The Sun.
London, England, 1824-01-20 00:00:00

CLAUGHTON, M. P., V. HARRISON.

This was an application for (M injunction to restrain the de-
fendant from proceeding at law for the recovery of the value of
certain promissory notes, which were either accepted or endorsed
by the plaintiff, who is a member of the House of Commons,
on the ground of fraud alleged to have taken plice in the ori-
ginating and pasing of them. The plaintiff's bill alleged,
that being in want of money, it was proposed to him by one
Lee to raise money upon bills, which upon proper security were
discounted by the house of :Moreland and Co.; and it further
appeared, that when due, they were covered by other bills in
the usual course of such transactions. Some of the bills were
produced, and certainly they bore rather an assuming cha-
racter. They were drawn on account of the Pemberton Coal
Company, James Farquharson, Secretary, for the advantage of
" The African Company," or " The Cape of Good Hope Com.
pany ;" no such companies or establishments having any exist-
ence, except, as the plaintiff alleged, in the head of the said Lee
and his coadjutors. •
The LORD CHANCELLOR said that the bills were very im-
posing in their form ; but there wax one little misfortune at-
tached to them. On inquiring for James Farquharson, scene-
' tary, at the residence described in the notes, no one knew any
thing of such a person.
It was contended on the other side, that however the plaintiff
might stand in regard to the transactions upon which the bills
were issued by him; he could not alledge that the defendant had
any share in the fraud, because he had given positive value for
them, and they must prove the defendant's participation in the
fraud before they could shake his right to recover the ,value of
the notes. Ths defendant's answer refuted that imputation in
the most perfect manner ; and if 'every word on the bill were
true, there was nothing in it to weaken the defendant's right to
the payment of the notes.
The case had ben pressed on, because the trial at law was
' expected to take place to-morrow. The argument had proceed-
ed thus far, when
The LORD CHANCELLOR said that he must postpone fur-
therhearing; as he could not then stay longer; As ,it appeared
to him howevee, there was no danger to be apprehended from;

VICE-CH ANBCF.ERLNLEOmiti7HSOC4(2y.LTRT, JAN. 19.
Mr. WAKEFIELD said, in the case of Home and Ilobey, I
have humbly to move your Honour that' the defendant, Mr.
Hohey, be committed tukhe Fleet Prison for contempt of this
Court, in refusing to receive its subpcena. When I first men:.
tioned this case to your Honour, I was convinced in my own
mind, that my Learned Friend .Mr. Parker, who appeared for
the defendant, had'no right to be heard until an appearance
was entered. I. have looked into this subject not superficially,
and I can find no instance in which the entrance of an appear
ance has not been considered an indispensable preliminary to
being heard.
The VICE-CHANCELLOR—Thete can be no doubt that
such is-the general and the strict rule ; but, the strictness of,
that rule has been relaxed ; and in this case I think it unnecest,
vary. •
Mr. WAKEFIELD—Then • I shall proceed' to state to your
Honour the grounds of my humble application. I have two
affidavits in support of this motion : the firstfrom Mr. Robins,
clerk to the Solicitor in this cause ; the second from a person
named Harris, a grocer at 'Henley, 'who accompanied the
clerk for the purpose of serving the subpoena upon the de-
fendant. Harris, in his affidavit, styes, that when they ar-
rived at the defendant's house it was half-past ten ; and lam
particularly anxious to call your Honour's attentiOn* to this
part of the affidavit since it. is one of the few facts contra-
dicted by Hobey's affidavit. When they reached the house
they knocked at the door, and defendant from within asked
" Who's there," to which Robins replied—Mr. Robins. The
ilefendant then said—" You've 'come here to serve a Chancery
subpnna—neither I nor my servant shall open the door, and I
• have a loaded gun, and unless you retire instantly I'll blow
your brains out. ' The deponent also stated, that he heard his
wife endeavouring to pacify him, but in vain ; and apprehend-
ing that he might fire at them they withdrew, and concealed,
themselves behind a side door. From their concealment, Ro-
bins observed a broken pane of glass over the door, and de-
sired deponent to thrust the subpoena through it, and this de-
ponent did so, Robins distinctly calling- out at the same time—
the subpoena is in the passage, which he believed was heard
by defendant.
Robins' affidavit was to the same effect.
The, affidavit of the defendant stated, that it was half-past
eleven when the deponents above mentioned came to his house.
The affidavit, Mr. Wakefield remarked, was uncorroborated by
his wife or servants.
Mr. PARKER, for the defendant, said, it was impossible
for him to have furnished the Court with corroboratory affida-
vits consistently with the respect he felt for Mr. Wakefield's
opinion, who had with much confidence asserted, that the de-
fendant could not be heard before he entered an appearance.—
He could, however, provide the Court with three additional
and corroboratory affidavits.
The VICE-CHANCELLOR—Then I shall certainly allow
this case to stand over in order that you may have an oppor-
tunity to file further affidavits. What is your motion, Mr.
Wakefield ; is it to commit for contempt ?
Mr. WAKEEIELD--:-Yes.
The VICE-CeexceELLon—That must mean in the lan-
guage the defendant has applied to the Court of Chancery, and
not in resisting its process. He was not bound to open his door
fin- this process more than for a writ.
slit RICHARD PHILLIPS AND OTHERS 'v. TAIRBURN, SIMP-
KIN, AND MARSHALL, AND OTHERS.
Mr. PEMBERTON moved for an injunction to restrain the
defendants from selling or disposing of a certain publication,
entitled, "'Chronology of the Reirlt of George the Third end
Fotirth," by James Fordyce.
increased that work; and that
said,
which
ne
ct ha
lel
eyde aarg
el
n 8
e2roa,l Sc
hi ri
oRn ioclhoagrydPh,
drandin t4ll ilireni .1)
mjes iaocEconhi 3spuaEi fcl I tee
DdeT e e°adcN ei
ewnmg bye er
rl
8 2h he,
a work was published, pirated
from the plaintiff's publication, purporting to be written by
James Fordyce, which work was a mere copy of the plain-
tiff's, and 014 differing from it by mere colourable alterations.
The VICE-Criancer.ton.—ls there any Gentleman in-
this application ?
02(.—1 understand not.
strTAulchrtr PVlctlocm:neii:ltliricxe.r.ou asked for the two books, and they
were handed up to his Honour. Several passages were referred
toGentleman, which his Honour considered
plaintiff's work, and the publication having
be eebrney
proved,co the e
injunction wes granted.
mL s e afrot n
h the d

mitt
oed'i. tbiiye questions arising
COURT OF KING'S BENCH, JAX. 19.
PERJURY.
THE %IWO V. HALM
the defendant, who is an Attorney, an Alderman, and
Tow„ Clerk
This was an indictment for perjury alleged to have been cm-
of the Borough of St. Ives, Cornwall. This was
one
out of the oroceedings which took
lace at and subsequent to the election 'for the borough of St.
yy,„, Cornwall, in the year 1820, and which have been so fre-
euently before the public in various shapes. In March, 1820,
Mr. Graham and Mr. Evelyn started as candidate for the
borough of St. Ives, upon what was called the independent in-
terest, and Mr. liaise canvassed the borough for them. Sir
Walter Stirling and -Colonel Mead stood on Sir Christopher
Hawkins's interest. Mr. Evelyn and Mr. Graham were the
successful candidates. A petition from the other party was
presented to the House of Commons against the return, and
proceedings were instituted against Mr. Halse and others for
bribery, but the offence charged was not established. A Com-
mittee was appointed by the House of Commons to try the merits
of the petition, which was ultimately dismissed. A person
named Mum, who gave evidence before the Committee, was
afterwards tried for perjury, for having sworn before the'Com-
mittee that Mr. Heise 'frequently said to the -mien that he
would give each person fifteen guineas if his friends should be
successful, and ten guineas if the other candidates should be re-
turned. On the prosecution against Dunn Mr. Belie was
called as a witness, and he swore positively that he had
never used the words imputed to him by Dunn, nor that he
had said to a voter named King, whom he canvassed for Messrs.
Evelyn and Graham, nor to any voter, " There's no time to be
lost---come down to my house this evening or else you'll get
nothing."—Dunn was found guilty, and sentenced to trans-
portation.
Mr. SCARLETT (with whom were Mr. Gaselee and Mr.
Park) having stated the case for the prosecution, called Tho-
mas Icing, who swore positively that. when Mr. Heise can-
vassed his vote for Messrs. Evelyn and Graham in March,
1820, lie said to him, come down to my house this evening
and give your vote, or else you will get nothing.
A great number of persons who were voters for the Borough
swore, that when Mr. Halse solicited their votes on the Ist of
March, 1820, he said to each of them distinctly, " If my
friends be returned I will give each of you. fifteen guineas,
but if the other candidates be returned 1 will give you ten
guineas each ;" and that he frequently said, " There's no
time to be lost, come down in the evening, if you don't you'll
get nothing:" The wires of some of these witnesses corrobo-
rated their husbands' testimony, but nearly all the witnesses
admitted in their cross-examination that they were witnesses
for Dunn, and gave similar evidence on his trial.
The ATTORN EY-GEXERAL having intimated to his Lord-
ship, that it was his intention to examine witnesses for the de-
fence, his Lordship informed the Special Jurors who were sum-
moned in other causes, that he should not hear any other cause
to-day; and he also informed the Bar that he should not sit
at Nisi Prius on Thursday next; but should sit with tlae.othea
Judges in an adjoining Chamber to hear motions for new trials.
At hal-past two o'clock the ATTORNEY-GENERAL (with
whom were Mr. Gurney, Mr. Adam, and Mr. Wilde) rote
to address the Jury for the defendant. He commenced by
observing, that the offence with which the defendant stood
charged was a crime of the deepest dye ; and he trusted that
in proportion to the enormity of the offence would be the
strength of evidence upon which the Jury would pronounce
a verdict of guilty. The defendant was a gentleman of
respectability in the borough of St. Ives ; he was an Al-
derman and Town Clerk of the borough, and when a vo-
lunteer corps was raised in that borough he was appointed
to the command of it. This was the seventeenth prosecution
instituted at the expence of Sir Christopher Hawkins against
the persons who took a part in the election, and every one
of these prosecutions was unsuccessful. The prosecution
against, Dunn was directed by the Committee of the House of
Commons, and on that occasion the witnesses who were called
this day gave similar evidence for Dunn; but the Jury did
not believe them. Why did he mention this fact? To spew the
.Jury that these witnesses were interested in the evidence which
. they had given;because they were these to-day to support their
former evidence, and tea establish., if possible, thattheir former.

evidence was entitled to that credit which another Jury denied
to it. Witnesses so interested were not, he contended, pertains
upon whose testimony a- respectable gentleman was to be plo.,
nounced guilty of perjury. His Learned Friend (Mr. Scarlett)
hadintrodtked the defendant to the Court and the Jury as
experienced; cautious electioneering agent, who had on'all for-
mer occasions-been employed by candidates to canvass the
borough, Assuming that 'to be the defendant's character, was
it. credible—was it.,not• monstrous to suppose that he would
act in the manner -imputed to him ? He begged the Jury-to
bear in' mind, that according to the evidence for she prosecution,
the expressions charged were addressed to persons who at
first hesitated to vete fet liaise's friends. Even if the
Jury could bring 'themselves to believe that Mr. H. "would
have expressed himself in the termsineetted to him to persoes,
who without the least hesitation promised his friends their
votes, was it at all likely that' he would have used such ex-
pressions in the presence of Tersena who had manifested tia,
friendly feeling towards' Messrs. Evelyn and Graham.; nay, in
the presence -of persons, emit of *horn had previously declared
F- their intention of giving one vote at least' to Sir-Welter Stirling ?
He should call the persems who accompanied Mr. H. during the
canvas, and they should swear that, they were with him at the
timf:s he was stated to have used those .words ; but tinit they never
heard him make use of such worils, seer words to that effect. For
his own part, he shonld be. inclined-to disbelieve any Man, wh;?
would swear that Mr. n. could have acted so imprudently and
so incautiously as the witnesia for the prosecution swore that
he had acted. The Jury would weigh the evidence 'on botlx
sides; and if they should be of opinion that the weight o'
evidence was against the defendant, then he was satisfied they
would discharge their duty, and promote the ends of justice,
by pronouncing (however painful it might be) hint Guilty ; but,
if on-the other hand, they should entertain any doubtopon the
subject, then the defendant was entitled to the benefit of that
doubt, and to a verdict of Not Guilty. •
Mr. Jas. H. Geo. Graham—l was one of the candidates for
the borough of St. Ives in 1820. I remember the country can-
vass in March, 1820. I was accompanied on that canvass by
Mr. Evelyn, the other candidate, by the defendant, and a body
of about twenty or thirty persons. Mr. liaise kept close be,
side me, and I think introduced me to each voter. I think
Mr. liaise said to the voters—" There is no time to be lost."
or words to that effect : but I am quite satisfied that lie never
said in my presence any thing about giving them money fur
their votes. I never heard him say to them—" Come down to
my house in the evening, or you will get nothing." Indeed,
' if such words were used, I should have interfered, because I
was well aware of the danger of such a proceeding. lam satis-
fied that such expressions were not used.
Cross-examined—l certainly should have interfered if Mr-
Heise said any thing improper in my presence. After Mr.
Halite introduced me to one voter. I heard some conversation
between them about a lease, and I said—" Hush, I cannot
hear that ; if my getting the vote depends upon your promise
to grant a lease, I shall not accept of the vote." I think the
words—" There is no time to be lost," meant that I and Me:
Evelyn were immediately setting off for Penzance, and did' not
intend to canvass the Borough again. I was introduced to Mr.
Halac, in London, about a week before I went to St. Ives.
(Witness here refused to say who introduced him to Mr. liaise,
or whether he paid Mr. liaise any sums of money.) I don't
• know from-Mr. Halse what money he was to receive from Mr..
Evelyn, don't know who introduced Mr. Evelyn to Mr.
liaise. ' •

•
Mr. Evelyn, the other candidate for the borough, swore po-
sitively that he never heard-Mr. liaise say to the voters " that.
if they did not give him their votes, they would gat nothing,"
nor words to that effect, and that he generally beard What
passed when Mr. Halse introduced hire to the voters.

Cross examined--I don't recollect which of our party usually-
wept first into the voter's houses, nor who usually first left the•
houses. Mr. liaise never has land any money from me on ac=
count of the election. Some time ago I lent him a small stun
of money. I was introduced to Mr. liaise about a week before
the canvass commenced. • - -

Mr. Richard Hitchins, a surgeon in St. Ives, and brother•in.,
law of Mr. Halst gave similar testimony. H did not think
Mr. Halse quitted his (witness) side during the time of can-
vassing.
Three or four other persons who composed part of the can.
vassing party corroborated -the testimony of the three other
witnesses. _ _

Mr. SCARLETT, in reply, contended that the testimony fer
the proseCution was not at all shaken. All that was proved by
the witnesses called for the defendant was, that he did not use
these words in their hearing. That the defendant did not use
these words in the hearing of the candidates, or of the mem-
bers of the canvassing Committee he was ready to admit ; but
the question which the Jury had to try was, did lie use the
words at all ?

MS LORDSHIP, in summing up, recapitulated the evidence
very minutely, and left it to the Jury to say to which sidF they
attached credit. The Jury were to (115111253 from their minds all
considemtiOn as to whether the defendant bribed the voters of
not, as that question was not now before them. They were
merely to try, did the defendant say, ." There's no time to he
lost; come down to night, 'or you'll get nothing?" which were
the words charged in the indictment ; and if they should be of
opinion that he did use these exact words, then they must find
him guilty ; but if they should be of opinion that he did not
use these words, although he might have used words which
would convey the same meaning, then in point of law he was,
entitled to an acquittal.
The Jury immediately pronounced the defendent Not
Guilty.
In consequence of the number of witnesses calleri on the part
of the prosecution, all to swear to one fact; this trial occupied
the Court until six o'clock in the evening.

THE GREAT SURGICAL OPERATION or REMOV,
ING A THIGH AT THE HIP JOINT.

( From the Lancet of Saturday.)

OUT'S HOSPITAL, JAN. IS,—This formidable operation was
perfortned here this morning for the first time, by Sii.Akley
Cooper, in the presence of some of the surgeons and pupils be-
longing to these institutions. The number of those present,
however, was not so great as on many other occasions, no
previous notice of the operation having been given, and this
arose in consequence of it not having been determined. toe
but a few minutes before its performance.. The pitient is a-
man about! 40 years of age, whose leg had been amputated,
some years ago, just above the knee,' since which time the
thigh bone had become diseased from the extremity of the
up to the trochanter major; and this disease has had.
u effect on him of late, that he Las been rapidly ;in g
i I kin
stump,s
l such
rit ; the thigh was of the, middle size. On being asked
this morning to submit to an operation, he readily eneseteid.
At half-past one the patient was brought into the Opsieezing
theatre, wad placed in the recumbent posture on the table ;
• the femoral artery, being tightly compressed at the groin
by an assistant (Mr. Key), Sir Astley, standing to the outer
side, with the limb in one hand, and the. catlin in the Other.
• commenced the operation.eby making an incision just below
Poupart'sligament, a little to the iliac side of thefernoral artery ;
this was continued obliquely downwards.- and outwards to the•
back of the thigh, about one-third of the way down, from
which point the knife was carried in the opposite dir etion,
obliquely upwards and inwards to meet the first incision, by
this means forming an elliptical curve. At this step cf the
operation, the femoral artery was divided, to which a ligature.was
immediately applied ; the skin and cellular membrane were
merely cut through at first, but the knife was again carried. in
the same direction as before, and thus the muscles were also se-
parated ; at this step also, it was necessarry to apply another li-
gature ; here the operator changed positions, and sat. on a chair
in front of the patient, waited a short time to see whether-there
were any bleeding vessels ; after the lapse of a few minutes the
operation was continued, and very shortly completed,. the head of
the thigh-bone being removed from the acetabulurn without any
difficulty. Two ligatures in addition' to those a/read:-.: used were
applied, 'making in the whole four; the integuments were
brought together, and a suture applied to the upper portions.;
strips of adhesive plaster, and lastly a bandage, were put over
the stump. There were about 12 ouncea of blood lost, but it
had the appearance of being venous. The limb was removed
in the space of twenty minutes, the securing the arteries
and dressing occupied fifteen more ;. the whole was Complete-
' ed in 35 minutes. During the operation the mar, was es tremely
faint, but some wine being given him, and fresh air admitted,
he recovered. • He bore theoperation with extraordinary forti-
tude,- and after all was finished, said to Sir Asdey, " that it
waxthe hardest day's •work- he had ever gone through," to
which Sir Miley replied, " that it w4:almost the hallo-the
ever '

BRUSSELS PAPERS.

= WARSAW, Die. G.—The Jewish Rabbis and

ElderS. have met in, general assembly at Plats-
kow, and have' decided that the celebration! of
the 'Sabbath shall be changed to the Sunday.
On the Ist of January, 1824, will be publish-
ed, the First number of• a new Journal, to be
called the Monitor of Warsaw.
I,Eunoa,N, DEC. 28.—A traveller who has
just arrived from Egypt, states, that on the 15th
,)f last month there was great rejoicings at Alex-
acaount of a victory gained by the
troops of the Viceroy over the rebels of Shendy,
at the same place where the son of his Highness
oss_ assassinated last year. He adds,- that . the
EgitNian Genera)" had taken 6,000 prisoners,
among whom was the Molech of Shendy, with
his-whole family.

[EXTRACT OF A PRIVATE LETTER.]
44 NUREMBERG, JAN. 7.—We have ,received
the followine details direct from Corfo :—Colo-

cotroni, who now acts a distinguishekt part in the
•Government of Greece, has taken the chief
command of the corps, of Mnreotes, which hits
proceeded against Patras with the artillery. He
will direct the operations of the attack on that
fortress. The conferences for the surrender of
-Coron and Modon have not led to any result, the
Turkish garrisons of those places asking terms
which the Greeks do not judge admis-ible, the
latter having learnt that the Turks begin to be in
want of provisions, and that they had many sick.—
Prince Maurocordato, who saved Missolunghi last
winter, by his judicous measures for its defence,
has returned to that place, where he has caused
himself to be acknowledged asCivilGovernorand
Military Commandant in Western Greece. The
Turkish men of war, which were cruising about
Missolunghi have entirely vanished, since the
appearance of a considerable Greek •fleet. The
Greek Gevernment has enjoined Prince Mauro-
cordato to organise, -without delay, an expedi-
tion against the forts still held I the Turks,
on the north side of the Gulph of Lepanto. All.
the inhabitants along the Gulf of 01, have,
again taken up arms, and cut to pieces several
small corps of Turks which had marched against
them in expectation of being able to overpower
them." _ _

FRANKFORT. JAN. 10.—An tkaste of the "Em-
peror of Russia allows all Jews residing in the
Russian Empire, who have enibraced the Catho-
lic Religion according to the rules of the Greek
Church, to enter the ecclesiastical orders of that
religion. The Prussian ..Cabinet has lately .de-
cid:cl that all Polish-- Jews, on arriving in the
Prussian dominions, shall again be "liable to the
tax called the Jews' toll.