The Sun.
London, England, 1833-05-29 00:00:00

VICE-CHANCERY.-(THIS DAY.)

In consequence of the continued indisposition of Sir
Edward Sugden, his Honour being unable to proceed
with his list of cans,. petitions to-day, took motions.
His Horv,ur was occupied the greater part of the morning
with a motion in "Wade v. Cox," for the payment of up-
wards of 7,0001 into Court, on the ground of a breach
of trust. Mr. KNIGHT and Mr. KEAN appeared for tt.e
plaintiff.
Mr. BEAMS, with whom was Mr. STINTON, on behalf
of the defendant, contended that the plaintiff could riot
call upon the defendant to pay the money into court, inas-
much as he hid been well aware of the line of conduct
adopter/ by the defendant for the last twenty years, and had
acquiesced therein.

Hie HoNouit ordered the whole amount to be paid into
court. The Court rose shortly after one o'clock.

BAIL COURT.-(THIS DAY.)

H EATFOR D EL ECTIO ?f K KING V. AUSTIN.

Mr. PLATT on a former day applied on the part of the
defendant, who was a printer at Hertford, and against
whom a bill of indictment had been found, at the in-
stance of Mr. Pernb..rton, the Mayor of that borough, for
publishing a libel, for a rule to change the venue from the
county of Hertford to some other county.
Mr. TALBOT to-day showed cause against the rule.
The first objection that had been made to trying the indict-
ment at Hertford was, that considerable party spirit
prevailed there respecting the late election, out
of which the libel emanated, and that therefore the dc-
_

fendant could not have a fair and impartial trial. In
answer to that he (Mr. Talbot) had affidavits to show
that the trial would take place bef,re a special jury, that
the persons who compo.ed the special juries hi-longed ex-
elosively to the county of Hertford, and not to the bo-
rough ; that the fe ling of party spirit which prevailed in
the borough did not ext,nd i'self to the county ;
and that, consequently, there was no (I,,uht that
the trial would be a fair and impartial one.
The affidavits upon which the rule was old lined
contained, in fact, a repetition of the libel ; they stated that
one of tie candidates at the election, 111 r. Duncombe, and
his friends lad been greatly insulred, and tl.reaten,d with
per,olial violence by a set of strangers to the town, who
were tired for the purpose, and that those persons were
lodged in the presence of the Chief Magistrate, Mr. Pem-
berton, who was the Mayor of Hertford, who was the pro-
secutor in this case. The affidavits proceeded to state
that the ch fendant received instructions to print an address
which was now stated to be lioellou..

His LORDSHIP asked for what purpose those facts were
being stated ?
Mr. TALBOT said he could not tell, unless it was for
the purpose of putting on the files of the Court a repeti-
tion of the libel.

Mr. PLATT stated, that it was for the purpose of ex.
plaining ihe grounds upon which ti,e detendant believed
he shdould not have a fair trial at Hertf-rd.

Mr. Justice TAUNTON—It can do no good to use these

Mr PLATT said it was not calumnious to put in an
affidavit ..f the misconduct of the Mayor ; it was done
only with a view of allowing that a fair trial could nut be
had there.

His LORDSHIP said he perpetually perceived attetnpts
of the s tine kind made ad invidium, but they had no
effect on his mind.

Mr. PLATT s id neither be nor his client wished to
create any prejudice in his Lordship's mind.
Mr. TA LB ,T proceeded to state that another ground
for the application wit, that Mr. Pemberton, the mayor,
was connected with the Mdrquis of Salisbury, who bad
laige estatts in the county of Hertford.

Mr. PLATT—And the Under Sheriff is also an agent o
his Lordship.

Mr. TALBOT said that was not so ; his Lordship's agent
was under sheriff once, but not at present. He also
denied that his Lordship possessed such an extensive
property as was to be inferred from the affidavits; on
the contrary, it was all in neighbourhood of Hatfield,
and in the eastern part of the county. The learned Coun-
sel stated that he had affidavits from professional gentle-
men, who exrressed th,ir opinion, from a knowledge of
the state of feeling in Hertford, an.l from an acquaintance
with the special juries of that county, none of whom were
taken from the borough, that there could be no doubt
that a fair trial would be had; they stated, also, that al-
though there was consideraWe party feeling in the borough,
it was as much in favour of the defendant's party, as of
the Marquis of Salisbury's.
Mr. PLATT reminded his Lordship that there were two
other cases of a similar nature as the present, ari,ing out
of the same election, and in which similar rules were to be
made.

Mr. TALBOT said be believed, with rezard to party
feeling, that it did not exist to any thing nigh the txtent
in Hertford that some persons supposed.
Mr. PLATT, in contradiction to that assertion, adverted
to the late disclosures before the committee of the House of
Commons.

Mr. Justice TAUNTON...-4 suppose there is no greater
feeling there than in any other town in which there has
been a contested election ?

Mr. PLATT—Why, my Lord, there is at this mcmen
a troop of bullies in Hertford.

Mr. TALBOT said the prosecutor, Mr. Pemberton, denied
t'.at he was at all connected with, or influenced by, the
Marquis of Salisbury, nor was any other member of the
Corporation that he knew of. He denied also that he
was a prism of Mr. Duncombe's opponents, but de-
clared that he did his duty fairly and impartially, and that
his sole object in instituting the prosecution was to vindi-
cate his own honour and integrity. The affidavits of Mr.
Nicholson and Mr. Loogmore were to a similar effect, de-
nying that there was any extension of party feeling to
the county from which the special juries were chosen, and
expressing their conviction that a fair trial could be had
in Hertford.

Mr. PLATT, in support of the rule, said his client did
not object to dny coun,y, except H-rtford ; and he was
proceeding to answer Mr. Talbot, when

-His LoUnsuir said be was clearly of opinion that the
trial ought to take place in some other county.
After some discussion, the trial was fixed to take place
at Chelmsford.