The Sun.
London, England, 1831-01-13 00:00:00

VICE-CHANCELLOR'S COURT.

The VICE-CHANCELLOR was occupied the whole morn-
ing with arguments, pleas, and demurrers, totally destitute
of any interest, except to the parties.

COURT OF KING'S BENCH.
THE KING V. KEARNEY,

At the sitting of the Court the defendant, Lieutenant-
General Kearney, against whom articles of the peace were
exhibited yesterday by Mr. Astell, Chairman of the East
India Company, was brought up in custody of the Gover-
nor of the Compter, for the purpose of giving bail.
The affidavits of Mr. Astell, and Mr. Thornton, of the
Secretaries' Office, were read. After relating various
acts of annoyance on the part of the defendant, they
stated that Mr. Kearney attended one of the meetings of
the East India Directors, and there complained of some
supposed grievance ; that he afterwards waited near
the house until Mr. Astell lefr, when he (the de-
fendant) made up to Mr. Astell, and struck him
a violent Wow with his umbrella. The blow was re•
peated, and he was threatened to be given into the hands
of the police, upon which be went away. On a subse-
quent day he again went to the India House, and going
into the Secretary's office, declared he would be avenged,
adding, " My only course is to appeal to Parliament, but
perhaps that appeal will not be attended to, however I will
not suffer destruction with impunity, either I or Astell
fall." In consequence of his continued annoyance Mr.
Astell felt bound to take him before the Lord Mayor,
who ordered hin3 to enter into his own recognizance of
2001., and find two sureties of 100/. each, to answer any
charge that might be preferred against him at the Sessions.
The affidavit of Mr. Astell went on to state, that he bad
never given General Kearney any cause of offence, and
that he (Mr. A.) went in fear of his life.
Lord TENTERDEN, addressing the defendant, told him
he must enter into his own recognizances of 5001, and find
two sureties for 2501. each, to keep the peace for twelve
'months.

Defondant—l hope your Lordship will consider the
difficulty I must experience is obtaining sureties. Y.O
will consider my situation in this country. I have a wife
and family in Calcutta. I do therefore hope that the
sureties accepted by the Lord Mayor will be deemed
sufficient.

Lord TENTERDEN-They were only sureties for your
anearance at the Sessions. This is quite a distinct matter.

Defendant—l must again humbly beg of your Lord-
ships to consider my situation in this country.
Lord TENTERDEN-The same persons, no doubt, would
again be accepted, therefo►e it cannot do you any harm.
You must withdraw.—Defendant—My Lord, the conversa-
tion between us relited

Lord rENTERMEN—That is a subject we cannot enter
into. Mr. Astell has sworn upon oath that he goes in
bodily fear, and it is our duty to protect the safety of the
subjects. You must enter into securities.
Mr. ADAM—I hope the Court will o:der that 48 hours'
notice shall be given to Mr. Astell.
Lord TENTERDEN—CertainIy.
The defendant said, he had thought the securities entered
into before the Lord Mayor, were for his keeping the
peace, and not for his appearance at the Sessions. Ile
then entered into his own reeognizinees of bOW. and was
removed in custody.

Mr. Justice JAMES PARKS sat at .Nisi Prius in the
Bail Court. No calm, of any interest was tried during
the morning.

COURT OF EXCHEQUER.
ATTORNEY-GENERAL V. CARPENTER.

When Mr. Baron BAYLEY was to rise, this morning,
the publisher of the Political Letter, Mr. Carpenter,
hogged the Court would give him leave to move for a
rule, calling upon the Clerk in Court to skew cause
why he should not be:allowed to enter an appearance with-
out the intervention of a clerk in Court. Process was levied
upon him on the Sth aJanuary, returnable on the I Itb, and
the defendant supported his present application by an affi-
-1 ivit, in which he stated that as defendant in the action
" Attorney-General against Carpenter," he went to the
office for the purpose of entering his appearance to it; that
on applying to Mr. Bowyer, one of the clerks in Court, he
refused to enter appearance without being paid Its. 4d.,
which the defendant refused to pay, on the ground that he
had a right by the ancient laws of the kingdom to appeal
in person ; and further, that if he was to have a verdict
in his favour against the Crown In would be unable to re-
cover that sum back again, as the Crown never paid any
costs.

Mr. Bowyer, the Clerk in the Court, said that it was
the usual practice for a defendant to employ a clerk in
the Court in all Crown cases. The defendant in the
present case lizol come to the office to enter his apFearance,
which he (Mr. Bowyer) refused to enter unless paid the
usual fees.

Mr. Carpenter observed that he was informed it was ne-
cessary to enter an appearance in the office in the Temple,
and that he merely called there for the purpose of having
it done. But he thought he ought to he at liberty to do
it himself, and not through the intervention of the clerk
in Court.

Mr. Baron BAYLEY—You want to be at liberty to
enter an appearance in person. Take a rule to show cause.
Mr. Carpenter—But, my Lord, if an appearance is not
entered to-day, I am afraid jwigment will go against me
by default. Perhaps your Lordship will have the•kind-
ness to stay the proceedings.
Mr. Baron BAYLEY—No, I cannot do that. I think
the best course for you to pursue will be to pay the money
for entering the appearance, and then move for a rule to
show cause why it should not be refunded to you.
After some further conversation between Mr. Carpenter,
Mr. Bowyer, and the Learned Judge, it was arranged
that Mr. Carpenter should pay the fees, and enter his
appearance,—his Lordship giving him leave to call upon
the clerk to show cause why the money should not be
returned.

COURT OF COMMON PLEAS.
HICKMAN WAKLET.

Mr. Serjeant SPA NKIE this morning chewed cause
against a rule nisi obtained by Mr. Serjeant Wilde on a
former day, for a new trial in this case. It will be re-
membered that in the sittings after last Trinity Term, a
verdict was obtained by the plaintiff on an acceptance of
the defendant's for 101/. 10s. The Learned Serjeant, on
moving for a new trial, contended that the paper delivered
for this bill was contrary to the contract made by the
parties. Mr. Serjeant Spankie contended there was no
evidence of special contract, and if his client supplied
the defendant with paper suitable for printing pamphlets
on, or the trial of Cooper v. Wakley on, it was quite
sufficient, as, he repeated, there was no contract for it to
he for the special purpose of the Lancet. However, if the
defendant would pay the money, into the Cuurt he would
not object to a new trial.
Mr. Serjeant WILDE said he was sorry his Learned
Brother bad not stated to him his intentions yesterday, as
in the absence of his client he could not give an imme-
diate answer.

The Court then gave time for him to consult with his
client, and mention the case again when he had ,o done.

COVENT-GARDEN.-MiSS FANNY KEMBLE
made her first appearance last night as Bianca, in MILL -
MAN'S revived tragedy of Fazio, and went through it in
her usual style of excellence. The house was crowded.