The Sun.
London, England, 1823-07-22 00:00:00

LAW INTELLIGENCE.

COURT OF CHANCERY, JULY 21.
OOURLAY v. THE DUKE OF SOHERSET.
Mr. HEALD was about to resume his argument in this case,
on behalf of the appellant, when
The Loan CHANCELLOR asked when the original Decree
was made by the late Master of the Rolls ?.
Mr. HEALD—In 1E316.
The LORD CiraxcEt.r.oß—Was it quite fair, then, afters()
long a lapse of time, when the proceedings had become so mul-
tiplied and intricate, now to appeal ?
Mr. HEALD—Certainly ; this was a Court of Appeal, and,
therefore, if it appeared that any thing, was irregular, it was
his Lordship's province to set it right.
The LORD CHANCELLOR—But what could his Lordship
say on the point of costs ?
Mr. HEALD did not anticipate much on that score. The
Learned Gentleman went on to argue that the verdict was di.
reedy opposed to the letter of the agreement, and that, there-
r fore, a new issue ought to be tried. He contended that the
nature of the issue was much too extended for the purpose, and
calculated to mislead the Court and the Tura.
The Loan CHANCELLOR—Whit construction did the
Julge's notes put upon the agreement ?
Adr. HEALD.—None whatever. '
The LORD CHANCELLOR.—Did it eppear that the Counsel
asked for any P
Mr. HEALD.—It did not; but his argument was that the
Court ought in the first instance to have put its own declaration
upon the agreement, and not having done so, nothing more
was done in the Law Court than a mere calculation of figures.
The LORD CHANCELLOR.—The course for the Court to
have pursued, should have been first, to have looked at the re-
cord, and made its declaration of the meaning of the agreement,
and then if the plaintiff soualit any thing beyond the terms of
the agreement, the Bill ought to have stated what was required
ultra that instrument, and it would have depended on the alle-
gations in the Bill bearing out what directions were given by
the Master.
Mr. HEALD.—This was exactly the view taken by his client.
Mr. Gourley being called upon for his arguments against the
motion addressed the Court to the following effect s—Before
the pleading commenced I wished to speak, but was restrained.
I then intended to have applied to this Court for time, and my
present application is to the same purport. I wish to be allowed
six days to prepare my explanatory papers ; anti then six days
more to consider the pleadings of the Counsel for the Duke of
Somerset. Shall I be thus favoured ?
The LORD CHANCELLOR.—I will do all I can for you ;it
is certainly reasonable that you should be allowed time to
answer what has been advanced ; but it Is not quite reasonable
that you should take so much time as would throw the matter
beyond the vacation.
Mr. Gourley said his papers were contained in a box which
was not at present in this country, and without them it was
impossible for him to conduct his case. He had no wish to
procrastinate or to throw the matter beyond the vacation.—He
was quite unacquainted with the form and practices of the
Court.
The LORD CHANCELLOR fixed Monday next, when it
would be seen what further delay was necessary.
Mr. Gourlay—Before I leave the Court, I wish to be inform.
ed of your Lordship's opinion upon an hypothetical case. Now,
supposing a person wishing to appeal, is carried out of the
country, or is forcibly shut up in a house for a considerable
period, does such detention bar his right altogether, or can any
indulgence be shewn to a person thtis unfortunately situate, so
that lie may still be allowed to appeal?
The LORD CHANCELLOR—I cannot answer your question
here, you must came before me in another place, and with
much more particularity.
•

Mr. Gourlay—lt is most important to me to have an answer
to this query, because it happens to be my own particular case.
—lt was my intention to have appealed from the decree of the
late blaster of the Rolls, prompted by the powerful advice of
Sir Samuel Romilly. I went out, to Upper Canada, where I
was twice arrested, and as many times honourably acquitted ;
I was u third time arrested—shut up for the space of eight
months—and ultimately banished, and all merely because I did
not choose to obey an unconstitutional and illegal order.—
I applied, but in vain, to be brought up on my Habeas Corpus ;
for such was the strict nature of my confinement, that though
in the very house where the Court of Sessions was sitting, 1
!bond it impossible to communicate my grievances. This cruel
incarceration, for eight long months, had the most direful
effects on my feelings: My mind was so jaded with the deep
sense of injustice, and my body was so era:Wtted by the incar-
ceration, that at the expiration of the period I have mentioned,
I felt unecjual to the task, of protecting myself against the ty-
ranny which oppressed me, and Ito I was driven out of the
country without redress
; my property having been wasted,
and my views and prospects blasted. NoW, if I had an mar-
tunity to appeal, as it was my firm intention to haee done, I
am confident that your Lordship would have adjudged me
the further sum of 625/. in addition to that decreed at the
Rolls. I have now been kept in this country for upwards of
three years ; I have petitioned Parlinment for inquiry into
my case, that inquiry has in every instance been denied me,
and at last a Petition (and a most important one) was sent to
Mr. Ilume ; he however refused to present it ;
and I then ad-
dressed the King upon the subject, and went into a full expla-
nation of all the circumstances attendant on my infamous de-
tention in Canada. Upon inquiring into this Atrockious con-
duct, every thing depends—without that, I have nothing either
to lose or to gain. The Duke of Somerset, at landlord, has
no character at-stake ; nor has he any thing to lose in point of
property. With respect to character (if I can boast of nothing
beyond it), I am not aware that that has in the least degree
been impaired. On that score, I shell never shrink from meet-
ing his Grace any where, even in a Chancery Court, though in
other respects he has certainly the advantage of me. Mr.
Gourley was proceeding to state that he had now been waiting
four sessions for the interference of the House of Commons ;
that be had pledged his honour for the truth of his statement
of what was done in Canada, in his letter to the King in August
last, but that in every instance he had been refused relief,
when
The LORD CHANCF.LLOIt said, with respect to all these
considerations, I am sure that your own good sense, Mr. Gour-
ley, will inform you, that 1 have nothing to do in this Court.
It is not within my province to answer any questions that may
be put to me in this manner ; but, if the question is of the
ini-
portance you state, Mr. Attorney-General, who has already
offered you the benefit of his professional assistance in any way
that might be useful to you, will very probehly give you his
advice here.
Mr. Haiti said, that as Counsel !Or the Duke of Somerset,
he should not adequately represent the feelings of his Noble
Client, did he not at once acquiesce in the application just made
for reasonable delay ; in whet that would consist, however, it
was for his Lordship to determine.
After u few further observations, the ease was ordered to
stand ever until Monday next.

VIOE-CHANCELLOR'S COURT, JULY 21.
DON' JUAN.

LORD DIMON V. HODGSON

Knight, whom he
3tiltra.t moved for an In-
--
that
and said he had a strong ininression
sulTphoesedVictoriCiaHveAlLceEnt.trhoenuliedntitrieesmseadn
In-
junction in this case,
an injunction respecting this work had been previously moved
in the Court oft hancery, and had been refused. If that im-
pression was founded in fact, the order granted on Friday
must be revoked, leaving the partY to apply to the Lind Chan-
calor.
Mr. KNIGHT stated, that he had not been engaged in the
cause; and Mr. Wakefield soon after coming into Court, his
Honour addressed the same observations to him .which he had
previously directed to Mr. Knight.
3.11% NS .061:4:FIELD assured his Honour that he was mis.
taken in the supposition that an injunction had been formerly
refused as to this work. fie had consulted with Air. Shadwell,
who had been Council for Lord Byron's propert-
y in the other
Court, and who declared that he had never moved for an In.
junction on this work, though he had for another poem of his
Lordship, entitled Cain, and in that case the Injunction had
been reitised.—The conversation here dropped.

Dow-ST ttEET.—YeSterilay, ft middle aged respectable
ing woman unttzrweot an eXatirliEntitMl, before Sir R. $l look
the presiding Magistrate, on a ,{charge of attempting anon, at
her lodgings, No. 4, Old Ilds I.court, Carey.strett. she
was remanded.

FIFE CAUSE.
A TRUE COPY OF ThiE JUDPIENW.
The Lords Spiritual and Temporal in Parliament assembled,
find, That under the circumstances of this case, notwithstand-
ing the defect in sight of the Earl of Fife, as prOvcul upon the
issues formerly tried in this cause, the signature of the instru-
ments in question by Notaries was not required by the statute
of 1579, and that the signature of the Earl of Fife was the.pro:
per signature to give effect to those instruments, according tQ
the true intent and meaning of the statute: That the signature
of the Earl of Fife appearing on the face of the said instruments,
and the instruments being apparently attested by two witnesses,
the instruments apparently so signed and attested, are in law
probative deeds; and that to impeach such instruments as pro-
bative deeds of the Earl of Fife, the pursuer was bound to
prove that the witnesses or one of them did not see the Earl of
Fife subscribe the suid instruments respectively, or hear him
acknowledge his subscription thereto.
That to impeach the said instruments respectively., though
in law probative instruments, as the deeds of the Earl of Fife,
on the ground that the Earl of Fife did not know the contents
of such instruments respectively, when he subscribed the same
respectively, and that therefore the same were not, respectively
the deed of the Earl of Fife, the pursuer was
,bound to prove
that the Earl did not know the contents of such instruments
respectively, when he subscribed the same respectively.
That it is not a soletnnity required by law that the said In.
struments respectively should have been read over to the Asti
of. Fife at the times of the execution thereof respectively, or
at any ether time or titneseand that if such instruments respec-
tively were duly executed and attested by the Earl, and in law
probative instruments, the knowledge of the Earl of, the con-
tents thereof respectively must be presumed until the contrary
should be shewn. But that proof that the.said instruments re.
spectively were not read over to the Earl of Fife at the time, of
the execution thereof, is evidence to be received that lie did not
know the contents of such instruments respectively, but that
such evidence is not conclusive evidence that lie did not know
the contents of such instruments respectively, inasmuch as his
knowledge of the contents of such instruments may be proved
by other evidence from which such knowledge may be inferred.
That execution by the Earl of Fife; of the instrument, pur-
porting to be a deed of alteration of the deed of trust-disposi-
tion sought to be reduced, supposing such deed of alteration was
executed and attested according to the Statute, and .that the
Earl knew the contents thereof, is evidence to be received to
prove that the Earl of Fife did not know the contents of such
trust.disposition and deed of entail respectively at the time
when such trust-disposition and deed of entail appear on the
face thereof to have been signed by the said Earl.
That the verdicts of the several Juries, upon the several
issues directed by the Court of Session, were in sortie respects
inconsistent, and are insufficient to warrant the interlocutors,
reducing the said instruments of trust-disposition, and deed of
entail respectively.
That the question properly in issue on the summons of' re-
duction was, whether the instruments sought to be reduced,
though apparently probative instruments, and as such to be
received as the deeds of the Earl of Fife, were respectively the
deeds of the Earl of Fife. . .

That the proof of facts to shew that the instruments, though
probative instruments, were not the deeds of the Earl of Fife,
ought to have been given by the Respondent in support of his
action for reduction of those instruments as probative deeds.
It is therefore ordered and adjudged, that the said several
interlocutors complained of in the said appeal, in so far as
these relate to the title and interest of the pursuer to insist in
the present action, be and the same are hereby affirmed ; and
in other respects that the said interlocutors be and the same are
hereby reversed.
And it is further ordered, that the Court of .Session in Scot-.
land do direct an issue to try whether the instruments of trust-
disposition and deed of entail, both dated the 7th day of:Octo-
ber, 1808, sought to be reduced, being in law probative instru-
ments, were not, or either of them, was not the deeds or deed
of the Earl of Fife ; and whether the deed of alteration of the
12th day of November, 1808, being in law a probative instru-
ment, was not the deed of the Earl of Fife ; and,that upon the
trial of such issue the burden of proof that such instruments
respectively were not respectively the deeds or deed of the
Earl of Fife, ought to be upon the respondent socking to re-
duce the same.
And it is further ordered, that the respondent be the put-
atter in such issue, and the appellant defender, and that upon
the trial of such issue the said several instrument be produced,
and be received as probative instruments, to be impeached by
the respondept by such evidence as he may be adv►sed to offer
touching the same, and that thereupon the appellant be. at
liberty to offer such evidence as be may be adv►sed to offer in
support of such instruments respectively, and fur that purpose
that the appellant be at liberty to ofFer the deed of alteration of
the Wth day of November, 1808, as evidence in support of the
instrument of trust disposition and deed of entail of the 7th day
of October, 1809, so sought to be reduced, if the appellant shall
think tit so to do. .
,And it is further ordered, that after the trial of such issue,
the Court of Session do proceed further in the cause as shall be
, meet.

' Within the last few days, the springs in our
river, owing probably to the shifting of some of the banks, have
assumed a most terrific appearance, advancing sometimes roar-
ing and " sughing" with a crest of foam, several feet high, read
with nearly all the speed, of' an ordinary horse. The wind, too,
in some instances, and particularly on Sunday last, was very
high, and from the fragments of wreck that have been seen
floating past Southerness and Blackshawbank, we are afraid
that the sands and rocks of the treacherous Solway have again
claimed fearful tribute from the luckless mariner. On Tuesday
a Cumberland smack, called the "Robin Redbreast," the crew of
which were saved with difficulty, touched the ground in coming up
the Nitta a little below Calencaplc Quay, instantly upset, and has
since gone to pieces. And on Friday, the Thomson'a Packet, Capt.
Heughan, loaded with pine timber, direct from Richebucto, ar-
rived at the Borten Faint, and took a pilot on board with the view
of ascending the river at the return of theflood., The waters ad-
vanced with a fearful sweep, and at two hours' flood the rush
was so tremendous, that by the breaking of the chain cable, the
vessel drifted on the bank. and in half a minute was thrown on'
her beam ends. The crewlhad not a moment to lose, their prin-
cipal boat was lashed to the deck ; and they had'nothing for it
but to trust to a very small boat which the agitated and eddy-
ing waves whirled about like a bunch of tangle or a truss of
straw. At this moment there was a female passenger with
,an infant child on board, and, we believe, in bed. Her
situation was, of course, perilous in . the extreme; but such
were the strength of the tide and the agitatiou of the breakers,
that to have approached the brig would have been instant
death. Fortunately the accident was seen from the bench
at Southerness, when immediately Captain Bailey of the pre-
ventive service ordered his boat to be launched, threw off his
boots, gave his watch to ft friend, and determined at all hazard,
to assist in saving the men. On nearing the vessel, he found
the crew of the Packet, 11 in number, anxiously awaiting the
slackening of the run of the tide, and greatly alarmed for the
safety of the female passenger. Other boats speedily joined
in the humane service, and as soon as possible the whole stp-'
preached the side of the packet. Most fortunately one of the
boats had saws anti axes on board, anti on , hearing a knocking
sound issuing from within the weather side of the ship, they
proceeded tolrreak up the deck plank, and after great exertion
had the happiness of rescuing the woman and her helpless babe
alive And uninjured. No language of ours could do justice 'to
the pour woman's feelings, deserted as she probably. thought
herself, and literally entombed for nearly three hours in a place
as dark as midnight,. and with only one frail plank to aeparate
j her from the angry element that completely drowned her cries,
and roared and rushed above, beneath, and around her. ,From
the situation of the vessel, the upper part of the cabin was
nearly dry, but the sea entered from the lea side ; and it is said
that the woman clung at.first to the ornaments attached to the'
roof,of the cabin, and thr some time held her infant in her
teeth I There was, thus a
.well at her feet of several feet in
depth, and had she fainted or lova her hold her death would
been as inevitable as if she had been plunged at once
into the open , sea. The deck plank had been nearly cut
through before the could distinguish the sound of the axes,
and we may judge of, her jOy and gratitude when she saw
a breach made in the walls of a prison which, to -all ap-
pearance, was guarded by the most inexorable of all jailors. It
is almost needless to add that the woman on arriviug at the
Quay, had every attention paid to her which her own or her
infant's situation demanded. (heat praise is doe to Captain
Bailey and his brave men, 'as well as to the crew of the packet,
for the zeal and humanity they displayed on this trying occa-
sion. By dint of great exertion, and after unrigglag,tter,ahe
packet was righted the following tide, and is now in a place of
safety. We are happy to mate that the injury done to :the hull
is very trifling.-:-(Dhnifries Courier.)

IRELAN

bUBL114() JULY 19.
Correiparicknt-Office, kveri o'eaci
lILIRNING OF CASTLETOWN-ROCIIIII'
NINE MEN CONVICTED.

tgxtract of IL Letter from Cork. recareci by this 4veaibes

" Coax, Friday, Bair-past Four o'Clocli, 4).M.

" 1 have just witnessed a most affecting sight—nine persons:
sentenced to eaectitlon in the. County Court for burning the
Mills at Castletown-lioche.
..'ho men are of the better dtt,,
scription, and heath their fate without uturnkur. One of
them, a most respectable-looking man (named Sullivan, 7 ant
informed), addressed the Court, and requested, Inagua& as
their characters had been heretofore good, it would grant them,
a long day, in order that they might prepare themselves far
their dreadful fate.
" Judge Burton, evidently overpowered, said he should con-,
eider on its, and-grant such time u the law would allow under
the circumstances. - •

" The prisoner said, thank you, my Lord., and bowed.
" The sentence was most impressively delivered, and while
the Judge addressed the prisoners, same of them wept in the
dock.

" Quarter-past Five &Clock,
" A troop of the mounted police have now arrived to take
them in charge to the county gaol.

" No hopes of mere' have been held out to them.'
" The convicted prisoners are—the two HenneQtys, Sulli-
van, Leahy, Murphy, Sheehan, Magner, rlyn, apd lion.—
The approver was Dunden, who swore to eleven , of them
Pouloo and Brien ,in Addition, to' the others.—Charles Hen,.
nessy was the prosecutor, who swore to five of them.—lt was
at Ballygoggin, in this county, they burned two mills, a Louse,
and a stable."

DESTRUCTION OF MACHINERY AT DRIPSEY

PAPER-MILLS

We have the unpleasant task of communicating
to our readers, than, on Tuesday night, the valuable machinery
of this extensive and useful Manufactory, was destroyed by a
band of ruffians, consisting of eight or ten persons, supposed
to have proceeded thither from this. City. That this was
the case, is believed from the circunistanCe.of a man tour-
ing to town with butter, having on that night met eight
armed men, within a mile or two of the Mills ; and that
eight men were seen early the following morning, return-
ing to
.town from the sante direction. This respectable Ma-
nufactory belongs to Messrs. Magnet, Brothers, and En-
glisinnen, who have embarked their capital in this un-
dertaking, so very beneficial to the country, and were about
to expend a considerable sum in extending the concern.—
From circumstances that have come out, there i 4 every reason
to suppose that the outrage was perpetrated by persons certain-
, ly from this City, but instigated by emissaries tramother places,
particularly from Waterford. All that, is known as to the
Erreotese through
ftictsthaat,4tionotwplacproe ateteDterjpbseystirso,
y ni,t,hia'rtondileiarr4fhianatos
the Manufactory, and effected their diabolical purpose, without
discovery or interruption, although two watchmen were in care
of the premises.-'These men state that they, were surprised by
two fellows, who bound them with ropes, and that there were
voices outside, but not as from a crowd.—There is one remark-
able circumstance, that a valuable part of the machinery, had
only been sent to Dripsey, on the very evening of the right that
this busines,; happened, and was laced in a different and re-
tired part of the manufactory, but was found out, and destroyed
, by those miscreants, along with the spawns, to the value of
over 1,000/.
It cannot be too much regretted that such an execrable act
should be committed at this particular time, and under the cir-
cumstances attending h The nate.. of the improvement was
such, that it .gave employment' to to a much gr,,,,. .......t..., a
hands,, than the usual mariner of making paper ; but these
hands were common labourers, women and children, whilst it
diminished the number of mechanics necessary in common work.
Hence the great And peculiar advantages of such a Manufactory-
at present amongst tie. ; it employed our idle, inexperieneled
population : but hence also the hostility to it from those bred
to the trade, and from those who could not maiiirfacturo the
article on such cheap terms. Another cause for peculiar regret, is
the terror that such an outrage will be likely to instil into the
minds of En,„elish Vafitalists, who willnaturally be deterred front
embarking their money, or risking their persons, in a coun-
try, wherethey will very reasonably fear, that both are in dan-
ger of destruction.—We most sincerely hopethat some circum-
stances that have come to the knowledge of the Magistrates
who are acting in this busines.s' will lead to a discovery of the
perpetrators. Our townsman, Mr. W. I'. White, has already,
commenced inquiry, and what can be expected from 'zeal
and activity, may be expected from him. Sir Nicholas Colt-
burst, the Hon. and Rev. George D. P. Diresford, and Mr. J.
C. Fitzgerald are most active on the occasion, and Mr. Berets
ford proceeded yesterday to the place, to see ifany circumstance
could be elicited, that may help to afford a clue to thscovery.-....
Two or three persons are taken up, and some occurrenrea
have been communicated, which we hope will ultimately lead.
' to the detection of the offenders, which it may not be prudent to
make public.—( C4).rk Advertiser, July 17.)

Mit. DANIEL. EOAN.—This notorious and dangerous cha.
ratter has been at length laid hold of by the ruthless band of
the law ; his trial came on last Tuesday at Hirt, before Cl.
BENNETT, .Esq. and a numerous and respectable Bench
of Magistrates. After a patient investigation of four' hours
continuance, he was convicted of the most disorderly conduct
at the village of Dunkertin, on the night of Sunday, the tfth
inst., and sentence of transportation passed upon him, by,
the unanimous decision of the Bench, No person was pro-
duced who could give him a good character t indeed, the
murderous Catechism found upon him by Chief Constable
Nash, on the night of flood Friday llin, perfectly aittistied.
the public mind that he was a dangerous member of society.—
lie would have been sent off to Cork for immediate trans.:
portaticin, had not the Bench humanely taken into consi.
donation a statement made by his father, that, if the culprit
were not allowed to remain a few days he this f Vier) woald
sustain a loss of 1,0001. And yet, say the Popish ,yonrrtals.',
no person of respectability_ is connected with the 'Ribbon,
conspiracy ! Surely Dan Egan in superior fit rank to the
cobblers, shoe-blacks, and coal-porters of Daniel O'Connell! !!
—We congratulate the country upon the hapyriddance.lt will
have of Mr. Daniel Egan ; the two plots whitlt this disturber
a the public peace had before laid, one upon the life bf that
much injured and respectable clergytnan, the Rev. Mr. finin-
ton, the other against the Protestants en masse, were g
treated by
his friends with contempt, and made the handle for the viliti-
Cation and abuse of some of our most respected characters.—
( Dub/in Antidote.)
DARING OUTRAGE.—On the night of Friday last, ,about
six or *seven persons forming a part bra large body of ,mis-
creants, armed with pitchforks and a cane-sword, broke into the
house of a man named Walsh, in rhe employ of Mr. Daly,
printer, at Oallows dill, Within about NO rds of the military
stand and formidable batteries of Non. sand 4, contiguous
to this town. Upon entering they dragged him out of bed;
pinioned his arms, anti beat turn, his wife, and daughter, most
unmercifully with pitchforks. They then turned their fitry
on his furniture; after demolishing which, and edniinistering•
tohini an illegal oath, to the effect that he would ,iillit forthwith
his employ, they departed. The only reason assigned by ihesti
' lawless riiiiiana for their outntgeouis behaviour was, Walsti'a
daring to take the situation, vacant by the former man who held
it, being discharged for improper conduct.—( dithi"" IL'ala..)
MUUDEII.—On the evening of Thutiday last,
tai a
of the name of John Butli,r, wait waylaid and *mustred
at Kilbrohan, in the barony of Crenagh. Ah 14(1404
from " an old grudge,'
was held on the body, too a verdict of '... Wilful Murder"
was brought in against two men, as part a a gang of ten;
who have all fled. Our respectable correspondent represents
this
political or insurrectionary clia.rae ..
ter....
( Kilkenev Paper')
We leave .the satisfaction .of being enabled to announce the
antiassli Onatoitnbgeitrang n
oaf ac
a tion a s te,isin g
n
apprehension of the murderers of Michael Ryan, and, intloing
so,,,we cannot too highly pratie the vigilance and activity of
Metier Verburton's p&p-4(70v 4orytii,)