The Sun.
London, England, 1823-04-19 00:00:00

LAW INTELLIGENCE.

• COURT OF KING'S BENCH, APRIL 18.
George Clark was brought up, on the motion of Mr. George
Marriott, to plead to an indictment preferred against him by
the Society for the Suppression of Vice,' for publishing a blas-
phemous libel.
TRUSCOTT AND CO. v. 3IARS/1 AND CO.
This was an action to recover 4551. for money hod and re-
ceived by the defendants to the use of the plaintiff: The de-
fendants, who are bankers, are merely nominal parties, being
stake-holders, into whose hands the-money was paid, and w
on an indemnity from Messrs. Brindley and Co., pad it into
their hands. At the trial before the Lord Chief Justice, at the
last sittings for Middlesex, it appeared that before the Corona•
tion of his Majesty, Messrs. Truscott and Co. were in treaty
with the Board of Works, for permission to erect scaffolding
and seats before their premises, for the accommodation of
those who might desire to witness the procession. They had
almost agreed on terms, when Messrs'. Brindley slur CO.
proposed to take a larger space, includin the frontage 0
the plaintiff's house, and the Board of 'Works accordingly
let the whole to them, stipulating that Messrs. Truscott and
Co. should have their own frontage let to them by Brindleys,
on the terms which they had almost concluded for themselves.
The rent of this frontage amounted to 4551.; and this sum the
plaintiffs were ready to advance ; but as some doubt Was then
entertained whether the coronation would take place, it was
agreed that the money should be deposited in the hands of
Messrs. Marsh and Co. until after the event. The coronation
took place ; but the degree of anxiety in the public to witness
it had been so greatly overrated, that the speculators did not
even obtain money enough to pay the expence of erecting the
temporary buildings, Messrs. Brindley and Co., and other
speculators, petitioned the Board of 'Works for a remission of
the rent ; their case was submitted to the Treasury its hard'
ship was felt ; and the whole rent was remitted. Still Mess's.
Bnndley and Co. contended that they were entitled to the rent
from their sub-tenants the 'plaintiffs, because the only event
n which they were to be excused was the abandonment of the
hank"
ceremony ;,and they received the money „from tile
Chief
which this action was brought to recover. The Lord
im
Justice then thought that Messrs. Brindley had no clart_o_
rent, and, the Jury under his direction, found a
the plaintiffs.
Mr.. F. POLLOCK now moved for a rule to show cause why
this verdict should not be set aside, and a nonsuit entered. It!
said that Messrs. Brindley and ~ in the statement which
.
they laid before the Board of Works, gave credit for the hat,sl
which they expected to receive from the hi
p._ntiffs, and
even if they retained this rent and paid none themselves, they
would be losers.
The COURT were unanimously of opinion that the t ,
was right. It was clear that the Crown intended to roni
rent to all.parties liable to pay it, and it would be at fraud
verdict for
ie
on
this bounty if the defendants could prevail. TheYv-herei°r"
refused the rule. •

This action was .brought -------- ----
PbSy v .MBrI.S
PhillipT 01. L .s
auctioneer of
Bond.a ' treet, to recover 88 guineas, the price'of er-ings kneel,
ed do
down to the defendant at a sale at his rooms. The ear-rings
were correctly described -in the catalogue as brilliant drop ear.
rims; but no description was given of the stones which formed
thew centre.
so These, according to the judgment of some per'
sons, were rubies; while others thought them As cYriall gar.
nets. The defendant himself was a person skilled in jewellri,
having been jeweller to the Empress Josephine. It aPPear!,4
the suet ,
that after they were knocked down, they were delivered to Iv
defendant, who received them, but after inspecting them, re-
turned them to Dlr. Phillips, saying that he had intended to i
bid only 48, and not :•;,_ guineas. The Lord Chief-Justice
if they
directed the Jury to find their verdict for the plaintiff,
thoughtsthere was no mistake as to the sum ; but, if there r.
a mistake, then for the defendant. The Jury found for the
plaintiff. llOll5O
;L on
Mr. SOARLETT now moved for letrve to enter a
UrChaief
the ground that there was no acceptance to bind the P tended,
under the provisions of the Statate of Frauds. He c01i.,,,
that as the auctioneer might insist on the party's returnpY "!:
goods, unless he paid the deposit, such Party could not be reif
girded as accepting them by merely taking t n
em to 104 at,
he immediately returned the articles to the auctioneer.
The Court granted a rule to show cause. VD •"...
THE KING V. THE REVEREND EDWARD rlcTorr A.
HENDERSON, ESQ. IliDg 01l
This was a rule obtained last term by Mr. scarlett,
cathe latter
the defendants, the first of whom is a ClergYnon, and w
cog
a Diagistrats of-the County of Carmarthen, tu sir them,
why a criminal information shottld not be filed sir ~.ht
for attempting to provoke a gentleman named SaTntlers, to n..
a duel. It was then stated, that at a meeting of the Lom","—
sinners of Roads, Mr. Henderson first taunted 111 r. Sir :wear;
I.ts having no land in the county and yet coining to, vout ,
hl
its monev and th off' ' h:' ...• fationt too toff&
Pieten advised •en "Int; un 8a". I 'el with Pah a
him not to himself en aIA
p ace
person as Mr. Saunders. the rule on the
Mr. TauNTON now shewed cause aPinSt Thee
affidavits of the defendantsal Mar:trams.
and of sever t Mr. Saunders
suggested that Mr. Henderson had understood t a
complained Of,
had •
applied to hith the taunt which he himself
explanation
on some other occasion • that he came to obtain an ioever
of the affair ;that he ' his Ins
generallY'
w.
applied expres 0 . d him no
had used these words; and that Dir. Picton advise
to notice them. ~,i danger of
The COURT suggested, that as there aPPeat' im , root
breach of the peace, the rule should be discharged on P'!,
of costs by the defendants. _ ,n,rh rgea
This suggestion was acceded to, and the rule was ••--
i
on these terms.

PALACE COURT, FRID►Y, APRIL 11•

THE BERWICK ELECTION.
Mr. MANliouLGEl:Esstavtedersudlait.thivis• wPasAlltraesl-107143;reicer Ofrltilliec
sum of 231. 4s. 10d. for refreshments furnish ‘sd by order of
(;..ited-101.
defendant to the Burgesses of Berwick, at the 'White P j.,. factS.
lie house. The Learned Counsel then shortly Mated In'
. •
as afterwards detailed in evidence.
wiGtheringte . , uof al_e,
_
Air. THESIGEIt objected, that as 31r. Dodd ato parb
refreshment so lavisly used, he was prima fade, pliable
of the expences.—Objection overruled. 31r. P'l"
1:, T e svere
kips
resumed—l was at 3lr. Hu rhes'shouse• Iv
...r _ was there, and several of his fnends. her ~d to the
! e^shments on the occasion. My brother Burgesses el
ere ,ap-
honour of electing me Chairman The refreshmenn to .1P
Vied by Mr. Parkin's order. 'Subseqety, '"'-• e ?''
Hear Mr.'s," 'Will you do me the honour to take some vill,ll re.
plied "It was remarkablyood " II th 11 sal ' The
immediately called the landlord to me, .d ttl'iever
-mind h hpeople must have some refresnutent. 0 Tell
know Mr. Parkins--I became
waCtri.a„lntiO
t-at—t-esep
said " No, as it wasgeneralg generally
.ba_d ate suck 11,_, oases.
~.,...
rooem was nearly full of Burgesses. He said also to 111c,,,,,.4, I
landlord!h to give the cotnpany whatever they re r.: 46 It
is Mr. l'ark' '
ins s pleasure that you give the componYlandiard
merit." Mr. Parkins was on my left at the tirne ;
colddle the
and said to wr;froli..
in reply said, " Sir, I thank you. The landlord cd; lie
tables then with refreshments; Mr. Parkins pardeiPAti le
rernained with me and the burgesses till half Pat one.
ergesic.
it cTnmenced at half-past ten at night ; I left inallY burg`""
behind me ; during the time we had a private con T.. anti
nothingwrote
n'tv
aa s orderedbit of
f
ugawriksihnstfthee then .:: 1 :1
il '
iristo
ivb
_e
, roesse k
entertained as they were last night ?" his answer vost . co
'
not generally so, but use your discretion." 1' "rent jrir, Par'
quence forthwith to the landlord, and repeated the
'.oaittee•
kins had said, and also communicated it to the u'll,a) wee*
There were more refreshments ordered. We had seveleot 00.
Digs afterwards. The average number of persons P!'
those occasions was ten or fifteen. . . .

Th.fir.e TjunDßossEr(GßEußrtotulndr.T3lo4edrsictelr
I..:lsuqr.y)
rfeogra4phietudiaetreeanc-ed' ;au-,
Several other witnesses were examined.
wtobaiolec
of the evidence, and observed, that they were to eci'le 1 .nt WI
'credibility of the witnesses, antral-so whether the deco( 3
an,i
not made himself liable. ; itcs, i
The Jury consulted together for more than ten 1111509.0,';
at length returned a verdict for the plaintiff, than die nig'.l'
being the amount only of the expences incurred on
when 31r. Parkins was present at the meeting.
--....e—"°5°

BIRTHS. f A 6
On the 11th inst., Mrs. Cansdell, of Nortonfalote °
At Farley, the Lady of the Rev. C. F. Niratkit,

, iv nbtollnir,ll'
.....
:no
irrl efaytu-sdtrea e,
dt,alSl tirand, tfol:la.,"id,anas Yrtnouring:s:., 0
MARRIED.
On inst. at St. Sh ' If hW W. A.- I bto
his 26th
_..,. , ...... Stephen's, en s, Itssw te , . tiaug
of
.-41211°Inas Edwards, EsT, of Brook-street, Ipsocit jesias,
_ P Thursday, the 17, inst., at Burnham, ligi,,S' Vri%ae+
uedest son Josias Nottidge, 1 . a Rose-b,-, f dip'
;eifig
harn.b 1
.ktuh 1,.e.h413u. 7 1 t::. g 'ter o in. I, /
DIED.
On the leth inst., at his house, Palmer-terrace, Ponfilhato
Staines, Blight, Aldertnat of tie City of Lorld°ll* berg 4
• On the 29th ult., at Leii lie 1111 r Johan Friedrich spin
aged id,'of Old F' h . 4 liill . '
is .s.,reet- • ,
____-----'77
/ear., John Staines, Esq , son of the late Sir A
---------- ......48.
, _- t the by '
Printed and Published for the Pnornatroan, at
Office, I`'o. 112, Strand, by J. .13. 01,1104•71111.

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