The Sun.
London, England, 1822-11-25 00:00:00

IN TIIE MATTER OF HOWARD AND GIBBS.

Mr. HoRNE said that the Court would remember that on a
former occasion it had directed that Mr. Grimstead should
bring an action at law against the assignees, to prove his debt
of 32,8281. Now it happened that according to the form of
this action, the only material question between the parties,
namely, hether the debt was founded on usury, could not be
decided. Under these circumstances the assignees prayed that
the Court would recal its former order directing the trial of the
action, and direct an issue to try the question of usury. He
apprehended that this would not be objected to on the part of
Mr. Grinstead.

Mr. TnEssLovt and Mr. WILDE followed on the same side.

Mr. HART was instructed by Mr. Griinsted to oppose the
present application. When the cause .-as argued before the
Court, his Honour, after the fullest consideration of the subject,
had issued the order which he stas called upon to over-rule,
merely because the assignees thought it would be convenient to
them. The only result of trying an issue would be trouble and
delay ; for if the Jury should determine that the debt was usuri-
ous, it would then be necessary to prove its validity by an ac-
tion. If, however, the Court should grant the motion, he
hoped it would order the assignees to pay Mr. Grimstead's costs.
That gentleman had incurred every expence necessary for the
trial of the action, up to the very day when the parties should
have gone into Court.
The VicE-CHANCELLOR said he perfectly recollected all
the circumstances of the case, and he was fully satisfied that it
was the intention of the Court to have the question of usury de-
cided by a Court of Law. It now appeared that according to
the form of action, this question could not be mooted. The
Court would not permit Mr. Grimstead to take advantage of a
mere inadvertence on its part. He would therefore direct an
issue to be tried in the following form :—" Whether the bank-
rupts were. at the period of the issuing of the commission, in-
debted to Mr. Grimstead in the amount of the particular sum
named, with liberty to the Judge, if the Jury should find that
they were not, to indorse on the postea, whether they were in-
debted to him for any other sum ?" He would have the ques-
tion of costs argued after the issue should be tried.

STEWART v. STUART.
At the request of Mr. BELL,-this cause (relative to the pro-
prietorship of the Courier newspaper) was ordered to stand in
the paper for the first day of causes after term.
His Honour did not get through the seal. He directed
the motions remaining to be made to stand over to the last day
of term.

COURT OF KING'S BENCH, Nov. 23.
CRIMINAL INFORMATION.
THE KING v. HARI/HESS AND ANOTHER.

As the Court were proceeding in the hearing of cases in the
New Trial Paper,
Mr. SCARLETT rose, and begged, as he was obliged Ito leave
town, that the Court would allow him to move in a case which
the parties were anxious he should attend to in person.
The LORD CIIIEF JUSTICE said, he had no doubt the Gen-
tlemen of the Bar would willingly accommodate hill); under
the circumstances in which he stool.
Mr. Justice BATLEY.—You will engage tomake no motion
on Monday or Tuesday, Mr. Scarlet ?—(A laugh.)
Mr. SCARLETT then proceeded. He was instructed on
behalf of. certain Magistrates, actin for the Brighton Di-
vision of the county of Sussex, to apply for a rule, calling
on Mr. Hardress and Mr. Mott, two Gentlemen of Brigh-
ton, to shew cause why a Criminal Information should not
be filed against them. Some years ago, an Act of Par-
liament was passed for the purpose of paving, lighting, and
improving the town of Brighton, and certain Commissioners
Were appointed to execute its provisions. This Act, as was
sometimes unfortunately the case with acts of this pescription,
was so obsurely and imperfectly framed, that the Magistrates
felt very serious difficulties in enforcing some of its penalties.--
Information had been laid before them against individuals,
for nuisances committed in throwing dust and filth over the
cliffs upon the beach ; in suffering little carriages called
" flies" to remain in the streets; and in continuing otber ob-
structions in the public ways. The Magistrates, exercising
their best judgment on the statute, thought that it gave them
no jurisdiction to receive these informations ; and on this
ground alone they refused to hear them ; for if the Court

should grant a mandamus to compel them to hear the
information, and decide that they had power to hear' it,
they would be quite willing to exercise that power which they
had no power or disposition to
_forego. Some of the com-
missioners under the statute were exceedingly irritated at the
refusal to hear the informations, and instead of applying for a
mandamus in which the Magistrates themselves would have
been happy to assist them, they published libels and pursued a
system of contlact tending to degrade the Magistrates, and to
render their authority useless. The common crier was employed
to give notice, that a meeting would be held at one of.the inns,
for the purposes of taking their conduct into consideration,
and of devising means to secure a proper administration of
the statute. This meeting was actually holden and a number
of resolutions, signed by Mr. Hardress as the Chairman, were
passed, and afterwards published in the proVincial,journals.—
By. these resolutions it was determined• that no more 'apPli..
cations should be made to Mr. Phipps or Mr. Bate (two
of the offending Magistrates) under the Act, and that the
beadles should bedirected not to take any person before them_
.that the commissioners would pay no longer for a room in which
iht,Magistrates had been accustomed to sit, but` that the inn-
keeper's account should be discharged up to the 29th of Octo-
ber ; and that a deputation shoydd be appointed to wait on the
Lord Lieutenant of the count to request him tO appoint new
Magistrates for the Brighton Division, and to present him with
a list whence such Magistrates might be. conveniently chosen.
Now the commissioners had a right to call a meeting for the
better carrying into effect the purposes of the statute; and they
had a right to decline providing a room for the sittings of the
Magistrates ; but they had no right to make . proclamation
against them by the common crier, or to publish resolutions
calculated to deprive them of that respect without which they
would be-worse than powerless. It was also sworn, that when
another Magistrate, David Scott, wished for the assistance
of the Beadles appointed by the commissioners to qtiell a dis-
turbance, he received for answer that none of the persons em-
ployed by the commissioners should act under his directions,
or those of his brother Magistrates. On another occasion, a
gentleman, whom he (Mr. Scarlett) would not name, as he be-
lieved him to be a mere instrument of others :entered the roomwhere the Magistrates sate, and said he wished to prefer an in-
formation,' but not before Mr. Phipps or Mr. Bate; and the Ma-
gistrates declared their belief that this was done, not from any
real desire to lay an information, but merely for the purpose of
insult. When the Court considered the population of Briyhton,
between 30,000 and 40,000 persons, and that this population
was constantly increasing, he trusted they would feel how im.
portant it was that the Magistrates who were appointed to pre-
serve the public peace should be respected by the people.
Those Magistrates had acted conscientiously in the course they
had taken ; they had no interest to act otherwise; and there-
fore they were entitled to the protection of the Court.
The "LORD CHIEF JUSTICE asked the Learned Counsel,
against what individuals his motion was directed?
Mr. SCARLETT replied, that twenty-five persons had signed
the obnoxious resolution, but that he only moved against two,
Mr. Hardress, the chairman, and Mr. Mort, who had been an
active partisan against the Magistrates.
•
The Court granted a rule to show cause.
The Court, on Mr. Scarlett's request, indulged him with
hearing another motion (of no public interest), that he might'
be at liberty to attend the Cambridge election.

BLEW V. GREEN.—(IIEMTCTIOIT
This was an action for seduction tried at the last Spring
Assizes, on the Western Circuit, before Mr. Justice HoLROYD,
in which the plaintiff recovered 701. damages. In last Trinity
Term Mr. C. F. Williams obtained a rule to show cause why a
new trial should not be granted, on the ground that the story
of the daughter of the plaintiff must have been untrue • inas-
much as she deposed that herintercourse with the defendant
took place in the latter end of November or the middle of De.
cember, whereas her child was not born till the 26th of October
following. There were also. other circumstances calculated to
throw an air of improbability over her narrative.
Mr. Sergeant PELT. now appeared to 'show cause against tie
rule for a new trial ; but stated that he was ready to consent to
a new trial on-payment of 'costs.
Mr. C. F. WILLIAMS declined to accede to this proposal in
the absence of his client, especially as the evidence on which
the verdict rested was not only improbable, but impossible in
the course of nature.

Mr. Justice HOLROYD read hii report of the trial. •
Mr. Sergeant PELL argued against the rule, on the grouud
that the witness had probably been mistaken in the dates, which
was highly probable in the distressing situation in which she WO.
She had been cross-examined at great length, and her attention
had never been drawn to the comparative dates, or she would,
probably, have corrected herself, or given a satisfactory expla-
nation of the circumstances.

The Coun T having required further explanation of the state-
ment of the witness respecting dates, were informed that she
first said the end of November, and afterwards the middle of
December.

Mr. Sergeant l•nr,r. again urged the delicate and embarrass-
ing situation in which Miss Blew stood, as a reason why some
confusion might arise respecting dates. It was also remarkable,
that if this confusion were so important as to furnish ground
for a new trial, it should not have been dwelt on by Mr. Wil-
liams in his address to the Jury.
Mr. Justice B. LEI observed, that even the dates, if per-
sisted in, would not be conclusive ; as Dr. Hunterhad said that
he knew of births after none months and fourteen days' gesta-
tion, and even, he believed at the expiration of ten months.
The LORD CHIEF JUSTICE asked hdw Mr. Williams coOld
explain his omission to dwell on this alledgetl impossibility at the
trial ?

Mr. C. F. WILLIAMS replied, that he had noted it on a piece
of paper which had been accidentally removed, and so had un-
fortunately omitted to notice it in his address to the Jury.-.-
But he recollected it the moment after the verdict was given, and
immediately mentioned it to the Learned Judge.
The LORD CHIEV JUSTICE observed, that the defendant
was in this dilemma—either the circumstance was mentioned,
or it was omitted : if mentioned, the Jury took it into consi-
deration before they gave their verdict ; if omitted, it was rea-
sonable that the party who now sought for a new trial on the
ground of that omission, should pay the costs.
Mr. C. F. WILLIAMS consented to take the rule on payment
of costs and on these terms it was made absolute.
TheCOURT, after hearing motions of course, rose.

•
COURT OF COMMON PLEAS, Nov. 23.
( Sittings in Banco.)
Nothing of any interest came on here to-day. The Court
was occupied for a great part of the day in hearing arguments
on a special case, the further hearing of which was postponed
till next term. The Court rose at three.

COBBETT'S MODESTY.—We do not know that
we have ever been more amused than by reading one of Mr.
Cobbett's Registers, of a week or two back, in which he pro-
poses to take Mr. Canning to school. We will describe the
qualifications which he possesses for the task of becoming the
foreign secretary's teacher in his own words t—" As to all the
chief matters appertaining to your office, I have greater ability
than you."—" I know that you are my inferior in all the matters
appertaining to your office ; I know that you have less ability
than I have with regard to those matters."—" Can you, or
can any one for you, pretend, that you are not the inferior of
him, who, many years ago, foresaw and foretold all that has
now happened : who has shewn that he understands the inte-
rests of every dass in the community, and saw as dearly how
each class would be affected by such or such measures or events,
as if he had belonged to that particular class, and had spent
his whole life in thinking Aolely of its affairs ?"—" In a lite-
rary character lam your master. I can state more clearly, and
reason more forcibly, than you. Matters, intricate in their na-
ture, I can simplify with more facility than you. I shall insert
a copy of my petition to Parliament, in 1820, as a specimen of
perfect writing—l defy you to equal it."—" In your own de-
partment of foreign affairs, I am more skilled than you."—" I
can write, and speak French better than you."—" The princi-
ples and practice of public law, I know as well as you can know
them,"—" and can write upon any subject appertaining to them
with more ability than you."—" As to the interests of the nation,
as these are dependant on its foreign concerns, I am oanyinced
I understand them better than you."—" There is further the
reputation for knowledge and talent, in which I am superior to
you all.—" And do you gentlemen of Whitehall, think drat yon,
or your Ambassadors, have as much weight with foreign go-
vernments as I have ? Talk of vanity ! It must be vanity in-
deed, that, can make you suppose, that any of the pretty 'pala-
vering things, called notes and dispatches, can have as much
effect with foreign governments as the Register has."—Our
readers will, perhaps, say this must be a joke—the man never
could have the impudence to write such bombast and nonsense
as this is.—We assure them, however, that this is verbatirn front
his pen. —( Provincial Paper.)