The Sun.
London, England, 1826-11-14 00:00:00

ABSENCE OF COUNSEL.

MS LORDSHIP had to complain bitterly to-day of the inconve-
nience arising in this Court from want of the regular attendance
of Counsel. He said, every Court in Westminster Hall insisted
upon regularity of proceeding, by the continual attendance of
Counsel ; that regularity had been carried on to the great incon-
venience of this branch of the Court of Chancery, because Counsel
presuming on being excused for non-attendance here, and which
excuse they were sure they could not get elsewhere, were quite
indifferent about attending ; but he begged distinctly this
day to state, once for all, that he would not submit
on any acconnt to a continuance of such treatment, and
that therefore he should unquestionably strike out every
case that might be called on, in which counsel might not be
present or prepared. It was the duty of atturnics to have their
counsel in Court, when the cases in which they were came on, and
if one counsel would not attend, they might find another who
would.

COURT OF KING'S BENCH.--(Tnie DAY.)
MELLOR V. FRAHM/Z.
This was an action brought against the defendant, to recover
the amount of his subscription towards the making of a turnpike-
road. It was tried at York, at the last Assizes, before Mr. Jus-
tice Park, and a verdict given for the plaintiff, damages so!.
Mr. Joust WILLIAMS moved this clay for a rule to show cans*
why the verdict should not be set aside. The agreement ha said,
upon which the action was founded was worded as follows :
" We, the undersigned, agree to subscribe the respective sums
annexed to our names, for the purpose of carrying into execution
a projected line of a new turnpike-road front Halifax to Hudders-
field, &c."

The Learned Counsel observed, that an Act of Parliament was
' passed to enable the auhscribers to carry this projected road into
effect; but the line was thereby so completely changed, that no
more than one third of the original line to which the defendant
subscribed was included. Under these circumstances, he sub-
mitted that his client ought not to be bound by a contract totally
different from that to which he subscribed.--Rule granted.
CRIMINAL INFORMATION--THE AGE.
Mr. Scaiscrn moved for a rule to show cause why a criminal
information should not be sled against Richard Downing Richards,
sole proprietor and publisher of The Age newspaper, for having
published a libel on Lord Glengall. His Lordship, he observed,
bad done all that man could do to deny the matter contained in
this libel, which was as follows 1.--
4, It will probably have appeared somewhat extraordinary to
many penpk, that hitherto no reference has been made by us to a
circumstance which has in several instances been introduced in
some other journals; we allude to the enquiry stated to have
been held by the officers of the Royal Horse Guards Blue,
to ascertain the truth of a report Which has affixed the autboreltiP
of this Journal 00 the Lord Wm. Lennox, commanding a troop in
that distinguished regiment. We have hitherto treated that matter

the individual on i;ithoie account, or rather by the influence o
wiih same perfect
whose repi:n4; iniiestilatiott WO originally iilgliate.od!7,oPf_aen.
contempt vie aln,ayi have evinced towards
the Earl of Glengall.
we feel compelled to enter intO s trifling which, /no
ever, it may displeaai his Lordship, is at fide! inoinpf. something
to tile ; 9ur own assertions respecting Lord %fit!.
~,ennt4o;
'7141. respect 0 this last menti!tiNefnivi
at the adjourned enquiry whiell lake t place the ensuing week
have been published, en they
that.—
part of the argiirif.ent, let us come more
Dismissing, therefore,
For torri consider-
directly to the otter ts:.-
sring..of the subject.
will, of course, be fully borne_
has manifested an Ofeti
able tittle pitat, the Earl of
the resent
hostility igaiinit tit Age, frc.'n2 its COMratenCt went to
.npw,
whose
Ll'iznizall, who
moment, had been in teagiie with is very effincirrelournse, 1
pages, every week, has ittrieated the very seine Of stager abn:.e:
against the principle of this foutill. In the emit of ltd potty
attacks Upon tie, have been mixed up some df the most abusive apt-
ciniens of biacigtiardism on record, against several noblemen and I
gentlemen of distinctid: To the whole of these Lord Glengall hat
been not only privy, but has assisted in their circulation. To all theta
parties, then, who have been so maligned, it this Lord amenable;
and if any of them feel disposed to follow his Lordship's example,
and institute any kind of inquiry, we pledge mikes to stand
forward, and give ample testimony of what we have asseited...
Many months since, when a private enquiry respecting this lin--
putation on Lord William Lennox, was held at the residence of's
mutual friend, at which Glengall was present, the mention of any
such assemblage was positively forbid, yet the following Sunday,
an account of the same appeared in his Lordship's paper, contrary
to all understanding, all etiquette, and all honour. But it is no
matter of surprise that Lord Glengall could not be trite to his
friends—he cannot be se to himself—for an offer having beets
made to him this last week, to attend the adjourned Court of
Enquiry, and his Lordship having intimated his intention of
being present, with a wish that the persons who were at
the above named private meeting, should also be at this,
he has shown this correspondence to every one he meek,
and from one of his particular friends, we yesterday heard the
whole of it. We have little cloak at this moment of writing,
but some notice of this will be given in his Lordship's paper of
this day, and if it should, it will operate as additional conclusive
evidence; both in London and Southampton, at the office of the
Herald paper, in that town. Lord Glengall has been in continual
converse with a rascally sweep by the name of Molloy, who is
now getting a few shillings a week for scraping together the false-
hoods of the town, for his expiring periodical, and will continue
to do so until he is kicked from its service, as he has been from
every other journal he ever stole into the secrets of. Does this
dirty Lord then imagine that a man, acknowledged to be the
greatest liar in England, will be for a moment listened to among
a set of distinguished military gentlemen even If he had any
thing to advance, or, that in the next place, the scrutiny
which he has been instrumental in drawing upon another, will
not be visted hereafter upon himself. As far as Lord W. Lennox
is concerned, it is to its a matter of perfect indifference whether
he be tried, condemned, or even executed. With all Lard Glen-
gall's tact, we should presume William Lennox is about his equal,
and, weighed together, we cannot imagine there is a grain of
difference between them, either in genius, courage, or general at-
tainments. Whatever may he permitted to be known of this
inquiry, we shall of comae submit to the public, and if we don't,
my Lord Glengall will circulate it in the few copies he has pre-
vailed upon people to take of his paper ; and that once done, we
shall direct a more general attention to the presumptuous conduct
of this blinking puppy, who, not satisfied with traducing every
woman's character in whose presence he may once have the hap-
piness to be, maligns his best friends in a public paper, and,
when the tables arc turned on his Lordship by persons of
whom he has no knowledge, and who only Bit in judgment on his
public department, he has the unparalleled assurance to bully
one person, beg another's pardon, fight a third, and wind up by
making the whole affair a subject of regimental Court of Inquiry."
The libel having been read, the Learned Counsel said, that
Lord Glengall denied connection with the paper alluded to, and
had stated in his affidavit that he had no connection whatsoever
with any sweep of the name of Molloy ; but he acknowledges that
he had employed a person named Charles hfolloy Westmacott to
find out the author of the scurrilous attacks on his Lordship's re-
putation, which have at several times appeared in that paper.
Rule granted.

COURT OF COMMON PLEASI(Tim DAY.)
BROWN Y. BROWN.
This action, which was tried before the Chief Justice Bur, at
Guildhall, was instituted at the instance of the plaintiff, as as-
signee of Walter Branscomb, an attorney, who became insolvent
for 1,0561., as the balance arising in favour of Branscomb, in ac-
count for the defendant, the Jury found for the plaintiff. In
March or April, IBM the defendant became bankrupt, and some-
time subsequently, at a meeting of his creditors for proving their
deb* Branseomb appeared, and put in his claim far the sum men-
tinned'; but the other Creditors immediately objected to it, on
tbs. ground that the debt was incurred After the defendant bad
committed au act of bankruptcy which they alleged llranecon►b
knew. Branscomb, however, denied any knowledge of it, and
the defendant himself stated at the locating that it was alien! elle.,
for Branscomb, as the debt was justly due to him. The Commis-
sioners, however, rejected the claim. The defendant and Brans-
comb deposed to:the above effect at the trial; but one Henley, who
was intimately acquainted with both parties, was examined; and
deposed that the defendant to his knowledge frequently kept from
his home in 'order to avoid the arrests of his creditors. On one
occasion; in particular, he was in Edgeware-road, out of the way,
where he consulted the witness and Branscomb upon the state of
his affairs, and Branseomb must consequently have known the act
of bankruptcy.
Mr. Serjeant VAUGHAN this day moved for a rule to shew
cause why the verdict should not be set aside, and a new trial
granted, on the ground that Henley's evidence ought not to be relied
upon, because * long time intervened between the time he alleged
the act of bankruptcy was committed, and the time at which he
was examined, when the whole matter was cleared up by the dis-
cussion in this case, and his evidence must have been formed from
it to suit his own purposes. Besides his testimony was flatly con-
tradicted by the defendant himself and Branscou►b, the latter
having in particular pointedly denied the interview in Edgeware-
road, sworn to by Henley.
The Loan Com Jusr►Cs stated, that at the trial he put it to
the jury which of the parties they believed, and they believed
Henley's evidence, tind for his part, he was of the same opiniort,
and even now on a review of the whole case, he did not see any
reason for altering it. —Rule refused.

INSOLVENT DEBTORS' COURT—Tilts Dav.)
Henry Thurtell (brother of the late John Thurtell of exalt-
ed notoriety), was brought up this morning to be heard on
his petition. Previous to his arrest he was Master at Arms, of
the Warren Hastings, East Indiaman, and was now brought up
from the Marshalsea prison. Ile was unopposed, and nothing
particular transpired on his examination, except some interest he
had in the affairs of his late brother. The appearance of this man
was that of a good-natured hardy Sailor, With the most open and
candid manner. He was declared entitled to the benefit of the
Act, and ordered to be discharged forthwith, as were also, the
following—Alexander Jacobs, Spitalfields, fur-cap-maker ; Valen-
tine Musson, Walworth, dealer ; Wm. Morein, Uxbridge, tea-
dealer; Robert Leese, Commercial-road, hawker ; George
Thompson, jun., Regent's-park, horse-dealer ; Henry Josephs ;
Robert Rouse, Leigh-street, Burton Crescent, fishmonger; Wil-
liam Goodeve, and John Jackson.

James Marsh, milk-deilee, was opposed, and his case adjourned
till Saturday week, to amend his schedule. Isaac Guthrie, of
Bagnigge-wells, cabinet-maker, was opposed by Mr. Pollock on
behalf of Mr. Bullock. Mr. Heath was retained by the insol-
vent. The latter exhibited a great deal of levity in the course of
his examination, and being asked a question by the Commissioner,
turned from the Court in a very consequential manner.
Mr. Commissioner BovEtt—Turn this way, Sir; you seem to
think yourself in a very meritorious situation.
He then conducted himself in a more decent manner, and was
sent back to amend his schedule.

HAY MARKETS.--4TRIs DAY.)
(At per Load of 36 Trusses.)
ST. JAMES'S,
iii.axalma n dISt
Ditto e a slow Ilay I'
448
II
0(1 to
554
110(0)
tela,ohtyeeart Strawiillai
Ditto
0 .....
...... .f. 1 1
isle) to i {
g4O
Itys.gTasil Hay
New Meadow [lay
.4 Bond supply, and a moderately brisk trade; prices as on liatiirday,
sMITHFIELD.
/mama! Meadow Hay,f3 oto 4 0 Clover Hay genarally £4 10 t. 6 0
Upland Ditto
eye.g„,,, fray ... . 4O 5 5 Oat Straw ................ 1 lin
New Meadow Hay .
_. trade 5 0 WhPAI Ditto .. ...... ..I 10 119
Supply good, dull, and mines as on tiaturday.
I

---
COTIONER's INQUEST.—Yesterday afternoon an
Inquisition Was taken before T. Stirling, Esq 4t the Limb,
Fitzroy-market, on the body of ~►
Biggs, 75 years or
age, a respectable master carpenter. Verdict, " Died by the
citation of Cod."

A person, tired of the prolix stories of a great
yeller, said to hint, " Sir, you have doubtless. become
acquainted with qeograpky in the mlrse Of your
voyages ?”--" Sir, ' replied the learned
traveller,
have never been so far ! !"—Mh-ror 9f Literature.