The Sun.
London, England, 1850-01-11 00:00:00

LAW INTELLIGENCE.

CHANCERY.—(THIS DAY.) rd
This being the first day of Hilary Term, the
Chancellor sat in the Old Hall, Lincoln's Inn, hortlf afletl
ten o'clock. There was no ceremony of the judgi,-1
breakfasting with his Lordship, recent regulations
the benefit of the public and for saving time having
!
an end to it, except in the case of the first day of
chaelmas Term. The Lord Chancellor, on taking P/of
seat, proceeded to hear appeal n‘otions, and the Cas6
Whitworth v. Wh3ddon occupied the Court the Wl3°'
morning.

ROLLS' COURT.—(THIS DAY.) j,
This was the first day of Hilary Term, and his 10t,0
ship, under the Lew regulations, sat in his court in to
Rolls-yard, Chancery lane, and heard motions. 7,e,
case of any interest came before his Lordship during
morning.

VICE-CHANCERY.-(THIS
The Vice. Chancellor of England sat in his court to
Lincoln's Inn to day, for the first time since the Oat;
mas recess. His Honour heard motions, it being tm
first day of Hilary Term, but no case calling for s
titular report came before him during the morning.
(Before the Vice-Chancellor KNIGHT BRUCE ) ‘,/
His Honour heard motions, this being thy first OE
Hilary Term.
(Before the Vice-Chancellor Wicium.) ~„
His Honour the Vice-Chancellor Wigrarn, after al.,
posing of the case of " Re Spackman," which stood II
the paper for judgment, proceeded to hear motions, b,IL
nothing calling for a special report came before P'"
Honour.

QUEEN'S BENCH.—(THIS DAY')
Mr. Justice Patteson, Mr. Justice Coleridge, and fit'
Justice Wightman took their seats on the bench shortly
after ten o'clock.
ABSENCE OF LORD DENMAN.
Mr.JusticePArrxsosr, addressing the Bar, said he 141!
hoo
sorry to say that at the beginning of the term they —••
not the satisfaction of the presence of Lord Denman, sI
ha fully expeeted they would; but his Lordship's absens°:
arose from the alarming illness of Lady Denman'
Derbyshire. Ile was happy to say that the health °
her Ladyship had improved though not sufficiently l°1:i
permit Lord Denman's absence. His Lordship if Id
obliged to stay, but his absence from the Court 1013,,,
not be of long duration. They would soon have t'
pleasure of seeing his Lordship.
The whole Bar rose and bowed to the Court.
CRIMINAL INFORMATION AGAINST THE "MORNING rob°'

THE QUEEN OF PORTUGAL AND COUNT DE TROIKAS'
COUNT DE TNOMAN V. LONG AND CROMPTON.
Sir FREDERICK TIIESIOBR said he had to move for
rule calling upon the defendants, the printers and Pub;
fishers of the Morning Post newspaper, to show o'l%
why a criminal information should not be filed egsillhs,
them for the publication of a libel reflecting 0°
Prim
character of Count de Thomar, the present Fri%
Minister of Portugal, and which indirectly reflected °I
the Queen of Portugal herself. In the course of la°
year the Count de Thomar was, by a royal decree, 00;
pointed to the offices of Prime Minister, Secretor,' of
State for the Home Department, and President
the Council of Ministers of the Crown. ll° m13,1:0
previously held very high and important 0'',703
in the State, having been at a former Per,,,s,
Secretary of State for the Department of Justle-he
and also previously Secretar of State for `o
Borne Department. In the distryacted and divided ott'y
of that country, torn, as it had been, so long ;0-0
factions, it wus hardly to be expected that in the positli.o
in which Count do Thomas was placed that
should altogether escape calumny. Reports for eepoi
time wero industriously circulated against his Peri°

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tbaracter. He had, however, an oppe-tu! ity in his
Place in the Soave of confrontieg hts
hely den yng the truth ~ harg a ..,;,11n,t hint—of
Challenging them to prove th- M —but they clunk away,
abashed and ail. need, Atter this C,-,11,1.:C1nv, proof of the
tiler groundlessness of the charg, a preterred against
him Count de Thorear might well heve expected that he
would he permitted to carry '.ll the Governor 'et witnout
being exposed to the repetition of simdar attacks. But
in the mouth of October ls•t his attention was called
• to the article in question, in which all the slanders against
him were revived and renewed in a much more formid-
able shape. The opinion which was entertained in foreign
countries of the freedom and impartiality of the English
press gave an extraordinary weight and force to every
thing that appeared in the colu'ens of an English
Journal. It is not supposed that it could be pos•iele that
private malice could tied vent through these channels,
P and certainly what they contain was supposed to be the
impartial and disinterested expression of enligntened
Public opinion. It was quire imp ssible, therefore, for
the Count de Thomar to all et to despise or disregard
attacks from such a quarter and to hope to be able to
carry on the Governmeet a,lventageously to the country
and with the support of public 'pinion. He had, there-
fore, felt it to be his duty to his Sovereign, to his coun-
try, and to himself, to appeal for protection to the Bri-
tish laws. And he was per.ectly satisfied that if' his
cause be just, he may tearlessly confide it to the tree,
upright, and impartial ariministration of British justice.
lhe article in qu,stion professed to be a letter
from the correspondents of the newspaper at Lisbon,
and was published under the signature of "Fabricius."
It as,utn.d to give an acc.nuit of the circumstances under
which the Count was elevated to power, and the manner
4. in which he had amassed his large fortune. The letter
,Was prefaced by the remark that the subjoined letter had
been received through a well-known channel, adding that
theh Paper could not vouch for the accuracy of the state-
ments put forth except so far as the fact that
It Member of the Cabral family had been again appointed
'Minister. The letter which was next introduced, after
stllling the circumstances which had led to a change of
Ministers in Portugal, proceeded to state—"l wish to
tontribute as much as lies in my power that you may be
enabled to persist in stigmatizing the immorality of such
Choice, springing, as it does, from an abject Court in-
trigue, '
by sending you curious information I possess
respecting that notorious statesman Count de Thomar,
i,t4ally astonishes me how so impolitic a choice could
:411.0 been made ; the choice of such a discreditable man
to form a Ministry, unless credence be given to the
general rumours, which possess some appearance of
tt
,_reth. about the late conduct of a high .personage
'4wards this low patriot." Now this was an abomi-
nable and shameful imputation; but it went on—" a cir-
Mstance by which he well knew how to profit, and by
which he has attained influence and power." The
bCount was, of course, very unwilling to introduce her
eji-sty's name into these proceedings, but he felt it to
his duty to state that there was not the slightest
,nundation for the scandalous imputation conveyed
ehi. this letter. He solemnly denied that his being
P;ZerlietyMinister was procured or influenced by im-
of any kind whatever, either on the
trt of her Majesty, nor did it arise out of any intrigue
ittsveen herself and the Queen of Portugal. He, in
?11, solemnly denied that he was ever guilty of any
itit or immoral conduct towards her Majesty, or of
Theconduct unbecoming that of a faithful, loving subject.
letter then went on to charge the Count, in the
r iVet distinct aad unequivocal terms, with having oh-
-4114,1;ed the large sum of 158,0001. by the most corrupt
di:l,, immoral practices. This was most solemnly and
th:tinctly denied on the part of the Count. He stated
it Was wilfully and entirely false. The letter then
went
k. on to charge the Count and his brother with
whin!? received a sum of money from a gas company,
ord had paid a large sum for the patents, honours,
f. aeerer and titles which he bad conferred upon it, and
ofoounted for his possessing 30,0001. in the Bank
to „laglalld, and 8,000/, in the Bank of Portugal,
eeiswe Pursuit of
broadly practices since
da-
-1802.
d. the distinctly
ke.. A. sum of money was received by the Govern-
-14 for the privileges conferred on the company, a
pr
poectioo which was in strict conformity with the laws of
delrfugal, but that the whole of the money so paid was
ot accounted for by the Government. The Count
obtrestlY declared no part of his fortune or estates was
ii_tkined by fraudulent or improper means, but by
tu:nast and honourable industry. Under these circum-
et the" it was inepo'ssible to doubt the serious character
The e imputations contained in the libel he had read.
eil„„
e" Moat unequivocal denial was given to all the
....
th4r. Justice PATTESON inquired if it appeared when
es Publication first attracted the notice of the Count?
THESIGER replied in October. The paper in
,Ition was published in September, but owing to the
Lure of the communications between this country and
tkertligal, delay had necessarily taken place. In fact
or affidavits were not obtained until the very last day
the last term, and he had come to the court at the
grhest day that presented itself.
M. Justice PATTF.SoN--Take a rule.
Application granted accordingly.

This DAY.)
xhis being the first day of Hilary Term, the Court
t;4t shortly before eleven o'clock, and heard several mo
o,Ptis for new trials, but they did not possess any feature
sseneral interest.
4,11 e Judges were the Lord Chief Bar, Mr. Baron
atg) Mr. Baron Alderson, and Mr. Baronon Platt.

'AIL COURT.—(THIS DAY.)
(Br fore Mr. Justice ERLE.)

PRATT v. TREADWELL.
kr m
kr..4 Itl.i.oa was instructed to move, on behalf of
this 'cella, for a rule to show cause why the award in
aside, on the ground of ir-
retitwas.e should not be set
e4e:trifofriY-of Mr. Treadwell was the contractor for the
cod ti, . a certain portion of the Oxford, Worcester,
.as
it hu.,,t oiverhampton Railway ; and, Mr. Pratt,_who w
Tr, oder, residing at Birmingham, made a tender to Mr.
144.4-ell for the execution of the part of the works
of !pea
within the pariiih of Stoke Prior, In the county
Nil:Wee:l4z which was accepted by Mr.
fra:l',lginal design for the execution of these wOrhkesewxaes.
otitZ€Q, upon the supposition that they were to
was
4ot ' 11:1 brick, but, for some reason or other, which
etit,fliselosed, the works were, in fact.,. exe_n-
thi-"„.;a stone. Now, by a rule of practice
thei
ori:;„—',Lway, and on all other railways, when!vebrriek
kia7,,,111 Plan contained a.design to be executed in
the elle was substituted, it becamenecessary to increase
bid Ituelasions of the work by one-eighth, and a dispute
that !tisea between Mr. Pratt and Mr. Teadwell as to
kai increase in these' articular works. Mr. Teadwell
ot:tlined that he ought not to pay for the increased
thelißbal, but according to the original dimensions ofof
17 51 1t s; and while Mr. Pratt claimed a balance o
iiilvu'l,,,c.ar. Treadwell contended that the balance did not
Oilrtli—` to more than 31. In this state of thinstohne
thet-,,e! agreed to refer the dispute to arbitration, and . _
kh th of 1 October the arbitrators, Messrs. Smith
-.al)
ie last
,lit tb:r,wdog, with Mr. Boddington for their umpire, met
he
'444: '/ourge Hotel in Droitwich, and went into t
ett,,,:"1% The arbitration sat till five o'clockin te
tthilt`bg. mud ultimately it closed with the understandingdue to
rt ttlfere was a balance of 31. and upwards o Mr.
4.Cirit-' who then returned to his home in Birmingham.
.
I%4ll:lately for him, however, his solicitor
adedteromnineend.
teri: ton:mining in Droitwich for the night, n
be
was
ilirng the George Hotel about eight o'clock
li.
tjtelsed at observing Mr. Pumfrey, Treadwell's. shoad
trev..stefte out of the room where the arbitration
!ears 1111 Y been held. About ten o'clock, sometwo
osiel Iffterwards, he determined upon entering. the
tile I,' 411 d oft going in he found the two arbitrators and
%.titifllie seated round a table, and a Mr. I attison
tot ,p, the menacing clerk of Treadwell, engaged in the
kee,,ii; reeking out the accounts between the. panics.e
,llit,tig.ouniewhat interested in what was going on, he
'404 nfu the room for a short while, and at length Pa
Nu N•urtiti jumped up, and, slapping the table with
CNpi,„.. ,foree', exclaimed, " The award is ours, Pratt is
d
tti4;l4 40 Mr. Pratt's solicitor a- lemoly protested
°lite!' tail strange mode of proceeding, when
. be
twhat
till,);.A.,,,,yibt:tl:ierbybeMr. Dowling, one of the arbitrators. 1
quiet, for it he did not, be (Mr. Dow •
ttlemltti authority in he room, and he would exercise
bt.4 eerdering the; waiters to turn him out it he did net
4 ..art. smithelf; then, turning to the other arbitrator, said
i
,„, do
net recognioe that aceount?' ,
teat tlut erigrom nervous sickness, and incom-
lithj,et with decision, said he did; when Mr. Dowling
.
,tf3r, trnlt't''ivelY directed Mr. Pumfrey, Treadwell's solicit-
Z"tild; Make" out the award at once. This, however,
ley -:t be done in a moment, and therefore Mr. Purn-
hi4a (Ito': ;op a memorandum stating that Pratt was
1041,blit— 'to Treadwell'
in the sum of 41., which Mr.
tke,„,i"g Bigned, and then directed Mr. Smith to do
l•Nire,,,l: whieh he did. Subsequently, on the 13th of
est tuber. the arbitrators published their award, di-
klgether tract to pay the sum of 41. 13s. 6d. to Treadwell,
snzev •-- wtta the costs and charges of the reference.
1,11 it wu
quite l that this siw,,rd had been irregu-
t tie Itifined
d ; t inasmuch as at the outset of the dispute
Pearl'lB4,l4l,l4fod by Treadwell that he vas indebted to
11 to -h" fiutil of 3/., while the arbitration was sup-
(74ned,-,ilt,_ closed at five o'clock on the day already
;ottiktert; ti-ralf the result that that amount was really due,
a would not have returned home; and it was
to
he seciet",:s4;,herefOre, on his behalf that the award ought
tilted. "''"e, and the matter in dispute further inves-
ilk j
halo Zike ERLE granted a rule to show cause.
accordingly
thekr rr IN RE DACITT.
e.th,'IDRL,./. applied to the Court for leave to change
ItIPPlie;;;" °L an attorney of the court in th, roll. The
04Llaiteittl cation, he said,'
had- been made to Mr. Justice Wil-
ti uta ambers, who had referred the point to the
4:4 couiwbut the Masters were of opinion that the altera-
b ow . no.t De made without the gentleman for whom
2 rovolPhed obtained permission to change his name
-Teleii -- letters patent. He moved upon an affidavit
kitttdilteted that Mr. William Dagitt Ingledew was ad-
-1%4 Ills
attorney 'of this court on the 6th of July,
„11 attar father, Mr. Henry Ingledew, who was also
;libel tleY, married the heir-at-law of a gentleman
r ~..',lgitt- This lady died in December last, and
litoolie -Ttil a ..
by directed that her eldest son, the present
lyr hith44ht; sad adopt her ancestral name of Dagitt,
royal 1 . "td done without going to the expense of
co patent or an Act of Parliament. It was
esstm. 'd bY him and his advisers that none we're ne-
thet
ItY, since it had been laid down by Lord Tenderton
%tillthoutlaerttts blight adopt whatever surname he chose
td, th letter patent or an Act of Parliament, adding
Ilbo e:r4 instruments were only obtained by persons
world,
change of name more
ittlktetr!jilisittainticoxewinutOthniake
Entas weasw;wrar:e that the Courts bad
.laid_
'slidAl tis°oll;7le laismaitarutiloen.but he thought it was accompanied
Nil ÜbtLL bald the only limitation was that a party
liidest"Vteal_ft r.'llia. name for fraudulent purposes. Bee
"IffaCtrity he had mentioned, it had been