The Sun.
London, England, 1813-02-10 00:00:00

SIR FRAN'CIS GURI)ETT V. THE EARL OP MOIRA.

Mr, Serjeant Saepuriab said, that in conse-
quenee t,f the Salieitor General haOng,obtained a
rule to show cause why-there should not be it day'
appointed for the trial of this cause at the bar, of
the Coen, be thought it right to eate to the Court
the reaSoini why his client had not. already made
the same reetuest, sand thought Ote rea,3oll would
appear to thß:ourt a sufficient reteion why their
LordshipsahOuld not PpPO44 any day. The cases'
of the, same plaintiff egarnst the Speaker and
against the Seijeant at Arms of the House of Com-
mons,whicli involved Hearlythesape'questions were
now in the way to b,e fluidly decided'; a writ of
error had been brought ht. the Exchequer Chain:-
her, where, •it was trite, the judgment had been
affirmed ; but since the giving of that judgment,
a writ of error •bad been: 10eonght into the House
of Lords. It did nor become hint 'to say, how
that high Court would decide, hat, if judgment
were there affirmed, at .least the principal points
in this case would be decided ; and it would there-
fore be an unnecessary waste of their Lordships'
time to have a trial at bar, But if his client were
to withdraw the cause, ft would 'be giving up
those qUestions ; .but if the Court thought it right
to appoint a day, lie', fur his
,client, was ready to
proeced.
The SoLittrott-GRNEIUL stated, that his client
was as unwilling as any-person to waste the time
of the Court. 'flint formerly the .Court .before
the question had received so solemn a discussion,
bad thought it 'of sufficient importance for a trial
at bar; but told the cases already mentitmed been
decided previous to the appointing of a trial
bar for this cause, the Court would probably not
have appointed such trial,. That his client was
most anxioes to know the fate of this cause while
he continued iwthis.cohntry, and. every personknew
that his noble el ient, WiliS on the eve, of departing on a
very tliatartt employment.- ile4ould consent, either 1
that the rule for a 'trial at bar should lie illboharw
erl'; or it LOS Learned Friend would consent that
this cause -shquld await the result of the -other
causes, reserving to the plaintiff the right to go to
aimy f9i• if judgment should be reversed,
he would consent to the cause standing over. But
if plaintiff would uot consent, he hoped the Court
would appoint' an early day ; 'and as their Lord-
ships would probably, decide as they' had, already
decided, the cause would. not a'.l probability
last hall an hohr. •

Lord ELLENtionottotr asked the, Learned Ser•
,leant, whether he was willing to accept the over-
tures of the Solicitor Geneial ?: •
ittr, Scrjeaut. Suernean stated, that although
in the material paints the cases were similar, yet
there were some d:ilerences", and it was not for
him to say,how the Court right decide as to those
differences, but he had no objection if the Canrt,
thought fit, that the rule for t trial at bar 'should'
he discharged, . •
Lord urnottouc it is agreed that
this cane shah await the event of the others, a
writ of error woupi , till prolfability, he brought,
and the delay would be quite as great. • • •
• The SoLtuvrox'..GkNeitAt,----li the Speaker, of.
the House of -Commons was justified, in granting;
his warrant,.-r.if the Serjeant at Arias ryas, justified
ii executing such warrant,---surely my client,w ill
bejustitied in receiving the hononriihie plaintiff,
with,a lctry how, into very elegantapartmeati.
Mr..!!lcrjeant 8118PIVERD stated, there was some
difference:
BoLterron,GgNEVAL—lti point of law,
The Court then said, it' the parties did :not
agree, they would appoint a day ; and accordingly
appointed bthadayi
,the 10th day ot -May Aiwa,
being the first Alondayin Easter lettri, • - • ..•"