The Sun.
London, England, 1821-11-16 00:00:00

VICE-CHANCELLOR'S COURT, Nov. 15.

11E4.11.1,11: V. WIGGINTON.
This was a bill filed by the residuary legatee, praying, for a
certain sum of money as included in his legacy. The testator
had given certain specific legacies, and then direeted that all his
other effects should be sold, and the produce given to the plain-
tiff: After payment of all legacies, there remained a sum of
money, besides saleable effects. The question was; whether
. Money, which in its nature was not saleable, was conveyed by
the expression " all other effects to be sold."
The VICE-CHANCELLOR said, that he could only decide by
construction, and by acting upOn the most probable view of the
testator. Money was not included in the expression " effects to
be sold," but the testator having made a will, it could not be
held that his property was to be disposed of as if he had died
intestate. What had been saleable effects when the testator had
made his will, might'have become money at the time of his
death. Upon this construction the money was part of the resi-
duary legacy. No limitation could be given to the term " ef-
fects," as used in the will. The prayer of the bill was there-
fore granted, but the costs were ordered to be taken out of the
estate.

COURT OF KLNG'S BENCH, Nov. 15.
SENTENCE ON MARY ANN CARLILE.
[Further Particulars.]
THE KING V. MAHN ANN CAIILILE.

This was an indictment, preferred by the6ocle7; for the Sup-
pression of Vice, for the
.publication of a blasphemous libel.
The defendant (who is a sister of Mr. Carlile) was tried in July
last, before Mr. Justice Best, at Guildhall. The Jury found -a
verdict of Guilty.
Mr.' Gu NEI now moved the judgment of.the Court.
No affidavits were put in on either side.
Mr. COOPER (who appeared for the defendant) submitted
that it was for Mr. Gurney to begin.
Mr. GURNEY submitted that his Learned Friend was mis-
taken.

Mr. Justice BAYLEY—Where judgment goes by. default,
the prosecutor opens, because he has to state the facts to the
Court ; but where the facts have been before a Jury, and where
a verdict is found, it is for the defendant to begin.
Mr. COOPER then addressed the Bench in mitigation. No
one, he said, held in higher reverence than he did the purest
religion which had ever spread its doctrines over the earth, but
no man on earth could feel leSs apprehension of danger to that
religion from efforts like those of the defendant. The judgment
which their Lordships were about to deliver, would not (Mr.
Cooper was sure) be in any degree inflamed by the contagion of
that general odium which attached to the de-fendant's family ;
but there was some danger, perhaps, that her sentence might
be affected by an exaggerated view of the danger to be dreaded
from her conduct. He begged, with humility, to remind the
Court, that Porteus, Watson, Lardner, and a hundred others,
all the warmest champions of the Christian religion, had depre-
cated prosecution against those who impugned it : he would
refer their Lordships to the severe penalties which the family of
Carlile were already suffering in support of their opinions ; and
he trusted that the firmness with which those persons bore their
punishment would at least be taken as evidence of the sincerity
of their feeling.
Mr. GURNEY (in aggravation) felt it unnecessary to detain
their Lordships one moment with comments upon the character
of the libel in question. Upon the conduct of the defendant few
words would be sufficient. Whatever might be said as to sin-
cerity of opinion, he (Mr. Gurney) believed gain, sordid gain,
to be the stimulating motive which had led her into crime.—
Four distinct individuals—Carlile, his wife, his shopman, and
his sister—had been taken, one after another, from the shop in
Fleet-street ; they had first been brought to trial, and subse-
quently to punishment. Penalty, it appeared, excited the de-
fiance of Carlile's family, instead of operating upon them as ex-
ample; the arm of offence was insolently set up and pitted
against the arm of law; but the sentence of the Court (Mr.
Gurney trusted) would prove to the world, that however ofl'ence
might prevail for a time, the ann of law, in the long run, was
the stronger.
Mr. Justice BAN LEY (after deliberating with his *learned
brothers) pronounced the sentence of the Court nearly in the
folkiwing terms :—" Mary Ann Carlile, you stand here to re-
ceive the judgment of the Court fora libel reflecting npon.the
Old and New Testaments. Every subject of Great Britain is
entitled to hold whatever opinion he pleases ; but none can be
allowed to impeach established faith, or to endeavour to 'un-
settle the belief of others. Your Counsel, in his very judiefons
address to the Court, has • treated your opinions as erroneous;
and I believe that every man who thinks upon the subject will
come, sooner or later, to the same conclusion. For myself, I
can only say that, after much deliberation and research, such is
the conclusion at which I. have arrived. The Court has no
fears for the safety of the Christian religion. It does not be-
lieve that the rock upon which Christianity stands can ever be
shaken by exertions like yours. But the Court has a duty to
perform to society • to the poor, who have not the means of ex-
amination: and to the young, who may neglect to use the means.
To those persons, whoseFre eatest enemy you are, the Court is bound
to give its protection : the example of your family has
terred you from offending ; and it would be dreadful inc
for your particular profit, you could be allowed to. poi
minds of a whole community-The Court, taking into
deration the circumstances of your case, does order and ad'
that you, Mary Ann Carlile, do pay to the King a fine of
that you be imprisoned in Dorchester gaol for a per
twelve months ; that, at the expiration of that time, y
find sureties for your good, behaviour during five years,
self in 1,0001., and two other persons in 1001. each : a!
you be farther imprisoned until your fine be paid, an,
sureties provided."
The defendant left the Court in the custody of the
Officer.

. CRIMINAL INFORMATION..
Mr. F. Pot.Locx moved for a rule to shew cause why
minal information should not be filed against certain but
of the town of Berwick upon Tweed The applicatia
cecded from the Mayor, Town Clerk, Bailiff, and
Aldermen of the Borough ; and it was grounded upon th,
stated in the following affidavit :
The Corporation of Berwick upon Tweed having least
tain tolls in the neighbourhood of the town, a Guild tva
for the purpose of putting. the corporate seal to the lease
also in order to the admission of certain Burgesses to thei
dom. In the course-of the day, Holmes and Jefieries
the parties against whom the rule was prayed) interrupted
business of the Meeting by out-cries and violent conduct; a
when the seal was about to be affixed to the lease,
.they.
into a part of the hall, called the Bend'," appropriate
the Magistrates ; prevented the ceremony of sealing ; and.*
ened to tear the lease, •and put it into the fire. The IV
finding it impossible to restore order, dissolved the t.
when Holmes arida person named Burgess assaulted the
Clerk ; tore open his coat in search of the obnoxious lease
(not finding it) attempted to throw the Town Clerk at
Mayor over the balustrades of the hall staircase.
t he I.onD CIIIEE JIrSTICE thought that there was eta
stated to warrant the granting a rule.
Mr. Justice BAYl.EY—Perhaps the mere rule will prod
all the necessary effect.
Mr. Pottocx—lt is in that expectation, my Lord, the
rule is moved for.—Rule granted.
THE NINO V. DAVID G. DAVY AND SAMUEL SNOWD,
This was an indictment for perjury. Judgment was a 1
to go by default.
Mr. Jastrs Dow LING moved the sentence of the Cei

appeared from voluminous pepeis put in on the part

'- ---,,,, request of uaptain ittenartison, to which the Learned Serjeant ''''!'
not de- had alluded ;he admitted the defendant had given a credit to •` "
• t 4;
deed if, the plaintiff for the inkstand.
icon the When cross-examined by Mr. Serjeant •VAITGIIAN, he st•ted 14..... t..:
o consi- Mrs. Mestaer had originally ordered the case, saying it w 'for
djudge, her son.
it LOW.; 111 r. Corry, th ssignee of th: plaintiff's estate, on h. sting , -...-
eriod of the benefit of the ct, swore that he had not given hi sent
..-:
you do in any manner to t • 'resent action. h
your The plantiff's A
..rney here stated that the las itness ,-r-'..1*.,.%
.nd that had not been appoin ,- ,
Assignee until the present action was ',,. „.s';"-!. •
rid your brought. ;
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Mr. Serjeant LENfi, '';' the defendant, aga addressed the .':-,`-'''''" "
Proper Jury on the evidence, affer' -hich Mr. Serjeant Au GRAN " V ".:'.'"'''O' . ~,
,;'.
ing replied, t '4,'., ''' - • ‘ ..1, - , q-, 4, ~
Mr. Justice Palm A' ; 4::,„ip the case. II bserved .t.,,. ' .".,.,;ie. 1
y a eni- there could be nd, "ui 't ~i,,t;•:.".• whom the case. dohged, .' -'17,'.,„ ;
Lrgesses
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4,. it for the pi ,se of . -
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