The Sun.
London, England, 1822-11-16 00:00:00

THE POTSMOUTTI CAUSE.

Mr. HART begged his Lordship's indulgence while he men-
tioned that there was a difficulty in paying the fees of medical
men. He was instructed by the Gentleman who had the care
of Lord Portsmouth's property, that there was no objection on
his part to the payment of any fees that might be ordered.
The LORD CHANCELLOR.-1 can make no order : I have
no jurisdiction. In a question of lunacy, though the commis-
sion should be issued, and a verdict of lunacy returned, the case
might be traversed, .and he could not in the mean time make
any order respecting the property.
Mr. HORNE said, the great difficulty was the payment of
fees to medical men who attended on Lady Portsmouth's side.
On the other side there was no difficulty.
The LORD CHANCELLOR.—If any mode of arittnging mat-
ters can be found, I have no objection, but 1 have no power in
the matter.

Mr. WETHERELL said, the medical gentlemen who at-
tended Lord Portsmouth were not paid out of his Lordship's
property.
Mr. SICIRROW begged to be allowed to mention, that a no-
tice had been served upon Lord Portsmouth's bankers and re-
ceivers to pay no money to Lord Portsmouth.
Mr. HousE.—That was in a moment of heat, and had not
been persevered in.
Mr. Sxruftow was anxious to state, for his own credit as a
trustee, and he would make affidavit of it if his Lordship wish-
ed it, that notice had been served at Drummond's, the bankers,
not to pay one shilling to Lord Portsmouth. The' same notice
had been given to the receiver. He (31r. Skirrow) then gave
a similar notice to the receiver to pay no money to Lady Ports:.
mouth. Lady Portsmouth afterwards applied for 300/. This
was refused; buthe (Mr. Skirrow) took it on himself to give
her that money. She afterwards applied for 700/. He (Mr.
Skirrow) thinking that sum too large, ordered 200/. to be paid.
She had thus had 6001. That was, perhaps, too little, but she
had from the banker 1,000/.

The Lord CHANCELLOR.-1 can do nothing in this matter.
If Lord Portsmouth is of sane mind, application must be made
to another Court. The question before me is, whether he is
sane or not; and that question must be determined by such
means as the law prescribes. With the view of trying that
question, I cannot touch his property at all. It would be
another thing if Lord Portsmouth were brought to town, to Mr.
Skirrow's, or any other house.
Mr. HonNE said, that as they had no means of paying me-
dical men for going into the country, he hoped the Court would
order his Lordship to be brought to town.
Mr. SKIILROW said he was willing to do any thing that might
depend upon him.
Mr. H ORNE did not at all mean to put it upon Mr. Skirrow
to get this done.
Mr. SKinnow said he was anxious, and it was but justice to
Lady Portsmouth, to make affidavit in answer to unjustifiable
and untrue statements that had been made of Lord Portsmouth.
For that purpose he wished the case might stand over beyond
Monday.
The LORD CitaxcELLon.,--Why might you not now get
those affidavits ? You may now prepare your affidavit in
answer.

Mr. flonNE said, he made no objection to that, on the part
of Lady Portsmouth.
Mr. FRANCE (Solicitor) said, that as to advances of money,
he was sure Lady Portsmouth would advance so far as it was in
her power.
The LORD CHANCE i.Lon.—l have no power in that respect.
If she say he is of sound mind and will not give money, another
Court is the proper place to go to.
Mr. IlouxE.—We don't believe that Lord Portsmouth re-
fuses. We say he is of sound mind, and has not refused money.
The LORD CHANCELLOR.—The application here is to issue
a writ de lunatic°. inquirendo, and in considering whether
that writ should be issued or not, the Court has no authority to
touch one single farthing of the property. Don't lct me be under-
stood to say that advances should not be made : but there are so
many points in the case with which I have nothing to do, that
perhaps no case ever came into Court in which it was neces-
sary to be more careful. If any arrangement can be made by
which Lord Portsmouth can be brought to town, I agree to it.
Mr. Sicruitow expressed his willingness to assist in any ar-
rangement for that purpose.
Mr. WETHERELL thought that if the case should not come
on on Tuesday, Mr. Scarlett might come on that day to argue
the case of Beer and Ward.

31r. HORNE thought it quite impossible the case could come
on on Tuesday.
The LORD CHANCELLOR—The object is, that the ease
should not come on before all the information necessary is in
Court, 'and then that it should not be delayed a moment longer.
The pressure of it upon my mind is very great. I am under
the necessity of employing a portion of my time daily to keep
my memory of the facts alive. Affidavits were filed the other
day upon which, without givizig any opinion now, some very,
important observations arise.
Mr. HEALD wished his Lordship would fix some day.—
Counsel felt some of die difficulty which his Lordship complain.

ed of, respecting the recollection of all the facts in the case. If
a day were peremptorily fixed, it would facilitate the arrange-
ments.

Mr.WE THERE LI. said this could not be done, because it might
be necessary for them on his side to file affidavits in answer.
Mr. HEALD said that was no reason why a day should not
be fixed.

Mr. PEPYS remarked that they were now met by a new case.
Mr. HORNE and Mr. HEALD denied that it was a new case,
though new evidence was given.
The LORD CHANCELLOR.—I think you should file your
affidavits within a given time and a reasonable time ; but in a
qtestion of lunacy the Court will not be precluded from receiv-
ing further affidavits. When do you think, Mr. Horne, you
will have all your affidavits filed, with the exception of those
of the medical men ?

Mr. HonNE.---I think to-morrow, Mr. France, the Solici.
tor, tells me so.

The LORD CHANCELLOR.—If so, you can be prepared to
mention to me some practicable arrangement to moderate the
expences of the medical men. •
111 r. WETHERELL.—If the case will not come on on Tues-
day, Beer and Ward can be fixed for that day.
The LORD CHANCELLOR.—This is a much more impor-
tant case. It is necessary for all branches of the family to have
this question decided as early as possible, whether a commission
shall be issued or not.

HODGES v. LIODGES.

This was a bill filed by the son, praying to be relieved from
an obligation he had entered into with his father-to pay an an-
nuity of 1001. The circumstances of the case were shortly
these :—That by a settlement made to that end, an estate to
the annual value of 1001. was remitted to Thomas Hodges, the
father, for life, with remainder to Mary his wife, and from her
to her children ; that on the father becoming bankrupt, the
eldest son had purchased of him the life-estate for 2,0001. The
question was, whether the father was at liberty, for his own
benefit, to dispose of his own interest for a pecuniary consider.
ation to one of his children, to the exclusion of the rest ?
Ths LORD CHANCELLOR said, that the Court, acting upon
general principles, protected children against any undue in-
fluence, which could be checked but by the general application
of some general rule. The only circumstance, on which there
rested a doubt in this case was, whether the wife, joining in the
execution, enabled the father to do what by himself he could
not have done, and then, whether acting so conjointly, whether
the father and eldest son could exclude all the other children.
This it would be difficult to maintain. But as great poverty
was alleged, it was an additional reason why the case should
be well considered ; and therefore, in order to ascertain whe-
ther any of the other children, or all of them, came into the
arrangement, it might stand over till Monday.

COURT OF KING'S BENCH, Nov. 15.
This being paper day, the Judges were occupied hearing
special arguments.

ATTORNIES AND MAGISTRATES.
CONE V. COLERIDGE AND ANOTHER.

This case came before the Court on a demurrer to the replica-
tion. It was an action of trespass and assault brought by an attor-
ney of Honiton, in the County of Devon, against 'Magistrates of
the same county, for forcibly turning him out of the justice room
during the examination of a person named Brown, charged with
felony, on whose behalf the plaintiff was retained as his legal ad-
viser, to conduct his defence during the investigation. The prin.
cipal question raised upon the pleadings (and one of vital import-
ance to the administration of justice) was, whether an Attorney
of the Court of King's Bench has a right to attend before Ma-
gistrates on behalf of a client charged with felony, and as his
legal adviser to assist in the cross-examination of the witnesses
for the prosecution, and in the examination of witnesses for the
defence ? A further question was involved, namely, whether
any person has a right, without regard to any professional cha-
racter, to be present at, and assisting a prisoner charged with
felony, or any other offence, during his examination before.
Justices previous to commitment for trial ?
Mr. COLERIDGE, for thedefendants, in support of the demur-
rer, maintained the negative of the question propounded on two
grounds,—lst, On the authority of two decided cases, Rex v. the
Justices of Staffordshire, 1 Chitty's Reports, 217, and Rex. v.
Borron, 3 Barn. and Ald. 432, where it was held thaean attorney
has no right to be present for a defendant before the Justices on
the hearing of an information on the Game Laws, or in the-in-
vestigation of a charge of felony against a prisoner;; and 2d, That
this right was equally insupportable on general principles, regard
being had to Dalton's Justice, c. 164. p. 407,. ; Hawkins'
P. C., b. 2. c. 15. s. 1. 4.; Blackstone's Commentaries, b. 4.
p. 126. ; I Ric, 111. c. 3. ; 3 Hen. VII. c. 3. ; 1 & 2 Phil.
and Mer. c. 113. ; 31 Eliz. c. 4. ; 4 Jac. 1. c. 1. ; 1 Anne, s. 2.
c. Y. ; Hale, P. C. b. 2. c. 8. p. 61. Id. c. 22. p. 157, &c.—
As to the latter ground, he urged that it was a matter of discre-
tion in the Justices, whether they would or would not permit a
prisoner under examination to have the assistance of any legal
adviser, or to endure the presence of any stranger to the subject
of magisterial inquiry. On the authority of the Statutes re-
ferred to, and the commentaries of the learned writers thereon,
he insisted that in cases of this peculiar description, a Justice
of the Peace was merely a Ministerial, and not a Judicial
Functionary ; and, therefore, regard being had to the pub-
lic welfare and general police, he had a right to institute
his magisterial investigations secretly and in private, to the
exclusion of all parties but those immediately concerned in the
inquiry, who, from their knowledge of what occurred in the
Justice-room, might, from communication with others impli-
cated with the party immediately under accusation, defeat the
ends of public justice. In the course of his argument he relied
upon the dicta in Dalton's Treatise on the Practice, Duty, and
Power of a Justice of the Peace, in which it was broadly laid
down as a principle, that a Justice of the Peace was bound to
commit a person under accusation of felony, without bail or
mainprize, though he was convinced beyond the possibility of
doubt, that the party was innocent of the charge imputed to him.
Upon the quotation of this last authority, Mr. Justice BAY-
LEY interposed, and said that this could hardly be considered
as law at the present day. He apprehended that no such duty
was imposed upon a Justice of the Peace, awl that such an offi-
cer was bound to discharge forthwith any person charged with
an offence, against whom'he thought there was no reasonable
evidence to justify a commitment for trial.

Mr. DENMAN (the Common-Serjeant), in an able, eloquent
and powerful argument on the other side, insisted upon the dan-
gerous tendency of the propositions which had been maintained,
as they effected the liberty of the subject, but more especially
as they regarded the administration of justice. As to the
authority of Dalton, he said it was only necessary to state
the dicta which he laid down, in order to shew the gross
absurdity and dark ignorance which had prevailed in his
time, respecting the office of Justice of the Peace. Indeed
the grossness of such dogmas was so obvious, as to call
down the animadversion of the Court, the moment they were
stat,cd. With respect to the cases cited, one was the obitur
dictum of a single Judge, not immediately bearing upon the
question before the Court ; and the other was foreign to the
question now under consideration ; and therefore both must
be left out of view. Upon the general question he urged in
support of his argument, first, that an attorney being an osten-
sible officer of a superior Court of Record, who must be pre-
sumed to have competent skill in his profession of the law, had
a right to be present in attendance upon his client, aiding him
by his counsel in a matter where his liberty and his life were in
jeopardy ; and that in his character of an attorney, a Magistrate
had no authority to exclude him from an investigation in which
the party accused was prevented, perhaps, from his ignorance,
inibecity, or physical infirmity, from submitting his case to a
just decision of the Magistrate ; secondly, he insisted, upon
general principle, that in all cases, proceedings before Ma-
gistrates must be public ; and that, without regard to the pro-
fessional character of the individual, any person capable of
giving advice and assistance to the party accused, had a right
to be present during the examination ; and, thirdly, he urged
with great force the necessity, as regarding the interests of
public justice, of permitting the most open and public exami-
nation of all cases before Justices, where the liberty and life of
the party under accusation were exposed to peril, from the con-
sequences of a secret adjudication, upon the discretion of Jus-
tices, who might be influenced merely by the positive oath of
interested prosecutors. He entered into an examination of all
the different statutes which had been cited on the other side,
and contended that their provisions did not militate against
the argument which he was called upon to support.
Mr. COLERIDGE, in reply was stopped.
The whole Court expressed their opinions seriatim, and inti-
mated that the case upon the pleadings was so clear as not tore-
quire, on their parts, further deliberation. With respect to the
dicta in Daltoo's Justice, they were unanimous in declaring that
that was not the law of the present day. This, undoubtedly,
was a novel question, and must be decided upon principle.—
The point for their immediate decision was whether the plain-
tiff, an attorney of this Court, qua attorney, was entitled as a
matter of strict right, to be present as a Counsellor during the
personal examination before Magistrates, of a person charged
with felony ? They were clearly and decidedly of opi-
nion, that an attorney had no such right. The books of
authority and all the statutes respecting the office of a Jus-
tice of the Peace, were utterly silent upon this subject, and
such a right had never been yet recognised. The office of an
attorney, necessarily imported from its name, the case where a
party could not appear, or was exempt from appearing in per-
son, in which cases only an attorney, as the representative of
the party, had a right to act on his behalf in his absence. This
was the case of a man whose personal appearance could not be
dispensed with. Upon general principles, however, convenience,
humanity to the party accused, and the interests of public justice,
require that such a right should not be recognised in any case
which was the subject of inquiry before Justices. It was true
that Justices of the Peace, in the exercise of their discretion,
very frequently required the assistance of persons learned in the

and
law, in the investigation of cases brought before thenicns 0,5
that they very often permitted the presence of such ferrtrates
M
a matter of indulgence. But in this respect the agi' to
had
theadiscr privilegeetionto a exerciandse,
terofright. were
Clearly,clearlyitht
el la
concede :
I in the discharge of their duty were not acting as.
pd
n
and in this respect their office was analogous to that of a I.11:d a
Jury, and it had never yet been suggested that an attorney
right to interfere in any way with the functions of the latter tr
'1
r
bunal.
slhnotld mierncoytthoethceonperiesdedone,r,hietcawuasseofifilanportance that sa
a right
permitted to the prisoner, the prosecutor Woulelfahaadv
claim and exercise the same privilege, and of calling' in the arty
of an attorney to influence the Magistrate against the P
accused. In cases of this description, the Magistrate Was nri'„
a Ministerial officer, which made all the difference, and in, Lf:
exercise of his discretion he was bound to discharge his ou,
uninfluenced, and unshackled by the interposition of strange!.:
to the subject of his inquiry. On these grounds they were
clearly of opinion that the alleged assault committed upo.n
plaintiff was justified by the plea, and therefore they gave
ment for the defendants.—Judgment for the defendantS•
CHICAITERY. the
The COMMON SERJEANT moved to strike off irorn
rolls two attornies in partnership, for permitting a Persocar.
not an attorney, to use their names in the practice Of an ale t°
ney, for his own emolument ; and also moved for a ru_,,to
shew cause why the latter person should not be comlnitt'sa
the prison of this Court, for such his alleged contempt. bad
eviitsrierhvrtaito:
names were mentioned, but the Learned Counsel said he„,,lt
full affidavits verifying the imputed malversations.—The uP"
granted the applications in both instances.

COURT OF COMMON PLEAS, Nov. 15.
typAre
The Court heard motions at Westminster until between t
and one o'clock, and Mr. Justice PARK sat at Nisi Prius
"-
:t.
Guildhall, to try some Common Jury cases of no public inter

CONSISTORY COURT, Nov. 13. fe91133°.
No business was transacted this morning, excep at A -- si n•
g
tions in the ordinary course. One or two sentences are -
ed for the next Court day.
Extract of a Getter from the Gentleman who took the charge

of the Emigrants inlli& er Canada. le;
" Lanark, in nada Set. 5,
" I am glad to be able to state, that the Lapnarkswhireeeho
grants have surmounted their greatest difficulties ther,4s
been an abundant crop in the settlement and plenty Pre, be
with all who were able to work and exerted theniselnev
assured they are happy and contented. Upon the whul..„ee"
sidering the description of people who came out, the `, for
ment has succeeded better than could have been expecte"' 0
many of them, from age, infirmities, and former habit* en,
very unfit for such an undertaking. Some appear totlittates;
tered the societies solely for the purpose of getting to trie..'_-60t.
they abandoned us after receiving the first and second in,,su"
There is a considerable manufactory of coarse wow', ports
cottons, and cotton
_yearn spinning, carried on innan., 14,ttiera
of the State of New -York. Last summer mer many of tto
of the year 1820 went to these places, 1 and 200 rniles,al,,s-ijav ;be
obtain work, as the means of supporting their fainwilg.ss- itt
interval between planting and reaping it wo only ~,11P"-aoiso
that forced him ; they prize their lands' too high W
them. Other emigrants who came here on their own,,- tht
and there are a great number, have generally done bet„;-' het.
the society people, and perhaps on less means;
ter taken care of when hardly earned."—(Glaspro
Nov. 12.)
REMARKABLE CIRCUMSTANCE.—YeSterA7,11.:y ift
servant of Mr. Pope, saddler, of this cl?,;or,
cleaning some herrings, which she had jus'iarge
chased, found in the belly of one of thern) at; of
gold ear-ring! This trinket appears to -00;
foreign manufacture, and is in good presero':f the
it is now in the possession of Mr. Cole/r,
Crown-and Sceptre Inn, North-street.----(Ps
Flying Post, Nov. 13.) Earl °(
Among the passengers on board the fro
Buckinghamshire, lately lost on her voyage tie
Quebec to Greenock, were a family of Nen-pith,
of Kirkwood, belonging to the parish of 1-1;
is
in Ayrshire. Kirkwood went out to Que,be;ear",
1820, and his family followed him next tior
when they settled on a piece of land below .osy
bec ; but it not answering their expecistatis to
they sold all they bad except their cicniet,4the
take them home, and took their passage wag
above ill-fated vessel. When the shi,Ppre lu
wrecked, he, his wife, and four children, 7,01,
bed, so that they lost all their clothes andfir dais
except their night-clothes. They were ni" the
on the wreck, and thirteen days on boar ecicy
Mary, Capt. Bane, who took them off the one
before they reached Liverpool. Some huelebe.
Gentlemen in that town having procured clat_ft
for this family, and a little money, they are
about to return to their dear native 11°°3e.

(Glasgow Courier, Nov. 12.).
COAL-MARKET, Nov. 15. price, od
Ships at Market. Ships sold
Od 5°6
19 Newcastle - -39 s 6d to 469
10 Sunderland 9 . 378

- - ---
COURSE OF EXCHANGE, November s'o. F,
Amsterdam
Ditto, at Sight
Rotterdain
Antwerp ti 5 ei (lb
Hamburgh
5 0 Vg.
Altona
,
Paris, 3 Day's sight o , Us.
Ditto
Otis`,.
B ourdeaux, ditto
Frank forton the Main
gfrotio
Madrid
Cadiz
Bilboa 36i • R
Barcelona
...
Seville
. ........
Gibraltar
Leghorn 47i
1...... 50
Ger.tia 43 -Venice, Ital. Liv. V
Malta 45 -Naples ...... .. • • 39 er OP
Palermo
Lisbon
Oporto
Rio Janeiro
Dublin .... 9i
. C"I" •9i pei Cent.

BULLION.

. ott °lg
: •
Portugal Gold,in Coin . 1.0 017 o
Foreign Gold, in Bars
0 0 ‘1
i 1
New Doubloons
4 't
'New Dollars
Silver Bars, Standard
_____ i.....) ii.....21_,i................./'•--'

BIRTHS. • sburr
• of
Yesterday, the Lady of George Bishop, Esq.,
Jobe
place, of a son.
On the 15th inst. in Bedford-row, the Lady,clf"'"--
lum Scott, Esq., of son

_____._--,—,------
MAR It LLD. iirdlian'•
ruoienrslirnecd.
hnaepsdamayn,laßs.tA,..atoGfsotd.m.
joahnnch,sesctocriie:,R..g.r, Joon:
bLaonr-idaGndw3S:dwirin, est,t)ea
Etlii-zaan:l'edloamesetstdicauegh,i;Ltpelrai:i i of D
Edward 31a
of.
Esq. of the former place. Ems'
On the Ilth inst., at Cranbrook, Thos. Woollett,
London, to Miss Mary Haffenden. of Cranbrook•
to the Right
rtio,

inst.
ts.tt.,h,
aein t
Cchooi,sun
tnne dSt
hili- Jena:lsla:3'i ntBitit----- -----
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----hc.1)0:.,y1
le.ElE:Drs,siet.hx Normandy,
Stilted
broke Hall, B.A. 1755 illy .A 1758• aged 29,
Lieut.
Rich. Brownsmith, of the 6th Regiment of Foot. gej-60,
On
Wednesday, at Bath, after a lingering illness' i'ble spa
Mr. Egan, who for nearly 30 years had been a espeet„,,
highly respected Member of the Bath Theatrical ConiPn'tAnt,'
12th °loop
At his house in Sloane-street, on Tuesday the
in his 82d year, the Right Hon Wm. Lord GrAntley,
_.
of
Markingfield, in the county of 'York, Lord High SMa.
Athertonshire and Guildford, Colonel of the First
rdZiprou.V.
rey Regiment of Militia, F.S.A. &c. 1° -rdl7l the
Rev. Charles Orllgf.
ceeded to the tides and estates of his father the late If h &pia,
year 1788. His Lordship held for many Years lignt titres
andl:eril °f
made situation,and represented in Parliament at d'
..,:s loa-
the County of Surrey, and Borough of Guildford. .n 2 yortilil,
ship is succeeded in his titles anti estates byet,-senie
Esq. the eldest son of the late Hon. Fletchar Nortr, who
B
on of his Majesty's Court of Exchequer in Sotial -
was second brother to the late Lord.
the SVl'w
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