The Sun.
London, England, 1840-11-09 00:00:00

nuestion. The brother, who was a soldier, died abroad in
1809, and upon the death of his sister, Nancy, the wife of the
Plaintiff, the defendant as administrator, possessed himself of
the property in questien. For some time the plaintiff supposed
11C property in the hands of the defendant belonged to
415 children, but upon ascertaining that he was him -
telf entitled to it, he instituted the present suit. The
defendant, by his answer, admitted the receipt of the
t"°neY, but stated that he had lent it to a person named
loafeswick, together with oneyv of his own, and that it was
i however, on beiiio,khreatened to be eliars,ed with in-
it!eresthe denied thatTig had ever stated that he had lent 1
to ti denied
Beswick, but asserted that he had kept it in his
Possession ever since he had received it. The defendant
wa,,a ordered to bring the money into Court, and, upon a
:1 reference to the Master, the pla;..itiff was reported en-
I.ed to the amount in questior„ and the case now came
Delore the Court upon furth,„
ith'hc Loki) CHAN directions upon that report.
CHANCEL-oR declared the plaintiff entitled
quit:o%Z ja Court ,and referred it to the Master to in-
r.2l to th u.,0 tl:e defendant had made of the money from
Present tirrfP, and , in case it shouldappear that ,
Lhoerridefrjr.dant had madeany profit of the money, then his
cost
,'Lip intimatedthat he should order him to pay the
ceipe,,l ttobe geat mhe:unuti.th interest, from the time ho had re-

S THE NEW LORD MAYOR.
tdbhortly after two o'clock, the new Lord Mayor, attend-
Y the Recorder' thelate Lord Mayor, the Sheriffs, and
I‘lllth p ier eitY officers, app•iting" in Court, and invited his Lord.
totho entertainincnell

ILS' COURT.-(THIS DAY.)

The
int -faster of the Rolls, in the early part of the morn
"i,ttr.a the remaining petitions.
tii.i"crunster V. Noel, Bowden v. Bayley, Stuart v.
ekTur:rt' and Plockten v. Lee, were struck out, neither
solicitor, nor parties appearing.
the fi Courtn
the t list en
spas roceeded with the cause paper, end
Bt u
CHADWICK V. tIROADWOOD,
klleearne before the Court upon a plea. The plaintiffkm° himself to be the heir-at-law of Sir E. Chadwick,
in it: teging that the premises which he claimed, situate
tapir:cldstreet, St. James's, were subject to a lease which
trued 'n the year 1825, when his right to possession ac-
tientr,' stated that he was about to commence an action of
trove,. eut, and therefore filed the present bill for a d:s-
The ,71 :11d the production of papers in aid of that action.
4ver, eleudants pleaded the Statute of Limitation, and
Yearsci;l that they had had possession for were than twenty
'efore the bill was filed.
the :44* GIRDLESTON and TEED appeared in support of
5,, a d !qr. PEMBERTON and Mr, BIRD opposed it.
MAsrEtt of the Rou.s thought that as the plea
.415 ti t state that which the statute required, namely
4°t be
When the defendant's right first accrued, it
sustained.
Plea, „LG: tauLtarosE then asked for leave to amend the
The'",'ol his Lordship acceeded to.
144 Co then proceeded with the case of Balls v.
ebria„se. which came 'octore the Court upon a demurrer
of discovery also filed in aid of an action at law.
vIC"C-CRANC.E.R.Y.—(THIS DAY.)

tO 710 ar WARD V. FINNIN, &C.
be spog l'artents on ais case, uhich stood on the paper
1,1114 (In' to, occupied the Court the whole morning,
"ttl "?'4)L:R will not sit on Wednesday next, in conse-
t3tHip):of having to go to Cambridge to attend the election
Steward of that University.
QUEEN'S
BENCH-(THIS DAY.)

(Sittings in Banco.)
Lerd t, I's THE MATTER OP RICHARD DUNN.
tr th ENNIAN gave judgment in this case at the sitting
14 :i. .hourt. In the matter of Richard Dunn art:-
zolanitl.ttrtter peace having been exhibited at the Court
Sessions by Miss Burdett Coutts,. and
tbe ‘ing required the prisoner to find security to keep
of IPee, Which he refused to do, he has sued out a writ
%eta aheas Corpus to appear before us, and the return
else cL. these facts in general ternisc
eThedefendant has
original order of
the (`:reliht before us by certiorari
theh lifßd ?itlrt referring to the articles of.
ea„a„v'tai which he submits are insufficient to give the
.peace, and two
to -`
ttny authority to require him to give security, or
Tri:lN:rant their sending him to prison. One of the
1/rlsoti ,•w*c we is said 144
" ii, h have been urged to. remand the
ere cr 15 At once removed. It
tsee- "Cu 110 W submitted to us that we Lee the. exercise of.
oer II discretion , would undoubtedly feel it
QuartotiutY to take the same steps as
proceeding ilr Sessions, hut against
we may
eheedinCgourtiticroe
hiak°ll° decisive objection. Whatever
the i of the defendant's conduct
her,
essential part of it. isa
and of which onnelayn.
ihotietter addressed by_ him
ambiguous
letter,i
it!, t eatract is given, and. tthoat.oLf'very
ground
rt."-; t 'S'e should have•requrred to see thAeooetnhteirre
11;4 (3', to have any selections made.
fled
Was that the Courttiono
before which
Ittlitrit q competent jurisdiction, before
tor
both to
,f Quarter Sessions
exhibit
ter
have the
power
of facts
Att?;eleutif it.shcerePtioaeieLci.uto decide upon th.
dp
As to the
fte ''lthich the drscretion was su exercise. .
'4ltr objection it is enough on this. occasieoansetso.
hobasseeroviet:
144 tae
of Queen's Bench, 114 many
timi Court
._the _
tre M the decision of• Justices in a much greater dc-
T6°' The latter objection. requires more consideration.
k,,k l'twer of the psi lies. iu this behalt is traced to af
11'‘I ''ll,l'' q Edward the Third, on which the commission o.
tatitt-'Lis founded. Some have thought that that
'Llth •t:''' not warrant the Crown in grartirig so large an
t.lOesuritulti't, We cannot, however, take upon ourselves to
44 (et '4 validity of a commission which has been
case, however, can
the Vatien for centuries. In no
the fairL'Stie go beyond the termsf of.il the
person
informs commission,
r
th n'ean'ng of which is, that if any
in fear and dange
tte (2ourt br the Justices that be_fgt'h-r-eat, and v.ioonlennieae;
roPt:t:snal violence, by reassj.n...."iy, that protectr
il" ,lainis the protection of "`upon oath,
tlaersuted. Unless such a
nor can no_
‘,.. lerisdietion of the Just! s
appeacre, of an in-
fje I"rer h mere eircurnstadn
. statement edmo
oesn t be made
jerisdiction from t e
dieti "14,11 assuming to act as if
trate in the exerei
it possessed that jurisse-
ent,
or 'lt ; least of all cen saints'
upor, an ex parte. statem . 0
4,4 tliscretionary Power' Opportunity mustt bis
t ill,,rPle the subject of hisauFdberty.
thei Court, and unless that del t4l,_ tO try the right of
'th-e °Y Writ of certiorari,there is no means of doing so.
ttia Prisoner makes this b-ection to the present articles,
it t 110 threat and no precedent has been foundi
),,41,*1)1eh the exihsimbiatadreii has omitted to state that any threat
bet etriployed-
It4rt eXpressed Where that wes left doubtful the Court
-
great doubt whether it can put such a con
ti„l44etion on it. In 1825 there was the case of the Mar-
it,„ ?f Hereford, who el.aimed the security of the peace ;
t4;l It was a successfuli application, although the word
,I"4t did not appear in these articles, for an assault
to
44D4committed, and there was no reason
liii!elliet7 that th ddendant would repeat. it.
case in 6th ithvern,
la,. Justice Coleridge has found
Pre: Mrs. Dennis and Dr. Lane, soamewhat similar to the
4115"e,t1t. Mrs. Dennis was a widow,rtaon,,d,hhoamd athdeaDugohetteodrr
teed ",ae an heiress to 8001. a
yetaher, thereupon forba
taetkisvr:.—...( A laugh.)
tbcith house, }et he cameTailt,eanmoutbetradodaytegantdie
theremet ex-
Y•
?upon the stairs. Notwithstanding Yerst,,,l ?Upon
him to go forward, heiousheTdiirnisthoehthae.
liere;4 ,`"irritin's chamber in a rude manner.oe that she sent for
V.ieeds-r'elitened the mother so
fu° t ;t°, conduct her daughter to n,tth London,inof
'O/10e,°- 'laving intelligeece came which
the
i: d
they led the daughter, and came tqui the same inn where
the adjoining rooms to
the' 4cklge(l at night, and took up
iot 41°tiher and daughter, whereby they put the mother
''%'icit)ta '"," fear, and the next, morning, as they were taking
41e lad the Doctor assa ilted the gentleman that had put
codt "Y into the coach and pursued them again that day',
thg4e Out that he would force the daughter from them,.
1114 t 4t
the Mother was fain to hire menthe to guard the inn
assizes at
tie, ,night. The Doctor, at last
tll4l,Q.'urd, meeting the gentlemen who was the principal
teiNer of the family, and helped, w guard the daughter
to 11°4 44, he beingta barrister-at- a , (and a near relation
hie sly lady)
' "Q
,j„, Sly with a cane, whereuponthe Judge of Assize bound
,h''• to appear the first day of this Term in this Court, and
1i,..c4 all this matterbeairssgaop t together, and an oath by her
,:t the believed the. assault upon her kinsman to be in
rttlance of his designs ucoe her daughter, and that h
.
l)ti' loformed lie threatened her, and endeavoured to coin-
til4r,hee daughter's matr,it , to facilitate his stealing the
it, leer per curiam, tl.l, :doctor cc.,m,rig in that manner, %eliesPite of the mother's prohibition,
.atyndotatghaempsteaheeer,
kliii' "as good cause to requite. the security
oar;'s° was the ensuing behaviour uthreofsetehoeritDyouetfotrheopneatheee
tiught ,kcondiy, this crernend o
‘l,,tie th ' Oe fresh after the fray, orcause given,
''lse erefere it had not been for the. new.of the
the
Il' S'te' The Court would nct bind him tho.rtohreepeace fur
44 -141'rin 9 ideiable time to elapse e. the de-
not
party . was .
4fr:tcti °I segcueritty.s,• t sibs that the
as a great e
(11 I,—, But here there being au old offence,,,swohnicghivoenor:
1/111..."(5 give security for, and a fresh occasion i
grudge con"
til)tic.„4, 4ites notable reason to believe the 01.
ha,4' the Court ordered him to givelse.cur2irityolto, keep the
and that
'4 tt;' at,cl took his own recognizances in
Ro id ''', olore in WO/. each, but refused to
time,
him to his
decd
''''ha'iour because of the length of thov.ngh
ftheyh
the Aral that if th :v h d come when the matter
rll4-11..(411d have I.:Ohndt him to his good behaviour, and in a
iota, greater sum. It must be at once o
much the oft
the the articles in this case are very .
cnt that the
stthraotogtheer
;'4lll °l,Pr"sent and well warranted the stabrev
then be said
, .
.` "p„e„r " " d beer; threateeed. The case may
vin.t ve that the threats used were not by word of
i mouth,iiot
dee that "'eke and gestures may infer it, and that
ce is
IA le(1' but o
Irule
deicedac t., the invariable is, where reliance lir P'',l these, and general facts are inferred. from. par;
4ipOr , (41:es, the party drew the inference himself, and
the the
rt,s,..eorreetees' and did nut leave the. Court
.`hick
,e4e'v Courtt- utterer There was one ObSetWatlon. A,tl.lrn.n
40, felt .eiet.self bound to make. Considering
l'i's'srietrice,°slY the happiness and comfort of the. applicant
tthi/tYlit-,,lrt7trV, with by the prisoner's conduct, in one sensea L eat...... t- induced to decide that his conduct was
!lib!libq°l' 44d, if that conduct was repeated, and
.brought
,e tche Court • p r form, so as to fall within the
die rulettnhaat proper
been pointed out, there was_
?erF: ,4ht bet that they would construe it as a threat
bo!
441t1414/ Viulerite. Perhaps the law of England might c
45 tlasr4Proaehed with inadequacy to repress such conducthte t`e°f the prisoner, and one might nAaettusraleyte_yec
4t:tt,flautiet Bone of the nurneresuos 1 passed
chPoaliccase. Under all the
t lit4tttitT:aueeYs;phrouwviesvioeur, fur
re
Court was bound to decide
,Criate,Prisoner must he discharged.
igt ttrtial.rlg4NEr GENERAL, said if the Court did not think
1
4' It • -7e4 efficientS to require Mr. Dunn to. give. securityt
. tit P the
rp they would be of opn tha
hocibas sufricient to require him to give security to be of
Is4l,4vieur.
.
Cl up-, `)"lktae \\Te consider the whole reett7 ,-I,;7oosheed.
tts,' 4 1,,,t, 1 t.. ^. •..''c 1 h a p tunic Win i,, is
Ity i i 1,.,51, ,iiiit., All, , t'
kr (4' any future application after what has taken place.
. 1:, „ ,
14•444 then left the Court.
41111 L