The Sun.
London, England, 1832-05-01 00:00:00

ICING'S BENCH, APRIL 31).

EX PARTE NEWTON.
Sir J. SCARLETT moved for a writ of habc:ls
con" directed -to Mr. Alderman Kelly and a
police' officer nanmed Rowe, to bring up the
body of Mrs. Rosa Matilda Wary Newton, late
lliss Baxter. The application was made on
_the
oart of Mr. William S. Newton, the: husband of the
lady. The Learned..C4unsel said that the families
of Mr. Newton. and-Miss Baxter had been acquair.
red for some years; and on the death of•the lady's
father she was made a ward in' Chancery, the late
Mr. Crowder, her gratulfathei; and is -Mr: Gore,
being'appOinted her
,guardians. Mr. Newton, who
became of age three-or four years ago, and had suc-
ceeded to his father's' business, was on terms of
great intimacy with the family of Miss Baxter; and
when Mr. Crowder filled the office of Lord Mayor,
. he was frequently a guest at the Mansino-house; and
an attachment was formed between-him -and the
young lady. She became of .age in November last,
and it was wished that they should then marry, but.
it being feared that Mr. Gore (Mr. Crowder,
the other guardian, being dead) would oppose some
obstacle to the match, they therefore deter-
mined to proceed to Scotland. Mr. Newton ac-
cordinglyinet Miss Baxter at the Zoological Gardens,
and a chaise being in readiness, they proceeded to
Gretna-green, where they were married accOrding to
the established. forms in that part of the kingdom. A
gentleman, named Wilson, who had accompanied
, them,,stated.in an affidavit which he had made, the:
so- far from the lady having been carried off agaiti
her will, she was perfectly willing to go, and was, rn
fact, very mueb,--lightedirtheprospect of getting
the littabithd'eltm-Chefeetc'lthe marriage took
place in. the presence of Mr. 'Wilson. The parties
proceeded from Gretna-green to Carlisle, where
they passed a night together, and from thence they
went to Keswick. While, however, they were
amusing themselves in a boat on perwent-water,
Mrs. Baxter and two police officers arrived, and, oil
the lady reaching the shore, she was. seized by force,
-and taken front the arms of her husband He im-
mediately followed her to tow's; and found she had
been lodged in the house of Mr. Alderman• Kelly,
Mr. Newton applied to the Lord Mayor, in order to
regain possession of his wife, hut his Lord-hip re-
fused to assist him, and he was informed by Mr.
Wilde, the solicitor of Alderman Kelly, that he
(Mr. Newton) .must not resort to force, and he (Mr.
Kelly) would be ready to answer to any legal appli-
cation which he might make. Mr. Newton had at-
tempted to attain his object by force, but the •'lady
having • objected, lie was obliged to apply to- the
Court. The parties were both of age.
Lord TENTERDEN—Yon may take the writ.
THE. PING V. GRANT.
Mr. KELLY moved in this case to enlarge die
time for showing cause against the rule which had
been obtained on the part of Mr.Ahlerman Winchester
and Mr. Briggs, -for leave to exhibit a criminal in-
formation against. Mr. Grant, the proprietor of the
True Sun newspaper. The Learned Counsel
stated, that inconsequence of the four or five days'
vacation since the rule had been obtained, Mr.
Grant bad .been unable to procure office copies of
the affidavits upon which the application was made.
Lard TENTERDEN—When did you apply for
them'

Mr. KELLY—We applied on Wednesday, but the
affidavits being of very considerable length, we were
unable to obtain the office copies until to-day, which
was the day for showing cause.
Lord TENTERDEN—What time do you require
Mr. linux--Until the first day of next term.

Lord TEN TERDEN--Why s ?
Mr. KELLY—Toe affidavits are of very consider
able length—no less than fifty sides of paper; and
one of the parties who will have to make an affidavit on
the part of the defendant resides in Scotland, a dist-
ance of 600 miles, and another also resides in a dis-
tant part of Scotland. We only require until the first
day of next term, and there will, in fact, be no delay,
as the trial cannot take place until the sittings aftrt..
Trinity Term. We will take short !loin,.ns tv:.)
Sir J.. IicART.E7r said, that on those terms he bad
no objection to the rule being enlarged. ..
. Lord TENTERDEN —I think there should be an
undertaking not to publish any more of these things
in the mean thee.
Mr. KELLY— Certainly.
Rule enlarged accordingly.

COURT OF COMVION PLEAS, APRIL 311.

tANOTHERon
brought . Gb
y 0 Ot ph lN
ev .
plaintiff.
8,,
assTighnieseswi‘oaEsfySanAhNerap
levin, an alleged bankrupt, against;
the defendant, for the use and occupation of certain
premises in Derbyshire. The defence was, that
Sherwin had committed no act of bankruptcy pre-
viously to his disposition of the premises in ques-
tion. The same question was raised in two other
actions brought by the same plaintiff's against dif.
ferent defendants, • and has been already tried four
time. On the first trial there was a nonsuit on a
point of law. On the second there was a verdict
for the plaintiffs, which was set aside on affidavits.
On the third there was a verdict for the defendant;
and on the fourth there was a verdict for the de-
fendant. It was now sought, on the part of the
plaintiffs to have a fifth trial; but the Court, -after
hearing Mr. Sergeant TADDY and Mr. ANDREWS in
support of the application, observed, that although
the question had been already eleven years before
the Court, the parties seemed desirous of keeping it
up for eleven years more. Their Lordships not
being dissatisfied with the last verdict, saw no grounds
or disturbing it, and therefore refused the rule.

COURT OF BANKRUPTCY, APRIL 30.

EX-PARTE BOSTOCK, IN THE MATTER OF WRIGHT.

Mr. Bostock petitioned the Court to stay the cer-
tificate of the bankrupt until the petitioner bad had
the opportunity of proving, under the commission,
the amount of a bill of costs, owing to him by the
bankrupt, the• taxation of which was not yet coin-
pleted : and he further prayed that the proofs of cer-
tain of the persons who had signed the certificate
might be ordered to be expunged, and the proofs of
other parties reduced, the former having been wholly
and the latter in part paid their debts before the cer-
tificate was signed by them.
The Court has been occupied nearly three days
in hearing the arguments of Counsel. To-day judg-
ment was given.
The CHIEF JUSTICE said the opinion of the Court
was that the petition should be dismissed, with costs.
Mr. Justice PELL remarked, that a circumstance
had occurred in this case, which, co long as be
should have the honour to be a Judge of this
Court, should never be suffered to occur again.
The public time had been occupied for nearly three
days in hearing arguments of Counsel upon points
of law, and when theb
etoCchrtoei
been
earn
etr
gnw:vammse reaesnduleasdhduoieruanot:iny tbotte,
al( givekotme the
ee,
parties, thathe ir
j dueusd
ogt servicehenathat,
in a
had a
fact,do
wholly unnecessary. No wonder the English public
complained of the tielay of the administration of
English justice. In future he would not take part
in hearing any petition, until he knew that all
parties had been served with the proper notice.
Mr. Justice CROSS—The petitioner has certainly
been turned round upon a point of form merely, for
the respondtats must have known the nature and
object of this petition.
Mr. Justice ROSE said, that although he had de-
duced from the circumstances that the petitioner
had an object in view in not proving his debt, yet
he by no means intended to impute to him any
thing the least unfair or improper. If the creditor
postponed his proof, in order, if possible,
hto get his
pr
tyneonnt e
they
bb y
bankrupt
rauept action at
teat
nn
law,g !i:escertificate had
o r gfr tomr
t
h
creditors who resorted to the commission.
The petition was ()101l
is.ed svirli costs. i+
iiosee-
)

The Lord Advocate of Z.;,:utland an i his
amity are palSTag the vacation at TvIi!):-Ltip

SECOND EDITION.

SUN OFFICE, Seven o'Clork.

KING'S BENCH-(THIS AFTERNOON.)

DUKE O F C UMBERL AND.

At three o'clock the Court intimated their intention of
taking the case of the King c. Phillips, for a libel on the
Duke of Cumberland.
Sir C. WETHERELL and Mr. POLLOCK on being sent
far, came into Cour, upon which
Mr. WAKEFIELD, jut., on behalf of the defendant,
showed cause against the rule for a criminal information.
It would he in the remembrance of their Lordship that
when Sir Charles Wetherell moved for the rule for the
ermine' information, that Learned Counsel read the
libellous matter complained of, and, therefore, he, Mr.
Wakefield, would not trouble the Court by reading it
again, the more especially as he intended to confine him-
self, to a few remarks upon the affidavit, of Mr. Samuel
Thomas Adams, which had been read in support of the
rule. Mr. Adams stated that in 1810, he was Coroner
for the Verge of the the Palace of St. James's, and
that the inquest on the body of Sellis was held before
him ; that it was not true that Lori Ellenborough
undertook to trannage the affair by arranging the proceed-
ings of that inquest. He denied that any witness had been
previously examined by Lord Ellenborough, or that the
first Jury had been dismissed because of their refusal to
return a verdict. He denied that each juryman was con-
alerted with the Government; that it was not true that
any person was omitted as a witness, whose evidence was
material to the investigation. He deposed that when
eeire duel he was required to hold the inquest ; that by
the statute of the 23d of Henry VIII. it was provided,
that in case of death happening in any of the King's palaces
and an inquest nereesary to be held, the Jury should be
‘..otnposed of 12 yeomen and officers of the King's household ;
that he issued an order for the attendance of twelve yeomen
and officers of the household ; but, believing that it was
,raportant that the investigation should he conducted in
the most impartial manner, he took upon himself to coun-
t, emend the order, and assembled a Jnry of persons who
1 vol at a distance, and were wholly unconnected with the
Place of St. James ; that his summoning officer ap-
plied to Francis Places, of Charing-cress, mercer, for the
names of persons who were eligible to compose a jury ;
and that out of such persons an impartial jury, of which
erancie Place was the foreman, assembled on the Ist of
June, 1610, to hold the inquest; that the Court was
tirown open to the public, and all persons who choose were
admitted without distinction, among whom were several re-
porters, who took notes of the proceedings ; that the whole of
the depositions were taken by John Reid, the then Chief
Magistrate of police, and they were read over to the wit-
nesses, who were severally asked if they had any thing
to add to them ; that all the circumstances were most
impartially scrutinized by the Jury, and every person was
called who could give the slightest information respecting the
case ; that the Jury went to the apartment where the body
of Sellis was discovered, and carefully examined it, and all
other circumstances touching Sellis's death ; that he locked
the doors of the apartment, and would not permit the po-
sition of the body to be disturbed until it was examined
by the Jury; that the Jury unanimously returned a yer•
diet that the deceased, Joseph Sellis, voluntarily and fela-
rii,uely murdered himself ; that the proceedings were in
ell respects regular, except that the Jury were not coin.
posed of yeomen and officers of the King's household ; that
the verdict was a just, true, and honest verdict ; and that
there was not the smallest ground to allege the contrary.
Tne first remark which be should have to suhrnit to the
Court upon that affidavit was one which would not be
denied, viz, that a person applying to their Lordships for
• an extraordinary proceeding as a criminal informa-
tion should be prepared to deny all the charges in the libel,
And that however high the illustrious prosecutor in this
was in rank, still he was bound to adhere to that
general principle. Now it would be perceived that in_
.read of their living a complete denial in this affidavit of
nll the charges relative to the inquest on Seib', there was
one point which had been substantiated instead of con-
tradicted. He alluded to the fact of two juries having
been summoned on the inquest in question. That differ-
ence would certainly be no justification of the libel, for he
admitted that it was a most atrocious libel, but the affidavit
was contradictory in itself; it professed that a jury was
ummoned in the most impartial manner, but it stated
that two juries were summoned, and it gave no reason for
departing tram the -Act or
cases. The coroner had summoned parties on the jury
who were expressly shut out by the Act of Parliament
from being on juries on such occasions ; therefore an ig-
norant person like the defendant might suppose there was
some reason to believe that the proceedings were not fair.
The Coroner said he applied to Mr. Place, a man's mercer
at Charing-cross, he Mr. Wakefield did not know
who Mr. Place was, but certainly he was not the
Coroner, and therefore he had no right to summon a jury
or to burnish a list of the jury to the Coroner. He would
therefore leave it to the Court to say whether Mr. Adams
was correct in saying that what he did was for the pur-
pose of having a fair and impartial investigation. He flew
in the face of the Act of Parliament, and by his own shews
log he substantiated the fact of his having summoned two
juries. Again Mr. Adams swore that it was the
Act of the 23d of Henry the Eighth, by which he wa-
required to hold inquests within the verge of the
palace ; instead of which it was the :33d of Henry the
Eighth, which was another proof of the looseness both
of his affidavit and his mode of proceeding. He had no
famines whatever to send to Mr. Place, and Mr. Piece had
no gutsiness to take the part he did upon that occasion ; the
Learned Council submitted, therefore, that their Lordellii
should have the affidavit of Mr. Place, detailing what bad
occurred, with a view of corroborating the evidence of the
Coroner, who by his own affidavit was capable of corn-
anitting very gross erors. As to the inquest itself it would
not be difficult to show that it could be quashed even at
this distance of time, and if Sillis had had any personal
good., and an application made to the Court of Exchequer,
it would not only be quashe I, but the Coroner might be
proceeded against for a breach of his duty, and he would
have to change places with the present defendant. The
insjuest would be illegal on another point. The 28th of
Henry VIII., chap. 12, stated that the jury should be
chosen from the verge of the Court, and it pointed out the
limits to designate the verge of the Court, which was then
sitting at Whitehall. In the present case the Court was
held at St. Jameeea, and it was quite clear that the verge
of the Court con'd not be the s one at St. .Tarnes's as at
Whitehall. He had now done with hit remarks respecting
the Jury as it was called, but which he called Mr. Place's
junta. He would now address himself to the general reasons
why the present application should not be granted, and he
would refer their Lordships to the case of the King v. Robin-
son reported in the Ist Blackstone, in which Lord Mansfield
stated his reasons fur not granting and for granting criminal
informetione, let, as to the merits of the parties applying,
and 12diy, as to the ti ne of the application. Now, as to
the time of the application, he (Mr. Wakefield) was not
sure whether it was intended to refer to the cause of the
publication, or the period of publishing the libel, but both
circumstances should be taken into consideration in such a
case as this, the gravamen of which was the raking tip of
old stories, which, if revived, would lead to bad conse-
quences. The period 22 tears should he considered before
their Lordships permitted the Royal prosecutor to drag
_a_
party before the public for a cause which could do no public
good, but on the contrary, might do a very serious
He would now refer to the affidavit of the defendant.
Josiah Phillips, of No. 13, Wellington-street, Strand,
stated that he was printer and publisher of a hook, entitled
" Authentic Records of the Court of England for the last
Seventy Years;" that since the rule nisi had
been obtained at the instance of his Royal High-
nest the Duke of Cumberland against him for
a criminal information he had been informed by the affi -
filed that certain parts of that book, from pages 93 to
105, contrined various libels ; that he was ignorant they
Were so ; that he was only 22 years of age ; that the cir-
eums'ances, as therein detailed had, as he had believed.
taken place, and that he published them as such ; that
that part purporting to be a deposition of a witness then
:.s2 the service of the Duke of Cumberland was given to
him for publication, awl that he believed it was made to
elicit the trath.; that the person alluded to was named
and was now living in the service of the King
of Belgium, and consequently he was degrived of that
person's assistance ; tha: he was actuated by no hostile
feeling towards his Royal Highness, never having seen
hitn in his life, nor heard of him, except as relating to
those transactions with Sellis; but that having read or-
ccounts respecting them in the newspapers for a long time
back, and no proceedings having been instituted against
those publications, lie considered that his publishing them
might tend to get the whole matter cleared up, and there-
fore he inserted them in his book, having received them
from p.rsons whom he considered credible, and not fur
the purposes of slander, or of wounding toe feelings of
his Royal Highness. This Learned Council said, that.
when theyouth inexperience of the defendant were con-
. and
shirred, one might well suppose, that after having read the
publications to whieh the de'rndant alluded, coupled with
the stories which were afloat, and considering also the
summoning two juries, and the illegal conduct of the co-
roner, he might he pardoned for believing that the sta e-
ments had some foundation in truth. He, Mr. Wak ti Id
did not apply to show cause on that ground atone, becai:Se

hoped that the circuinstanves as stated by the corone► 1
would not be taken as conclusive without the affidavit of
Mr. Place. He hoped also that the Court would take
into its consideration the consequences of panting the
criminal information ; they were a suppression of the
book in question, and the punishment of the defendant.
The defendant was not the real offender ; the real offender
was id the back ground, the defendant was but a man of
straw, yet still the punishment would fall on him. But
the libellous matter would not he extinguished ; it could
be copied throughout the kingdom, and would not be ex-
tinguished or forgotten until it was proved either to be
true or false—which it could not be by the present pro-
ceeding. The illustrious prosecutor might stop the press
but he could not stop men's tongues—as an instance of
which he would refer to what had taken place at the
late Queen's trial. A whole generation had passed away
since the circumstances stated in the libel occurred, and
the present proceeding would have no tendency to disprove
the charges. His Royal Highness had, it was true, swore
that they were false, and be might with becoming dignity
stop there, and proceed no further, for his reputation as
a Prince was now as untarnished as it ever was. A pro-
ceeding by criminal information could neither prove the
truth or falsehood of the libel. The only way of ascertain-
ing that fact was by an action of damages ; the more
atrocious, the mote damnable the libel was, the more
reason there was for proceeding by an action for damages,
instead of proceeding by this useless mode of proceeding,
which could bring neither the truth or falsehood of the
matter in issue—a mode which would expose him to the ge •
n-ral derison of his friends and to the triumphant scorn of
his enemies.

Sir C. WETHEAFLL then rose for the purpose of making
a few observations in answer to what had fallen from his
Learned Friend. It was impossible for hint not to notice.
Lord TENTERDES-The Court considers, Sir Charles,
that nothing has been offered to it which at all justifies the
libel. The rule, therefore, must be made absolute.
Sir C. WETIIEREI L. observed, that his Learned Friend,
who had spoken last, bad stated that the present proceed-
ing could not go on consistently with the dignity and cha-
racter 03 his Royal Highness. Now, in his opinion, if hie
Royal Highness was not to proceed with it, the high sta-
tion he held would he tarnished, and he would lose the
dignity of his chasacter as a Royal Duke and as a gentle-
man ; but by proceeding with it, his dignity, if possible,
was increased, and his determination therein to put a stop
to such infamous libels as the present. His Learned Friend
bad said that degradation would be the consequence of
going on with it ; to his (Sir C. W.'s) mind it was per-
fectly elear that degradation would be the result of not
going on with it. It had also been said that the proceed-
ing further with this prosecution would be the means of
increasing such libels; that was a complete falacy, for he
(Sir C. W.) did not believe that a British public would
persevere in such atrocious and scandalous calumnies when
they fully examined the facts on which the present infor-
mation was founded. His Learned Friend had concluded
his address to the Court with that which his ingenuity had
disguised, but which he (Sir C. W.) must say was a threat,
that if his Royal Highness dared, as a Prince of the House
of Brunswick, to come into a Court of Justice to claim that
which the lowest subject of the country was entitled to,
that his dignity as a Prince would be let down, anti that
he would merit and obtain an accumulated load of ca-
lumny, insult, and reproach. He must tell his friend that
the Counsel for his Royal Highness thought differently.
His Royal Highness, acting under that advice, instead of
calling, as he might have done, as a Prince of the Royal
blood, upon the Attorney-General to proceed against the
parties by ex-officio information, had treated this case as a
private individual, and hail come into that Court, and
claimed from the administrators of justice of the country
the same protection for his character as was given to the
lowest of the King's subjects. That course his Royal
Highness had been advised by his Counsel to take, and that
course he had adopted.
Lord TENTPRDF.N—Sir Charles Wetherell, the Gout
has before intimated that it saw no reason fur pursuing a
different course in this case to what it does in others.
The rule tnust he made absolute, for nothing has been
offered in justification of the libel. As to the summoning
of the Jury, that was a subject over which his Royal
Highness could have no controul.
Sir C. WEEHERELL bowed to the decision of the Court,
but he trusted their Lordships would pardon him if he
made some further observations. The defendants, under
toe cover of showing cause against making the rule abso-
lute, had aggravated the libel, and had held out threats to
to his Royal Highness.

"•• nt..pevpd that the observations
he had made were not intended to convey any threat to-
wards his Royal Highness.
Sir C. WETHERELL knew perfectly well that his
Learned Friend had no intention of doing it, he did not
charge him with it, hut the persons who had put in his
hind the affidavit which had been read, hid done it.
They bad thrown out a threat, that if his Royal Highness
attempted to continue these proceedings that his dignity
would be degraded, and that he would obtain an addi-
tional load of calumny, insult, and reproach. He (Sir C.
W.), on the part of his Royal Highness, treated that threat
with ineffable contempt, and he would tell those who had
instructed his Learned Friend, that that threat would have
no effect whatever in deterring his Royal Highness, who
had as high a spirit as any Member of the House of Bruns-
wick, from carrying these proceedings to the extent the
law allowed. Those who interfered to intimidate the
Duke of Cumberland, or any branch of the House of
Brunswick, by such base, miserable, and contemptible
threats, would find that courage was not wanting in any
Member of that Royal House to bring a libeller lika the
present to the punishment that he deserved, and that by
doing so it would not. And by accumulating upon him
base and miserable libels, they would find that his Royal
Highness had courage enough to dring such libellers to
the bar of that Court, and to visit upon them the full
punishment which every subject had a right to require.
Lord TENTERDEN-The rule must be made absolute.

THE LONDON GAZETTE

THIS EVENING.

WHITEHALL, APRIL 29.
The King has been pleased to constitute and appoint the Right
Honourable Robert Montgomery Lord Belhaven to be his Ma-
jesty's High Commissioner to the General Assembly of the
Church of Scotland.

DECLARATIONS OF INSOLVENCY.
WILLIAM MOLD, Walsall, Staffordshire, saddlers'-iron-
monger.
WILLIAM M‘CAPIN, Belfast, provision.mercuant.
WILLIAM GRANT, Jermyn...street, St. James's, uphol-
sterer.