The Sun.
London, England, 1836-11-16 00:00:00

SPIRIT OF THE PUBLIC JOURNALS.

There are now three vacancies in the representation
of Ireland. The borough of Dungarvan, lately re-
presented by Mr. (now Baron) O'Loghlen, will, very
probably, return the Hon. Captain Phipps, brother to the
Viceroy, and a full participator in the political opinions
of that illustrious no!deman. Although the Beres-
fords have considerable property in the borough, they
have little or no influence. In fact, all mere family
influence in Dungarvan has bem torn up by the roots
by the intelligent and enterprising inhabitants of the
town ; and its future, like its late representatives, will
be really—what all Members of Parliament are in the
eve of the law—the freely-chosen of the Constituency.
To the city of Cashel the same remarks apply ; and
Mr. Wotilfe, now Solicitor-Genera!, will be there
unanimously re-elected. The other vacancy has been
created in the county of Longford by the death of
Viscount Forbes, the circumstances connected with
which event are mentioned in another part of this
paper. The Noble Lord, whose family always sup-
ported liberal measures, was himself a zealous advo-
cate of Catholic emancipation in the Lower House
of Parliament, as his father, the Earl of Granard,
was in the House of Peers. In 1831, however,
a split arose between him and the popular party in
Longford ; and, unfortunately for bOth parties, he
coalesced with a fanatical and intolerant Countess,
who had hitherto been his bitter opponent, and was,
together with her Ladyship's connection and protege
—Mr. Anthony Lefroy—defeated at the general elec-
tion by Mr. Luke White and Mr. Halpin Roarke, the
two popular candidates. An ultra-Tory Committee,
however, reversed the decree of the electors, and sub-
stituted
the Noble Lord and his colleague. So far
his Lordship may be said to have triumphed : but it
was a victory which gave no satisfaction. We be-
lieve Lord Forbes did not sit half a dozen times in
the House of Commons since that period. He felt that
he was in a false position—a Tory while his name
was associated with all that was popular and liberal—
the accomplice of his ancient foe, in an attempt to
put down that people whose generous support he and
his family had, for upwards of a century, enjoyed—
a crotchet Member for a county which his race
had freely and really represented for ages before.
These considerations, we have reason to believe, se-
verely oppressed him. We regret the cause and
the effect ; for there were many good traits in his
Lordship's character. Lord Forbes was also Lord
Lieutenant of Longford, an office which had been
conferred upon him by his friend the Marquis of
Anglesey, who was Viceroy of Ireland when the Act
of Parliament passed which abolis_hed the governor-
ship of counties in that part of the United Kingdom,
and in this respect assimilated the law in both coun-
tries. When,
.however, the commission of lunacy
found the Noble Lord to be insane some months ago,
the Lord Lieutenancy was, if we mistake not, trans-
ferred to another individual—Mr. Luke White—who
will undoubtedly succeed his Lordship in the repre-
sentation also of the county. We should like to know
whether the Tories will expose themselves to ridicule
by contesting the vacant seat ? A general election--
no matter when, and under what circumstances, it may
occur—will assuredly afford the remaining Tory Mem-
ber for Longford more leisure for the dissemination of
tracts than is compatible with a Parliamentary life.
Meanwhile Mr. Lefroy's votes in favour of the corrup-
tionists will be neutralized by those of the successor of
Lord Forbes.—Morning Chronicle.
This day has been fixed, and is announced, for the
first Whig-O'Connell Cabinet dinner—at once a coun-
cil and a dinner. Auspicious day, and blithesome an-
niversary ! It was on the 16th of November, 1834,
Lord Melbourne bad to announce to his frightened
colleagues, that King William IV. had on the previous
day dismissed from offices, for which they were then as
unfitted as they now are, but not one atom more unfit
a set of Ministers, for parallels to whom we might ran-
sack in vain the voluminous records of incapacity and
unworthiness, ancient or modern—men whose lot has
in it thus much of a negative complication, which is
not altogether devoid of some claim to sympathy—.
viz., 'that they are not held in pure contempt by reason
of having long possessed and largely exercised the
power of inflicting irretrievable mischief on their
country ; nor at the, same time ought they to be
exclusively odious, baseness in them being cor:,,e_
vial and instinctive, less the work of their free
will than of their natural constitution a"a necessities.
These men—Lord Melbourne and. bis colleagues—
were dismissed from office, wly%n loaded with all the
honourable distinction which it was possible for a
public enemy to cetral: upon any English statesman,
because they had for several months before been the
chosen topic of' Mr. Daniel O'Connell's virulent and
merciless abuse. They now celebrate their victory
over the King and Constitution of Great Britain,
their return to place, and their continuance in it,
while besmeared all over with the flatteries of their '
former persecutor, and offending our sense by the
noisome steam of his panegyric. Sweet are. the uses
of adversity ! The Melbourne Cabinet stood in need
, of an experiment upon the bathos. Dismissal was
nothing. It has been the fate of noble and illutrious
men in all ages of history. It was left for the Whig
romp to immortalize its members and confound the
world, by showing into what depths of disgrace one
headlong plunge into seeming prosperity may carry
the low-minded, the reckless, and the foolish. The
return to office of the Melbourne Ministry, taking
into account the machinations by which that dis-
aster was achieved, and by which alone it could
be continued, forms what the future historian of
these times will pronounce to be the most signal
example of mixed immorality and meanness thert
faction itself can furnish. What will be the
first toast introductory of this evening's orgies? cc The
15th of November, 1834." Drunk in knock heroic
silence I The next toast ? " The Sovereign to tvhomn
tee owe our restoration. (Tune, the " Rogue's
March," followed by " Patrick's Day.') After which
Lord Duncannon of course will pull from his pocket a
copy of Mr. Eneas Macdonnell's letter, which appears
in this day's Times, and in honour of the last toast will
enumerate at length from the Maedonnell catalogue
the unpayable obligations for which the " base and
bloody Whigs " stand indebted
to their generous be-
nefactor ; the noble Viscotant of the Privy Seal being
himself so deep on the
. debit side of Derrynane books,
that if he be not I.eankrupt in 'gratitude, he must have
whole mines bt that rare metal to sustain him. Our
industriou', and hard-hitting correspondent judges right,
that w
.'nere facts are really strong, they cannot be
im-
';ressed upon the public mind with too much force or
frequency. He recalls on this occasion the several in-
stances and descriptions of reviling which Mr. Daniel
O'Connell has indulged in towards various indivi-
duals, leaders as well as subordinates among the Whigs,
before the accession of the present Cabinet to office,
and then asks with great pertinence and justice,
why did O'Connell then abuse the Whigs—viz., Lord
Grey, Mr. Spring Rice, and Lord Duncannon,
without allowing himself or them a moment's interval
of relaxation ? and why does he now, since the return
Mr. Spring Rice, Vic.
of Lord Melbourne, stifle
them with his hourly applauses ? 1
oe wherefore
is supplied with much clearness and truth by the
.
of our correspondent
present letter Mr. Daniel
Grey, and charged him
O'Connell abused Lord
with cruel hatred and contempt for Ireland, as he
. did likewise the body of the Whigs, and Lord Dun-
cannon,
name among them
by because, as he him-
self declared, that it was they did not then take
him (O'Connell) for their adviser, or pursue the
policy dictated by him for effecting the ruin of the
empire. It was for this their primacy demerit that he
accused Lord Grey, &c., of " hostility to Ireland ;"
that he outraged in the most indecent terms the
character and conduct of Lord Anglesey, on whom
he had, in hopes of having the Noble Marquis for his
instrument, lavished the most fulsome adulation—for
this, that so long as Lord Duncannon was restrained
from offering England and her Monarch the indignity
of putting his own neck under the heel of the agitator,
he assured the unhappy Viscount that " you will never
get credit for sincerity or political purity ;"—for this
that he charged Lord J. Russell, while his Lordship
yet had the grace or honesty to maintain the character
of a British subjects with cherishing the same senti-
ments with the body of the Whigs ; for this, but with
unwonted truth, he ridiculed Lord Melbourne as " ut-
terly incompetent for the high office he holds,'! and

execrated the bulk of the WThigs as a party, because
Ireland had nothing to expect from them save
insolent contempt, and malignant but treacherous
hostility," defying " any man to mention one single
act which they had done for Ireland—i. e. for him,
O'Comr11;" and for this, that, finally, two days after
their dismissal, but before the conspiracy
.at Lichfield.
house, he taunted them with the mortifying boast that
he and his Papists " had coerced them ; " our dg„
termination and vigilance enabled us to turn their
becility and hypocrisy" (sec that, 11-Ines, you have'
sat for the portrait) "to account." Then we ask,
with Mr. Macdonnell, if O'Connell vilified these
Ministers when they held aloof from him, and pre-
ferred the interests of their country to his favour, why
does he now bepraise and support them, hitt because
they prefer his patronage to their country, have become
his slaves, anti the tools of his systematic rebellion
against the King, the Constitution, and the paramount
rights of Great Britain ? The Ministers had better,
even at this late season, taste rebellion and spit it out,
than drink deep of it and perish. .We fancy that,
without reference to Lord Melbourne's table, they have
already more food before them than they are likely to
digest.--Times.
A rumour is current through some of the German
Papers, that the Emperor of Rus'jia intends, on the
anniversary of his name-day, to pass various acts of
tt clemency," or, as they should more correctly be
termed, mitigations of cruelty. These
.proposed'acts
of grace are highly eulogised by the Russo-German
Press, as if it were a great personal sacrifice for a
tyrant to relax for one day in the year from tivit perse-
cution of his victims, and certainly with the eminently
wicked it deserves some meed of praise not to carry
crime to its uttermost excess. It ;
-- •.s expected that
pardon will be extended to General Kouckewiecki
and Prince Marshal Radzivill, who, since the failure
of the Polish insurrection, have been doing penance
in Siberia for their devotion to their country. The
illustrious Prince Czrrtoryski, notwithstanding every
intercession, is espciallv exempted from the amnesty,
" which," as Ile Swabian Mercury has it, " cannot
excite so prise, since he, ever since the last catas-
trophe, continues in foreign countries to prove him-
self an inveterate enemy of Russia, and may still be
considered as the centre and chief supporter of the
discontented at foreign Courts." This groun3 of ex-
ception is the highest compliment which the Prince
could receive from the Autocrat, and will reflect in&
nitely more honour upon him than the:worthless and
degrading permission to return to a, country prostrate
before the most relentless of ty-rannies. We should
regret that Czartoryski should incur the semblance of
obligation from the ravager of Poland—more especially
as the time must come when his exile will have a more
glorious termination, and when we trust his return will
herald in the enfranchisement of his native land.
Prussia is proving herself a most able and zealous
assistant in the diabolical persecution of the unfortu-
nate Poles. Instead of fulfilling her engagement by
allowing the refugees to leave her- territory without
molestation, it appears by a letAer from the Secre-
tary of the Polish Emigrants in London, that there
are at present 177 Polish, non-commissioned officers
and soldiers employed iu the hardest labours, and sub-
jected to the most barbarous treatment, in the fortress
of Grandentz, where they arc immured with the ut-
most secrecy, and cut off from all comini2,nication
without the fortress. In Cracow also Prussia plays
an infamously conspicuous part, and impatiently urges
Russia to complete the extinction of the republic.
How long is the vengeance of liberty to be delayed ?
Morning Advertiser..

The kinisterial prints seem particularly anxious to
make the public believe that the recent law appoint..
meats in Ireland have been completed without any
dispute, or any traffic, or any altercation, among the
Members of the Government, or between the Govern-
ment and any
of its dependants, auxiliaries, or pro-
tectors. The Ministerial Journals ought to be better
informed upon such a subject than their opponents of
the Press, and, therefore, we shall not take upon us to
contradict any of their statements. But, in making
this frank and liberal concession to our contemporaries,
it is necessary to draw the attention of the country to
what their statements really are, and to the inferences
whir fn flow from them. And first with respect to the
seat on the Exchequer Bench, the acceptance and re-
fusal of which by Mr. O'Loghlen. have been alternately
asserted at least twenty tblies by the Ministerial
Journals themselves—what is the information they now
afford us as to the causes of that gentleman's pro-
tracted hesitation, arid the motives of his final resalution
to accept the appointment ? We are told by the
Dublin corresponder.it of the Morning. Chronicle that,
in submitting to his elevation, Mr. O'Loghlen makes
a great sacrirce both of interest and feelings ; that
previous. to his elevation to the Attorney-Generalship
he VMS in the receipt of 6,0001. a year ; that he could
command his business at any moment ; that he is fond.
of the activity of public life,. and that legal business
is but his pastime. These are excellent reasons
why this Gentleman should not have wished to re-
sign the solid and flattering advantages of his
actual position in order to become a puisne Judge.
We are further told, by the same autiority, that the
fault of Mr. O'Loghlen seems to 'oave been that he
was less prompt and decided th.'an could have been de-
sired ; but great credit is utvertheless awarded to him
for having « taken b,
to sacrifice his step utterly repugnant to his
feelings, as a test
of the extent to which he is willing
I's own individual piedilections to thewishes
a)Y,li supposed convenience of a Government to
whiel'..his country is so much indebted." Now it
se'ans somewhat unaccountable, if there were no jar-
ring elements to compose, no intrigue to promote, no
individual aspirations to satisfy, no jealousies to allay,
no dreaded conflict to avert, that Mr. O'Loghlen
should have been invited, and even importuned, to
accept an elevated office which many men, as compe-
tent as himself, would have taken without reluctance,
but to which he was decidedly averse. If no object
was in view beyond that of providing for the due and
satisfactory administration of justice in Ireland, how
could it have happened that the wishes and supposed
convenience of the Government should exact from this
particular individual so great a sacrifice of his inte-
rests and feelings, lie being only one of many indi-
viduals at the Irish bar, well qualified to discharge
the duties of the vacant office ? Was the Govern-
ment in the absolute necessity of appointing a Roman
Catholic to the vacant Judgeship ? Was there
any reason to apprehend that—in case of Mr.
O'Loghlen 's persevering refusal to ascend the Bench,
some unfit or objectionable candidate for the office
might have been forced upon the Government by an
authority which they can neither satisfy nor resist ?
Explanation is evidently necessary. Timings cannot
be in their natural and proper state—something must
be wrong---when the Government is reduced to the
extremity of calling upon any man for such a sacrifice
as that for which the Ministerial Journals eulogise Mr.
O'T °Olen. If, as our Ministerial Contemporaries
describe, this legal Curtius,has leaped into the gulph
of the Exchequer, to avert some danger from the Go-
vernment, we are at least entitled to expect from them
a definite and intelligible explanation of that danger.
W hat was its nature ? From what quarter was it
threatened ? That any difficulty could be experienced
from the want of eligible and well-qualified men at the
Irish bar willing to fill the vacant situation is an as-
sertion to which they cannot resort. We are anxious
for a Ministerial solution of the mystery ; and, until
we obtain it, we, in common, we believe, with the great
majority of the people of Great Britain and Ireland,
will continue to believe that what embarrasses Go-
vernment in the appointment to judicial offices in Ire-
land is the lamentable and disgraceful circumstance,
that in Ireland there exists an authority which Mi-
nisters are bound by their position to gratify or to
appease, and that with this paramount authority the
due administration of justice is not an object of
primary importance. The vacancy of the office of
Accountant-General to the Court of Chancery has
also been supposed to have occasioned some embar-
rassment to the Government, and some rather vehe-
ment altercation among the members and supporters
of the Administration. This supposition we are now
told is altogether erroneous. Lord Plunket did not
wish to repeat, in this instance, the oblation of a Han-
nibal upon the altar of his country. His Patetotie
fervour had it seems subsided. He had even con-
sented to the appointment, by Lord Mulgrace, rof Mr.
Fitzsimon, the son-in-law of Mr. O'Connell, to

" this honourable retirement, which the unconquer-
able love of that gentleman for a domestic life,"
we quote from the Chronicle, " would have ren-
dered peculiarly acceptable to him." It was
in gratitude then, we suppose, for this complaisance
and forbearance • (probably the first instance of the
kind to be found in the judicial life of his Lordship)
that Mr. O'Connell took the first opportunity of as-
sailing the Noble and Learned Lord with more than
his habitual coarseness of vituperation. All this may
be true. Mr. O'Connell may have chosen this par-
ticular moment to lavish his abuse on Lord Plunket,
not, as was supposed, because his Lordship had inter-
posed an impediment to the appointment of Mr.
O'Connell's relative to a desirable situation, but be-
cause he ,iad removed one. The journals in the in-
terest of the agitator assert this, and they ought
to know best. All tha we can say is, that it is
but in the natural or ordinary course of affairs.
Mr. Fitzsimon, however, notwithstanding the ill-
requitted benevolence of Lord Plunket towards
him, is not to have the situation after all. And
why ? Will it be believed ? The Ministerial jour-
nals, which have been brag,,ing for several mouths
past of the success of the Melbourne-O'Connell fac-
tion at the registrations in Ireland, who have constantly
insisted that nothing was so impossible as that the
Conservatives at any election in that country could
gain upon them, are reduced to the necessity of confess-
ing that Mr. Fitzsimon, " with a numerous and in-
creasing family, and a moderate fortune"—we again
.quote the Morning Chronicle—" foregoes a respectable
situation, with comparatively light duties and a hand-
some salitrv—a situation besides which his unconquer-
able love of domestic life would have rendered peculiarly
acceptable to him—lest in present circumstances a
Tory might by possibility slip into the representa-
tion of the metropolitan county." This is excellent.
For our part we never believed what the Ministerial
journals have been repeating so often about the
electioneering prospects in Ireland of the Ministerial
faction ; but we own we did not expect to have our
scepticism in this matter so soon or so completely jus-
tified. Mr. Fitzsimon, " that single-minded gentle-
man," that lover of domestic privacy, that man of pure
and patriotic motives, and who, to all his other merits,
adds the still higher advantage of being son-in-law of
Mr. O'Connell, and joint of his tail, is compelled to
make a great and painful personal sacrifice, for no
other reason than that he is the present representative
of the county of Dublin, and that his successor in the
House of Commons will, it is foreseen, be a Conser-
vative. This is a pretty satisfactory exposure of the
misrepresentations as to the state of the constituency
of Ireland, by which the Ministerial journals on both
sides of St. George's Channel have laboured to de-
ceive the community.—Morning Post.

The Dissenters are preparing with great industry
and zeal for a bold fight on the question of Church
rates, as soon as the Session of Parliament opens.
They are thoroughly provoked at the hesitation and
dissimulation of the Government in this matter during
the last Session. They will not, however, quarrel with
the Administration because they think it might not be
easy to obtain another so capable of being forced to
yield to their demands ; but they will put that force in
action without delay, and if it should not be successful,
the Ministry will soon feel the effects both of their
disappointment and their resentment. The history
of the latter part of the last Session shows that the
Dissenters had even then begun to put the screw
upon the Ministers, who became frightened accor-
dingly, and endeavoured, by a shuffle, to appease the
wrath which they saw was gathering up against them.
In the month of July, Lord John Russell spoke in-
deed of a measure regarding Church rates for the
next Session ; but he described it, with all the em-
phasis of which he is capable, as a measure for the
regulation of Church rates, and, in a fit of injudicious
exasperation with the impatience of the leading Dis-
senters, he plainly intimated that the measure might
possibly be far from satisfactory to those who looked
for an abolition of these sates. A little time and cool
reflection served to show Lord John, that whatever he
might have intended, he was not in a condition to
speak in any other terms than those of submis-
sion to the will of the Dissenters. He took an
opportunity, therefore, just before the close of the
Session, to unsay what he had said, and, after a great
deal of palaver to the effect that it was his own ex-
treme candour and scrupulosity, and not any intention
of giving short measure to the Disssenters, which had
made him speak as he did on a previous occasion, he con-
cluded with an assurance of his hope that the measure he
would have to propose in the next Session respecting
Church rates would he satisfactory to those interested in
the subject. This explanation, or recantation, or whatever
it should be called, seems to have soothed the particular
Member of the House of Commons for whose especial
satisfaction 'it was delivered, but nothing can be more
evident than the distrust which still reigns among the
body of the Dissenters. They are not, to be sure, so un-
conscious of Lord John's Ministerial mind, as to sup-
pose that he cares anything about Church rates, except
as a matter the settlement of which concerns his
tenure of office. They do not fear that through any
regard for the national support of edifices dedicated to
the national religion, he will be slow to come into their
views ; but they do fear that he may find the balance of
interests rather in favour of regulation than of abolition,
unless they bring all their force to bear with promptness
and decision in favour of the latter, and to that they are
now directing all their energy. Most heartily do they
despise Lord John Russell, and most potently do they
believe that whatever they obtain from him must be
obtained by putting him in fear of his place ; but from
their ability to put him in that fear they no doubt ex-
pect great things. No man with the slightest preten-
sions to memory or understanding of what has taken
place in Parliament for the last two years, can doubt
that the intention of Lord John Russell and the other
Ministers has hitherto been to appease the Dissenters
on the subject of Church-rates, without an abolition
of the national maintenance of the churches. The
scheme of Lord Althorp, developed by him to the
House of Commons—the subsequent allusions to it
by those who were in subordinate situations as his
colleagues, and now hold the chief places in the
Government--the answers given on more than one
occasion to Sir Robert Peel—all show, as clearly
as anything can be shown by induction that the
present Ministers up to the last month but one of
the last Session, intended that a national support of
the national edifices of religion should be continued.
It is certain, however, that the demand of the Dissen-
ters is, that there should be no such support of the na
tional churches by the people at large, but that they
should be supported for the future out of the property
which belongs to the Church ; that is to say, to the
aggregate of ecclesiastical persons serving the offices of
the Church. How then is Lord John Russell to intro-
duce a measure satisjiictory to the Dissenters, and
consistent with his opinions and declarations even of
the last Session ? It is impossible. lie must either dis-
appoint the Dissenters, or contradict himself. It will
puzzle even such wriggling ingenuity as his, to point out
a reasonable foundation for any great change in a mat-
ter of principle upon this question, since the month of
July in the present year; and that he had at that time
views of the Church rate question which were not
satisfactory to the Dissenters, we can brim forward
their own statements to prove. It is impossible (unless
the Dissenters relent) that this affair can be settled
without great damage to the Ministry, either in votes
or in character. That the Dissenters will relent lye
believe there is very little probability. In conclusion,
we would refer our readers to the article headed
" Church Rates," which appears in another column,
and in which a mass of evidence will be found, suffi-
cient to bear us out in the view we have taken of the
extraordinary position of his Majesty's Government, in
regard to the question that has drawn forth our remarks.
—Morning Herald.

MR. LODGE'S PEERAGE.—A very great improve-
ment will be effected in the forthcoming edition of Mr.
Lodge's valuable Peerage for 1837. At the suggestion of
several of the nobility, the Arms of the Peers, beautifully
IN ymtv , and incorporated with the text, will be introduced
,;"
_4(,..,..,;4: -4?.0 ,
vi,,,e,
rt.
eorxylsotfinegacphafearmagiley;tthheuirs
collateralgiina complete
branches
andac-
cl: • Ify, ri imp 7 i wrings. The learned Editor, in his official
'. ' Oiriit--4:" g roy King at Arms, has, we understand, re-
?..:,,,V.,--iviS•ii .• r s communications from the Nobility, who
(
4c, ytii-:-;‘,l;indly .e.ro4 ate in their efforts to render this the most
. = ~::snmplfikam on the subject extant.

'~~ ~

LAW IN TELLIGENC

ROLL'S COURT—Nov. 15.
COTII/01 V. WEST.

This was a bill filed to have an account taken against
the defendant as the representative of the testator i❑ the
cause, the plaintiff's father. The testator, by his will,
dated the 2d of October, 1795, devised his estates to trus-
tees upon trust to hold the same for William Cotham for
his life, with remainder to his issue. The testator died in
1819, leaving a son, the present plaintiff, an infant, who be-
came entitled under the will. Mr. West, the co-trustee
under the will, took upon himself its execution, and conti-
nued in the receipt of the rents of the estate until 1828, or
permitted his son to do so on his behalf. On the death of
Mr. West, his son, the present defendant entered into the
receipt of the rents. The bill was filed in 1834, and an
order was obtained for the payment into Court of the
balances alleged to be due to the plaintiff, or that security
should be given. The defendant an his answer admitted
the receipt a the rents, but at the same time alleged that
he had mixed them with his own moneys, that he had not
kept any fixed or separate account, and that he had em-
barked a portion of them in his business of a brewer and
spirit dealer. He also admitted that from time to time
he had advanced sums of money beyond the capital, for
which he received interest, with annual rests. Under
these circumstances the bill was filed for an account, and
payment of the balances which should be found to be due
to the plaintiff, with interest at five per cent. and annual
rests.
Mr. PEMBERTON for the plaintiff, submitted that if a
trustee though proper to deal with trust property in the
way in which the defendant had dealt with this—the
Court would not sanction such conduct, but make a de-
cree in the terms prayed, with costs up to the hearing.
Mr. TINNEY, on behalf of the defendant, submitted that
the account prayed against the defendant was too severe.
His Lordship the MASTER of the RoLLs, after com-
menting on the facts of the case, was of opinion that the
defendant should be decreed to account and pay upon the
balance found to be in his hands 5 per cent. interest, with
annual rests. The defendant must also pay the costs up to
the hearing.

COURT OF KING'S BENCH, Nor. 15.
MOTT V. DELANE.

Mr. PLATT on a former day stated that this was an
action of trespass, tred before Mr. Justice Gaselee, at the
last Assizes at Lewes, when it appeared that the plaintiff
was the present lessee of the New Steyne Hotel at Brighton,
the defendant was the mortgagee of the New Steyne Baths
there. The verdict had been in favour of the plaintiff.
The hotel and the baths adjoined each other, and stood
upon a spot of ground formerly leased out by the owner of
the freehold to a person from whom both the plaintiff and
defendant derived title. The two buildings were erected
close to each other, and were at different periods in the occu-
pation of one person. While this was the case a passage and
two or three doors, forming a communication between the
hotel and the baths, were made ; but when the occupation
came to be in two different persons4the defendant stopped
up this passage and the doors, and the plaintiff then claimed
the passage as part of the premises granted under the lease
which he held. At the trial of the cause the great objec-
tion was to get the plaintiff to produce his lease, which
would have been fatal to his claim ; but Mr. Justice Gase-
lee permitted him not only to give parole evidence of the
mere act of trespass, but also of the way in which the land
was used, and the conduct of the parties who had first
erected, and of those who had afterwards used, the build-
ing. It was 'quite clear that, in a case of this kind, evi-
dence of this sort was not admissible, and the Learned
Counsel, therefore, applied for a rule to set aside the ver-
dict given to the plaintiff.
The Court took time to speak to Mr. Justice Gaselee,
and this morning intimated that there ought to be a rule.—
Rule granted.