The Sun.
London, England, 1823-11-27 00:00:00

BARONY OF STAFFORD.

SIR G. JERNINGIIASI V. STAFFORD, COORS, O'D oTtrEna.
Mr. CastroELL moved the Court, this morning, on bel.Slf
of the defendants, on affidavits for a rule to chew cause why this
indictment of a conspiracy for disturbing the said Sir aeorge
in the baronial lands of Stafford, should- not be tried in th
County of. Middlesex, and not at Stafford, as the affidavits
stated that the majority of the Grand Jury before whom .this
Bill was found, as well as Mr. Keene, who is acting as the De-
puty. Under Sheriff; and .31r. Seckerson, who is the Coroner , of
the County, arc in possession of considerable part of the estates
claimed by Stafford Cooke, as the liaron of Staffbrd ; and on
the ground that the provincial paper, called The Pottery and
Stalrbrdthire Advertiser, published in the said County of Staf-
furl, had inserted many libellous paragraphs against Stafford
Coake's
Mr. Justice BEST said, he believed many Improper Para•
graphs had appeared on both sides.
.Mr. Justice BAyLEY observed that he had had many
papers sent him about this matter, which he hid MR read.
Mr. CAIWPnELL•was about to read several extracts from the
newspapers annexed to one of the affidavits, when
Loan CHIEF JUSTICE asked if Stafford COoke bad sworn
in his affidavit that he was Lord Stafford ?
Mr. CA3IFRELL replied, that he had sworn that he is the
Lord Stafford in Woad under and by virtue of the Act of Par-
liament of the Ist of Edavrd Sixth. •
LouwentEr JUSTICE—Then take a role to chew cause.

THE NIRO v. WICKER.
Mr. Airnittws again mentioned this- case, in which he
moved for a habeas mya', to bring up the defendant, in cum.
tody on a charge of knowingly receiving a stolen horse, and
which stood over until further affidavits should be obtained.—
The Learned Counsel mw produced the affidavits, and
The COURT granted the writ, directing at the same time that
a certiorari should issue to remove the depositions.

GAMBLING.
TUE KING r FIELDER AND A r.nnmar..

The LORD ettir,r JurricE,oi;serving the Solicitor.oe•
neral in Court, adverted to Mr. Justice Bayley's mention yester-
day of a case tried before him, in which he thought Fielder
was a party, ami stated thit the Learned Judge had since ascer-
tained the fact.

•
Mr. Justice BAY Ei:T said, he had looked at his notes, and
found that Mr. Fielder was convicted before him in July,
1817, for keening a common gaining-house at No. 2, llennett-
street, but had never been brought up for judgment.
Mr. Aporairtus, ft,r Mr. Fielder, asked whether it was the
pleasure of the Court that hitt client should attend to receive
judiment ?
The Loan CIIIEF JtYsTictc.—This Court does not pass
judgment unless called on so to do.
Mr. Justice RAirr.rir.-1 thought it my duty to mention
the case publicly,, that the fact may be known ; but we do no
more.

Tbe LORD Co irr-Jtrs.r IcE referred to the motion made
yesterday in arrest of judgment on the other indictment, on the
absence of local descnption ; and said, that if the Solicitor.
General thought he could successfully contend that the objec-
tion was not laud, the. Court would grant a rule to :Mew cause ;
but their present impression was, that the judgment must be
arrested.

The SOLICITOR-GENED At said, that being only incident.
all) brought into these causes, he had not looked into the
authorities; but his impresession was, that he could sustain the
conviction. _

The Count then granted a rule to sliew cause why the judg.
ment should not be arrested, observing, that the ease must be
argued as though the indictment mentioned no parish at all ;
as, if the parish were material, it was wrongly stated, and the
defendants were entitled to an acquittal.
As the defendants had received no notice of *lotion for judg.
ment on the other charge, it was ordered to stand over till the
second day of next term, for which day the rule was drawn up.
They were permitted to depart, on entering into their own re.
cognizances in 2,00 W., to appear on the case in which the rule
was granted; but were admonished that they must put in good
bail to the other, or they would be liable to be taken.

IN TIM lIATTEU or TuomAs NOGEII9.

On a former day, a writ of habeas Corpus was srented to
bring up the body of Thomas Rogers, from his Majesty's ship
the Queen Charlotte, on a suggestion that he was wrongfully
detained there, being no seaman, for some ofl'ence against the
revenue lap's. - The return to that writ by the Captain of the
vessel was now read. I: set forth a conviction more than
three years ago, whereby Thomas Rogers was convicted un-
der the Act for " The better prevention of Smugglin ," of
being found in a vessel hovering. about the coasts with spi-
rits, and was adjudged to serve in the navy as a seaman for
five years. It then stated, that in pursuance of this judgment,
he was sent on board his Majesty's ship the Bearer, and sailed
for South America, where he remained for two years; and that
being .mustered as a seaman of and belonging to that ship, and
receiving full pay, lie deserved, and was now detained on board
the Queen Charlotte, to answer for such desertion.
Mr. %outmost now appeared to object to the return. He
that the party was in custody on a
twhaesraewtuarnre.thifatithearcopueabriednot offer affidavits in contravention of
criminal charge; but lie contended that the word " desertion"
did not necessarily imply a crime, unless it were coupled with
words chewing that the " desertion" was from some lawful ser-
vice. If a party were taken fl-oin the doors of this Court, and
forcibly carried on hoard a ship without the colours of antho.,
city, could he be said to commit a crime Wile " deserted r—
twbreitfaprecluded from bringing
And if he were retaken and imprisoned, and applied for his
he
by the simple return that
he had " deserted ?"
of Habeas
ht
casee rphueslowr before the Charthe
The COITUT intimated a decided opinion that the return
sufficiently implied a desertion from lawful service ; that de-
sertion was a crime, if the party really were " of and belong.
ing to the ship ;" and whether lie was rightly so described or
not, the Court could not try.
Mr. Ilitouctuat then urged, that though he was excluded
from denying the truth of the return, he might still offer affi.
davits to avoid its force. Thus, admitting that Rogers was a
seaman,
receiving pa, and mustered on board the vessel, lie
Was entitled to show that though a seaman de facto, he was not

This was an action by Miss • Harriet Wilson, against Sir
Henry Wilson, het brother, to recover certain quarterly pat'.
meats, which it was alleged he agreed to make .to her,. in
consideration of her. resigning the situation of governess,
which she held in bold Sandwich's family.• The declara-
tion contained a count alleging, that in consideration that
the plaintiff would relinquish the situation she then held,
the defendant would allow her 501. a quarter: a count lay-
, ing a past resignation of the service as a consideration .for a
similar promise ; and a count stating the consideration to be that
she would • never engage herself in the same capacity to any
one. At the trial,' before the Lord Chief-Justice, in Middlesex,
It appeared that Miss Wilson, a young lady of great accomplish.
meats, was living as governess in the family Of Lady' Sandwich,
where she was highly respected, and receiving a salary of 1001.
per annum, when Sir.H. Wilson diScovered her to be his s:ster,
and prevailed on her to leave her occupation, as unbecoming one
related to him, and accept the shelter of his house. After some
time her continued residence with him became unpleasant to twine
members of the family ; and he, by letter, pioposed to allow her
601. pet quarter as an adequate income, but did not in his letter.
refer to her quitting the service of Lady Sandwich, as the consi—
deration of this promise, if it were to be regarded as a promise. It
appeared from other letters, that for some time the 21)01. a.year
was paid, but that afterwards Sir H. Wilson expressed dissatlsfac,
two with some parts of his sister's conduct, and refused to con-
tinue the allowance longer. On this evidence the Lord Chief
Justice thought, though with expressions of 'reluctance, that
the plaintiff had not made out her case on any of the promises
upon which she sought to recover, and directed a uonsuit, with
liberty to move to enter a verdict for 3001., the amount of the
arrears. A rule having been obtaiped according to this per-
mission.

Mr. LITTLEDALE now showed cause on the part of Sir IL
'Wilson ; and contended that the evidence did not establish un
absolute promise at all; that it-absolutely negatived the consi-
deration alleged ; and that even if the promise were given, and
liven on the consideration stated, still it would not he binding
in law, because it was not a contract to be performed within a
year ; and therefore the full consideration should he.ve been
stated in writing, agreeably to the provision of the Statute of
Frauds.

Mr. OVENEY addressed the Court on the other side.
' Ine-1.0 lin CHIEF JUSTICE said that, at the trial he very
came to the conclusion that the plaintiff had not
made out her case, and to that conclusion he was very Un-
willingly forced to adhere. It appeared that she left the how,
of Lady- Sandwich, not on any promise of an annuity, but Irfi-
the invitation of Sir H. Wilson to make liis house her fu-
ture home. She quitted that situation, relying on his
bounty and kindness; subsequent circumstances had induced
him to withdraw that bounty ; but the Court could not found
on it a legal obligation when none was intended. Perhaps,
I.owever, Sir H.-VVilson might voluntarily give what he did
not choose to yield on compulsion.
The other Judges concurred in the legal opinion, and seve-
rally intimated a hope, that though the defendant had a right
to the opinion of the Court on his legal obligation, he would '
make some provision for so near a relative under the dram-
stances disclosed at the trial.

THE KING V. EDWARD BEVAN,

Mr. Bevan, a Magistrate or Herefordshire, who_ was eon

victed at the last assizes for that county on a criminal inform.
tion, charging him with illegally imprisoning two 'labourers
named Probert and Bolton, now' appeared to receive judgment.
Air. Justice BEST read the cvidennt the trial, which was
reported in Tut Styx. • It may he reinembered that it was then
proved that Mr. Austin, a miller at Kington, eMployed work-
men to cleanse the watercourse turning his mill, which passed
by Mr. Bevan's house; that Mr. Bevan, after requiring them
to desist, sent Probert, one of the men, to the round-house,
where he was confined till evening ; and on the following day,
he insisted on proceeding against him under the Trespass Act,
contrary to the opinion of hi brother Magistrates ; and that he
arrested another workman named Bolton, who Was engaged in
the work, but who was only taken to the house Orthe constable,
Affidavits were now put in on the part of the defendant,
alleging that i%lr. Austin was much exceeding his rights in,
deepening the water-course ; that Ale. Bevan's house was co.
dangered by the proceedings; that a mob was collected; and
that he acted bona fide, and without malice or corruption.
There were also affidavits from the Chairman of the Quarter
Sessions,. from the Members for the county, and from several
Magistrates, speaking highly of the general deportment and
Conduct of the defendant.

he affidavita of Mr. Austin anti others negatived the alle.
' gation of riot, and represented the conduct of Mr. Bevan as
, without 'adequate cause.
The Cots ire observed, that it was manifest that a gentleman
who had so little self-command as Air. Bevan ought not to con-
tinue to act in the commission :of the peace, They thought,
under all the circumstances the ends of justice would he best
attained, both to the individual and the public, If the defend-
ant would withdraw from his office as a Magistrate; would make
compensation to the labourers aggrieved ; and would pay the
expences of the prosecution; the parties undertaking that no
action for false imprisonment should be brought against him.
Mr. Bevan, after some hesitation, acceded to these terms,
and no judgment was prayed.
THE KING v. EDGENLEY SHERWOOD, AND JONES.
Mr. CHITTY renewed, the motion .which he made yestergay
for a rule calling on Mr. Edgerley, as the printer, and
Sherwood and Mr. Jones, of Paternoster-row, as the pub-
lishers, of a pamphlet relating to the charge of murder against
John Thurtell, to thew cause why a criminaHtforrnation
should not be exhibited against them. lie had now a positive
affidavit that Mr. Edgerley was the master of the house, 76,
Fleet-street,. and the printer of the work ; and that the other
defendants were the publishers. This pamphlet
.not only as-
serted, in positive terms, that Thurtell was guilty of the mur-
der of Mr. Weare, but also charged him wall attempting to
assassinate Mr. Barber Beaumont, and a person named Woods.
The Loan Cuter JUSTICE—Take a rule to ahew cause.

COURT OP COMMON PLEAS, Nov. 26.
LEVY AND ANOTHER V. ViDITTADADD.
Serjeant VAUCIIAN moved for a rule to show cause why
the writ of Hams Corpus', by which the defendant had been
removed from Whitecross-street Prison to the Fleet, should
not be set aside, and why the defendant should not be re-
manded to his original custody. He made this motion upon
affidavits, stating that the defendant, having been arrested at
the suit of the plaintiff; went to Whitecross-street Prison, and
whilst there petitioned the Insolvent Court fin his release under
the Insolvent Act;—that having been remanded for 14 months
by that Court for fraudulent conduct, he got a friendly de-
tainer from the Court of Common Pleas lodged against him ;
that in consequence of it, he was removed by a writ of Habeas
Corpus from Whitecross-street Prison to the Fleet ;—that he
WAN now enjoying the rules of that prison, and that he was
thus avoiding the sentence of the Insolvent Court. From the
circumstances mentioned in these affidavits, the Learned Ser.-
jeant maintained that the keeper of Whitecross-street Prison
ought to hive returned to the writ of habeas corpus, that
the defendant was in his custody for 14 months under the sen-
tence of the Insolvent Court—in which case the defendant
would not have been allowed to remove himself to the Fleet.