The Sun.
London, England, 1822-07-19 00:00:00

LAW INTELLIGENCE.

COURT OF CHANCERY, JULY la.
• • MARSHALL V. HOLLOWAY.
Mr. RAITHEY' stated that this had been a case which was
referrettto his Honour the Master of the Rolls, to inquire whe-
ther Mr. Serjeant Marshall and Mr. Serjeant Law ought or
ought not, as executors of the late Mr. Holloway, to let, for
the benefit of the testators heirs, a box in the Opera House,
No. 125, and also two silver tickets, and the Master did decide
that they ought to be let. .Afterwards the guardians of the in-
fants interested were advised that the executors should be
accountable to them for not having done so sooner to the amount
of 5001., and a motion to that effect was made in January last
in this Court, which stood over to give an opportunityOf filing
some affidavits until to-day, and it now 'came on on the simple •
point to know whether those Gentlemen should be considered
, by the Court as liable ,to pay that amount.
'' After Counsel had been heard for the defendants,
His LoniisitlP saiit,-Willing or unwilling to charge those
executors with a default, if from the whole it appears to me they
are defaultive; it will be my duty. to charge them with it ; if , on
the other hand 1 think it was not incumbent upon them to let
this box and tickets, why then it will be my duty to say they are
not liable. For my own part, I know very little about an Opera
box, more than that I understand them to be as fit for letting as
any other real property ; and I understand that there are almost
daily advertisements for such to be let, not that I myself often
or ever see those .but I hear in companies that I sometimes enter
Into, that" 31r, So-and So's box is advertised to be let; I toe let
my Opera box ; or we are now going to t.tice one on the opposite
side :7 therefore I understand that-money may be made of them.
But then in this case I am to consider,-whether it will be better
to look at 501. which might have been got from the box, or
whether, if a bill be filed in Chancery, which will put the estate
to. 2 or 3001. expense ; I say I am to consider which of those
two conclusions will be the best for the interest of the infants.
However, I will look at the affidavits, and from them say whe-
ther I think they, as executors, in such a case, have done that
which.they thought they were justifiable in doing.

upon the subject, but paid the money, and entered it in his
book, " Coronation fees, two_guineas,' an extract of which he

produad.
Sir R. BIRNIE said he thought.it right to ask Mr. Fellowes
two questions. The first one there were any Corona-
tion Fees ; and the second was—lf Mr. Phillips was in the •
Lord Great Chamberlain's employ on the 19th of February ?
Mr. F. replied first, there were no fees as he knew- of ; he could
not find any record of any in the Lord Great Chamberlain's
Office. He replied, 2dly, Mr. P. was not in the employ of
the Lord Great Chamberlain on the 19th of February, he hav-
ing been discharged in the month of August last, the business
of the Coronation being over.
Mr. Phillips, in his defence, admitted all that was sai4:l
justified what he had done, by saying Mr. Fellowes had said
he might make what fees he could, and that he could prove that
Coronation Fees were taken at the Colonation of George 111.
by subordinate officers like himself, by a man who is 78 years
of age. He repeated his consultation at his commencement
with the Earl of Harrowby, who advised him to get a book in
preference to a sheet of paper ; but he did not say that the
Noble Earl advised him to stamp it with the insignia of
authority, such as G. R., Lord Great Chamberlain's Office,
Coronation Fee, &c. as the book without these would have
been as harmless as the sheet of paper. He also represented
the interview he had with the Earl of Shaftesbury, wht? app
proved of his conduct. The only Peer he named as objecting
to pay was the Earl of Verulam, who said it would be a tat
upon the Peers, as it was possible there might be a Corona-
tion every ten years.
Sir RICHARD BIRNIE advised him to discontinue that kind
of defence, as by his own sheaving from the language used by the
Earl of Verulam, he must have gone to him by way of demand,
which, however, Mr. Phillips positively. denied, and expressed
great abhorrince at the idea of his using any false pretence,
and all that was given to him was purely optional. Mr. Morris
and Mr. Fellowes having signed their depositions, Mr. Woods,
the Clerk, was about to bind them over in the usual way, to
prosecute, when Mr. Fellowes stopped him and objected,
saying he did not wish to appear as the prosecutor, but merely
attended there by desire of Lord Gwydfr, the Lord Great
Chamberlain.
Sir RICHARD BIRNIE said, he hoped that Mr. Morris would
not be the only one singled out to give evidence, as on looking
over Mr. Phillips's book, he particularly noticed the names of
the Marquis Camden, Earl of Shaftesbury, Lord Kenyon, &c.
Mr. Morris also objected himself to geve evidence, he not ex-
pecting that when he was sent for to the Office, to be made to
prosecute. With these feelings of the witnesses, the binding
over to prosecute was dispensed with.
Sir RICHARD BIRNIE then informed Mr. Phillips, that the
offence with which ,he was charged was bailable, and that he
should not call upon him for a large sum, but 201. would be
sufficient. 11Ir. Phillips's friend, who proved to be Mr. .Teffries,
.of St. Alban's-place, then stepped forward, and said, he was
proud to call Mr. Phillips his friend, and spoke in the highest
terms of his integrity and honour, and that he had no doubt
that he would not do any thing by a false representation.
Mr. Phillips's son offered to return the money, if it was con'
sidered his father had received it improperly,
Sir R. BIRNIE, in reply to Mr. Jeffries, said, he dared t°
say all he had said of Mr. Phillips was correct, and that the
Legislature in passing the Act did not contemplate such a ease
as this, but had in view embezzlements.
Mr. Phillips said he had no doubt he could procure a hundred
bails, which Sir R. BIRNIE said he had no doubt of, and being
informed a second housekeeper was sent for, observed, he I's'
very reluctantly committed Mr. Phillips, and very handsomely
agreed to take the bail of Mr. Jeffries only.
INFLAMMATORY POSTING BILLS.
Thomas Webb was brought to the Office, in the custody. of
Oddy, one of the constables belonging thereto, charged tor'
being the author of several inflammatory libels in manuscript,
which had been posted up in parts of Westminster, the Horse,'
Guards, &c. The contents of the papers were libellous on his
Majesty's Ministers and the Officers of the 3d Foot Guar°.
The prisoner avowed himself the author of the contents of the
papers in the most firm, determined, and deliberate-mariner, "t
the same time displaying such a stock of impudence and igne:
rance that is seldom to be met with ; his conduct arises from
circumstance which took place as long as April, 1816, ocer
-sioned by the death of John Hegg, a private in the 3d Be:
ment of Foot Gi'ards, who being seized with a fit was bled 7,
Mr. Charles-Newby, the Assistant Surgeon of the regime:lli;
the man continued ill for several days, and at length
when it was thought right to open his body, when it was ase;
tained by the Surgeon belonging to the regiment that the caul
of his death was an inflammation in his intestines.
Sir RICHARD BIRNIE asked the prisoner who he was, artij,
what he was to the deceased ? He replied he lived
ner's-lane, Westminster, got his living by beating carpets, ,‘
and was brother-in-law to the deceased. the
Luke Tether, a serjeant in the same regiment, identified the
prisoner as the man who was extremely troublesome afterbo
death of John Hegg, during the years 1816 and 1811' t for,
Colonel Hill, the commanding officer of the regiment,
the prisoner and read over to him the correspondenscene that
had passed between the Commander-in-Chief, the SecretarYwho
"War, the Secretary of state, the reports •of three surgcOns
attended the deceased, and the approval of the principafo,
geon of the regiment, of their treatment of him ; yet. nOtloy
standing this attention to the prisoner, lie behaved extre"'
e of
rude to Colonel Hill.
Colonel Roche attended yesterday with a large packiale
the Official Documents, Correspondence, &c. which Coo
taken place upon this subject, and Sir R. BIRNIE read esr,,„oe
the prisoner deliberately the most essential documents "spo
pie subject, but his stupidity, impudence, and ignorance', be
'seared to be proof against any conviction that coula
brought to him. what
a
Colonel Rooke asked him what it was he wanted, or
it
was he required, to which he was not able to give reasonable.
answer.
Sir R. BIRNIE repeatedly told him it was a bailable offld
which he treated with disdain and contempt, saying he shubot
not ask any body to bail him with the risk of being denied,
preferred being committed for trial.

tr
BaArtt.,Sahna:thPelalcaes,t nofeabrisNneawDrlbluelEraynD,dOnfamSailtUy7lay last, An ,wei(Ds'
beth Ann Andrews, only sitter of the late Sir Joseph A'l1—
On the 11th of June, Mr. David Lamb, senior, Ine
Charleston, South Carolina, formerly of Glasgow. vier
Lately, at Catton, Norfolk, Dlr. White, father of the fse As".
ed Henry Kirk White, whosvoetical remains have 10
Vourable an impression on the public mind. Of
--1.1,1
On Pridayose'ennight, at Chatteris, in the 84th 1„
age, Mr. Joseph Richardson. The deceased has 1a ail
brothers, whose united ages amount to 230 years, Or
siding in the parish of Chatteris and its neighbourhoown. o„,
On the9th Instant, at Spekelands, Thomas Earle
68, one of the Senior Aldermen ofilis Borough, and , d
aleAttt•in
trate and Deputy Lieutenant for this county. The oh,
this excellent and much-respected-man is Gloss to soci,l„l;.ssll,te
will be long and seriously felt, although a protracted '"' for ~et
but too well prepared his friends and fellow-townsmen Ion",
event. To no individual, perhaps, is the town of Liveln-AttAre.
greater obligations for his public services than to he r.
After a residence of severalyears in Italy in early Itleipeo.
turned to his native place, and in 1787 served the office the C,,g
He was, to the time of his death, deputy-chairman of 0E1;
mittee of Dock Trustees—an important and responsil: "odeol
tion, which he had zealously filled for many years 'he 11in
The midst of extensive private avocations, *lntl at I oseso,
of one of the oldest and most respectable mercantile
this town, he always devoted a large portion of his tiolleso,':110
lentato the service of the public. As a patron and pro t°,10:6
numerous charities, literary and scientific institutionsie t 1 P:ii
public works, for which Liverpool is justly distinguisheners 701
will be found enrolled. Of the enlightened foreiroe e(itite
strangers, to whom his house was at all times open, 11 silo ;,.e.
leave his society without feeling that the gentletOr'ots'ai,
well-informed merchant found in him a correct rePred
Ile was, in truth, an ornament tohis profession, t°lo,-
vidual whose character reflected honour on his n$ and r,c;
In social life, Mr. Earle was cheerful, courteolls,eneogible,
pitable ; in manners, polished ; and in conversatioV,
ag'reestri,
possessing a mode of expressing himself pectiliariAeris6.ll
and not unfrequentlyheightened ,by playfulness oreyereeto.4l
As a Magistrate, he was firm, but conciliating ; bas to ;,111,
execution, though cautious in decision. Experierleehis opillfrool
him, on all occasions, to weigh well before givinC, those fDi
O
and his judgment was therefore respected,. eve n°. features
whom he differed. Probably the distingtushin, le It
cs,fe
character, indeed, were coolness in deliberation, It to
ce in
in acting ; which latter he may sometimes th°lginfluell riol
carried to an extreme, considering his weight aer id to the fo'
society. In politics, he was steadfastly attach , ~se
ciples of Arr. ox. His information was
cultivated, and his taste correct. His feelings 90" ginELIPy,
rabre cogrs
extensi; bes/UOl
warm and benevolent ; " his life was honou 00/ ,
and his death will be deeply lamented."—(Liverf

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