The Sun.
London, England, 1824-07-13 00:00:00

.WI1.60)1y. IFCSKINSON.

This was an action brought against the defendant, a thymist
and druggist, residing near Swintnnottreet, Gray's-inn-lane, to'
. recover damages for an alleged nuisance caused by the manu.
facture of certain chyinical compounds carried on there by the
defendant. The pl lintifr complained, that in consequencc Of
the proceedings of the defendant he was subjected to three dis-
tinct inconveniences: first, his rightof way was obstructed
secondly, du; health of himself and family was .endangered by
the manner in which the smoke' issued. flberi the tlerendant's
premises and thirdly, that the-hay and curse in his stables
was injured by a heap of rubbish which the defendant had piled
up before his stable-door. After A eat deal uninteresting
evidence had been heard on both sides, the Jury found a vet-
diet, in which they negatived the two first'complaints made
by the plaintiff. On the third point they found a verdict in his
behalf, and gave One Shilling damages.
111 r. Sergeant VautlitAli asked his Lordship to certify.
The CHIEF JUSTICE said that he would" consider of the
point, and give an answer to-morrow.

ARCHES COURT, .Jux.r 12.
ATKINSON V. ATKINSON.
This was a cause (which was taken by the court Silently) of
divorce and separation, by reason of cruelty and adultery, pro.
ninted by the wife against her husband. As the evidence was
not read, and the question was only on the admission of the
libel, we are unable to state any of the particulars, except that
the last act of cruelty charged was in-11114.15 I that the parties
cohabited together up to 1810 ; and that between 1014 and
1019 no cruelty whatever was charged ; and that the acts of
adultery which had come to Mrs. Atkinson's knowledge in
101:i had bean by her forgiven.
The Coturr, after hearing• Counsel, directed the libel to be-
reformed in four articles, pleading arts of cruelty necurring
nine or ten years back; and observed, that if the adultery ef
the hueband should be proreci as laid, there would be enough.
to entitle the wife to the whole of her prayer.

COURT OF PECULIARS, .frLY J.
THE OFFICE or THE JUDGE PROMOTED PT PALUtA
_ _

---
AGAINST
This was a cause of brawling in church. arising out of tha
election of churchwardens for the year lan, in the parish
church of St. Marv, Newington. The subject matter of this
suit must be within the knowledge of most of our readers,_in-
• asinuch as it is entirely connected with that of '• The ,Tudge's
office promoted by Palmer v. Roffey," winch was decided last
term. The facts and law of the case being so similar, tha
Learned Judge stated, on the cause being called, that it Would:
be unnecessary to trouble Counsel with. the burden of readirt
the evidence; inasemich as he had fully possessed himself of
the whole, out of Court.
Tijoo (it appeared from the arguments of Counsel) was the
aidesman of Roffey, who was the warden nominated hY the
ev.. A. C. Onalow, the Rector; the inhabitants having elected
Mr. Palmer, who has been the promoter of those suits, under
the express order of the vestry of the parish. (The sentence
upon Roffey was publicly read in the church only yesterday..
Sunday.) Tkjou, it appears, hearing on the day of these dis-
turbances that Roffey was in custody, anti overpowered; flew
to his rescue ; and exerted so much activity and vigour On the.
occ*on, that he pulled one of the parishioners off the seat.
upon which he was standing, into the bottom of the.pew—
pushed violently through a crowd of others, aimed blowi.at..
some, swore at those who remonstrated with him, and attempt...
ed to strike one or two individuals who expressed a.dedire that •
he would desist.

_ ._ ..............
Sir Joust NICIIOLL, in delivering his sentence, regretted.
that 4 wish which he had intimated last term in respect of these.'
suits, namely, dust they should be settled out of doOrs—had.
not been complied with. It seemed needless for the Court to..
recapitulate its former general statement of the law applying
to these matters ; but it. could not. refrain from observing, that•
a great misapprehension about that law seemed to prevail. 4
among the officers of Newington parish. Churchwardens
were bound by their oath to maintain decency and -order
generally within their respective jurisdictions, but especially
in all that regarded the •petformance of divine worship..
--And so protected were they by the law in the exercise of
the powers that attached to their office, that what in other •
private individuals would amount to an assault at common
law, would not be so held in them. Thus a choreliwardAk
might take a man's hat off, or even turn hitt forcibly out of the
church for misconduct, provided the officer did these acts withpropriety, and upon sufficient cause. Now, on the occasion of
these unfortunate transactions at Newington, it did appear that
there was a general call for constables, and that eonstabledin_.
mediately interfered, and came without waiting for orders nett
to do so. lint the churchwarden alone (except in reseed emer-
gency, and not a mere civil officer) was the proper authority in
take cognisance of such breaches of decorum in the sacred edi..
fire. The LearnetlJudge then observed; that though it was clear
that Mr. Tijou had done enough to induce the Court to hold bins'
guilty of the offence for which he had been proceeded 301101 it
did not seem to be a case of any peculiar aggravation; on Its• -
contrary, Mr. Tijou was not present at the commeneementor
the affray, but walking peaceably in the churchyard when he
heard the uproar ; and great allowance was therefore to be trisdo,
for the excitement under which he acted. This was a fact that
would bear materially on the question of mitigated costs ; c°644
which was
being a matter in these courts the alTortionment of
shameful and seandalou s d ism rban Ca were .16 yand flurciftibt
quite discretionary in the :fudge. Now the
person who would,
.rryebtirant)proCeeded spin's(
pected, therefore,
next in degree, die
fiT'rijotttryinhteartfierbeer at galulainnegiengmaTtrer.htlinithh‘,:caTbwa reliCreinenl.tiri:l'
of the vestry, would be
have been (as Roffetyhahtaailftrneroltet°prjetrei*en'
by the. answers
, of the witness
offender ; but it did turn out;
11%1
upon
friin. 1
ti
errear,
°to:
whom acting
tha,e, under :Ain tltre r:s
t.
clearly,
Hureombe; in fat, had been an
proctorto ber for them;
whilst he himself, $o far from. being ptoreetled against, . was
obre otnaex: week 4.2l:Zri :air::
deeir_i:let
hsei; Court i.
of the CAW, the Court determined that, as Mr. Tijou would
have
to
pay his own mate (which the examination of 13. wlt..
examined 41 a PriaciPal with"'
acmes, and Ikon interrogatories on the other side, had rep.
active
Ysee= t°life atihteo promoter,
'ftin'illorilgecachanuuste.t°suenpocuhexttLai
winbliedd::
who had acted by
direction of the vestry, would most probably he indemnified.
tiered pretty litavY). and a* Mr. Palmeri
for his coots, it would decree Mr. Tijou 301. riontiire expense,.
The Proctor's bill in " Palmer and Ridley" beit gth ' tor.. edhimtof
desired that its decree to Tijou should be increased to Mk.
nctiettlted;. SailndasursZtti

CAUTiori To PoST-lioys.•--On Saturday Trite
Niftnn, one or the poiit-chaise drivers in the employ of. it 60
Frani:land, at the Crown-um, in Chit town, was broughavelbSt
the Magistrates of the county,i by his miter, and eanvitgA.G.,,
having, on that day seintiight, negirgently driven hie mesh chaisie, returning from Windsor, wftVt air of
gain hewec.nti.,i96
:Alai4nhend-rnad, near•the and Buttle,,:on wro. ug,lt,
and tun ait a Toad waggon, overtutnrd, and hr44,' •h
chaise to pieces, and very seriously Injured the testrnglll,--
-
Readint Merrurv,)

FRENCH PAPERS.

( From the poik, dated Sunday, Julyll.)

CONSTANTINOAI3 JUNE it is affirmed
that the Sultan has issued a Erman for'the entire
evacuation of Moldavia and Wallachia.
The accounts from the Archipelago are very con-
tradictory. The Greeks announce great advan-
tages over the Turks. it•is advisable to.wait for
the confirmation of this news, but it is certain
that the Turks themselves have not yet done any
thingworth notice.
Rust;, Jim 26.—The Prince of Salerno, and
the Archduchess his consort, paid their respects

y_fsterday to his Holiness at the Palace of the
'Vatican. Their Royal Highnesses set out this
morning, on their return to Naples, from which
they have been absent ever since the revolution
its that kingdom.
FrtAvltpoirr, JULY s.—The Ministers of Aus-
tria, Prussia, and Saxony are requested to
make their report on the competence of the Diet,
which is disputed in the .declaration of the Mi-
nister of Wurteniberg, concerning a claim of his
Majesty, the King of the Netherlands, as Grand
Duke of Luxembourg, on the Crown of Wurtem.
• berg, relatively to the revenues of the Lordship
s of Weingarten, sequestrated from 180t3 to 1816.
Mr. Nagler is appointed 'Member of the
Mili-
• tary COmmittee, hi the room of Count Goltz.
MAnitto,JuNa24.—The inhabitants of several
cities have sent congratulations to the King:
those of Torrija say, that having been informed
by their clergymen that the perverse authors of
the infamous charter called a Constitution, and
those who worshipped it as' a Divinity, had no
object but to destroy the Throne and the Altar,
they .always detested them, which has brought
down on many of that'll the persecutions of the
pretelided Liberals.
St. CLOUD, JULY 10.—The King, after hear,
ing mass in his apartments, transacted business
4ith4l. do Villele, and at two o'clock took an,
airing towards Canard.
FREWCH Ft:min.—Nam, JULY 10.—Five per Cents.
90. 90. ; Loan of 1023, 12i ; Bank Stock, 1,902. 50; Nea..
politan Five per Cents., in Ducats, 808 ; in francs: 89. 50;
Itentes trEspagne, 111.--11wyal Spanish Loan, 58.—Exchange
on London, one month, 25. 15.; three ditto. 25. —( Cour.
4411iirtraigut.)