The Sun.
London, England, 1813-05-08 00:00:00

LAW REPORT.

COURT Or C.,l*; MAY '

WATPBS-V. TAYLOR.

The Comicet hlving finished their arguments,
rie 1
n.v...l:czt.t.oa • observed that it had
hoe & his. lot to have mach to do
.with the concerns
not only of thi3', but or the Drury-lane and the
little Theatres also, brit after all.he had heard;
it, lucid so happened, that he still continued a very
in judge,of the entert2intnents of dancing
wid singing, or oftliciAdount of the saiiiri s pro,

1 1 ..t" 'trine o had
pert°. remunerate Lie t;evera, pt I .1 ,
tt rklit to appreciate their 'own merits as highly
1,.;u.,„),.piva,,ed, or could find encourniement for
Abe Trustees' refusal to 'order such large
sum., Orhove a'rty ideas of the orit!jnal contracting
vo-pat trier§ in t:Ac deeds, he considered them quite
right, and bonnd.so tact, in order to avoid a breach
of trot, to which they Would unquestionably
liable had they acted otherwise, -considering the
stipuhtious of the deeds by which their conduct
was to be governed. It' he shtluld act upon
the defendunt's motion now depending, it was not
Witiritt his jurisdiction so to do, except through
nyedium oft ';':daster of the Cot t, upon a re-
ferenceto be dirLeted in order to inquire what, if
any stuns of his own bad been disbursed by the
defendant to the support of the Theatre, and also
witnt sums be had received of the profits ; the
like mode wonld, become necessary, in the. et'ent
of tltc pa,rties continuing irreconcilable, should
they have the obstinacy, -nay, the• folly to desire
such a Teterence, and to be unripened on every
point or contract with perfortners to obtain, a
Master; Report, a mutual consent of both par-
ties 'was.stipulated for on all such matters by. the.
deeds.
. in addition to this inconvenience, the Proprie.
tot's would tie liable to an infinity of actions, to
ascertain the ludatton.vj.euit of every performer ;
Which ';considerations had influenced his Lord
Ship's mind in dilaying the vindication of :the
piywer and authority of this Court so long as it
was possible, but which could not- be longer
He non? came to,a distinct question, as to the
'enutH:ript of the defendant against the order: of
the Cotu and which was undoubtedly coMmitted,
not only on the former injunction, so far as to
authorize hint hi committ;ag Ii ; hut which he
bad delayed, it,:cording to his usual principle
while in this Court,' or out of it, in, tenderness of
the liberty of the tuatject, 'against so ltarsh a pro 7
• cess ti at of iw.p.isouing hits person ;
that he hopod woulil ever prevail in"this Court,
No long as a party leit it in the power of.a Judge
'to find any grotind of doubt as to the intended
or premeditated contumacy of the party, ac-
CUSOd.

Li this' ease Mr. 'Taylor, the defendant, .had the
lieneiir►,t'thw deetis by he had stipulat-
ed for the right of noteinatiag t proper lind tit
per lon to he" Reeeiyer and Treasurer oN theThca-
' ire, and' he heti, under the order of 1811.,_
natcd Mr. Harrison for that otlice befare tht.
Master, who confirmed that 'nomination, when
sureties were given by such Receiver, Mr. Kw-
Hum, against wham lint one in all tllii litigation
oared the slightest imputation or objection. As
tCI Air. Taylor's reitet inn. of this Receiver, as not
bring an offieer of this Court, it could not be en-
dured, for the commonest understanding Must per-
ceive that be was as mach Jul officer as any Receiver
er6r wes. While any possibility of (lonia remain-
' ed of TaylOr"ti tieing iii erriir, or under a
mistake tis to the meaning of former orders,
there reinaltu.td in his iriortiAip's mind a
WA. num! to connnit him; but the matter bad
now arrival tit such a 'crisis that forbearance Was
bapos3ible, and therefore his jadv-
Itli Ut OOAV SV'al that he 11Olq be committed, in
order drat the public may know that no subject
o the King cis r imagine, or any man,
!Inv.-ever griat; attempt to reskt the ltdgiti
process or ;hit at' any other Court, nor any
suller.sw:h a violation of the authority of
the Lot .or of C4.Jurt., This being his tonal 7
sni,
p, ,
tijanginent, he should once mor‘.. read ilithe
H 'dicta Vi is tit the two' last motions, not llopingto
' fled May thing in 'tlicin to change this his fixed
opinion as to the Attachment, but Merely to see
if wLy matter could be ibeeiin nod over,
as to the account, to catiy: the least al-
terat ion in this his judgmerit, which, if he should
not find, he woulil not again ,trouble the bar ;- but
deliver out- the,or,k..r of attne,hniein.

tlis Lordship desired here to a word re-.
•
spect tog the observations wade about reports iii
the newspaperS respect itr..:; this can and on that
heed he had,only to on.ierve.that hi could not.uo-
f:ce such publiev.tiow; in the way of a contempt of
tisk tottrt, unh'ss such a charge was brot:Ot.he-
l'ore hint in judA,nent on-Cvidelic`.!, CaSe
trkist(d, thrtt, ha ~.41toula act with tireiness and
tEk!ir
t`XCl:pt. MCIV. ObtierVkitioll, ylloaTiti be 1-,:rt;r
•ve,ll.,ed t() ;.a.:•e,itteb etnnelopt,brotf„,;lit
If the,- tictn to th.y.kr. lica,k ;Jr
tCe...nt:;'.l into ,11111 ;t tte' itkcoiirt,e

UP

TILL KINC4 V. ciu;EyEy

Mr. 13rtin,GBAAt • moved, for a ner,;• tri;tl in this.
came, on the t,,,rottud of the iniidirection of the
...I,earned Judge who tried it. It Ivas'ari‘indiet-
!mut against the defendant, a :Nrember of Parlia-
ment, for the publieati .on of a tzpet:i.ii inade by
1: ,n) ir) Parliament, in which speech was eontaint!(l
▪ upon Mr. Kirk:ritrick; tile proieentor.
Le,arned Goan3ci it ‘roulti be best to
Wh3t. 1, :^ at CI! t 2 previous to making
or,i,•ctir?o, The principal witness
11;'011i'ietOr Of thi jJancl -ter Plper Iv! )
prov(A f
valppo. fi.0114 .o.le 81),:ech an en-
!cot, bill it) timt v'''"‘"(.sl
ft-)ol.:,efiut!"ll.t.
Or.)A:1, " 11; ;ti. gone
otiv.trs, tli J
j•
Airh'e rf.;-
t.
ti .
.4' lilt trial on the k,round of du
1) n:,

)Slr; 13eonett, 'Member of the House of• Com-
mons, who would have proved that the report,
was in nibs:twice ‘vhat My. Creevey had said in
his Ogee in the 'louse of Counirms..
The Learned Judge, in summing up, told the
Jury, that they had two questions to consider,
first, whether the paper was defamatory of the
prosecutor, and next, *healer the defendant pub-
lished it.
Mr. 13Rouo TIAN! now moved for anew trial, on the
authority of the cases of Currie and Walters, 'and
the King t'. Wright,. When, it was held that a
L 'true report of it proceeding ia a Coin t of Law, or
a report of the House of Commons was nolihel.
He contended, at great length, that n Member of
Parliament was ;7TOteCtc :! for wlo't he said in -the
House in the diseh.irge of hia public duty ; and
that it was important
,the public, and more parti-
cularly. his ethistitnents, should have a correct
count of his conditct hi Parliament. De then
quoted the opinion of, Lord Kenyon in flit case of
the King r. the Earl Ofhbingdon—that theques,
tion-was only whether the publication was fairly
made, or a, mere pretext to cover a, defamatory,
intent. Haying argued these topies_at consider-
able length, lie coßeluded by waving for a Rule
to spew l cruse why there should not be a new trial.
Lord. Eti.r,Nuoitouott, after hearing all that
hail been advanced in support of the motion, said,
that it. was quite a diGrent thing for a ltleinbe...
of Parliament to exercise the right and freedom of
speech within the walls of Parliament (that was
a privilege inherent iii the Con.!ktitntihn), and too
abuse that privilege by a breach 'of the peace
without the walls of Parliatant, .every-libel
was a breach -of the• peace.. The Jury by their
verdict, had deeided upon the fact, declaring, the
puhl;eation to be a libel, and the tlefendcnt to be,
guilty, and the Court had no doubt rihatsoever of
the law of the case. if any doubt hint remained
on his mind as to the law,be would cheerfkilly
give the defendant the benefit of that doubt, and
let him have his rale, hilt no .doubt existing, it
became his duty tty refuse it.
.
Mr. Justice Onosz signified his entire agree-'
meat with the'-Lord Chief Justice in those

It eats.

Mr—Justice BAILEY, in delivering his opinion
to'the same effect, adverted to all the prominent
points in Mr: Brougham's 'arguments, and contro-
verted them upon the plaiiieSt rea,4oEing, shoring
the dangers that would attend individuals, and in-
deed Parliament itself', if doctrines such as 'were
held to-day upon Parliatuentary privileges were to
be tolerated.
Mr. Justice LE BLANC observed, that,.as he had
tried the cause, he was desirous of attending to
the orations declared by. the Lord Cl.ief Justice
and the other Judges before. he spoke hiSsenti-
ments ; and now, having heard what the Learned
Gentleman (Mr. brougham) bud submitted to the
Court, he would say, that nothing appeared `c
in any degree altered his mind on the subject'since
the day of the trial, and what he bud just heard
from the other Judges tended to confirm him in
thtit opinion, if possible, more': for those reasons
he eohla not consent to the Mille.

. _
It was therefore refused by the concurrent opi-
nion of .nll the Judges of the Court.
Upon this, Mr. Creevey, who Nros accompanied
by Mr. Western,' immediately withdrew.

His Royal .iiighness the PRINCE REGENT field
3 Court at CaAtoll liot4e, for the purpose Ofltolr-
telring on Captain Tucx.gn, a gallant Officer of
the Navy,' the honour of:Knighthood, previously
to his departure for India. Captain TUCKER Was
brought to Ctfritoti House by" aril MEI*II.tE,
Lordship's carriage. Lord. S rnmouTil , 'the
Ei“ lof HARRINGTON, &C; attended upon the oe-
easiOn. ' •

From the many applications already matte fm.
Tickvts to the .Dinner " of the Friends to the Lk-
depe.ndence i 1 ciermany," ‘v.hieh takes place On
Momlay next„ 41t the (.'qty of London Tavern, the
Company pronlisos to be numerous and. Most re-
,spectable.

ii pr,itibty is not generally It tioWn:that. her
flOyal Highness the Princess of Wales has ever
been dikinguislied by ze.:lltrus exertions to pro-
mote object.s of getwral ntility, an indisputable
evinenee of which is given in the patronage bet'
Royal illighne,ss has honoured Wessrs..RoWland
Kin Sf.in, Proprietors' of the Maceassat•Pil, with.;
the spleodid virtues of which in:promoting the
groWth ofliltir are too t'vell known to the public
to need comment.

CoNAs
,discovered in France bg Mons. 'Pons,—
M. IPOus, .keeper of the Observatory, nevi Mar-
seilfts, diseo'vered a nets'. Ca;met. on the'42(l April,
iil the constellation of tholLoyal Bun, of Pottia-
Those whose eyes' are good enough to
discern stars of the fourth magnitude May see it
with the ir.iked eye.. It is hairy., with a. nucleus
somewhat more condensed. Its geocentric' pro-
g:'ess is rather slow, Itretrograrfesfrom 15 to 20
• mintites per day in the right ascension, whicfi on
-a... t.t „April. at roar 'ill thq morning, Ny,as
2t; ndn. its northern dc:ciinittiGo being thca
7 which diutinishes about half a de-
► pt)' day, so that it \Lill pass the equator
the'middle of,Auril. At hair-pa:it four in
the morning of thc • 1 •Itil of April, M. Bouvard-a:;-
eert;Liaeti iN p()Sit)011. Its
.right asceruion then
was 267 deg. 27 nun : and its declination 0 (leg.
• 2.1 min. It is erut.sii,g the head of the Bull, and
afzmr prssing the equator, will proceed towards
Scrpentariu,i.
?IL Pons also discovered a Comet on the sth of
February, which was obsErved at the Capelette.
till the'llth of Marelt. Of this Comet the longi-
tncif, of the perihelion was 2 sec. 9 deg. 57 ;
the longitude of the ascending node, 2 sec;,o deg.
35 min.; ((nd the inclination at the orbit to the
ecliptic 21 see. 9 ruin. the direction of its hello.'
centric motion was retrograde. •
The. Comet which 11. Pons discovered in April,
is the second which lit has discovered this year,
anti the 10th which he has discovered in the twelve
't 115 he bas applied hiniselfto searching for new
Comets. Ile has sometimes discovered as many
ai four in One year, which shews that these bodies
are nut so ratlr..as• was formerly supposed,.-and that
it requires only patiepee and assiduity to discover
them, •