The Sun.
London, England, 1824-08-13 00:00:00

[MORNING CHRONICLE.I

Orders were received yesterday to suspend
the loading in the Thames of the two transports
with stores for Cape Coast Castle, from which it
is suspected that Government has determined to
bid a final farewell to that deadly British posses-
sion. It is currently rumoured that the Dutch
have been the real cause of the resistance which
has been made to, and the calamities which have
fallen on, the English settlement at this station,
for its existence was incompatible with the valu-
able Slave Trade which is prosecuted on that coast
by ell those Sovereigns whom England placed on
their thrones, and who yearly promise to abate
the iniquity of ,a traffic in human flesh.—
Poor England, however, must now submit not
only to the indignity of having her benevolent
views thwarted, and her commercial and,colonial
interests injured by those whom 'she has loaded
with benefits, but even her garrisons on the coast
of Africa are assaulted by the natives, at the in-'
stigation of Dutch slave dealers, and no:satisfac-
tion is obtained, nor any apology made to her, for
au. insult offered to hrr feelings. French, Spa-
nish, Dutch, and, in short, all Luropeun nations
possessed of West India settlements, cue permitted
to iMport from Africa slaves into their colonies,and
thereby to extend their cultivation, and bring it
cheaper to market. Hence arises no small portion
of the distress which is at present experienced by
the British West India interestond to this injustice
is added the insult of instigating the Ashantees to
attack the British settlement of Cape Coast Castle.
It is, however, the interest of the Holy Alliance
and of the Bourbons that it should be so, and
Englund must submit to the indignity. The ac-
counts received from Paris of the conclusion of
peace .betwixt the Dey of Algiers and the King
of the United Kingdom of Great Britain and Ire-
land, are not believed, and.the result of the pro-
jected bombardment is looked for with much
anxiety. The people of .England are at war with
the Dey Of Algiers, but the why and wherefore is
one of those mysteries which Ministers do not
think necessary to make public ; indeed many
firmly believe that they do not know themselves
the grounds of these hostilities.

Dr. WILLIAM AWIINCK has been appointed
Judge of the Lower Court at Hatnburgh, vice
Dr. Setturratt, resigned.
A , new street is about to be wade in Paris,
which will unite Saint George's-street with Mont.
Martre.

On Saturday last, a mad dog got amongst the
hounds ofl'nomAs WAnc, Esq. of liylton.castle,
in the County of Durham, and bit give of them :
the rabid animal then seized a young pup in its
mouth, and ran off with it. Luckily, however, a
servant of ,Mr.
,W. pursued and shot it. It is
feltred that several other dogs may have been bit
by this animal.
En the parish of Feliciano, Bullard's plain,
Louisiana, a rattle-snake was. lately killed, hav-
ing on ity tail 137 rattles. The oldest inhabitant
does not recollect seeing one with more than 40..
The number of rattles is said by Naturalists to
indicate the number Of years that the reptile has
lived.--{Philadelphia Paper, July 5.)

RACOONISINO AN OLD ACQUAINTANCX.—A
New York Paper says--Two. pedestrian travel.,
lers having very. harmoniously passed, through
Pennsylvania, arrived together at Philadelphia,
and while sitting et
.a tavern drinking„ one of
them suddenly darted his hand into the breeches
pocket of the other, snatched his watch and
money and ran off, The fleeced traveller, unable
to overtake his roguish companion, left Philadel-
phia for this city, and enjnying the 4th of July in'
u manner rather riotous, he was taken up and put
into Bridewell ; when to and behold ! among a
hundred , fellow-prisoners, he recognised the thief,
his companion through •Periesylvania, who had
been also
.imprisoned for similar disorders,
gave the alarm, and upon searching, his watch
was found ; and thus ,by being imprisoned him?
self, he recovered the moat valuable part of his
stolen property.
A few days ago a young man named f3oF.oOrf,
been shooting nen.uDoutaster, was, in the
havingllC
act of gun in.a hedge, on the op-
pearance of, a person to reprimand him, when it
went off and killed Wirt on the spot. •

LAW INTELLIGENCE.

COURT ON CHANCERY, THURSDAY, Auo. 12.
OORDOW V SORDOX.

In this cause, wliCiiiThisflnailYitiiued yesterday, the de-
fendant proffered papers to the Court which, he said, would
prove the perjury of all the witnesses on the other side. Ile
Wished his Lordship to receive them, not only to evidence the
fact with a view to the decree, but alio for the purpose of lay-
ing them before the Attorney. General with directions to prose-
cute the parties.
The LORD CBANCELLOA said that he was ready to receive
tindxead over any papers which should be handed to him with
the consent of the parties in the cause, but he would not read
any. of them over with a view to directing a prosecution. If they
contained such strong proofs of perjury, the defendant might
lay them before the Attorney-General himself.

VICE-CHANCELLOR'S COURT, Atte. 12.
Befbre Ms MASTER of the ROLLS.)
SMITH, WIDOW, V. STARYIE AND OTHERS.
Mr. HEALD moved that an order for entering the appear-
ance of three defendants in this case, should be discharged,
and that a motion for appointing a receiver should be dismissed.
The appearance tbr the defendants, Swaine, his wife, and
anothee, had been entered without their consent. The property
in this case amounted to 25,0001., with the rents of an estate of
51101. a year, and though the cause had been in Court for nine
years, yet not a single shilling hail been divided among the
legatees. In fact., the case had never obtained a hearing during
all that time. The two plaintiffs, Smith, the executors, had
gone to the.grave without accounting for the property. The
defendants were eighteen in number, poor people, chiefly liv.
ing on a small annuity of 1001. a year, and four of them had
also since died without receiving any benefit from the pro-
perty', and their children were likely to share the Name fate.
For nine long years had, this case been in Court, one Solici-
tor being employed for all parties, the plaintiffs and de.
fendants, twenty in number. His client was now obliged
to wheel a barrow along the streets with oysters, and must
continue to do so till this cause .was terminated. An estate
of 7001. a year unsold, and' yet art application made to ap-
point a receiver of monies which had never been accounted
fort Ile would say nothing of the Solicitor, who was, for
aught he knew, very respectable. But his clients, Mr. and
Mrs. Swaine, had been advised, since the cause took nine years
with the present solicit/Sr, without a hearing, and was likely to
take nine more, to try another solicitor.- They hoped by this
change to obtain some chance of benefit for their children, as
there appeared little chance for themselves. The solicitor
might give good reasons for the delay—why a cause which had
been put into Court in 1816, had not yet had One hearing. The
defendants applied to Mr. Monkhouse, who had appointed him
(Mr. Heald) to state the case. Mr. Monkhouse told the de-
fendants that mach had been said about the delays in Chancery,
and that probably their solicitor, Mr. Pownall, could satisfac-
torily account for the delay in their case. They were naturally
anxious for a speedy termination of the cause, and told him that
several other families were similarly circumstanced. Of the
family of Kenepsev, one had died; of Bannister, two died;
another died in the -family Wyne, and both the plaintiffs had
died since the commencement of the suit. The defendants this
clients) were apprehensive of a similar fate before any benefit
were derived. They applied to Mr. Monkkouse, anti sent a
note to Mr. Pownall, informing him that they declined his
future services as their solicitor in the cause, and desiring him
to deliver up the paper's to Mr. Monkhouse as their Solicitor.—
Mr.. Pownall, in answer, stated the progress of the case. In
Easter Term, 1815, he was applied to to tile a bill against the
defendants, and to put in an answer. ble also entered an
appearance for the defendants. It was surely a strange thins
that only one Solicitor ehotild be employed in a case of this
eutent for both partiesethough lie did not know but one Soli.
citor could. do as well as twenty in an amicable suit, whisk
this was represented to be ; such a plan was adopted with a view
of saving expense, but that object was not very material where
the money was to be paid out of the same fund. His Honour
ige iec en.eCpliitaenviese lel rd sued
es not otrhdeert
otos t
ar:efore.r
hten amt toesrt
er
te shpleacdt.
e
his report in 1822, and the cause was set down for further diree-
tions. i
butoth Aj)()l wasthi be deferred r rt °heed:V:11;1cl! iwla'
tlisnB:23br
abated, in
evianeuncsi
nee convenient
consequence
eoeon.e e
of
both
the plaintiffs having died. The testator died in 1812, having
acquired a large propertyaolely by his own industry. Hewes a
man of humble origin, as, were all hie nephews anti nieces, the
defendants. The testator lied written4he will with his own
hand, but being no scholar, sonic difficulty had been felt in
explaining the will, which had been rather confusedlydrawn up.
When Hr. Pownall had received the notice of disinissal from
the defendants,he expressed great surprise, and well be might
express surpriae, at receiving such at order from a poor oyster
woman. This notice had the effect of awakening him from
that. long dreaming sleep. which he had indulged for twelve
years, during which time the defendants bad been kept out of
the benefit of their uncle's legacies. Mr. Pownall, however,
tamed to deliver up the ;Hirers without being paid for his
costs—costs from a pauper for a cause which had been nine
years in chancery without one hearing ! He deferred sending
a alibi-mum to 11r. Monkhouse to enter an appearance fbr the
defendants for receiving the suit till it was too late for him
to answer. Mr. Pownall further demurred to being changed
as Solicitor in the cease without an order of Court, as he
had expedited the cause as much as possible. The Learned
Counsel had never heard of a more important case than
the present, which was one of peculiar hardship and distress.
He would have taken it before the other Court, but such
cases were of common occurrence there. It was a new
thing that a Solicitor could. not be changed without an order
of Court. The Lord Chancellor would not hear such an as-
sertion. Mr. Monkhoutie replied to Mr. Pownall on the 211th
July. The Learned Counsel concluded by moving that the
order for entering an appearance should be discharged, as well
as that for reviving the suit ; and that they be discharged with
costs.
Mr. HART defended the conduct of Mr. Powhall. He depfe-
cated the waste of time at this season of the year, in a cause
which called for very little argument, Hie Learned Friend had
made a comic use of the woman with the wheelbarrow of oys-
ters, but he would not.follow that example, where thee time of
the Court was so preceious. The delay which had occurred was
solely attributable to the inexplicable nature of the testator's
will, not one word of which was properly spelt. The testator
was a man of low origin and mean education; the defendants
were of the same character, being 'chiefly paupers, and he saw
no reason why his Learned Friend should have expressed him-
self so warmly in such a case, unless it was for the purpose of
exciting popular opinion, and inflaming theblic mind re-
specting the delays attributed to the Court of Chancery. He
had acted strangely in taking the cause into this Court, but lie
knew that the Lord Chancellor would not have listened to a
motion of this kind, his Lordship having already decided that
a 'Solicitor was entitled to his costs before delivery of the papers
in the cause. Mr. Pownall had never said that it was necessary
to have an order of Court to deliver up the Paers. He had no
wish to remain solicitor for the defendants and had no objection
to Mr. Monkhouse or any other person being appointed, but he
had a right to his costs. The Court could do nothing without
the consent of Mr. Pownall. He had prepared the briefs, and
delivered them to Counsel, and every thing was ready for going
on with the cause, with the exception of his Honour the Vice.
Chancellor, whose lamented illness was now the cause of delay.
Mr. Moons followed on the same side. Ile said that Smith
had ill-used his wife, and had separated from her, living with
another woman for four years in a course of adultery. But
finding that his wife was the proper person to take out letters
of administration, in consequence of the death of another per-
,he took her hack again. There Were several causes ope-
rating as delay, for which hit. Pownall was not at all account-
able.
Mr. fistaLD replied, t A unite ittiportant case than the present
never came before the Court. If 111 r, Pownall .was it mean,
petty
Attorney, living in an obscure corner of the town, and
'4'4l paupers for his clients, he should have felt himself
bound to have exposed his conduct to the Court. :But as he
was represented as a respectable, man, he had obstetric.; from
saying any thing against him. If he had depicted him as have
ing put the cause into a sledge, dragged by a worm across the
Court, the delay could not have been more. But his Learned
,Friends had advocated his cause, more in words than. facts, for
it did not appear that any substantial defence had ,heen set up
'for the unaccountable delay. if Smith lived with another
:woman, in open adultery, it only aggravated the case. But
'this cause had been in Court mince 1816, and .net one step
had been taken to expedite a hearing. Nothing to rouse the
Solicitor for both parties from his dreaming sleep. Mr.
Moortterhandi icsusiniadt.. that one of hi* clients was a pauper, and
tit o
but were
wowpeoretheme matters for Comedy ? He
was astounded, that
Pownall, a man of character, eltould
have- instructed his Counsel to say, that there was no ground
of complaint in the present case. But while he (Mr. Heald)
had the honour.: of wearing &gown, he should, ferret out the
pet!), artifices of those who made affidavits of this description,
which only tended to bring the Court and the Bar into public
scandal., 'rhe:long delay/ in this Court, of which the public
had so often and so justly complained, were not attributable to
the practice of • the Court, to the Judges who, presided in the
Court, nor to the Cetrnsel at the Bar, but to -Solicitors and
others.who originated the causes. Was it not shocking that.a
receiver should be asked for an estate, which. had been nitre
years in ChanCery, without 14 shilling Wing beet) receiv-
ed by tha; annuitants? He had looked over this case yester.
day, and hie Iconscieneet could not, rest, till lie .hed brought it
before the Court. Wee it to be endured that property of
this' kind should -be • allowed-to remain unaccounted for be-
cause the parties entitled to it were paupers ? letters of Meal.
nistration being only sued out as the signal of their death I

Was the Attorney to be allowed to retain the property till
the paupers were swept away, one generation after another,
like mere dross, till the whole claimants were gone, when
the Attorney should get all the property, and stand on their
tombstones, the monument of his own fortune, and their
utter ruin ! This was but poor encouragement to the indus-
trious classes of this commercial country, that the fruits of
their labours should not be guaranteed to their posterity,
merely because they were poor. It would not be allowed in
the other Court that the consent of Mr. Pownall was necessary
to the disposal °tibia cause. Was a man getting into Pow-
nail's grasp never to get out without his consent ? His was a
wooden trap, which killed not indeed, but in which. a Man
pined to death. It was monstrous that two Counsel and one
Solicitor should be arrayed against a pauper,. to preventhitn
from changing one solicitor and employing another. His
Learned Friend (Mr. Hart) had complained'of the time wasted
in this cause on a summer's day ; but had the cause of justice
had any respect to the season of the year, whether it was a sum.
mer or a winter's day ? When his Learned Friend bad to de-
fend cases Of this kind, " exciting popular opinion, and inflam-
ing the public mind," were phrases everlastingly on his tongue.
But if those of the public press, who took down with pen and
ink what was uttered in this Court, almost quicker than it was
spoken, had omitted to mention that a case of this nature had
been heard without exciting the abhorrence of the Court, he
should be very much surprised indeed. He trusted that the
appearance should be discharged ; and that the motion for re•
viving the suit should be dismissed, and dismissed with costs.
Lord °tyro RD said, the question was of very great import-
ance. The facts of the case tended to excite surprise, for it
wag not a little extraordinary, that this being an• amicable
suit, should be five years before it was noticed at all. It was
now nine years, and nothing appeared to have been done in the
case. It was evident that Mr. Pownall had considered himself
being discontinued as Solicitor for the defendants, in having
sent a subpoena to Mr. Monkhouse to put in an appearance for
diem. Knowing this, he should have given notice of his inten-
tion to resist his dismissal as Solicitor to the defendants. As
' allusion had been made to himself in his judicial capacity, he
felt sonic difficulty in the present case. It was important to
the suitors of this Court to itnow, for they had all beard the
Lord Chancellor say, that Solicitors should not capriciously
abandon causes in which they were engaged. If he were to
speak his. present impression, he.would allow the motion for
withdrawing the appearance; but as it involved the conduct of
a respectable Solicitor of the Court, he did not wish to decide
hastily, and would therefore take home the affidavits, and de-
liver his judgment to-morrow morning. It behoved Solicitors
to ponder before they engaged to conduct causes for both
parties in which there were conflicting interests. Mr. Pownall
had acted wrong in doing so; but, as he was not before him
judicially, he was unwilling to judge hastily; the more so as
it affected his character. As to the costs, the Solicitor had a
lien on the fund in Court, but no controul over the papers in
the cause; nor was his consent necessary, as the Court would
act without it.

Mr. HART then moved for a receiver, but deferred the
motion at the suggestion of Mr. Heald.

ASSIZ E INTELLIGENCE.

HOME CIRCUIT.—MAIDSTONE, Ava. 12.
MIL SIDE.
COULTER V. THE HUNDRED OF FEVERSHAM.
This was an action' on the Black Act, 8 Geo. I. c. 21. s. 8,
against the inhabitants of the Hundred of Faversham, to re-
cover a sum of 200/. as part compensation for the malicious de-
struction by fire of a barn and certain stacks of corn belonging
to the plaintiff.
Mr. Sergeant TADDY and Mr. BOLLARD conducted the
plaintiff's case, and Mr. MalittvATT and Mr. CHITTY the
defendants.

The plaintiff was a respectable farmer at,Doddington, and
had aft off-hand farm at Newnhatu, whet* alooker and his
family resided. On Sunday evening, the 28th of September
last, after the family were retired to rest, they were aroused
by a light near the dwelling. It was immediately dis-
covered that a large barn was on fire, and that an oat stack
was in flames in two places. The fire spread rapidly, and in
a short time destroyed property to the amount of 1001. and
upwards. Front the appearance of. the fire when first dis.
covered, -it was manifestly not accidental. In anticipation
of the intended defence that it ,was caused by lightning, se-
veral witnesses . proved that the night had been tine, and no
lightning visible. It was suggested that the fire bad been kin.
died by some person who bore malice towards the plaintiff, in
consequence of his having been very active in the suppression
of poaching, and in reducing the poor's rates of the parish.—
The usual notices had been given to the inhabitants, and depo.
sitions made before a Magistrate, in pursuance of the directions
of the statute. Steps had also been taken to detect the authors
of the mischief, by advertising a reward of 2001. but without
success.

The defence set up was, that the fire was occasioned by light.
ning, and several witnesses were called, who deposed that, on
the evening in question, flashes of lightning had been seen, but
not sufficiently strong, In their judgment,to do any mishief.—
They admitted that no thunder accompanied the lightning.
Mr. Sergeant TARDY was stopped in reply~.
Mr. Baron GRAHAM summed up the evidence, and the Jury
found their verdict for the plaintiff—Damages, 2001.