The Sun.
London, England, 1826-07-07 00:00:00

LAW INTELLIGENCE.

COURT OP KING'S' 134NC11.—.Jula 6.
IieWSTED v. raourba.
, . i
This MIS all action to recover eOMPCIISEItIOn n damages
for the injury which the plaintiff received, in consegyenec
of a slanderous .letter winch it was alleged, the,defendant
VtOtc mpeetjiig ; ttlo.d4epthott Pleaded "justification.:
Mr.,Rl9k4l9.o'oPetied the pleadiPP•
Mr. Si aitLETT stated thocase; ,The Phtlatiir had Wern.
Some years agoofliciating minister el a eengreetion of In-
dependent Calvinists, and also master of a chanty school in
Islington. The defendant was a member of the same sea.
The plaintiff, while there, had been chosen secretary to a
Missionary , Society in opposition to the defendant, who
tfromh:. .
ithat
ifftittoneortnithefesbetie
nldfillt of kV
the insolvent debtor's act
ill towards him., 1823,,
left Islington, and took up his residence at gham, in
Surrey, where he had, aj school, and was .about'having
a, chapel .erected by, subscription, when Mr. God-
frey, a member" ,of , :the
conunittee for the build-
ioN the Chapel,'received, an, anonymous letter, warn-
inghira not to cotintertance the plaintiff,, but to inquire as
to;hic eltaritater at Islington ; and eoneluditngthus, I con-
isidiv%hien,unsuitable fey, a preacher, I beaton..will to
wards hitri;' hub I fed for the cause of raqieit.--:Sigilad
ildFtiendio,tho Goipel of, Christ:". In consettuenee:of
c;-; , •,, „tt„, „ I

. 4
this letter, the plaintiff's prospects in that neighbourhood,
we ' blasted. , „
he Learned Couniel undertook tolprOVe, that the
abo -e letter had'been writtetehy Aliedelendent, and ex
pre sed klope that the. Jury weluld giveiampletlainages
for he injury which his client had thereby sustained. .
J ohn Godfrey examined :hi the
•CoornoN SEII4;ANT.
k4W the plaintiff, who kept a sehocil in his neighbour-
liond, at Egham, in Surrey, .in -Septenibet, 1824; he was
also officiatmg Minister, of a congregation of Independeut
Calvinists; be, had 24 scholars and a gentleman boarding
with him; there were subscriptions on foot to build 0
chopel for the plaintiff; witness Was one of, the, Om-
mittee far that purpose; he received the auonyminte,let
.terlalluded to in September, 'whereupon 'the chtiiiVinii
givrn up, and' in the course of A, month after all hislichel
Lars deserted him, and his mind became unsettled. . . , 4 'y
(rosy examined by the : ATTORNEY-GE AL.---The
Plaintiff was; *caching gratui tohily at Eghatn, :from Ninth
till October. - ,
Three witnesses were examined, to prove that the let,
ter in question was in the hand-writing of the Defendant;
taut they all swore that they believed it was not his hand-
writing ; wheretiponthe 'plaintiff was.nousiuited.

MIDDLESEX ADJOURNED SESSIONS, JULY 6.

FEES OF COURT.

Several uninteresting cases of assault were tried, and 'a Mint
prcisecution, the King v.• John Divine, was called on.
• the Foreman of the Jury said,othat before the prisoner was„
giyin'iir charge, he begged to address a few, words to the e4g.iit
upon' a subject which he thought reflected no credit-upon ilia'
gentlemen who conducted the Mint prosecutions in that Court.
At the late General Session of the-Peace for the, county of Mid-
dlesex, hold irt that Court,. not less .thsn,seven Mint cases were
tried by the Airy, and as it had heen the uniform practice for the
Jury to he paid a fee of one shilling toitii.4l Juror for every'ver-
diet, it WAS of course expected • that Mr. Powell (who acted for
Mr. Chippendale) would have paid' the fees. when the trials were
over ; but, from some unaccountable:cause, le had. refused to pay
the seven shillings to each Juror to which ,they were entitled for
the seven verdicts.
Mr. Coture, the Chairman said, that ,there Were certain fees
which the ,austere of the Court were allowed by Act of Parliament,
and if it was a custom to pay the jury,'•he sa no reason why the
-gentlemen should,'on the part of tbe•Miht, refuse to pay the fees.
H (Mr, Cut) could, not interfere in the matter.
' • FoaI:NAN : No other Iloverninent Beard• ever has declined
gitug the Jury their. -customary fees. 'f •
Ir..FrEt.n, an inipeetor, oh-the part of thiMint, said, that he
did net believe it was a custom. •

PowEr,t., jun. the solicitor, observed, that it was against
atyirder of the Lorded the Treasury to pay fees to a Jury.
ALLAN, the Deputy Clerk of the Peace, said, that by Act
Of Parliament, he was entitled to take Ss. for his fee upon every
verdict; and when the seven Mint cases Were tried, Mr. PoWell,
,thi &Licht*, paid hint his legal fees, but ho rehired to pay the
Jury, although it wai•taistomary;•, •
Foltz SCAN-Mr. Alley, the Counsel, . tulmitted that the 'Jury
had always been paid:the fee since Kebelenged..to the .Bar. '
PowErt,, jun. observed, that the late Clerk of the Peace
did not take the amount of Court fees ,now demanded by Mr.
Mien.

FOREIIAN--4 hope, Mr. Chairman, you will order our
fels to im is very disgramful conduct •on. the, part of the
nt. . ,
ic4.4.lrotAti-4 have no power. to order the 'UPl'sy to be paid;
I cannot.:interfere about ,fees, and if Mr. Allen were to take a
guinea fOr,-,liitff:a•-initte4lec, I could not interfere. He would,
he' static:4 ,ttl; fin indictment .most certainly;i but •whether it is a.
custom „to pay„the Jury or not,. ',cannot make an orderr.on the
uukject, „ •
tiVr.PowELL,,jun. said, that whatever lees were demanded by
tI4 officer 0.1: ,the Court, they would, in future, I•icTitaid lte.
alit)* not inquire as to their appropriation, but pay the money
as,Court-feeA; he could not.consent to pay the money to the Jury.
asic.for no more than what we arc entitled to:
iCeinutumi—The question is. settled, I believe ; M. Powell
says he has nu objection to pay thermoney.in the shape of Court-
The July appeared satisfied, and afterwards they tried and
fimml Guiltyi../. Diets,, for uttering counterfeit tutin at, the
Kholo of Mr. II:onilt.on, in Clinioa4iwell, and he was sentenced to
hit ~uurstisa' inipOuonment.: •