The Sun.
London, England, 1834-02-19 00:00:00

FORD V. SMART.

This case was opened by Mr. FoLtErr, and

Sir J. SCARLETT stated it to the Jury. He said it was a
prosecution, instituted by the Rev. Prosecutor, against the
defendant, who was vestry.clerk of the parish of St. Botolph,
Bishopsgate, for a libel which was published in the defendant's
name. The Rev. Prelate was well known to the public, and
from the very early period he (Sir James) had had the
honour of his acquaintance, and from his own knowledge of
him, he could state, that a more honourable, or pious and vir-
tuous man, never lived—he adorned the bench upon which he
In
t March,they
then sat ; but, for all that, he had not escaped from the fate of
resolutions
most public men—from being libelled. The Rev. Prelate had
been appointed to the rectory of the parish by the late Govern_
went. Previous to the appointment, disputes had existed
walmBe3roe2n,goantavhla
vestry
parishionersrsyetmt
edeetbi
meeting
ga wn aAws
Act
th
held,respectpassedi
c6t
hot
hat he Geo.er
itei
Its hvoe. f s b u
were passed, which reflected strongly upon the conduct of the
Rev. Prelate, which were printed in the form of a handbill, and
to which was attached the name of Mr. Smart; and in addition
it would be proved, that, not content with that, the defendant
had furnished such information to a reporter, as enabled him to
obtained general circulation through the
The defendant had refused to give up the authors of the libels,and
therefore the Rev, prosecutor had no other alternative than to
make up a report of the meeting, by whicmhetdhieumliboeflltohues mnamttee:
bring forward the present prosecution for the purpose of clear.
ing his character. The Learned Gentleman concluded by
calling upon the Jury to put a stop to the tide of libels which
was now setting in, by shewing that such conduct could not be
pursued with impunity.
Mr. WATTS, a Reporter, heard of the meeting of the entry,
in question, and went up to attend it. When he got there,
he found that he had mistaken the hour, and that the
meeting was over. He then went to Mr. Smart, and
requested to be furnished by him with an account of
what had occured. Defendant asked him for what purpose he
wanted it, and he told him it was for publication. Defendant
said he had no objection to give him the required information,
but it must be in strict confidence. He then took down a
book, from which he copied the proceedings and resolutions,
and from which he made up the report which afterwards ap-
peared in the Times.
Cross-examined by Mr. PoLLocK—He went to the defend-
ant because he thought he would from him get an impartial ac-
count of what took place. He had destroyed his notes,
because he did not know, for several months after the
publication, that any proceedings were contemplated. He
was not a willing or volunteer witness, but attended upon a
subpoena that had been served upon him.
Mr. Bromley, solicitor for the prosecution, said that when
he was furnished with one of the handbills he waited upon de-
fendant, and expressed his surprise that such a thing should
have been put forth, when he well knew that the Bishop was
clearly and legally entitled to all he claimed Defendant said
there was no doubt that the Bishop was legally entitled to the
money, but he certainly had no equitable claim to it. He re-
quired from defendant such information as would enable Dr.
Grey to rebut the charges, by fixing upon the individuals who had
made the statements. Defendant refused to give any infor-
mation, and said he only acted as vestry-clerk, and by its
order. He was not the author of the offensive matter, and
thought it very hard that he should be held liable, in place of
those who were at the bottom of the whole thing.
Cross-examined.—He was not aware till he came into the
box, that it was not disputed that Dr. Grey was entitled to
the money he claimed. He did not recollect that he threa-
tened a criminal prosecution when he saw the defendant, but
he mentioned something of a prosecution at the time. The
reason he did not do so was, that he had not then made up
his mind what course to advise.
Mr. White was a printer m Bishopsgate-street. He got an
order for 1,000 handbills, containing the resolutions. The
copy was brought to him by the beadle. He took the proof
and the manuscript to Mr. Smart's house, where he left them.
The proof was sent back, but he did not know in what manner.
The bills were taken away by the beadle. He never saw Mr.
Smart upon the question.
John Hooker, the beadle, said it was his duty to take all
parish manuscripts that were to be printed to the printer. He
could not say whether he carried the one in question or not.
He could not say whether he took it from Mr. Smart's desk or
got it from himself.
The libels complained of were then put in and read. They
consisted of a series of resolutions, in which it was alleged
that the Rev. Prelate had received money from his parish to
which he was not entitled, and that, neglecting the honourable
example of the Bishop of London, he refused to give it back
to his poor flock.
Mr. Ponnocx then rose to address the Jury for the defend-
ant. He said, as a warm friend to the Established Church,
to say that he viewed that prosecution with regret was too mild
a term. Speaking for himself, he said that he viewed that
prosecution, instituted by one of its dignitaries, with indigna
tion and alarm. He had waited most anxiously to see what
motives his Learned Friend (Sir James Scarlett) would ascribe
to the Reverend prosecutor. At last he said it was not for the
purpose of punishing the defendant, but that the character of
the Bishop should be cleared ; yet the Jury would remember
not only the concluding remarks of his Learned Friend,
but also what fell from Mr. Bromley the moment he entered
the box—that till he came there he thought the right of
his reverend client was disputed—and then they would
see the real object of the trial. They wanted the opi-
nion of the Court of King's Bench upon that point—they had
got it—then, for God's sake, let them stop there. It was
said that it was for the purpose of clearing the charac-
ter of the Bishop ? Where was the slightest evidence
for that purpose ? Was it from the reporter, or the
printer ? Or was it from the parish beadle ? Why
was not the Reverend prosecutor put into the box, when
lie could have told them something of the origin of these
disputes. The proceedings of that day had no more
to do with the character of the Bishop of Hereford than
they had to do with that of any person who had never
heard anything of them. The question was, had the vestry a
right to meet and consider of and discuss what they considered
as a grievance ? What was the situation of the defendant ?as
vestry clerk bound to do whatever he was ordered by the vestry
in that capacity—liable to be turned off from year to year because
he was subject to annual election, and yet he was the person
selected upon this occasion to be sacrificed to appease the
angry feelings of the Right Reverend Prosecutor ! Why
not prosecute the actually guilty parties if any offence
had been committed ? Was there the least shadow of
pretence, to say that the defendant was the author. The
Learned Gentleman proceeded with great force, and at consi-
derable length, in his address to the Jury.
His LORDSHIP having summed up, the Jury, a few minutes
before three o'clock, returned a verdict of—Not Guilty.
The Rev. Prelate sat on the Bench during the whole of the
trial.

THE NEW BARON.—Sir William Horne
raised a positive objection to his accepting the office of
one of the Barons of the Exchequer, in having to go to th"
Old Bailey and upon the circuit; 'hat objection has been
removed by an arrangement (we understand), that be shall
not have to take upon himself those duties, at all events
not until after all the arrear of equity business in the Ex-
chequer has been disposed of.
NEW NAUTICAL ROMANCE.—Cooper,
it
appears, is about to have a rival in the author of a romance
called Makanna, which is on the eve of appearing, This
descriptionsn e w production
n f is
maritime said taodvaebnotuunred
nn
the
me
Indianmost
n pecanim ated ;
while the romantic scenes of savage life, which it com-
prises, are rendered still more interesting by the presence
of a heroine, in the person of the daughter of a British
officer.
KoLoCZA, JAN. 20.—Ever since the 6th of
this month our town has been entirely surrounded by
water, our streets are converted into navigable canals,
and we are entirety cut off from all other places. The
damage will be incalculable, and will be more felt, as all
have not yet recovered the loss incurred by the inundation
in 1830.—Austrian Observer.

LIVERPOOL COTTON-MARKET, FEB. 17.
The demand for cotton has to-day been extensive. The
sales amount to 7,000 bags, of which about 2,000 have
been taken on sp,culation. Prices of American have ad-
van,d id per'h, on the dly, nicking, with the advance
on Saturday, id. since Friday.
The Annoyance Jury for Westminster held
an adjourned meeting on Thursday evening, at the Prince's
Head, Prince's-street, to receive the report of the deputa-
tion (appointed at their former meeting), to wait on Mr.
Robson, the Chairman of the Court of Burgesses, relative
to the appropriAion of the fines imposed by the Court
for non-service and non performance of the duties of Con-
stable and Annoyance Jury, and which fines, according
to Act of Parliament, ought to be paid over (within
fourteen days alter the receipt thereof) to the Ov.r-
seers of the respective parishes in which they were
levied, for the use of the poor ; but the several Overseers
on being applied to, denied all knowledge of any money
ever being received by them from the Court ler that pur-
pose. The Chairman of the Court having refused to
give any information on the subject, the meeting deputed
several of their members to proceed to the House of Coto
mons, and request an interview with the ifonouralt!e
Members for Westminster, who advised an immediate
application to Parliament, and kindly offered their 4,1--
vices and assistance in the case. The m:eting imme-
diately appointed a Committee to carry that advice into
effect, and adjourned till to-morrow evening, to me,t at
slim, house, and adopt what further measures tit ty it,
necessary to enforce the application of a cocsidetable sun
of money to its legitimate purpose.

COMMON PLEAS.-(THIS DAY.)

----...
(Before the CHIEF JUSTICE and a Special Jury,)
FCRNIVAL V. STRINGER.
• the defendant, the 1.,5;
who had brought his action against
damages taw
Sheriff for the County of Surrey, to recover
_,....
• during bra
~..nor.`"`
severe and cruel treatment he had received
aoL
finement for an alleged debt in Horsemongerlanearg .
that 00
the statements of the Learned Counsel, it appe ea
lt Works IS
3 -
plaintiff was the proprietor of two large s
t-works ; an,
Mr. Sergeant WILDE appeared in this case for the plai°64._.
Cheshire, called the Walton and Marston Sal a
__,;,001.
suit for a sum of 8,0001., and, in
that having had some transactions with a perasorrn;srer
a"t os
France, which led to disputes, he
anae a prisons
able to find bail for so large an amount, he bect
in Horsemonger-lane gaol on the 28th of Augus ,alfi7edintbst
this period until the 25th of September he was
ccit
on that ds/
part of the prison called " The Master's Side," bu he eePerl
he received a message desiring his attendance at t
from tap
house. On his arrival there he was informed, that ..A4
to susr-
mation that had been receved the Keeper had reason
must
be fe•
he had formed a design toles cape, and therefore he MI
too
moved to the felons' side of the prison. Mr. Furniva pro
against the adoption of so harsh a course, and V.
be confronted with the party who had made s
a charge, at the same time observing upon the ,
complied with ; he was not permittecle°lltosweragesut
transaction, and stating his belief that the sugg4
from the party at whose suit he was imprisoned, '
apartments,
ae.s.d 2p.slratbi
:hue
dgt
to wasthe
2 instantly7t
h of
September conveyed
adopted for the purpose of extracting from 1101'
eunrnceof not beio6
the justness of his demand. Mr. Furnival's re(P
yard, and placed in a cell appropriated to the
see any person but the turnkey. He requt.
might have some associate, and mentioned a prison'
of the name of Willis, as a companion he should
twheitdhahyimbeifnorgtawlloowdeadytso,
go at
ttoh
the
however, was refused him, but a prisoner under
Mr. Willis was permitted to be his companion. •
of September, down to the 3d of January, he we
of the prison, but compelled to return to the felon'
deathFthr iosm cell,w.th
From the 3d of January, however, to the 13th
h throng'
wasd
u g:
totally unknown to the plaintiff, he was kept in
felon's side of the prison in solitary confinement. 1
against the adoption of such a course were made
plaintiff, upon mentioning the circumstance to
when he visited the prison, telling him that his h,
impaired by the treatment he had received, and
lie might be allowed to walk in the open air, was
him that there was the gallery between the two
considered a very fine walk; at the same time stagy
was not content with that, he should order him
in the cell at the end of the gallery in which _
placed pi evious to their execution. This course
was kept up from this period till the discharge of
the plaintiff in the action that had been brought'
the recovery of the 8,0001. for which he was DA
nonsuited. Itwas in consequence of th i s treatment
been compelled to bring the present action agaim
who was now the only defendant, the keeper
having died. The Learned Sergeant was happy _,
complaint against public officers in this country were ve_!..
frequent; but, in a similar case to the present, it had b. e.°l!tem
by a Learned Judge (Lord King) to a gaoler who had illaued 9
prisoner, In consequence of a suspicion that he of tlf
escape,. " Raise your walls higher then, for the law' ,
country will not allow a prison within a prison."
~. ina 10
Mr. W. Pyne, the solicitor of the plaintiff was called, -
under examination when our reporter left.

DUNGARVAN ELECTION.

It was confidently and generally stated through town
day that Mr. Jacob had been returned as the successful Cy'
rii
date for this borough. We believe, however, that Do P°sl
information on the subject has yet been received. ~ up
The following is an account of the state of the r°"
twelve o'clock on Friday :
SECOND DAY'S GROSS POLL
Mr. Jacob
Mr. Barron
Majority for Barron, 6.
THIRD DAY'S (FRIDAY) POLL, AT MEL%
........ 57
E OCLOCE.

....... 238
....... 244

Jacob''''''''''''''''''''''''''''
Monday.
—Freeman's3l\'lirr :J Barronon ............................... 12
Glorious majority for the Repealer, 45.
Our Irish Correspondent informs us that, at the close of
Poll, the Solicitor-General Crampton and D. Ronayne were
in nomination ; seven or eight polled for Crampton, norie
op
Ilonayne. They started with a view of putting out J
ac
bribery, and it is said will succeed

CHESS BETWEEN LONDON AND PA-

....d pso;
The match at chess between the Westminster a. 00$1. 1
Chess Clubs has begun, and excites great interest 1110/11
oil
follo ,A,
the lovers of the game in both countries. The,,,,„ olsr-
are the conditions upon which the match is to "." o' iS
and we give them conceiving that they may appr°L:. 4
be adopted on similar occasions by the voioug Pr° -I 1
Chess Societies : ' i v 'OA
The match to consist of two games, to be P^a'ed 6i
st.Oi
neously, and the stake to be fifty pounds sterling.
one I
__,F'
Should both games be drawn, or each partY win heit st'Ol
the match shall terminate, and each party will dray/ " ess
dcb ;
The games to be played according to the law' - WO i
down in the second edition of " Walker's Treatise on.
~,
The Edinburgh Chess Club to be appointed unWite; ,4
A letter once posted cannot be retracted or alterey , 1
moves shall be considered as played on the letters be.
tif"roen,, ir
Should either party delay longer than a fortnign„ obellAil
receipt of the last letter to despatch their moves tn.7Zitspo7k
adjudged to have lost the match. Provided alwaYtehewcoote!
the delay have arisen from circumstances beyond it
either Club no penalty shall be inflicted. s igned 14
No letter shall be considered authentic Unless
00
Secretary, or Sec. pro tem. appointed by hit°, Ike'bo the 01
It is further agreed on between the Clubs t the fig .1
to be begun by the English shall be called
_e wbigisi
game in contradistinction to the French cgialiouwing te°
opened by the Paris Chess CIO. The folio
are already pled . -
ENGLISH GAME.
1. K. P. two sq.
K. P. one sq.
The move rests now with so
give it when adopted, ufterw
regularly.

~.ii °"'a&
FasS-- 0 sq.
1. K. P' tvi

I
our countrymen, uotlive 0,
'ards continuing ilie

SPORTING INTELLIGENuP'

7,„a0 a e
MANCHESTER, MoNPAr ' wool .00
• hed the bail
Before St. Valentine's Day had NM a those hop/
night," we found most of our turf heroes, an" .„.tipg''',4lr
penchant for coursing, again assembled in our s -o'o,
pon the b te"soji
full of the deeds of their favourite dogs u- edolnina_iedi
Chatsworth. But one opinion appeared to Pe
dog
that the able and truly.spirited patrons of he
hdiusplayed
justified in their style of supporting he
when the
power, and must have been first or second •, in 0010
was given had he not exhausted his streng!„"ir. Beattieo/1
and killing more game than his share. were .
Brand also shone "a trump," and many the tine,
that " drops of brandy" ought to have been
been
sod the,'
the Judge (hitherto spoken of most highly), bes").„ nap irdy
y
to Spanker. Notwithstanding the extraordinafYt
unprecedented sums pending on the event, the wiIOPP he
pears to have been of a somewhat harmless character or I
always a steady favourite, and never lost sight of $
indeed,
lastthreeo dreamsxpeo o
expectation
their ing and ready game " fieldsmen," so that they kePtll,lll
on the right side. Had the Prince or the Duke
eed
have proved a " tower of strength" for contests yet, tile`
For,
,the
would
the
gay
days
ion has
hof hundreds, with books open, upon the Chester 100
tann uning
urcou erto'adeo
and the difficulty experienced its solving the "deetoht
forfeit," due on Friday last, has proved a great gap
Our letters from Chester gives the following for /prcl
E TRADES CUP.—Lord Derby's Schemer' gr,
wick's Trepidation ; Mr. Massey's Abelard ; and
Lady Stafford ; and for the Cheshire Stakes, ,r
ley's Jemima : and Mr. Turner's Captain Ross. ay bef
feits are also taken by Messrs. Weatherby, there., the
two more, but we don't expect it. Until tlie",:re.sti
state of the field is published, we can look for numb ler pBl
Independencegains friends, and is decidedly Preher (WI
reon has also a blooming look ; and poor Birdcat°4oo4,
cognoscenti booked certain to pay two weeks
friends at our price on Saturday. fa°
Our gentlemen have not in lota the London sod
renipo does not go down with us at their PriCe'oo
was brought out here some weeks back, and teowype,
the Hyde Park-corner quotations would even Oebe too
at. Bubastes in both markets appears (to us) tore r
esteemed. The average prices of those events

" the go," are as follow :
CHESTER TRADES' CUP, p.p.-6 to 1 agst• !ilegt°lf
(t); 7 to 1 agst. Speculator (off) ; 9 to 1 agst. Briv;,);
9 to 1 agst. Controller ; 9 to 1 asst. Perseverance '0 to I
agst. Mez:reon (t); 12 to 1 agst. Mona's Pride ; la,
Les Grace; 13 to 1 agst. Birdcatcher, or any oth,-100, tY
THE MAGHULL CUP, p.p.-5 to 1 agst. Trepi,l%, pa
THE AINTREE CUP.—No betting; but offers
1
field, v. 7.
THE DERBY.-5 to 1 agst. Bubastes (t) ; SG 9
Bentley (off) ; 9 to 1 agst. Plenipo; 16 to I '7000,4
16 to 1 agst. Delirium; 18 to 1 agst. Olympic ;
Defensive; 27 to 1 agst. Viator; 22 to 1 agst.
22 to 1 agst. Comet.
taken)
THE OAKS.-5 y, to 1 agst. Cotillon (freely '—
taken asst. Bubastes winning Derby and Leger. ,
12 O'CLOCK, Morie'e'refo
It is just stated that Trepidation has paid; I tP
his name at a very late hour.

BIRTHS.
On the 13th inst., at Merton, Surrey, the
Marjoribanks Bond, Esq., of a son

PRINTUD ANL) PUBLIYIIID RV MU RDO YO V
N OftICK, 112, STRAIIPt;

nival Prvrcl t°
a requ°u oded
unfoto
cruelty °foe'
tion c ..0
ugges dl3'''
4 ,3 . 1)16 L
.9 and
if 11001
.A,
eqi%'eSt WoariSgrilii :
::eertnesutdtled'etanih°:fol::fhwfrelitdedbre:ol4'; ~ : '
ug.• r fel •
isoner T
d prefer.re rice. 2,
From the; it
was conii% 0# . •
he clebt°:oill,.,
1
vs side a" cox
h, from 3 t
t° '
his cell 1
3
Rem3ristr ,
e in vain' • '
) Mr. strl '
health had
requestine. T. :
as informed
) cells, whichi
tating thato 1 ,
nto be c°- • .
p , i son e rsd
rse of treat
ills" ,
f Mr. Fur'
°t
hip.
ll' aPgraiSin4edtiff
the Pia°
st Dlr. Strl-•fl
so*
L. of the P k
:.
ppY to,:,t,Yvool'

astified in t
their style of supporting him ; P
hewsin-'he far''.far''.ower, and must have been first or second vibe. , 1
n.th r
A.,...
7as given had he not exhausted his stren. 4
nd killing more game than his share. ~„ae of ° ) 1
at
3randy also shone "a trump," and many voiOes "' oriel/
h " drops of brandy" ought to have been th'ed the j,
he Judge (hitherto spoken of most highly), hest°vl nap Ili
o Spanker. Notwithstanding the extraordinary'
inprecedented sums pending on the event, the winning be j 4
mars to have been of a somewhat harmless character ;or? I I
nntnwaiugdcdtdre e
dak,ayotyn:hsrseds:tatttTrdhaewserif
frettaeoset
iodpluaferayidrldudsdogty:
m;tatttymfihhaoacerenneve:
do,
ep;eg‘u,esdafrAtrfiayoie: tyererrels.ndd,
givestcer3sah eexminedaapdmesesncincseti,:hiey,
,isoveeiosefisthloroionitllitrbhlnhi
Cheshire
ss,ii,tatr
trnthsthd:gai:uegel
cu;:hyer
nogt,
as,kr
orothrtio,a
di,
so irni:oieut
1,11,
)n the right side. Had the Prince or the Duke sv:fo'll,,° I
nd
L
save proved a " tower of strength" for contests r.e,nt the, r
)f hundreds, with books open, upon the Chester ;laratlv''
brfeit," due on Friday last, has proved a greet gap Vi 1
O
THE TRADES Cup.—Lord Derby's Schemer'
w
Ley's Jemima : and Mr. Turner's Captain RosS•
may De
reits are also taken by Messrs. •Weatherby, the' the ot
Iwo more, but we don't expect it. Until then'rotCh
;tate of the field is published, we can look for o°..ig of pat 1
Independencegains friends, and is decidedly Pre'",.„, (tO. • I
reon has also a blooming look ; and poor BirdeatCl;oo, ,
7ognoscenti booked certain to pay two weeks Si el
oh •
friends at our price on Saturday. fssb '
Our gentlemen have not in tote) the London and
P'enipo does not go down with us at their PriCe'oir„ple
was brought out here some weeks back, and Lena oe svol
the Hyde Park-corner quotations would even nn
..„ too
at. Bubastes in both markets appears (to us) to 4
esteemed. The average prices of those events in'te e
" the go," are as follow : ciepe4o'
CHESTER TRADES' Cup, p.p.-6 to 1 agst' 11":, I
(t) ;7to 1 agst. Speculator (off) ;9to 1 agst. Orlaw; '
9to 1 agst. Controller; 9to 1 agst. Perseverance '
agst. Mez:reon (t); 12 to 1 agst. Mona's Pride ;
Les Grace; 13 to 1 agst. Birdcatcher, or any eth,-1011, „It
THE MAUHULL Cup, p.p.-5 to 1 agst. Trepida", "„
1
TILE AINTREE Cup.—No betting; but offers •
field, v. 7. to •
THE DERBY.-5 to 1 agst. Bubastes (t) ; 7 i'ls
Bentley (off) ; 9 to 1 agst. Plenipo; 16 to I aSi) 040<t1.‘
16 to 1 agst. Delirium; 18 to 1 agst. Olympic ;
"'" '
0
Defensive; 27 to 1 agst. Viator; 22 to 1 agst. A
,
22 to 1 agst. Comet.
.40)
THE OAKS.--51/2 to 1 agst. Cotillon (freely " , J
taken agst. Bubastes winning Derby and Leger. rOfe I
12 O'CLOCK, moNDA;refs '
It is just stated that Trepidation has paid; I
his name at a very late hour. T 4
4,4•111111....I•111M611M.A
818 TIIS. P
On the 13th inst., at Merton, Surrey, the 15"'j t
Marjoribanks Bond, Esq., of a son. i° I
PRINTED AND PUBLIFIIED RV MU RDO YOU°
001 OftlCl3, 112, STRANPt;