The Sun.
London, England, 1823-04-26 00:00:00

SUN.

LAW INTELLIGENCE.

COURT OF CHANCERY APRIL 24.
HEAD ✓. HEAD.
The arguments in this appeal were concluded to-day.—The
Loan CHANCELLOR confirmed the decision of the Vice-Chan-
cellar in favour of the verdict, declaring his perfect satisfaction
that it was fully warranted by the evidence. The Verdict it will
be recollected, was found for the plaintiff; thereby establishing
his legitimacy.

COURT OF BENCH, Apnzt. 25. •
NOVELL() L. TOWOOOD.
This was a special case for the opinion of the Court. The
plaintiff brought an action of trespass against the defendant
for taking his goods, under colour of a distress for poor
rates, without lawful ulutharity to distrain. The sum for
which the distress was levied was due; but Mr. NovelTo con-
tended, that his goods were protected from seizure, because he
was a domestic servant to the Portuguese Ambassador, and en-
titled to the privileges extended to.spersonS in that situation by
the statute of Ann. The case stated that be was a chorister en.
gaged in the chapel of the ambassador, at a salary payaZde
quarterly, and had been engaged in that capacity for a period of
95 years ; that the ceremonies of worship could not be com-
pletely performed without his assistance; but that he filled the
situation of prompter at the Opera-house, and also practised as
a teacher of languages. The question for the opinion of the
Court, therefore, was, whether his goods were protected front
seizure by the statute.
Mr. CAMPBELL argued that the plaintiff Was domestic
servant of the Ambassador within the meaning of the Act, as
his attendance was-indispensable to the performance of the so-
lemnities of that religion which the Ambassador professed ;
and that the process issued against his goods was of a descrip-
tion from which they were protected by the Act.
Mr. E. LawEs argued on the other side ; and as he had
not concluded his observations at the hour when Mr. justice
BEST was obliged to proceed to chambers, the Court post-
poned the further hearing of the argument to a future day.
THE KING, ON THE PROSECUTION OF JAMES CAR,

TER, rata. r. TAS,E.
IqiSCARLETT moved for a rule calling on a person named
Richard, Tane to allow cause why a criminal information should
rot be filed against him for an atrocious libel against Mr. Jas.
Carter, allagistrate of Portsmouth. . The libel tended to im-
pute to this Ventleman crimes the mention of which was sufti-
cient to make men shudder with horror. 'The party against
whom he moved was a Lieutenant in the Marines, had been
convicted at the Portsmouth Sessions of an offence of the• same
character, and sentenced to a certain term of imprisonment in
the gaol. On this occasion it necessarily fell to the lot of Mr.
Carter to take a promicnt part ; he was the committing 3la-
gistrate, an that was exposed to the defendant's revenge.—
While Tane remained in prison, a person named Rawlins was
committed to the same custody for an assault with intent to
commit a rape, and acted as his servant. On the day upon
. which Rawlins was discharged, the letter, which was addressed
to him, was found lying in the lane leading to Mr. Carter's
house. There was no affidavit that the letter was in the hand.
writing of Tane, nor could there he, for it was written in a dis-
guised hand, but there was abundant circumstantial evidence
'that he was its author. In his writing-desk were found memo-
randums in cipher, importing a design to make a charge
against some one, and corresponding in a remarkable manner
with the letter which was afterwards found. This letter (which •
the Learned Counsel read) purported to excite ifawlins to re-
venge against Mr. Carter, and stated that he was guilty of the
crime alluded to, as some one had confessed on a sick bed, and
that " he was aspiring to-a Bishoprick." Bills were after.
wards posted to this effect—" J. C., a Magistrate, who aspires
to be made a Bishop." Although the letter was spelt with in.
correctness, it was evidently Written in the affectation ofa rustic
style, and thei assumption of ignorance which did not belong to
the writer. The paper on which the letter was written was of
the same kind, had the same water-mark, anti agreed in every
respect with that which was found in the desk of the defendant.
Here, then, was sufficient presumptive proof to induce the
Court to etill on Time for an answer. ' •
The Judges
,consulted for some time, after which
The Loup CHI Er. JUSTICE mid—Thii cohrt never, on
mere presumption, requires a party to answer on his own oath
to a criminal charge. We therefore think on the whole, that
it will be better that you should not take the mile. I will' say
nothing on the case, lest I should prejudice those further pro-
ceedings which you may think it right to institute.
Mr. ScantATT accordingly took nothing by his motion.