The Sun.
London, England, 1823-11-28 00:00:00

VICE-CHANCELLOR'S COURT, NO/. 21.

CLARK V. TUNICS.
Mr. Haiti stated that this .was a bill filed by the credltord
of a deceued .country banker, .to enable them to:.prove their
debts under the adminuitration taken out by the executors, it
happened, however,. that the greater part of the debts were
Witudeti.on srmill notes; and it was, feared that the expence of
proving theft debts would. he,greater than their intrinsic value.
The Vtea-Ca.alicEtton suggested that the difficulty might
be avoided if the plaintiff's took the usual order on the present
motion, and afterwards made a, special. npplication for an order
to allow one er;ditor to prove the whole of the debts, as in cues
of bankruptcy.—The use] order was accordingly issued.

COURT OF KING'S BENCH, Nov. 11.
ASSAY ,'r ON THE EAItL'OF HA HHOHOUOII.
„‘, - • ' TIIE XING vd GRAHAM. •
-ine SOLICITOR-OE/IEIIAL rose to show cause against the
rule:
BROCOUAIII thouKht he could state perhaps what would
prevent furthor,proceedingt, great deal had,been sworn on
the other side, which 'Lord Ilarborough positively denied.—
Lieut. Qraharn swore something which amounted to a general
denial of the offensive expressions .used. the expressions
were positively Anti distinctly denied, he would press the mat.
ter no further.
;Aie../UStiCe BAYLEY—(The Lord Chiif Justice not having
come into Court)—That is rather irregular.
Mr. BitouGHAnt said, he only desired it might stand over,
till Term..:

. Mr. Justice BAYLtY—It is better to hear it now. You can
tell us fairly and, truly whether , the
.application is answered
Or not. . .
Mr. Bites; liAM_\o, my Lord, it is not.,.
The Lo nu ,en iar.ll/11TICE 110 W CAM e, into Court, and called
upon the Solicitor• General.
The $o Lin I T UIt•O.XXEJIAti rose to 'hew cause against a rule
obtained by Mr..Erougham fora criminal information. This
was a matter of great importance to Lieut. Graham, who was,
charged with violent conduct towanis tiiii•Eatl of ilarborough,
and who, if the7cbarge were true, , must be,otposod to removal
from his station. It yOuld appear that Lieut. Graham had in
reality conducted himself with moderation, propriety, and for.
bcarance iuthis case,•and the affidavits would prove, that under
circumstances or great provocation he had acted with extreme
moderation and forbearance. The only affidavit on the other
sidr wile the Earl of liarborongli's who SIVOTi, that on the
night,of the ;fish of August last lie had been stopped, in order
to be searched, that the person who stopped hint drew a pis-
tol .and used violent language, that when the .Earl. attempted
to go up the beaelt :he wasagain atoypett, and she person stop.
ping him fired Ole pistol, that others then came up, and one of
them threatened to cut him down ; that the Earl had formerly.
and, now, kettcOnd time, amked .for his warrant, which was re-
fused., Now,
,ii was aworit,.4a reply, that Lieut. Smith, who
had come up, said the name of the officer who stopped hint was
William Pinner, and he would bey forthcoming in-the morning.
TA Earl .had mttlantled- from a pleasure yacht, but from a
galley, was dressed like a smuggler in blue trowsers and jacket,
and check shirt, and wore, as usual with his Lordship, a long
414, and appeared tq 'have somethingmufhed in hie breast.
He had not lauded in the harbour, but on the beach near Dover,
where smugglers-. often landed, and where there had been a
struggle with smugglers ashore time. before. ;Pinner did not
know him tp br the Eirl, and felt it his duty to stop, him, and
tired' his pistol as'e signal, upon Winch a superior officer and
several, men Cattle up, and two of them laid hold of the Earl.

It was between twelve-and one at night. Lieutenimt arallam
and others thought it their duty to search the lugger from
which the Earl landed, and which looked. like a common

ing.vkssel, And which he did not -learp. to be the Earl's tirl he
I was on board. The Earl ordered them to quit his vessel I an
' altercation ensued, the Earl telling the officers they looked like
highwaymen.. The. mob 'on the shore shouted,. Go it, my
Lords throw them overboard." It was sworn that no violence
of manner' orlanguage was used, and that Lieutenant Graham
gave his card only-to-satisfy his Lordship that he was a Lieu.
ronant,,not having his contmission, forwinch the Earl called.—
In the month of May before, his Lordship's boat had been
searched, but it Was because the Earl had refluted to give his
honour thattiterevere 410 toraraband goods on board.
After the SOLICITOR.OICWERAL, had read it -number of
affidavits, •.
The CHIEF; intrricr said they would hear what Mr.
Brougher bad to say on, the. other, fide.
Mr. Bnoncixam—Lord Ih:thorough stood in a situation of
considerable hardship. He could not produce affidavits to con.
tradict it.! • • .„;

fuitice BAYLiY--tie might be supported Ly some of
hie own men. - -

.31r. Rua trattax--Undoubtedry he might, as to some of the
circumatau".ht4 he allude 4 to itwentiona..
The 'John Cif tEF Juerict—Vou cannot prove them to be
invention& - • ' •

114011011 AX—I mu so instructed by one on whose ho.
nour and. veracity I rely. Al an jnstarice, it had been *worn
that it had been said that the Bart hod thrown one of the pre.
veritive fercea overboard. . If this 'fee* were ao,woold not the fact
haYPrheert sworn to, instead of thiaaPusiou to it. Pinner swore
that he had riot said " By the Holy Ghost,
.I'll cut you clown
Y .would.they 'believe this blockading pre.
ou 'low
ve44Ye scamarr, and believe that Out Nohle Lord invented this
language for him ? But if the Court believed that Lieutenant
Graham did4lot ;ire a challenge to Lord liarborough, but only
guvebis card him-der togi Ye an answer to thw,litliltiOrl flow
coo 1 know.whecher.you -arc an officer ?", he had not akg to
stanitupon. But by the variations between the affidavits of
Lieut. Stnith.and Lkut4 Graham, the latter of whom admitted
he said, `> that„if you want any further explanations, you may
know. whie to find me." But Citation) did not swear that he
heal not challenged, but" that he had no recollection of having
given kch‘oienge,* 'he words. were to tingliiieti, thot Lieut.
Cirahant might, say afterwards, `...‘ I did challenge him, but lie
tefuled to fighiine.“
Ilaitt,ET.-13 it not a case peculiarly titted for
goiOg before a, Uraod,.lory, who cPultl airt the evidence. on both
sides?

BROUGHAM said the question was—having come into
Courts vas eat the Noble kart entitled to whathe asked? The
Learned Counsel then pressed strongly the circumstances
which showed that Lieut. Onthnnt, in u very delicso service, a

Lieutenant not only of the -Navy,rdbui' ref tinv Peciwntive fler;
rice, gave a challenge to the Nuoic.r.:arl.
The Loup Cittzr JUST ICf.—:—The duty of the Court, i*
confined to. the law_ in this caste. Though ,1 may blush. for a
Nobleman wanting manners, I have no light to real hint' a
lecture upon that subject:, ;Corrsidering the. evidence en both
sides, lam decidedly of opinion that the rule must he dis.
charged with costsz.•:
Mr, JugiCe U*YLET remarked on the probable irritation of
the Noble Earl, and was propichin, although he admitted that
Lieutenant Graham ,didnot denrtiti thalletige sd•stran-kty as
Lieutenant Smith, that, no challenge bral been given, the !rule
must be dischitqa.l..
Mr. itistice UOLRO VD declined to give an opinion, because
he •had not becirin Court during .the discussion.' •
Mr. Justice Lissy was. tlearly' of opinion•the rule must be
discharged with costs— If there had been a challenger it had
been provoked', and he would never consent eitend the prof.
'motion of that Court to him who had provoked what let cum, •
phi i n ed, of.
The LOAD Crust JUSTICE—The rule is discharged with

rN TUE NATTIa..I3/- at r.? AND'ANOT,HAIt.
Mr. Josts shewed cause's insta rule obtained by a person
named Eaves, calling on ,Mr. Belt, aen., and. his son, who- held
what are called the kegs in the Croivn.officei to chew hy what
authority they received certain fees paid to therrt by Air: Naves.
Title Uentletnan was indicted. fur a libel,: and; limangeebetn
bail, was bound by the terms of his recogniunce, to trrat the
Sittings after next term. , As no notice of trial WWI given for
three terms,. either by the prosecutor or the defendant; it be-
eagle neeessarylo. obtain the respite of the recognisunces, to
prevent them from being entreated ; and these ofbc;:rs, accord.
ing
.to custom, wrote to Mr. Eaves, to inform liim of the nr.
essay of respiting the recognitancett, and received his iristruc.
thins to do what was proper.. .o.a tite,se occasions,, they charged
and received fees, amounting in the wiwle .to 41.,,which- they
had found established hi the' offite when they entered it, and
which had always been paid to.theto. They were, folly eon.
scious that they • had acted front tint most,Opright•motives,,aud
were most anxious that the cue should receive the most vigilant
scrutiny.
111 r. flares, in reply, began by. complaining of general op.
pression; abarged his prosecutors aithsubortiliration ape:jury,
and asserted that the. verdict against him on theindictment was
obtained by perjury alone: • • „
The.CotinT repeatedly. interposed to prevent these marline.
ous charges ; and at length threatened .to commit him it no did
not refrain front them.
'.llle..•Raves then applied himself to the subject matter of the
rule. said his case was a very hard one;. he Was indicted
for a libel, and when,he expected a notice of trial, hureceived
letter tbany the Crown.office. At a defendant, he thought it
was tlie'prosesutor's duty, not his, ti).bringon the triall, and
that he ought not to pay .for the neglect of his adversaries. He
then proceeded to read extracts from Blackstone respecting feesand corrupt judges; and urgetii that 14 years' usage could not
make a custom, nor anyouatom Justify extortion.' . ,t.
The CQUHT UM, •00 .Me. Eaves was evidently misled by
not understanding the terms 'or his recogniunces, which re.
quired him total,. 'care that the indictment Was duly tried...
'rhc officershad only .acted in kindnesa to him•and fnr his be.
nefit, and had only taken the fees which had been received for a
long course of years. 'they therefore' discharged the rule, but
without coats.' • • • ' • e