The Sun.
London, England, 1844-01-23 00:00:00

SPIRIT of the PUBLIC JOURNALS.

PR,:`,7. Will EVENING PAPERS OF YESTERDAY.
LOBE.—The Irish State Trials continue to progress at
the same snail-like pace which marked their commencement,
and of which the heavy, lumbering opening speech of the At-
torney-General was an appropriate precursor. The whole of
Friday was taken up by the cross-examination of Mr. Charle
Ross, a well-paid agent of the Ministry. This gentleman, by
his own account, undertook the special mission of a Govern-
ment spy ; while he, most impartially, acted as the corres-
pondent of the Morning Chronicle, and received payment
for his communications at the regular rate. He also
transmitted similar communications to the Standard !
Whether the matter transmitted to the latter journal was in-
cluded in the sum Mr. Ross received from the Treasury, or
was a separate item in the list of solid advantages he derived
from his special commission, does not appear. We hope,
for the honour of the press, that few of its members would
have consented to act in this treble capacity. The
exhibition which Mr. Ross made in the Court of Queen's
Bench, Dublin, on Friday, will, we trust, operate as a
caution rather than as encouragement to the profession—
a beacon to warn, rather than as a precedent to be
acted upon, under similar circumstances, in time to
come. Saturday was consumed to little purpose. But one
witness of any moment was examined. This gentleman was a
correspondent of the Morning Herald, rather than a reporter—
of the art of reporting, strictly speaking, he seems to have
known little er nothing. He was rather a collector of scraps
of information ; which to use his own expression, he dressed
up with the aid of fiction, for the amusement of " Mob," whose
credulity induced them to swallow the creations of his fancy as
veritable facts. This industrious, but not very accurate
chronicler, was employed by the Herald to inform the
public, through its columns, of what was passing in the
repeal meetings at the Co n Exchange ; and, in due
sourse, was pounced upon as an important witness by
the law officers of the Crown, whose evidence would
assist the Government in its crusade against O'Connell and
Repeal. Small assistance did Mr. Jackson give the prosecu-
tion l The admission he was compelled to make—first, of his
own incapacity to report with any:hing approaching to accu-
racy—secondly, that the greater part of his communications
to the Herald was thrived from the short-hand notes of others,
or from the printed reports of the Dublin journals—rendered
his evidence of no advantage to the prosecution, while, in many
particulars, it materially served the defendants, One circum-
stance deserves to be mentioned to Mr. Jackson's honour—he
seemed heartily ashamed of his p) ition in the Court. Before
he left the table lie requested pormi,sion to make one remark,
as essential to.4sic Oien " character before the world."
STANDARD.--We have expressed our determination to
abstain from all comment on the evidence given on the Irish
trials, and great as is the temptation which the indecent Whig
press in regard to it would seem to offer to us to deviate from
such a resolution, we have neither the intention nor disVosition
so to do. We cannot, however, refrain from deprecating the
atrocious attempts which are making in and out of Court
to retard the ends of justice, and the insolent dicta-
tion of certain Roman Catholics of Dublin, who have met to
denounce the composition of the jury as an insult to " all the
Roman Catholics of Ireland." The conduct of these persons
has, however, been completely out-Heroded by the Morning
Chronicle, which, not content with ridiculing the infirmities
and ailments of such members of the jury as attempted to get
excused on their account, hinted very significantly to the coun-
sel to the traversers, that if they can manage to protract the pro-
ceedings some five or six weeks, they may hope to break
down the energies of some one or other of that body. A few
days ago we were told by this abstinent observer of the pro-
ceedings, that the Law Officers were about to swear in their
packed jury, and on the ensuing day it endeavours to inti-
midate that jury, assuring them that they are not merely
trying Mr. O'Gsnnell, and the other traversers, but the
whole country !—and there is no alternative but a
compromise or civil war ; and if the jury do their duty, the
result " must discredit jury trial altogether, and with it our
whole system of legal jurisprudence." The daily recurrence
of these libels on these gentlemen, increasing as they do,
would lead to the belief that the Repeal conspirators have little
to expect from; the merits of their case, and look to every
stage of the prosecution as confirming them more and more
in this impression. The Morning Chronicle, aware of its
deviation from all ordinary usage in such cases, and that
after having been the foremost to deprecate any comment on
the evidence during the progress, has been compelled to
attempt its justification by charging the impropriety of
which it has been guilty on the Conservative press, and whilst
it abstains, however, from specifying the name of any particu-
lar journal being justly chargeable with such an indecorum,
has the hardihood to declare that it will abandon the course
which it had prescribed for itself, and of which " decency and
justice" alike presetibe the observance.

LAW INTELLIGENCE.
COURT OF CHANCERY, Jan. 22.
IN RE SOMBRE, A LUNATIC.
A verdict of lunacy was some time since returned
against Mr. Dyce Sombre, but before proceedings
were taken to appoint a Committee, the lunatic 'eft
England.
Mr. WALPOLE, on the part of a solicitor of the
family, now moved on a petition for the inspection of
certain documents, at present in the custody of the
Commissioner in Lunacy.
The LORD CHANCELLOR said it was impossible to
make such an order in the present state of circum-
stances. The omission to appoint a committee was
much to be regretted, for it deprived the lunatic of
any legal representative, and the Court had no power
to direct the Commissioner to deliver up or grant an
inspection of any document in his custody.
SELBY V. JACKSON.
The plaintiff, who sues in forma pauperis, filed a
bill to set aside a deed by which he empowered the
defendants, his brothers-►n-law, to manage his busi-
ness, as a wine merchant, during his confinement
under temporary insanity. The allegation in the bill
was, that the plaintiff executed the deed under con-
straint, and without being fully aware of its contents.
The Master of the Rolls dismissed the bill, being of
opinion, as the defendants stated in their answer, that
the plaintiff was fully aware of the nature of the deed,
fully competent to execute it, and that what had been
done was the best that could be done under the pecu-
liar circumstances of the case.
Mr. SELBY argued his case to-day for several
hours, and contended that the deed was executed in a
madhouse on compulsion ; that his property under it
had been much mismanaged, and that the defendants
were now bound to account.
At four o'clock the further hearing was postponed
;0-morrow.

VICE-CHANCELLORS' COURT.
(Before Sir L. SIIADWELL).
LORD JOHN BERESFORD V. TH E ARCHBISHOP OF
ARMAGH AND OTHERS.
The further arguments of counsel in this case were
resumed this morning on the point raised by the
plaintiffs on further directions—namely, the right of
the personal representatives of the late Lord Waterford
to have his personal estate now recouped by the pre-
sent Marquis of Waterford, out of the rents and
profits of the Londonderry estates, to the extent of
the principal sums, with interest at 6 per cent., ad-
vanced by the late Lord Waterford in his lifetime out
of his own proper moneys, to pay off certain incum-
brances and debts upon the family estates. The claim
now made by the plaintiffs, who represent all the
younger children of the late Lord Waterford,
amounts, including principal and interest since 1826,
the period since that nobleman's death, to no less a
sum than 90,0001.
Mr. STUART replied on behalf of the plaintiffs. He
insisted that by the will of George Marquis of
Waterford, who died in the year 1800, all his debts
were charged on the Londonderry estates, as the
primary fund for payment, and that a mortgage and
sale of those estates were directed by the will to be
made, in order to pay off the amount of those debts.
The Master had reported that the amount of those
debts, at the time of the death of Marquis George,
was 115,0001. ; and that by payments made by the late
Marquis Henry, to whom the estates were devised by
Marquis George's will, as tenant for life, the amount
of the debts was reduced to about 51,0001. The
amount so paid off, in respect of the principal money
due for those incumbrances, was a debt due to the
personal estate of the late Marquis, and for which he
must have a charge on the Londonderry estates, so' as
to stand against those estates with the same rights as
the creditors whom he had paid off. The argument
on behalf of the present Marquis, who was tenant in
tail of these estates, was that, by a deed executed in
Ireland in 1822, the late Marquis Henry, the tenant
for life, had agreed to give up the right which he
had to stand in the place of the other creditors whom
he had paid off. That argument could not stand ; first,
because the unreserved purpose of that deed, as recited
in it, was to keep alive his. claim against the London-
derry estates ; secondly, because it provided that the
claim was to extend to all such debts which might be
paid by Marquis Henry as were charged on the estate
by the will. The only doubt which could be raised
as to the construction of the deed of 1822, was from
an inaccurate use of the words " rents and profits," in
such a manner as to make it appear that Marquis
Henry considered that the whole rents and profits of
the Londonderry estates during his life were to be
applied not merely to keep down the interest on the
debts and mortgages, but also to pay the principal
money due upon them. There was not a doubt that
under the will of Marquis George, the late Marquis
Henry was entitled to all the rents and profits as
tenant for life, subject only to his paying thereout
the interest on the mortgage and other debts. What
the intention of the deed of 1822 was, then, there
could therefore be no doubt. The amount, therefore,
which the executors of the late Marquis Henry claimed
to charge against the Londonderry estates, with inte-
rest since 1826, was about 90,0001.
The VICE-CILANCELLOR proceeded to give judgment
upon this important question. His Honour said that,
as he understood the case, it really came to this, whe-
ther on the will of George Marquis of -Waterford and
the deed of 1822, taken together, it was to be con-
sidered that the late Marquis Henry was originally
placed under an obligation, or that he had put him-
self under an obligation, to apply what his Honour
might call the surplus rents, that was, such as should
remain after the current charges which must have
been paid with interest and so on—whether the sur-
plus rents were to be applied to the liquidation of
what he might call the capital sums ? That was the
point. Now, it really appeared to his honour that
no such construction would be allowed .by this Court
on the will of the Marquis George; and the utmost
effect which could be given to the words with
regard to the rents and profits was this, that
they would be applicable to keep down the prin-
cipal if necessary, and, in short, it left the
thing precisely as it would have been. There would
merely have been a charge of debts and legacies, in
the simplest form, on the Londonderry estates ; and
then, with respect to the deed of 1822, it really ap-
peared to his Honour that if there had been a bill filed
for the purpose of carrying into execution the trusts
of that deed, and it had been insisted on by those who
filed the bill that the construction to be given to it was
such as was now contended for, the Court, in con-
sidering that question, must take the whole of the in-
strument together, and taking the whole of it together,
no such construction could, in his Honour's opinion,
be made out of it ; and although his Honour admitted
that there were very foolish and blundering words
in the deed (it was drawn in Ireland), in that
part of that thing which was the witnessing
part of it, just after the habendum, yet it ap-
peared to him that such a construction as that
contended for by the present Marquis's counsel
was utterly inconsistent with the plain intention ap-
pearing on the recital ; and his Honour also thought
it utterly inconsistent with those latter words at the
end of the deed ; and it therefore appeared to his
Honour, that it would be a great surprise and a la-
mentable calamity on this noble family, if any other
mode of dealing with it were allowed. His Honour
should, therefore, declare, that the executors cf the
late Marquis Henry were entitled to have a lien upon
the rents and profits of the Londonderry estates, to
the extent of the principal of the incumbrances and
lebts paid off the family estates by the late Marquis
Henry in his lifetime.
The result' of this decision is to add a sum of above
90,0001. to the personal estate of the late Marquis,
which is divisible for the benefit of his younger
e
children.

COURT OF QUEEN'S BENCH, Jan. 22.
QUEEN V. SCOTTON.
At the Summer Assizes last year the defendant
was indicted fur perjury in a case under the game-
laws, and was convicted. On the 22d of November
last Mr. Sergeant Talfourd obtained a rule to show
cause why the verdict should not he set aside, and a
new trial had, or that the verdict should be entered
for the defendant. The ground of the application was
that the information with respect to which the de-
fendant was indicted was not in accordance with the
Act of Parliament, which provides that in cases of
tresspass under the game-laws, the information with
respect to it should be given by one person to the
magistrates and deposed to on oath by another. The
defendant was indicted for perjury upon the informa-
tion given by him of the trespass and poaching, but
no depositions upon oath were taken, and it was con-
tended that as this was contrary to the terms of the
Act of Parliament, no indictment for perjury could
be maintained. The verification of the information
by the Magistrate, Maior Chetwynd, was in Court,
but no depositions upon oath.
Mr. IVhateley and another Learned Gentleman, to-
day showed cause against the rule.
The COURT held that as the terms of the Act of
Parliament had not been complied with, the objection
on the part of the defendant was a good one:
Rule, consequently, made absolute.

COURT OF COMMON PLEAS, Jute. 22.
(Sittings in Banco.)
BURGESS V. BOELEFEUR AND ANOTHER.
This was an action brought by an inhabitant of
the parish of Paddington against the overseers to re-
cover the amount of the expenses incurred by the
plaintiff, in the successful prosecution of nine houses
of ill-fame within the parish. The case was recently
heard at Westminster Sessions before Mr. Justice
Coltman, and the jury found for the plaintiff in the
amount of damages claimed, namely 601.
Mr. Sergeant BOMPAS this day obtained a rule nisi
for a new trial, on the ground that the verdict was
against evidence.
The Court was occupied the rest of the day in
hearing motions of distringas, and
Ford a rulenisi
which was granter! in the ease of e and Cass,
which was of no interest.