The Sun.
London, England, 1821-05-25 00:00:00

CLAIIKT V. LORD ORMOI4II.

This was a motion to restrain, by Injunction, Messrs. Do/-
biggin and Co., from putting in an execution into the estate of
Lord Ormond, to recover the amount of their claims under a
verdict obtained by them against the Trustees, and also und6r
one against the personal property of the late Lord Ormond.—
The Executors were stated to have in their hands a sum of

15,0001. - but this was dented on the part of these Gentlemen,
by Mr. florne, who stated, that they had not one shilling. The
claim made by A.lessrs. Dolbiggin and Co. was.' for furniture-
supplied to the late Lord Ormond, and for the expellees of his
funeral ; and, as Stated by their Counsel, the recovery of which
was their only object. The, present motion not having been
made by the Trustees, Mr. Butler Clarke was under the neces-
sity of stepping forward to prevent any violatiou of the orders
of the Court, as he' had a beneficial. interest in the• pro-.
perty to secure his own rights. The Motion also prayed, that
the Trustees might be ordered to pay into Wart the balance in
their hands.

After hearing Counsel, —viz. Mr. Mall, Mr. Roupcll, Mr.

;orne, and Agar,

The LORD CHANCELLOR directed a short affidavit be
made as to the funds in their hands, until which he postpaued-
giving final-judgment.

COURT. OF KING'S BENCH, Mar 24.
Tut KING V. T. J. EVA;CS.-(MOUE PAVTICULAIIS.). t
Thin was an indictment against the proprietor of the 31414-
CIISTER OBSERVER, fOr libel. The offensive matter was
contained in a paragraph published.on the 29th of April, 1872 Q,
headed " Military outrage at Oldham "and purporting todes-
cribe'an affray which took place on the 25th of April, betweon
some inhabitants of that town and a party of the 85th regiment :
it was charged to be written with intont to excite the stibiecza
of the realm to hatred and contempt of the. King's troops ; .and.
also to be with intent, seditiously, &e., to reflect upon 'the-con-
duct of the government of the country. The cause was tried
before Mr. Justice Best, at Las caSter.. The Jury fbund t 44..
defendant guilty.

The AI:I'OdNEY GENERAL now prayed the judgment of
le Court.

Mr. J.WILLIAMS rose in arrest of judgment, and took seve-
ral objections to the indictment, which were overrulled by the
Court.

Affidavits were then put in in mitigation: one fry-lithe de-
fendant himself, declaring that the statement published was from
information. collected by himself immediately after the riot. in
the town of Oldham- another from several artisans of that
place, deposing to such information haVing really been given to
the defendant.

Mr.,WILL TAMS rose to discharge his last duty to his client.
The moving, though riot very novel, topic of a wife and small
family, was (the Learned-Counsel said) wanting to him on the
present occasion : for the defendant, though ruined, had only
his own ruin to.lay before the Court. That fact he stated'
merely as a fact ; he meant not to affect any contrition which
he did not really feel ; and Were the. thing to be done again,
he could not pledge himself`that, under • feeling
and similar belief, he should not write in a similar manner.—
One observation, however, 5,4 to the extent of punish-
ment, Mr. IVilliams would sUbmit. Looking back to thd
annals of English history, he found prosecutions for libel
Most frequent, and punishments most severe, at that period
when the reigning dynasty was falling fast in pubic estimation
of that dynasty he did believe those very severe punishments to
have accelerated the fall. That prosecutions would cease to be .
frequent, especially since a self-constituted junta had taken up'
the business of instituting them,. the Learned Counsel could
not very confidently hope ; but he did trust, that under the for..
bearance and rood sense of the Court which he was addressing,
vindictive sentences were no longer to be apprehended.
The AT T ORNEYZE 'SERA!. thought, that after the avowal
which had just been made by the defendant, observations in
aggravation became altogether unnecessary.
The COURT was about to deliberate upon the case, when •
Mr. SCAILLE TT prayed judgment for a private libel, of
which the defendant had also been convicted at thelast Lancas-
ter Assizes. The libel was upon a Gentleman of the name of
Cunliffe : it imputed to him gross misconduct in his ownsta-
mily, to wit—an adulterous intercourse with his maid-servants,
and also the utterance of most infamous aspersions upon the
.character of her Majesty. the queen.
Mr. J. NV mi.' Am s, In mitigation, ascribed the libel to that
inflamed fling which had agitated the public mind during the
discussion of the Queen's conduct. 3lr. EVans had been a
'partisan of the illustrious defendant: Heaven knew, libelS suf-
ficiently cross bad been plentifully promulgated by persons on
the other side the question.
Mr. Justice 13E8'r thought that publications, whatever they.
were, upon that question, had nothing-to do with the matter be-
fore the Court.

The. Loitn. Crirur .JUSTICE.—No doubt the country wag-
inundated with libels or. both sides.
31r. SCAILLET r spoke in aggravation.
Mr. Justice BArLEY, after commenting on the conduct .of
the defendant, sentencal him for the tirSt libel to twelvemonths',
and for the second to six months', imprisonment in LancaStof
Jail :at the expiration of that period-to enter into sureties fu'
his good behaviour during a term of three yearrs, himself in ilia
sum of 4001., and two other persons in 3001. each.

The number of passengers who havepassed to and from Lon-
don to Margate, by steam and other packets, from the Stl2
April, 1820, to the satne date this year, was 46,037, which was
4,602 more than the preceding year.
A :ROBBER. WOUNDED.—On Tuesday_evening,
as Mr. Penlowe, of Poulteney-etreet, was travelling Fran;
Bracknel, Berks, to Eghatn, in his chaise, accompanied by
friend, they were attacked by two foot-pads with crape over
their faces, upon the forest near Ascot Heath Course. -One
stood at the horse's head with a pistol in his hand, and the Pew!'
was in the act of rifling the pocket of Mr. P.'s fiiend, whert
Mr. Penlowe discharged his pistol at the one at the horse
head, and at the same' moment the horse started, thr.w the
ether robber off the step, and went off' at full -Speed. It aver
about nine o'clock, and the 'Gentlemen returned to the spot uitiv.
assistance, and found that the robber shot at had been wourrleil4
as there was a quantity of blood on the ground. Other rebbeii.o
have been committed about this Hart of the country.

SUDDEN DEATii.—Yesterday, as Mr. Surry.r,
a respectable Oilman, -zesiding at Battle-bridge, in appareat
goodlealth, was standing behind the counter in his shop serv-
ing a customer, without uttering the smallest complaint, he felt
dawn, and e:cpired on the spot. Surgical assistance was imme-
diately procured, but to no purpose.

BIRTHS.
On the 21st inst., at Clifton, near Bristol, the Lady. of A.
Harford Pattersby, Esq. thr a daughter.
On the 21st inst., at his house, Beech,hill, Berkshire, tilo
Lady of Whinfield S. Round, Esq„ Barristcr-at.law' of a soak
_
Yesterday, at St. John's, I.laAney, Alexander 11c11, Esq. or
the Hon. East India Company's naval service, to lire Esther
Cowper, daughter of the 1:.. e John Cowper, Esq., of St. Alban
Yesterday, at St. Mary's, Newington, Surrey, Thomas BurA,
Esq., of .Southampton-lace, Caniberwell, to Mrs. Franca
Maria Jenkins, relict of the late Rev. Dr. Jenkins, of W:lwore4.•

DIED.
On Wednesday, the 23d inst., in Crimscott-street, Berrnook
aey, Mrs. Iselin, wifo. of Mr. J. J. Iselin, and- daughter- of t.tlP
late Mr. John Pohlman.
On the '23d inst., at his house, Clifton-place,-Hackney aft
an illness of avery few days, Mr. Thos. 31eynnott,Iate of ?fi-oui-
fields, in the nth year of his age.
On Saturday, the 19th inst., Mrs. Sarah Dobey, 16, .S100e"
sqtiare, Slone-street.
On Sunday, the 20th inst., at Thorpe, in the county off
folk, after only three days' illness, James Nosworthy,
of the city of Norwich, aged
.50.
On Monday morning, in the 54th year of her age, Lucy', 'w+f,c.,
Of Thomas 1). Wighlwick, Esq. of Byshbury II ell, in
County of Stafford, the last co-heiress of the ancient
Stubbs, of Water Eaton, in the.sarne County. _

LONDON : Printed byJ. B. CARSTAIRS, of No. 29, ere.3t
Ormond-street, Queen-square ; and pni)ii,ilted brAfir•
SCRIPPS, of No. 7, South .'Bolton-street, zt 'Pity Frs''
OFFICE, No 112, Strand; where ADVEltTiOrriEbv•
ORDERS, LETTIRB, &,C..(pobt-paid) must be adaraacii,