The Sun.
London, England, 1823-01-21 00:00:00

LAW INTELLIGENCE.

• COURT OF CHANCERY. Jaw. 20.
• COLOMBIAN LOA,.
The LORD CHANCELLOR said he wished to correct a misre-
presentation which had gone abroad, with respect to a motion
made by Mr. Hart on a former day. It was on the part of
an Individual, praying that money in the hands of certain other
individuals might- not be sent abroad, tp what was called the
Coloinbian Loan • because the authority of Mr. Zea, who had
contracted that Loan, had been disavowed. His Lardship.said
he was represented, as having heard the motion in his private
room aftet the rising of the Court; the fact was, it was by
mere accident it had been heard in his private room. lie was
upon the point of leaving the Court, when Mr. Hart pressed
to make his motion ; upon which he told the Learned Counsel,
that unless he followed him into his room he could not attend
to him. ' His Lordship added, that upon hearing the motion,
what he said was,
_ that without his stating, one way or the
other, what was the nature of. the Colombian Loan, he could
not as a Judge, sitting in the King's Court, recognise it as a
Loan to a Government not • recognised by
.the King of this
country; but that if any person applied to individuals in this
country to lend money to persons abroad, and those persons
afterwards disavowed the authority of their agent, that such
was a fair ground for his interference ; and that, if the record
was put in that way, he would grant the injunction ex parte,
whatever might be the nature and character of that which was
termed the Colombian Government. His Lordship Anther said,
that, sitting as Chancellor, he could neither authorise or deny
the character of that Government except on authority higher
than his own. He wished it to be clearly understood, that It
was by the merest accident the motion was heard in his private
room, as it was called.
His LORDSHIP, on account of the extreme severity of the
weather, and his labouring under a cold, sat in his room ; but his
Lordship was anxious it should be understood that he sat there
publicly, and that the Court was accessible to all persons
who might desire to be present.

VICE-CHANCELLOR'S COURT, JAY. 20;
THE OPERA.IIOIISE..—WATERS v. TAYLOR.
Mr. HEALY) as Counsel for Mr. Taylor, said, he had a long
motion to submit to the Court, only a portion, however, of
which, at the present moment, he thought his Honour could
fairly grant. It was a motion. that Mr. Waters should be di-
rected to pay into Court a sum of 5,5001., and that he should
be ordered to pay to Mr. Taylor his proportion of the interest,
amounting to 9201: The motion proceeded to pray, that in
case of default of payment, Mr. Waters should be declared
to have forfeited all his right and title to the estate of which
lie had been declared the purchaser. This latter part of the
motion lie would not press upon the Court. In order that his
Honour might beable to understand the object of the present
motion, lie would state a few of the leading points as connected
with this long litigated case. When the Opera-house was
first sold to Mr. Waters, a special order wax made to pay the
purchase-money within a certain time, and Mr.. Waters was
never placed entirely- in the occupation of the property.—
Several applications were made from time to time, and
ultimately a sum of 34,0001. was ordered to, be paid into
Court by ' Mr. Waters. This 34,0001., together with die
7,0001., formed a part of 70,0001., the whole amount of •
the purchase.money. In consequence• of a further appli-
cation to the Court, this sum of 34,0001; was reduced 'to •
23,0001., which was paid into Court.. There was subsequently
a reference to the Master, anda vairety of inquiries, by the or-
der of the Court, were made by the Master. By an order of
'the Court, dated 24th. December, 11316, Mr. Waters was al-
lowed to retain in his hands a certain portion of the purchase-
money, and it was to that order the present motion referred.
Since the former hearings in this case, new parties had sprung
up, and claimed a right of interference. A Mr. Chambers ap-
peared . here on the present ,motion, and Mr. Wetherell anti
Airt Sngden had been retained to support his claims. Mr.
Chambers was no party on the record, and as no supplemental
bill had been filed by him, he had nu right
,whatever to be
heard' by Counsel.
After some discussion by Mr. HART on the part of Mr. Wa-
ters,,Mr. BARBER for the executors of and Mr.
WETHERELL for Mr. Chambers,
The VICE•CIIANCELLOR observed that the question here
was, not whether Mr. Chambers had an interest in the
case, for it was quite clear he had ; but whether he could
assert that interest by now appearing ? Ile thought the
Court could not hear that gentleman's claim, excepting as
it regarded the sum mentioned in the order of the 16th Octo
ber, 1821. • The best course for 'Mr. Chambers to adopt,
was to place himself precisely in the same situation as .Mr.
Waters now filled, as he claimed a right to the whole of Mr.
Waters's interest in the estate. It was now_ requisite that Mr.
Chambers should not only establish the validity of the contract,
but also show to the Court hie right to put himself in the place
of Mr. Waters ; that must be done by filing a supplemental'
bill. • :
Mr. WETinEntra..then asked the Court to suspend the pre-
sent order until that supplemental bill was filed. -
The Vice-Crramscria.on acceded to this suggestion. It
was the duty of the Court to carder this motion to stand over
Until that bill was filed. It was obviously greatly to the in-
terest of Mr. Taylor, that Mr. Chambers, a man of great re-
spectability, should supersede Mr. Waters, as purchaser of the
estate.
The last day of term was fixed by the consent of alt parties
hr filing the supplemental bill.

CPUBT KINO'S .BENCH,
JAN. 20.
LIULL.—PALMER'S PRINCIPLES OF NATURE.
TIIE RING v. TUNORIDOE.
The SOLICITOR...GENERAL stated, that this was a prosecti-
don for a blasphemous libel against the defendant, one of Car-
shopmen. The Learned Oentleman referred, to the ma-
chinery by which these publitationi were covertly sold, in the
case of *i addington, &c. The publication by the defendant
took place in a similar way. He contended that if, even the
defendant was not the secret agent; yet if acting in concert with
the secret agent, as the servant or shopman, lie was equally
guilty.
William Smith, Bow-street officer, went to a shop, No. 5,
Water-bine, Fleet-street, on the 30th of August last—Burton
and Duke went with him. Witness went down on the right-
hand side—Burton and Duke on the left.. The other two of-
kers went to the public-hoose nearly opposite the shop,....saw
the defendant,' Tunbridge, at the door, looking up Fleet-street.
The witness looked in, and saw on the left hand side as he
entered .the door, that there is a partition, and turned to the
left to get into the shop, which led tbilie back room, or part of
theshop where witness received the publication ; witness spoke
to. the defendant for a copy of the " Black Dwarf," . which be
received from him, price sixpence. Witness then asked for
"Palmer's Principles of Nature." Dellndant iaid,.he did not
sell it, but pointing to a dial, with' the names of books and
prices affixed, lie said—." You can get it there." -There was a
apOut from the floor above. The defendant Went from behind
the counter into the passage behind the partition. Witness
saw upon the list before the defendant went out of the shop, the
name of ac Principles of Nature," the number and
the price:' The dial was a against partition as you enter the
shop. He then went to the band, and moved thenumber next
the book—the book then came down. Witness turned round
to i'boy who said, "It wont stand there." Witness lAW the
affixed prices, anti put the money in, and then the book came
down the spout through the partition,, from the hack room,
not through. the ceiling. Witness put -into the spout two half-
crowns, which was the price of the book. It was " Palmer's
Principles ofNitturc.'' Witness then went out, of :the shop,
up the lane towards Fleet-street—he looked black and saw
the defendant, Tunbridge, at the doer, looking the way wit-
ness was going. The produced is the book, which witness
marked before he parted with it. The name of Carlisle was
on the door.
Cross-examined by the defendant —Has belonged to Bow-
street. three or four years ; was before a . calico-drawer ; has
been, in the post-oftice,, and then went into the velvet painting
fend.), trade..<
Defendant—You say you purchased it of me, and I told you
where you would get it ?
Witness answered in the affiamative. Asked for. the book
published by Cobbett ; purchased it for Purton, who belongs
to the I3ow.street Office ; will swear that the mark on the book
is his • hand-writing ; purchased the book because lie knew
that there was a conviction on it before ' • will not swear that
the defendant sold it hiin, but that lie told him where to get it;
does not know the Defendant would have sold it, if lie had
known him to be a police,officer ; has read " Palmer's Prin-
ciples," page 24.
Defendant.—Did it induce you to feel contempt for the Holy
Scriptures
Witnesit—lt certainly did.
Defendant. —Did it cause you to break the public peace ?
I Witness.—No.

The Loan onyx JusTicr observed. that it was not neces-
sary or usual to read the whOle of an information; the atten-
tion of the-Jury would be directed to the'Substance, as it would
occupy unnecessary time to read the whole. The first count,
in the information was here read, setting forth that defendant,
being a wicked and evil-tliiiposed person, published the libel
in question'.
At twenty minutes past eleven. the defendant rose and ad-
iiressedthe Jury. lie said, the author of the work, for which
he was prosecuted, was one of the greatest philosophers of the
age in -wh WI. he lived ; lte laboured,incessantly to root out the
growth of superstition, and sow the seeds of philosophic ads-
' dOm and truth through the eye of seienee. and 'nature. He
would show that to support this doctrine of libel, the law had
been perverted by Judges, and Juries 'were influenced under