The Sun.
London, England, 1817-11-14 00:00:00

A FAMILY CHALLENGE.

me. (..;tfasieY moved for a Rule to spew cause
why a. criminal. information should mit he filed
against three brothers of the name. or Nichols,
residing in the comity of Cornwall. The motion'
tints grounded upon an affidavit Of a Mr. Iciest,
which stated, that the deponent Midi on a certain
evening, been at supper. wit4.the three Messrs;
Nichols, the elde,t (.1 winim.was a Captain in the
Nay,y., and the.turp,Others Lientemants; and that,
thOtighnot:aware of any thing being done on
his .part' in course etf the 'evening ‘lllich
could be construed into an htrence, on tlte
toi-
lowing morning be. yeeeived a challenge in-the •
name of the yotpgest Mr. Nichols.. The depo-,
pent being a family Man, and in pie middle stage
of life, did rot think fit to set his existence against
one so yOung, and therefore declined the 'dial-
lenge, ulledg,ing the youth of the challen;.;er
reason for so doing. 'The•next brother then
stepped. forwards, and iii•ged his claim to satiilae-
Oat), which being refused OR, the saute grOwnta,
the eldest called for his privileges, in the. citielto,
urging, that as a Captain in the Navy he must be of
an age and rank', to neither of which. Mr. Kirst,
he presumed, could reasonably ohiect". Niest,
however, entertained a. very difkerent opinion of
these family arrangements, and shewed his ;;Noel
sense by claiming the protection of the Conrt.-
Rule granted.

SOURT OF CONpION PLEAS.
"Vestersla:y the Sit t lags at Nisi Prius commenced
before i‘.lr. Justice PARK.

BUTLER V. RHODES,

This was. an action brought by a Mrs. Butler,
late of Tavitock7row, Covent-garden, to recover
the amount of a promissory note, payable
one month afier date, given by the defendant, ho
keeps the Gairhole Tavern, Strand, so long ago
as May, ISO 7. The defendant pleaded. the statute
.
Of limitations.

Mr:Serjeant BasT, as Counsel for Mrs. Butler,
called a witness to prove the defendant acknow-
ledged. the debt in OctOber last. • The defendant
'said on that occasion be did not owe Mrs. Butler
any (tang% He did. not deny having received the
money, and 'admitted that he ;.eveanote of hand
for it:' hut he said Mrs. Butler had ieceived the

amount from Mr—Sbetidal), by taking it in sc.
count for some shares of Drury•lane Theatre,
which she had from that Gentlentan.

Mr. Ward, Secretary to the Proprietors of
Drury-lane, was called to- prove Butler's
Shares, to the. value, of 5001, were .purchased hi
1312,

A Clerk front the- Banking-house of Wright
anti Co. Bankers to Drury-Lane Theatre, wove('
three payments, amounting to 2501. made by Airs.
Butler in I'l2, ou account of her shares in Drat y-
Lane Theatre.

Upou the -above evidence, Mrs. Butler's Coun-
sel contended, that they had proved an arknow-
ledgonent on thepart of tlte detendant, ►vhich took
the case out of the statute of liihitatious, and
also falsified• the defendant's as,sertion that the

plaintiff's claim for the 151. had been licridaied
by the purchase of shares.
The Learned Judge was of opinion he ought to
put the case to the Jury.
Mr. Sedeant VAllGuatl, for thedefendant,
no debt subsisting within six years had .been
proved, and consequently it was not taken out of
the statute of limitations. The e.4113(2 of-action
arose out of the election 1807. Mr. Itlp,l,s
received the money on a .Icount of Mr. Sheri: an.
During the election, when money vras'much wa.t
ed, the .detendant went to Mrs. Lint ley's house,
and, in the naine; of Mr. Sheridan,-uslied, fcrr 151.

The plaintiff said, give we your protaissnry note,
and advance it ; he did so, and tl;e money
was advanced. What pretence could the pi,tintiff
have ten years after for suing the defendant
,?
derendant bad, never. absconded,. kw had been
living solvent on the spot. The July Ibuzict a •
verdict (9,r the dejetikti

L I,t h INTEL I, I G E'NC E.

LAmESTABCF, 'eAsE.

-Mitt Daniel • Nathan
Gittl INrit lt4iy.s.,, were qhargt::(l
upon sn,pitioir of having-. "ell,tered the house of
•I isa:ab'f.srael', father to the last -named prisoner,
and stealing 'the'rein a set of pearl Ornaments, tour
told rings, a quantity of .wearing apparel, anti
other articles, Id the rtmonnt ot 701.
bps resittes In Cutierstreet, llciunds
appeared witch affected while relating thC
circumstances bt the case. stated, that on
I:nes:ley evening t!te front-dour of his house was
by some aceldetll kft open fora short time ; an()
sin 'discoveringke immediately imagined that
Soniepesrson might have got in for purposes of
ptundr. lie commeoced a ‘Searloir thro.:gliont the.
hott,e, and nn ('oming to kite room in which
most valuable part of his prOpert y was deposited, hi
discovered everything turned upside down, and the .:,
articles mentioned missing. .Having too muth rea-
sun to suSpeCt that his sob was concerned in the rob.
bery, be gave informatiOn to tin officer, and search
being made in the neighbourhood, be was found
in company with the prisoner Nathan, and
~two
other boys, sleepiu in a room in an empty house.
The priioneri at first stOutiy dcnied° any know-
ledge of the transaction ; but the officer, on exa-
mining the 'pockets of Israel, found :t duplicate of
part of the stolen property, which had been pledg.
ed at a pawnbto:ier's by Nathan..
The Loan MAvott asked Mr. Israel if he meant
to pi ocecd his Son.
Jsrae).—My Lord, it is melancholy that a father
shOnlil proceed ctiminally against his own off-
spring j but justice to the public:and to myself
compels me. His dissolute habits, and deter-
mined perseverance in vice, obliged me long sifted
to dismiss him froth my houSe, since which many
kind offers have been" made to him, provided he •
would amend his life, but all my efforts were of
no avail, and lie has now arrived at the climax of
'villainy by the robbery of his father.
• • Tile LOKI) MAYOR- observed, that case was
one of a most lamentable nature, and he realty felt
the deepest commiseration for the unfortunate N.
rents of the boy;—=The prisoners were" t mantled
for farther examination 011 'Tuesday.