The Sun.
London, England, 1826-05-09 00:00:00

LAW INTELLIGENCE.

ROUSE OF LORDS, (Tills DAY.)
WHY:ELEA V. W 1121111.301..
was an appeal from a Decree in the Court of Chancert
Ireland. It iuvolved property to a considerable amount, but poi-
sessed no public. interest. The Lord. Chancellor affirmed tbe
Decree.

COURT OF KINGS BENCH.-_(Tarsi)ay.)
wn.i.is a. cuttnnz.
This wail an action to recover damage* fur an assault. Mr.
PLATT opened thnpleadings, and, Mr. St;atturer mood the Awe,' .
It appeared that the plaintiffand two others were taking 'nate
cursion into the country, on Sunday the 17th of April, 105,
and having mistaken their way, they trespassed, near Tottenham,
on the defendant'. grouYids, wlto,. liavino come, in contact, witk-
them, threw the plaintiff into the New River, along whose banks
theY•happenell to be walking. .

Mr. 6, RN X Y and the CAMMON SILIWZANT addreosed the Jury'
For the defendant,

The LOX') ClligF Jvatca said, that the plaintiff was entishof
to s verdict; for, though he had been trespassing, yet that did not
justify the conduct of the defendant.

The Jury returned a verdict for the plaintiff—D=4mi 201.
Haim', V. HOLLEY..

This was an action for work and labour done by the plaintik
as a surveyor, in valuing lauds belonging to the defendant. k.
appeared that the plaintiff• hat
_been engaged' by a person who
wanted to• lend money on the security: of the lands, and that the
mortage bad not been completed,
The plaintiff was therefore nonsuited,, •

COURT OF COMMON PLBAS-..(Tars DAT.)
SAIMADI V. TOOVRY.
This Was an action .aent down from the Vice-Chatmencles
Court, to try whether an actof bankruptcy bark eonumittisl
by the plaintiff and if -the defendant was hi ik
peared that ‘he parties:hod.csrried on business in partnendripoaa,,i7
eshilkterniker4 and .groOnls At Bristols 4114.-that defendant hatki aye l;
toed but "au. 413 pittNikroptri Aping, k.l* 04:
The sAry,returfled.st verdict for tbe•plain.tifiki yeA,:tno:., 1.6 "t pas
Citittv Juemit, evidently dilesatis6o witikftkil
eent thine back t reconsider it : he said it ougl,t not
uuryry
ei it little consideratim the Jury to4t2Eoed t11114411,,,M51414.-1:14
•

_. ,-• ~
,------ • ..;,,,iyliti-4 htuao tithi,i
....
poltrilT; t)1, 14:x piteg 1:1:11.--(Titik14144, tiCifel&
• ~ ,;
~.., Tux. 1145.0 . v., 4441441 't, ~), '; 7':4iiii,ft 3d',4. 01414
This was an information tiled to .r , er tb
AT. 4 !POI Cif 44iktIgtlittaar
being ',malty which, the defendaric itlCMlASJirall)oo4tri ~14ta.... a ftehing-boat at-Rochester, which hat been condennted for PigNiist,.,
yeying intuggled sillot.--Tbe record of oqggictionahotigAgotkat
produced in evident*, the Jury Itesitatelfi.tdi,,Aattirn it,oitintictivivt,,,
without some proof that the silks were fotsiglit4 .-;,•;1.4,,,0t:-,,ii 4,;,:..,pi-nt
The Cuter BARON said, . that , the record -44 flail% alwaylii44t -,th,
as conclusive evidence, and that the safe Viqty.
_.twougtOt IPA flfarlW_ tilaz''C
verdict fur the Crown, against whiChAltkOliter!do4t4a4l-hottevogo2l
remedy, if he be able to show that 034,414 tinitiot ktitigkothrleates,
as if the verdict should be for the defeiglant.oskogotgoofoinzdoit4l,l,,,x,
which the Jury might labour under, it.. woujil„kii-OecAlYet ..Oii,c.,;;:
he could not be tried twice for the same ‘,..4415at „di lo f.,;:.1,6ifi ..:44:: ut
The Jury, after considerable hesitatipt4,AlmOLKodifikfilAitt'ils c-t-
Crotvn. _. .
, • :.-. oe tt. ,b 0 flif64"," I.,Ad An:, i';

THE LATE MAJOR-GENERAL

•

4, ~,,I 1, e. .ht. ;..t
Major-General Charles TurnCrl, !B. tite, iip Poll' ,rf
General, and Governor-in-Chief,, of our SettlelP9Pui.,..- •
on the coast of Africa, whose death. we Impounded in,..- • •
our Paper of yesterday, was born in Scotland, arid '!.;
entered the Army at an early period of life:,
- .I.Je.;iirtqyi''.-,-i,
appointed Ensign of. the 2d loot on the 21StPqt,siberi,,..,
1705; Lieutenant in the same. PorPs, ititktQatgbetsuP
1797 ; Captain in the Royal African-Corpsf lan this,i....,
Bth June,. 1803 ; Major. in the 'll4at -'.NVertt''' . diti"':"
Rangers, the 18th Aptik;,lBo4i..,T.Sedt:-COM •
.9hil:::,
it
the 18th .4pri I, 1807 •;;g9:lorielt:ol44,64oi.jimf.,_ ifi, ,A )
And Major, G e tteral in,the Artsotnbofii 9ill ,Julyvlil2l,44 2.:
During ,the'Peninsular,. :vtiail , Irhileairtweo nut MI (f '44:1110f 4.
Paringtiese regimenti.he 110:44iL?1,t14ti:nnith.;#dif. ie11..*:.:4
extension' Of th,,.e.,t.).4t4!,, tqfj* iNAi!q#o,4,iv.o9/?4,14q19it'0 .3:
:of the :Oath, ..LipqnoPtSPAUlzo tfoiXp4f.country*ltie vv t:.
appointed one of the Inspectors of Army,,Clothingsin• z.;
which situation he filled • till 4tektsitititiii4 Gent rie
~.
'Officer, ..!
Upon the death of Sir (..'harles Mactutliy, he, wasit,
selected fur the. important situation nf Governor4:l6.4:,
ncral of our Afrieari igettlernenti turd wrocappointedipre
Colonel of the ltoyill African.porpi oh the lst July; --'7
1824: , He ininted4ttely prieoeded:te his ggverp,;,, .',
moot, and where. he. .perseve.rtngly exerted hinista,to _
acComplish vartowe objects for the.; general improve", _ ...;
Merit of the Colony!) the success of which, notwitl: w
strititheg the diftleukies.be had to encounter, has het"} i '
'qii
alike honotonlde to hiA, judgment and zeal. :
~„ ~
~'.,;'•
In a private letter now before to., the writer olvio.rviry,,,i4
" that, to a person who his lived in Africa, the taiguit,ilt
" and business the•GoverOor went throuict is quitelkill
" credible ; 'bia mind being never unbent, Otn„toci, Mgr!,
intense
" apphcation to,the duties w,stat4p,o, mitt,.,;
.1 was -his discharge of the more audible liztuesiofiiiifft
leas :nnrernitted, and his unwearied:esertiona'in invi,ir4
" inoting.the',bealth;',' and keeping Upi'tfic .. , 'l4' iiifPer'
" cliderfich*4 those aro un d hint ' '4144 .'.l. 'lik*L':
"of sita,u4talthy 'sawn, will be long arit grtittOtiov
t 4 folly remombscod.",Anotlat letter .from.: Sierruof.
Leone, datedzit.the-Bth M,rolto odity,betbrolue,,stattieo444l
that 'rdir'Onci#nitthig ex,(lrt4iO4. :Of,ltiS''''fttOtenq,4.;.'
,i front the 4 T14,1* tlA:4*4o,:gte.. C,AilifilitiA,,i tic, ',
" 'Colony, for Its tmprovewent. anti ~proaperAky, ,find,,,,,,,,
44 the trialstbatAtt-,endured, in the prosecution 0f5him441,.i..,
" are 211111640dd 'ed and felt titsit tit ';
andlhe loth "&t''*
~ ,;1...,,., , .
able AN ,
.. No 1911),48 011.1%,' AIM fi 9,(1/. ern Or"; eiuni4l'.4ll %1...
Of Proving o sertinis cOnaequence to the weltere..44, ,
etig
of thirtpolony, ~ . ~ , c.,... - - ''
The .ililss of such a man to. Sims ..Leone, and at
the' moment 'When' the measures' he had originated'
. .. . . . .
weic.,adyancing to*ards a successful issue, cannot ite -
too :it-pleb lainented, and we .fcar that it Will.he aurae' .:"
time ..,before:,,the Government will be . able to find ','
All othin" 'Officer , willing to. accept- the ' appointment; Who ..-....
will 'posieoo the seal, firmtiCsiti,poWer d- of exertion= an:...
talent, of 'Governor Turner, ",,. ,. , , ,I. • .

y.~ ~.

1 friends* /'ara otoottiit
.e_eengratu ate our Int,. co
,)a 4,„0
eti*eney Is.to.reinsin on its preont
Flaying strenutmsly ovposed any 4144444 m in dad
tste:m, we feel the grestso::o4isfactiott 4ii do deter-
inination of the Coun'tilft44,i;:lulSnrienneett to hfr,' , •
iiering's speech of last iiikhre;
IVlesican papers and letters,4tavet,437iVed to the. tith
Mareb, The Senate .posed
of the expedition ag,O.N,qt,enha, ankpitliort
. •
the Executive to carry it 'into effect„'
thousand men were ezected to be diaristehaa
expedition, Which is .o to be joined by ifte Colesitt.
him spladron. The Exchange was 60 to. lit.. 1%04)
Pramui was expected to sail froin" Otto:4W'
the 24th of March.

PUNCTUATION-113-One of the large tobeitil, *I
Enabled, a traveller passing a barber's shop, saw on the :r.
46 What do you think, I'll shave you for nothing.: antileen ye*
some drink." Ile immediately concluded "he's II drsokow knout ,t
I'll go in." Ike did so, and sat downtolw shaved. ,-„,tlstaktr the •
operation, he itiquiretl- into the state of trade, and wascansworeliv,
that it YAW rather flat. • Hit then adeertedin the •1144"," i* U.. •
window, and inquired if ha really acted •upowit,,aind thaw:4.ll6r •
nothing,' observing that he said am-- 41 Nei ' 161 V "P/414 'II*
barber, " people never reedit eight,," and • diewv,send it Aar kiwi t •
—" What) ! t • do you think, VII tilitive-iston•ftir ottaing‘ tool 0::'!.
YOU "Me drink ?" The treedierlenshed, heertilyi p 044 I" '
operetion, and commended his ingtmult,4l.l• '-
1 '4''. ' ' .'
-440 69,4 •
A Schoolmaster bought froAtEsia4.,m
rl 'h't
'o44', nianwHl...,
guinea*, a dog that wax stated to he iti , .., . •:,
wi if he wait not approved of, -, ~ ' , - ..•
,: • A ,„,.t•
a
master returned him to hie friend, '' • •A.,; ._ . .4 _ , • - ••t
found the dog understood *toiling of a‘,.,:,,,,
~ i ,
..„Au, t%
therefore, he rotund:taint taking 4140. .'l-•.,, ~, „. •

~ ~a

THE LONDON JOURNALS.

DAILY EXTRACTS FROM THE MORNLNO PAPERS,

MAY 9, 1826.

[THE TIDIES.]
We repeat,- with perfect confidence, our statement.
Of yesterday concerning the affairs bf Greece, and the
recent negociations at St. Petersbnigh. When the
Duke of Wellington, whose opinions with regard to
Greece had been-powerfully influeneed by the repre-
sentations and reasonings of Mr. Canning, opened
the 'subject of Greek independence to the Emperor
Nicholas and his Ministers, his Grace was not very
slow in discovering, that whatever difficulties he had
to apprehend Were to be looked for in a different
quarter. There appeared; as we have been: informed,
no great unwillingness on the part of Russia to give
up the exclusive management of the Greek cause, with'
the contingent prospects ofvprotectorship, and of
future ascendancy arispt'Offe of it, if England and
other Powers felt uneasy at the uses to which a Rus-
sian influence, thence obtained, might 'be 'converted.'
But it was not so with the second question. The
Emperor Nicholas would not hear of circumstances
between the Porte and himself,, which touched the
faith of treaties, and 'the honour of his crown, being
.considered as" European questions. .The Duke, was
told, that neither. the Government of Russia, nor the
army, nor the nation, would endure to he longer im-
posedupon by Turkey, or who restrained by Foreign
Powers from seeking redress in the only Way in which it
could now be held attainable ; that it had, been the:
'policy of Alexander just before his death,. to enforce'
the rights which had so long and so vainly been Sub=
mitted to amicable discussion with the Porte ; and that
he, the reigning Emperor, was resolved to tread in
his brother's footsteps. It was at the same time dg-.
clued by the Russian Government, in terms the most
decided and unqualified, that the' efforts of his Impe-
rial Majesty would be confined to
.an enforcement of
existing treaties; and:to a vindication of those rights
and. interests which the Turks had actually outraged.
It' we do not mistake, the simple and very reasonable
question was then put to the Court of- Russian--
« After you have fired the first shot, can 'you. answer
for being able to put an end to
.hostilities at any given
stage orluoment afterwards ?" The reply to which
. was nothing ;Wore; than, this We meanto act up to
the professions on which we justify our conduct; and if we
fail to do so,we are responsible to Lnglan d and tOEurope."
Now, there is no pretext for denying to Russia,
or any sovereign state, the universal privilege of re-
dressing her own wrongs. England, as we have be-
.. fore stated, was, morally speaking, a party to the peace
of Bucharest, through her Minister, by whose friendly
and well-timed offices it was negociated. Up, there-
fore, to the point of enforcing the stipulations of 'that
treaty, Russia has a just ground for expecting at
least forbearance on the part of England. flie
alarming branch of the subject lies beyond. Wars
commenced with one view, or defended on one pre-
text at the outset,.., are frequently continued after
the primary views have disappeared, and the original
pretexts have been abandonA Injuries received,
anal expense incurred through the prosecution of
redress by :war, lay the groundwork of demands-•-•
first for redress—next for indemnity—next for secu-
rity.' If indemnity cannot be produced in gold, an
equivalent may be found in d transfer of 'dominion ;
and an advanced frontier becomes the natural security,
both of the: new dominion and the old. Thus • the
successful belligerent presents ta different aspect to
other states, besides, that over %hid' she has been
victorious, and acts upon the general balance of
power with a fresh and more' formidable influence,-
Should Russia, then, .convert her triumphs over the
Turkish arms into the Means 'of territorial ag-
grandizement--=should the result of these approaching
hostilities .he the territorial aggrandizement of that
enormous pnwer, even by a single province now under
the sway of* TUrkey-r-should'she obtain a frontier more
contiguous to Constantinople, and with it the means
of bonging forward her military preparations, to a line
which would.-.sensibly fileilitate °her march against that
capital,,we see-not how Auitria, or England; could
look on, .while, such an engine' of future annoyance was
forging under cover of WI expulsion, of, the Infidels
tront,Europe, Let the' Subject, then, be, calMly con
sidered, and the contest vigilantly watched. More
than half the Austrian Monarchy would be encleSed in
'that of Itussiat
.were. the hitter Power to succeed in
realising.the project of Catherine.

[MORNING CIIIIONICLE:j
.Petitions were again presented last night to bpt
Houses,'from 'Corn Nercliantsiiind others, complain,
ing that they would be seriously injured by allowing
.the 713ondott Ccira to be' bronght into the. market, they
Ravin untdellOge purchases ott the fiiith of ,theas4er7
tion that such Cot n waS not to come into' ;'the 'market
year. Thcf:4 can be Ito questibn, We think, that the
Petitioners hive a well,founded
The: first duty of, a Government, no doubt, itt to Provide':
for .the -maintenance of thirtranquillity of the Country ;
',and' if that tranquillity should be threatened by the,
inability of the indUstrious classes ti.) purchase grain
at the market , price, the Government ought, not to'
hesitate setting free the Bonded Corn, and.removing
the restrictions on importation. A,statoneressity of
this imperious kind is paramount to every other ;consi-
deration. But we consider the throwing the. Bonded
Corn into the market. at present,. as neither more nor
it than a.seizure of the property Of 'the holders of
COrns to the. athount which they, may lose. by the
inc: Sure of GPvernment for the relict' of the existing
',4istresa. It 'l5 1 rOppr4liat all property should jhe made
tu.ccattribute to an.extgettcyof this nature ; :but we :do
• nQt. See why tin holders of corn should he 'singiCA out
fora peauliar Mae than that the boners. of
iity other connytydity It quite enough that thry.
contlibute their share of the burden. We hate all
w,,,J:ationary,meiisures, all attempts at transference pf.
,
Fopertylroni one class to another, or' from one rlass
to 'the community, by sweeping laws, It is hurtll)os-
si tic, in our Opinion, that property can' ever be held
too sacred ; for the respect. for property is at the bot-
tom of:every thing valuable ut sqciet.. , A merchant
tits. out a ship in Turkish port, with, the view of bring.
jog back a particular cargo,- and the Pacha or Aga, be-
f re the• return of the vessel; imposeS a particular
o'.
, 4Lty, with a View to reaeli-the expected Caro; and.
t hereby ruhis the merchant. `gym. care ,not
,whether
confiscatory measure be; the result of. :the order of a
Pacha, Oi4ll art of the' British Legislature ; the nature
of the' poWerfrOOthich the itct emanates cannot alter
plienature of that

EmogNING 1111tALD.]
' d'hougl; hezi, is au avitient tlisposition in some pet*
xonsf bothEin, and 011 t of Parliament, to depreciate the-
labours of Mr. Hunk, iir6 have no doubt but. that the
gain-111'i; at large, feels grateful to him fUr, his unceasing
and Quable efforts to cheek tlie abuses; and to sini-

plify and controul the national expenditure. There is
this manifest difference between Mr. Hume and every
other person who, within our recollection, has taken
a prominent lead in opposition—a circumstance which
may of itself, in no small degree, account for the
scantiness of the support which he sometimes receives
—that every other opposition, however laudable in
other respcts, has been instigated by a wish to turn
out the Ministers of the day, and to occupy their
places ; whereas Mr. Hume appears to have no ob-
ject of that kind ; and probably, though not without
ambition, seems to look for no higher reward than the
consciousness of doing right, and the reputation result-
ing from good intentions, which history cannot fail to
assign to any man. Without adopting implicitly all his
statements, or the inferences he deduces from them, we
think it due to him, as a faithful Representative of the
people, to' say, that his labours, during the whole of
the present Parliament, have displayed an earnestness
and indefatigableness of research, quite unparalleled in
our Parliamentary annals, and are such as justly en-
title him to the gratitude both of the present age and
of posterity. It is one of the misfortunes of the coun-
try to have fallen into an age of mediocrity of talent
among public men which is quite.appOling ; and there
are, those who do not hesitate to say, that there were
times when such a man as Mr. Hume would not have
been listened to in the House of Commons. Be this
as it may, the country is, at all events, compelled to
take public men such as it finds them ; and it is not
for those who, from indolence or bad education, fall
short of what their predecessors in their office. have
been, to undervalue or decry the talents and the
labours of one of whom they may rival, but can-
not put down. On his late motion on the State
of the Nation,. Mr. Hume appears to have displayed
a striking instance of that minute and laborious
effort, which, as was justly remarked by Mr. Brougham,
g, none but himself could have attempted ;" And
though it was not at all probable, or perhaps desir-
able, that such a string of Resolutions as his motion
embraced should have been at once adopted by the
House, the (Emission they gave rise to, and the ex-
tensive circulation they will obtain, will at least fur-
rash materials for thinking, which cannot be otherwise
then of great ultimate use and value to the country,
which has much more to fear from the mystery and de-
lusion which have long been connected with her
finances, than even from the amount itself of the debt.
It was to dispel this delusiOn, and to extirpate the
quackery resulting from it, that Mr. Hume 's efforts,
on the occasion we allude to, were principally directed.
Whether those who have thus far, navigated the ves-
sel through a smooth sea are best calculated to pre-
side at the helm in the rough weather we now are en-
countering, is a question we do not wish to agitate ;
but there can be no doubt, but that, be the pilot who
he may, he must bt, indebted to such men as, Mr.
Hume, who points out the intrkvu'ies of the channel,
and the rocks and quicksands which it was his duty to
avoid.

[ NEW TIMES.]
The intelligence from the manufacturing districts is
in one respect cheering. In consequence of the pre-
sence of, the military force, but infinitely more from the
influence of that moral force to which Mr. Secretary
Peel: so elegantly alluded 'in his brief speech at the
City Meeting—the consciousness universally felt
throughout the suffering districts, that there is not
a personage in the kingdom, however lofty his
station, that does not deeply sympathise with their
suilbrings,—we hear no more of riot and outrage.
Peace and mercy have met together—the fountain of
charity which has been opened in our great and gene-
rous city, and which is swelled in its progress by
ten thousand rills from the east and the west, and the
north and the south, has carried not only solace to the

physical wants, but balm to the wounded spirits of
the bent down workmen. While we rejoice in being
able to make these statements, it cannot be concealed,
and it ought not to he concealed, that the distress
rbich still exists is great, and that the powers ,of the
benevolent must be tasked to the utmost to meet its
requirements. While we contemplate with strong
feelings of honest pride the large sum which in two
or three clays lia been raiseclin the metropolis, prov-
ing as it does a truth as old as the formation of our
national character, that no poor petitioner ever knocked
at the door of an Englishman's sympathies in vain—
still we are aware that the sum, large as it is, admits
of mighty increase. The plan of subscription at a
Banker's is a mostjndicious one we admit,, and to the
inhabitants of London, whey need but slender solicita-

don, when a'brOther is to be relieved, it has proved a
most productive uric. but there are, not thousands
but tens of thousands, neither cold of heart nor un-
open. of hand, who may yet scruple to carry their pit-
tances, individually insignificant, but great in their
aggregate,' 'to such places of contribution. These
tlinusands,..niust be reached, and their good wishes be
mado. effective—in what way we do not pretend to say,
though wo think that, in such a, case, we might very
properly:borrow from the practice of more , than one
mociation. 'We see no difficulty
,in forming a COM-
plittce in every parish, ,and in finding a collector in.
every' street, who might 0 to every house, and knock
at every door, -to receive the contributions of the
'tradesinan and the shopkeeper, and.. the workman, to-.
wards this truly pious fund.

Gibbon compares the diffusion 'of letters to the
Wreaking up of a golden image, whieh,.ceasing to exist as a work
of art, circulates in the more useful shape of coin, extending
wealth and industry among all, classes,

'rh6 fruit trees have been most seriously injured by
the recent sharp winds and continued blight. A market-gardener,
'near Turnham-green, declarer that the injury• is so extensive that
it will make a thousand pounds difference to him in the approach,.
ing fruit season.
THEES:—The largest tree in England seems to by
the -oak on the estate of Lady Steurnui, 'ltr,Yorksitire, ivhick
in 17'78, was nearly 85 feet in height, forty-eight feet in-eist-L
•cmtiferenee at, yard from the surfacty amt. not less than
seventy-eight feet in eiriminferetwe, when measured close to
:the ground. But this is nothing compared with the (Annuli-
ferenca of the great citesnitt-tree 'on Mount Etna, in Sicily,
which measures within the hollow of the trunk shone two
hundred and .four feet. The saledy,Focest oak, supposed to be
"Pwlttds of fifteen hundred yedrn old, measure% forty-six feet
ten inches in circumference; but it is now :little more than
a , hollow trunk, Mouldering fast to tud. The cedar tree,
also, of 'Enfield- is an object of ouriusity; it was brought a
plant, from Mount Lebanon; about ..tlitt middle of the seven-
teenth centuty, and plantel by. Dr. Ilvedale. It was measured
in ls2l, and found to be sixty:four..feet ;xi height, seventeen feet
in circumference, and to contain Mkt cubic feet of timber. Few
trees in the world spread snore widely than the limo or linden.—
Evelyn mentions.att enormous oneriteNenstadt, in the Duchy of '
Wirtemberg, the ambitni of whose bought .was nearly four huts-
dred and three feet ; one hundred aud-fOrty7five in diameter from
south to mord!, and one hurulreol and nineteen front east to west;
wkt thlfeircomferenceof the trunk WO-4 no more than twenty..
seyeo Set.finrr fingers. Even this, however, is trifling, compared
to the vast extent to which the Banyan, or Piens India, spreads
Its branches., ..Onemf those treeS; near Manjee, west df Patna,
'`'gave'''sll44l"w at newt of eleven hundred And eixteen, feet itt
cir-
s.:nitiferenee, and three hundred and sixty-three, or seventy-three,
fedt in diaMeter ► the eireliniference of stems,
about fifty
or sixty
number,
nine' hundred and twenty-one feet,—
~:.(Yriental Herald.. • • - •••

LAW-INTELLIGENCE.

COURT OF COMMON PLEAS, MAY 8.
CRIM. -CON.
BLUM V. WELLESLEY.

Mr. Serjeant VAUGHAN chewed cause against a rule w'hicla had
been -obtained by Mr. Serjeant SPANKIX, on Friday last, calling
on the plaintiff to chew cause why the trial of the above cause
should not be deferred until the Sittings after Michaeltnas Term,
on the ground of the absence of several material witnesses, in
Italy and Ireland, and whose attendance could not be procured
until the time mentioned in the rule. The Learned Sergeant
submitted there was no reason, thus assigned, which should in-
duce the Court to defer the cause as the defendant required. The
plaintiff had a number of witnesses now in Italy and Ireland, and
they were expected to arrive in the course of the next week. Why
could not the defendant have his witnesses at the trial, as early
as the plaintiff: It would be remembered, that the declaration had
been delivered on the 2Sth of last January, and the cause had been
subsequently set down for trial at the Sittings after the present
Term. But there were reasons still stronger, for not granting
the application made by the defendant. The plaintiff was at pre-
sent in a very bad state of health, in consequence of a severe pul-
monary complaint under which he laboured. He might, before
the time mentioned in the rule, have ceased to exist, and he thus
would be deprived for ever of his remedy.
The Loan CHIEF JUSTICE :---It is true, that from such an event
you would be brought within the rule of aclio personalis moritur
cum persona.
Mr. Serjeaht VAUGHAN :—Besides, there had been a child
born, and the title to a
:Peerage, was placed in issue by the
action.

The Loup Cum. JUSTICE :—lt is to be hoped he will not
die before the Sittings after Trinity Term. That will IN
quite sufficient delay, for it does not require more than twelve
days to procure the attendance of persons froin Naples. The
cause must, therefore, stand over till the Sittings after Trinity
Term.

Mr. Serjeant YAUGUAN then requested that the witnesses from
Italy and Ireland, on the part of the plaintiff, might he examined
on. interrogatories.
The Lonn CHIEF Jusnct wished to know what were the facts
to which those witriesses were to be examined?

Mr. Serjeant VAnon/qi said, he could not communicate the
information required.

Mr. Justice-PanK thmight the request'could not be complied
with, as in such cases, cross-examination by the opposing Counsel
was of the utmost importance in guiding the Jury in the verdict
they ought to find.
The LOILD,Cour jimmy said, the rule might be drawn up.
with the condition, that in case a Judge at Chambers should be.of
opinion, from hearing the principal facts of the case, that there
might be an examination on interrogatories, such an examination
might then take place.--Rule made absolute.