The Sun.
London, England, 1817-08-29 00:00:00

HISTORICAL ANECDOTE.

The Lite disputes at the Bar, respecting the right
ofprecerfence in umakiog motions to the Court, have
oeeasioneil the re%ival of the following story of
the Dumb-day, as it w.as called, in AVestminster.
hall, %Odd) occurred in the reign of Charles 11.
exit-acted from the Lift; of Lord Keiper Guilford,
Written by the Hon. Roger North„:—
" There was an incident that happenei! not long
niter triS Lqrdship (Lord North) Caine into the
pilee of Chief in that Court (the Common Pleas),
thOugh in itself, and in the end of it, ridi-
vuHls, yet being an affront to the Court. and in
ienlar to the Lord Chief Justice, and by the
'virole bar of Serjeants, all in a lump together,
ought to he related; as I shall do, really as it was
acted by Arent. It bath been, the usage of the
Eing,-'s'.Bench, at the side bar below in the hall,
aittl of :he Common -Pleas, in the diatribe!. within
the Treasury, to hear Attornies and young Counsel
tr, rt carne to. move them about matters of form
and practice. His Lordship had a younger bro-
ther (Hon. Roger North) who was of the profes-
sion of the lane. He was newly called to the bar,
and bad little tO do in the King's Bench; but the
Attornies of the Common Pleas often retained
him to. move for them, in the Treasury, such
niatters as were proper there, and what they
might have moved themselves. But however
agiecahle this kind of prac..ice was to a noviciate,
it not worthy the observation it had.; for
once or twice a week was the utmost calculate of
these motions : but the Setjeants thought that
method was, or .might become, prejudicial to
them, who had a monopoly of the, bar, and would
have no water go by their mill, and supposed it
was high time to put a stop to such beginnings,
for fear it might grow worse : but the doubt was,
how they should signify their resentment so as to
he effectually 'remedial. At length they agreed,
for one day, to ,make no motions at all ; and op,
portimity would fall for showing the reason how
the Court came to have no business. When the
Conn (on this dumb-day, as it was called) was
sat, the Chief Justice gave the usual signal to the
eldest Serjeant to move ; he bowed, and had no-
thing to move : so the next, and the next, from
end to end of the b sr. The Chief, seeing this,'
said, " Brothers,.l think 'we must rise; here is no
business." Then an Attorney steps forward, and
called to a Serjeant to make his motion ; and after
that, (tinted to the Court, and said that be had
given the Serjeant his fee and instructions over
night to move for !din, and desired be might do
it : but profound silence still„ The Chief looked
about, and asked " What was the matter ?" An
Attorney that. stood by,very modestly,said, 'flat
Ise feared the Serjeanti took it that motions
were Made in the Treasury," Then the Chief
scented the, whole Matter, and, " Brothers,", said
he, " I think a very great affront is Offered to us,
which we ought, for the dignity of time Court, to
resent : but that we may do nothiug too suddenly.'
but take consideration at (sill leisure and maturely,
let us now rise, and to-morrow morning give
order as becomes us. And do yoti Attornies come
all here to-morrow, and care shall be. taken for
your dispatch ; and, rather than fail, we will bear
you, or your clients, orahe_liarristers-at-law, or
any person that thinks fit to appear in the. I.A:si-
t-mess, that the law may have its course :" and so
the Court rose. This was like. thunder to the
Semjt ants,. and they fell to quarrelling one with
another, about being the cause of this great evil
they had brought upon themselves ; for none of
them imagined it wouh! have such a tui n as this
was, that siraked what was the palladium of the
coif, thy sole practice there. In the afternoon they
attended the. Chief, and the other Jsidges of the
Court, and in great humility owned their fault,
and begged pardon, and that no further notice
might
.be taken of it, and they would be careful
not-to give the like offence fur the future.. The
Chief told them that the affront was in public,
and hr the face of the Court, and, they must make
their recognitions there. next morning;, and in
such a manner as the greatness of their offence
demander} ; and then they, should hear what the
Court would say to them. Accordingly they did,
and the Chief first, and then the rest in order,
gave diem a formal chiding, with acrimony
enough ; all which, with dejected countenances,
they were bound to hear. When. this'eliseijiline
seas over, the Chief pointed to one to move,
'which he did (as they said) , more like one crying
than speaking : and so ended the comedy, as it
was acted in Westminster-hall, called the Dumb-
day."

An Attorney, who left London in great dis-
grace upon pecuniary matters some years since,
•es detected in swindling at Berlin, and
,was
there seen sweeping the streets in a chain, is now
'Harker at a billiard-table at Brussels. This man
once lived liamf,,ornely in one of our western
streets, and was empfoyed.by some people of con-
-sequence, as well as by half the thoughtless and
profligate of both sexes in gay life.
-

11 always affords us pleasure to record humane
actions, and we therefore gladly give a place to
the following :—During the night of the 4th in-
stant, as W. Hunter, of Hartlepool, and his
boottrian, G. Pounder, were fishing for herrings,
a little to the northward of Staiths, on the York-
thire coast, they were alarmed by the cries of
". Help ! help ! to save our lives." The night
was extremely (Wk., and the persons in distress
Irere at some distance : Hunter, however, deter-
nined to use his exertions to save them, and cut-
ting front his lines, rowed in the direction which
.their cries pointed out to him, and he happily
11,iccQeded in rescuing two men and a boy from a
watery grave. A large draught of herrings had
.sunk their boat, and her crew were floating in
the sea in an exhausted state when Hunter reach-
ed them. ' They were taken into the coble of their
tieliverer, and restored to their friends at Staiths,
from nlioni Hunter received the most „grateful ac-
-I;flowlidgments, as wLII as from the pour men
themselves. The nets which Hunter cut from,
-.when the sacred impulse directed him
.to the
relict of his fellow-creatures, were worth upwards
.of 301. and chances were much against his ever
-finding them again ; but we rejoice to add,, they
Lave beta recovered.

LAW INTELLIGENCE.

COURT-OF CHANCERY, AUGUST 28.

OPERA-1-10V5E.-WATERS 'V. TAYLOR;

Mr.,llitrr submitted to the Court a statement
in this case, nvort which be trusted the opinion of
his ,Lordship would he, tha.t Mr. Waters had al-
ready paid into Court the whole ansount of the,
sum-.required by the late order. • Upon the for-
mer disposition of the property, by which Taylor
held nine-sikteenths, and Waters seeen-sixteenths
of it,. the lat'tey had,..a mortgage. upon Taylor's
share to the irtnOttnt of 3600/. which was paid
into Court in the year ISOS, and had since ac-
enmnlated' to the sum of 57921. in the hant.ls. Of
the accountant. This money, it was contended,
belonged 'to Waters, and .Ought therefore, to • be
considered as forming a part of the 34,00 P/. or re-
mainder of the purchase-,money , which he had
been ordecid to pay itito..Cout. The whole dif-
ficulty of the question arose from the circum-
stance of this money having been carried to the
"general fund in the Accountant's Office under the'
former settitment.

. The LORD CHANCELLOR observed, that this
was a question that must depend entirely upon the
validity of the mortgage.
Mr. Taylor's Solicitor, ill the absence of Coun-
sel, observed, that he was not employed when the
original settlement was made, but that a strong
presumption that this mortgage money did not
belong to Mr. \Yarters was afforded-by its having
been -suffered to •.remain so long in. the hawk of
the accountant .Fle had a statement on paper
which be would submit to the court, if it should
be deemed necessary, and which he apprehended
Would effectually cuativvert the argument of Mr.
Liam

His Lordship observed, that if Mr. Duthie
would produce this stalentent. to-marrow morn.
ing, he would attend to it. The Accountant's
Office would continue open • for the receipt of
money till Monday next.

POLICE INTELLIGENCE.

---~~-

MANSION-HOUSE.

The DIAMOND PI N.—Samuel Richardson', the
constable of the night of St. Sepulchre's watch-
house, appeared before the Lord Mayor, upon
the subject of the diamond pin. He, came in con-
sequence of a summons, the Lord Mayor hawing

. .
_ .
thought it necessary to confront him with 'the
City Solicitor, who-was present during the exii-
ruination.

Richardson having entered the Office full of the
advice of one of those persons who dabble in the
low business of public offices, teemed, less terri.-
fied titan he did on the day of Iris giand introduc-
.

lion to the Public, when his conscience smote
him so keenly upon the appearance of the Bible.
The deposition of those witnesses whose evi-
dence is unimpeachable "having been read, in the
presence of the constable Richardson, and the
prisoner. Elizabeth Hall, ti►e substance of that
statement which caused such a sensation in the
Justice-room a few days ago. was represented to
the City
,Solicitor.
The .LOED Mayon.—Now, Richardson, I call
upon you again to give up the diamond pin, or to
account for the detention of it satisfactorily.
Constable.--My Lord, I keep the pin in the
name of my Sovereign Lord .the King, and I wi,il
not give it up until the prosecutor comes forwaril :
this is according to law.

The LORD MAYOR.—Oh, then we" come a step
nearer to the truth than we were on the last exa-
mination. It is not lost, as it was then, accord•
ing to your understanding. Produce the pin for
the purposes of justice.
- Constable.—My Lord, I cannot. I keep it in
the name of my Lord the King. The pin was
lost, but now it is found. The prosecutor does
'not conic forward, and therefore it is justice that
I should keep

The LORD MAYOR.—I was forming too hasty
an opinion in supposing that you were infliienced
by a sudden turn of honest feeling, and attributing
to the last day's disgrace an intention upon your
part of contradicting the estimate formed by the
public of_ your conduct. Pray, how does it hap-
pen that you now have the pin ? When and where
did you find it,?
Constable.---Vind it ! why, I found it this
morning, that is, last night. It was lying amongst
a bundle of old papers that I had in my drawer.
I am a constable under the authority of our So-
vereign Lord the King, and I hold the pin in his
name.

Tile LORD MAYOR.--I request in the name of
publfc justice, that the owner of the diamond pin
will come forward ; that he will prosecute the
prisoner Ilan, not so much for the purpose of
punishing the unfortunate woman, as of making
-this Richardson, this constable under the King's
• authority, suffer.
The City Solicitor, after some conversation
with the Lord Mayor and the owner's solicitor,
stated, that if the owner consented to prosecute,
the constable should he committed for a misde-
meanour in detaining property sworn to have been
stolen.

The condition was not accepted, the gentleman
whose property the diamond pin was having ex-
pressed to his solicitor his objections in the
strongest possible manner to Ippear before the
public.
The LORD MAYOR.—I trltit the gentleman will
consider the consequences of his refusal ; that he
will reflect upon the danger of the example held
out, if this pass with impunity, to men in whom
great confidence is unavoidably plared. The pub-
lic are in perpetual danger of being robbed by
those whose sitrtations are more elevated, and I
should be just as much authorized to detain all the
stolen property brought into this office, as the
constable is in holding the diamond pin upon so
base a speculation.
The City Solicitor stated, that if the course first
suggested was tint pursued,_ the Lord Mayor could
not interfere in the business, -which, .by the con-
duct of the owner of the pin, must'necessarily be
changed into a mere civil law transaction, in which
the prisoner should become plaintiff, and the con-
stable defendant. This would be a most strange
perversion of the thing; but there being no other
claimant to the diamond pin, she must be

lerea right owner, and of course have her ac

dolt at trovery

The LORD MAYOR...--.IS the gentleman a married

wan 1.

Solicitor.—No, my Lord, but he is a man of
high respectabilily in his connections and charac-
ter, and of peculiar delicacy. He would not
have his name in conjunction with that of such a
trail upon such an occasion before (he public for
ten times the value.

The'LORD Mayor,.—l can very well estimate
the timidity -under which he labours, and can give
him credit for a repugnance with ‘which he con-
templates the exposure of a•scene of weakness
into which he has been probably led by occidental
intemperance ; but the public will eiCcuss him in
consideration of the services a prosecutiO9 will
render, and very likely his name will not be'pub-
licly stated in consideration of his delicacy.

The Solicitor for the Gentleman took the ad-
dress of the Constable, and signified his intention
to -proceed against him for the diamond pin, in
the name ref flan, the prisoner,. who was now
discharged, The Constable was d6ired to, leave
the office.