The Sun.
London, England, 1824-05-13 00:00:00

KENSINGTON TRUST andltht. CO BBETT

Yesterday, Mr. COBBETT was .heard on his
Petition before a Committee of the House of Lords, against a
Bill for renewing the powers of the Trustees of the Kensington-
road. Mr. Cobbett's Petition had alleged that the Preamble
of the Bill contained a direct falsehood ; and the supporters of
the Bill were in the first instance called on to prove the Preamble.
Witnesses were accordingly called to prove that improvements
in the road were necessary, and were in contemplation. Mr.
Cobbett then addressed the Committee, and sheaved, that while
the Preamble alleged the trustees could not pay their debts,
which amounted only to 5001., the treasurer had a much larger
sum in his hands, and that there always was a balance in the
hands of the treasurer, more than sufficient to pay the
debts of the trust and pay the rest of the • sums the trust
were bound to pay. But while the trust asked, and the
Preamble stated, that these things could no be carried
on without continuing the Powers of these Acts, the trus-
tees themselves had diminished the most valuable of these
powers by two-fifths, or they had lowered the tolls to that
amount. The fact was, that they had introduced the Bill into
the other House with the scale of tolls according to their
former amount, and when the trustees ascertained that the Bill
would be opposed, then they reduce their tolls. The part of
the preamble which related to the keeping the roads in repair,
and paying certain sums of money, was therefore a falsehood,
As to not carrying certain improvements into effect, Mr.
Cobbett contended that they were not necessary ; that the
trustees saw with great displeasure the houses at the side
of roads, hut with prodigious satisfaction the houses in the
middle of the road, with great gates on each side, which, in his
opinion, were the greatest impediment of all. He objected to a
particular clause in the hill, which orders carts, contrary
to a general act of parliament, which were drawn by one
horse, to be weighed, if they carried lime or ashes. This clause,
he contended, was absurd. He asserted that at present the
whole roads of this Trust were kept in order at the expence of
Bs. per yard ; and of the whole 18 miles contained in the Trust,
not above 5i miles were high turnpike road, and that on the
other scarcely a shilling in a year was ever expended ; so that
the expence of keeping in repair the real turnpike road was
considerably greater, and was probably not less than 335. per
yard under the present management. Under a different ma-
nagement, throwing open the repairs to competition, he was
sure that they might be kept in order at a much less expense,
and the toll-gates at Hyde Park-corner and Pimlico, might be
done away without levying any higher tolls at the other gates.
Mr. Phillimore was heard in reply, but their Lordships consi-
dered that the preamble had not been proved, and reported ac-
cordingly. to the House. For the fate of the bill, see the report
of the Lords.

Tbe cuckoo was heard, and the swallow seen
in the neighbourhood of Inverness on Sabbath
last. After a continuation of drought and parch-
ing winds, which were beginning to be felt on the
young crops, as well as on the herbage, we have
had plentiful showers, end the country begins to
look delightful. According to the calculations of
Mr.Mackenzie,author of the System of thelVeather,
the summer now approaching will be fine, mild,
clear, and rather dry ; and the autumn will be
considerably windy ; we shall have frequent
thunder in the usual months, as observed in the
summer of 1822, but which phenomenon Was
very rare in the summer of 1823.; and there will
be more of east wind upon the season than leas
been experienced upon any summer for the last
for the last 50 years,—(lnverness Courzet .)

Sir .Joitir Ntestor.r. pronounced judgment viii
this suit, which was an application to • the Court
to set aside a probate which had been granted of,
the will of the late Mr. Ellis; on the ground that
the testator was in An_ infirm state of mind at the
time •of executing the, will, and also that the
Court would grant probate of a former .will. By
the first will the testator had divided hip property;
amounting to upvrardsof 70,0001., equally among
his six nephews, but by will executed a few-days
before his death these bequests were revoked;
and the great bulk. of the property bequeath-
ed
.to Mr. John Ellis, who is the defendant
to this suit, and who, it .seems, appeared in his
capacity as Solicitor, had himself drawn up
the will, by which he was so largely to have
been benefited. At the time. of signing the
will, the testator was so weak -as •to require to'
have his hand guided ; and it alsoappeared, that
after signing the deed, in the conversation that
ensued, he appeared wholly ignorant of the nature
of what he. had been doing. The Court, under
these circumstances, set aside the probate of thin
latter will, and decreed probate of the former one.

COURT OF KING'S BENCH, MAT 12.
Iritlig V. PARKIXII.

[We yesterday gave a brief account of this cause; the fol.
lowing are further particulars.]
Mr. PARICINS,on this cause being called on, took his station.
on the floor, and proceeded to address the Court. He had now .
to apply to their Lordships for a rule to chew cause why there
should not be a new trial in the cause in which he was defen
dant, and Byrne plaintiff, and never had any individual pre-
sented himself to the Court under circumstances more painful
to a man of honour than he now did. He trusted the Court
would make allowance for any errors .in which he might inad-
vertently fall, owing to his ignorance of the forms of the Court.
He now held in his hand several affidavits on which he had to
move the Court.
The LORD CitrEr JUSTICE —You move on affidavits..
You had better hand them in, and have them read by the
Officer. Indeed, it would be more regular that I should read
my notes taken at the trial, for the information of the Court.—
His Lordship accordingly proceeded to read his notes.
The affidavits of the defendant and of two persons, nulled
Taylor and Herbert, were then put in and read. The defend
ant, in his affidavit, swore that the account he had given of the
appropriation of the subscription monies received for Byrne was
correct; and that the account entered in a certain book kept for
that purpose was a true account. Taylor and Herbert also'
swore to their belief, that the account entered in the book in
question was a correct account.
. The affidavits of. William Jackson and William Buckley
Clark were also put in and read, and were similar in substance.
The affidavit of the defendant, stating that he had been taken
by surprise, was also tendered ; but it appearing that this
was not sworn until yesterday, the first four days of the Term
having expired, the Court held that it could not be received.
The defendant then proceeded to address the Cant, and to.
complain of the attacks which had been made upon his charac-
ter. lie had been charged almost with murder—positively
with robbery. A poor man, driven by strong necessity, would
have been commiserated. Not such was his case—he was a
rich man—he was not a man who had the excuse of necessity
for robbery, and therefore he was condemned without a hear-
ing. It was known that he was rich—rich in property, and
rich in a good conscience ; the first was proved by his having
within these few weeks ofthred to embark upwards of 50,0001.
in a certain speculation, but by the reports of malignant li-
bellers he was rendered poor—he was stripped of reputation—
he could not support it.—(Here the worthy Ex-Sheriff shed
tears.)
The LORD CHIEF JUSTICE reminded the defendant that
nothing he was now urging had any thing to do with the pre-
sent question.
The defendant resumed—His character had been attacked,.
traduced, and vilified, by the falsehoods of Scott, Cobbett, and
others.

Mr. Justice BAT LE y—Mr. Parkins, hear me :—you are now
throwing abuse out upon persons who are not before the Court;'
pray avoid such epithets—the Court cannot hear them.
The Defendant—Yes, my Lord, I was obliged to sit on'
thorns in this place for an hour and a half to hear a person,
who was protected by his gown and wig, heap the grossest
abuse on me.
The LORD CHlsr JUSTICE—That case has nothing to dO
with the present.
The Defendant—Well then, my Lord, we will pass it over
and come to the present case. The defendant then proceeded
to comment on the evidence, and to go into a wide field of in-
vective against persons, some of whom were connected, and
others unconnected, with the present trial, when
The Loan CHIEF JUSTICE again stopped him, and ob-
served
that the Court could not sit to hear such arguments.
The Defendant—My Lord, you are in the habit of hearing,
with patience, the arguments of those who come before you.
The LORD CHIEF JUSTICE—The Court cannot sit to hear
you or any man in England utter that•wkich they ought not to
hear.
The defendant again proceeded, and becoming again irregu...
lar, was repeatedly stopped by the Court. et length he said,
" My Lords, I am ready to pay all the money into Court, and
abide by any decision your Lordships may come to, if I can
but relieve my character from this imputation."
The LORD CHIEF JUSTICE—Mr. Phillips, you are for the'
plaintiff; can any thing be done to arrange this matter ?
Mr. PHILLIPS—Wy, my Lord, I am here alone, without'
the Solicitor for the plaintiff; we gave up a second verdict in
consideration of this.

....M.................. .......
r. Justice.. BAYLEY —You took forty shillings, but perhaps,'
you got more in this case than you ought in justice, to have
taken. The question here is, whether you shall have a new
trial, or a hether these damages should not be reduced ? Per-
haps the Jury gave a verdict here for more than you are en-
titled to keep.
ready to try both actions over again. . •
au my heart !
The Defendant—With all my heart—with
with all my heart !
do.M rIfP:AI ri .1' lAP
Parkinsg--- I 'tliliitneklls you, my
asm yb
neLonr d
unjustlywhat 1t
treated,
ed.,readyla
am
au he is entitled to much
parties would be, I think, that some
giving Mr. Parkins
this case and consider it out of Court,o, ..
e, bad received, and. for
credit for the money which the plaillrie Was entitled to charge ;
eider -Ai‘li Air. Justice uigisast
gave
eLe
up
.I.Bpan a j
nisA,a
another
eo:LtieywhEy:Yi
my—t,
dhTieechr.
.dela coursedamages
. think
sor nii
by this means Byrne would recei
I hope your Lordship will con-
toPashrkniwnscasthiseoldwdhhyatvheeare rsuhlLlain
otherict in the action for slander-_lllr.
such expenditure as it should app.earve
sooner than in any
:srerd
bPeaTrakhdioenpsita°ceodßnwfDeosuslbe thi
tjih
uae
igt thMe 1.1 ' .
reduced.tepfibeeilleutors,ears,
i 1
toe
with great energy_" My Lord, I shall feel
Lordship to the latest '
the alternative,
not be a new trio
My Lord, I trust Mr.mPoarnikeinntsoisfamwayreextlislat:
affidavits he has this day put in are to be filed.
the Defendant—To be
Thesure I am, Mr. Phillips. To be sure
I am. my Lords, let me explain. I did not make any offer
of compronnse to Mr. Phillips in the action of slander—the
offer came from him to me.
The rule was then granted, as suggested by the Lord Chief
Justice, and the defendant retired apparently with feelings
highly gratified.
gratefulel
II:ile exist-
ence." P :71'1 :Cy:lt eo°nut"thelite.ibinnperooe°D should tate

into his boat, to go on hoard his ship, the
On Friday last, al Captain PARRY was getting
Prince
Regent, he fell and dislocated his ancle. -