for the kind disposition which had been manifested to-
wards his family. The company; continued unbroken till Ii
o'clock, when they. separated, highly gratified With the order.
harmony, and patriotic enthusiasm which prevailed throughou:
the celebration of-the day.]

PUBLIC MONUMENT TO DR. J ENNER.—We
have the satisfaction to announce, that in the course of the last
week a martial statue to the memory of Dr. Jenner was erected
in Gloucester cathedral. It is placed at the west side of the nave.
immediately before the first pier on the south side. The execu-
tion of this public mdnument reflects the highest credit upoh the
sculptor, R. W. Sevier, Esq. and manifests the judgment and
taste of the Committee in their appropriation of the subscription
intrusted to their care, and in their selection of the artist. 'The
Doctcli is represented in the gown of his Oxford degree, which
gives a display of drapery, so arranged as to render unobtru-
sive the ungraceful forms of modern costume, and at_ the
same time to impart to the figure a degree of height and
dignity which, it might .otherwise have wanted. In his
right hand, which crosses the body, and supports a fold
of the gown, he holds a scroll, and in his left, which drops
• carelessly on the side, the appropriate acadeMical cap, -The
• whole figure is beautiful, distinguished by classical ele-
gance and
.simplicity ; and, through the skill of the artist,
seems to convey to the mind of the spectator an idea of that
Spirit of philanthropy which ever actuated the illustrious
verer of vaccination. The statue is seven feet in height, placed
upon a pedestal and base of eight. feet. Upoh the die of the
pedeteei is simply inscribed, "-Edward Jenner," with the
time and place of his birth and .death, eulogium being an un-
necessary accompaniment to a name which is never breathed
but with blessings, and which has won its way into the re.
tubtest corners of the habitable globe.—(Gloucester Journal.)