The Sun.
London, England, 1826-05-06 00:00:00

TIIEXING V. W. ii. ELLIS.

The COURT gave judgment in this case also, and decided that
as the prisoner had been sentenced to fourteen years transporta-
tion for petit larceny, in stealing from his mistress one shilling,
the Court of Sessions at Exeter bad exceeded the authority of the
law, and therefore, as the sentence was bad altogether, no fresh
judgment could be given.
Mr. Cuirry then moved, that four other indictments which
were preferred against the prisoner for similar offences, and to
which he had pleaded, might be removed into this Court by Cer-
tiorari, to lay the ground for changing the venue, as it was sworn
by the prisoner, that utter what had already livened there, he
'could not have a fair trial in that city.
The Court doubted whether they could ultimately change the
venue from the county of the city of Exeter, but granted the
Certioi•ari.

In the mean time the prisoner is remanded to Newgate until
next Term.

LIBEL ON CDL. BERKELEY.
THE KING V. BRYAN.

The defendant was brought up to receive the judgment of the
Court, having pleaded guilty to an information filed against him
as the publisher of a weekly paper (Common Sense) for a libel
on Col. Berkeley. The article imputed in gross terms that Col.
Berkeley had forced- himself into the bed-chamber of Alias Foote
in Edinburgh.

Mr. Jusiice BAYLE'Y sentenced the defendant to be imprisoned
three months in Newgate, and to enter into sureties for his future
good conduct.

DOE, ON THE DEMISE or BARTHWAITE, V. VARDIEL.,

This was an action of ejectment which had been tried in York-
shire, and the Jury returned a' special verdict for the plaintiff, sub-
ject to the opinion of the Court, as to whether the plaintiff, being
born out of wedlock in Scotland, but, on account of the subse-
quent marriage of his parents, made legitimate by the laws of
of Scotland, is capable to inherit landed property in England.—
The case had argued for three days, at this Term, by Mr. Tvx-
DAL, for the plaintiff, and Mr. CQUATNEY, for the defendant.
The LORD Cum' JUSTICE, in delivering judgment, said, that
the impv(msion which the question had first made on his mind re-
mained unaltered, and that was, that though personal property in
England followed lea donticills, yet landed .property followed /ex
loci. Though the law of England gave way to the laws of other'
countries respecting personal property, yet they did not as to
landed property—and though they admitted the legality of .mar-
riages contracted in foreign countries, yet they did not adopt the
consequences of such marriages. The statute of Merton was de-
cisive of this point ; it declared "that every person, horn out of
wedlock, shall be a bastard, whether he be born in England, or
in. any other country, it mattered not." The inheritable.quality
was not in the personal status, but in the land itself, and depend-
ed on the tenure by which it was held. Land held by Borobgh
English were inheritable by the youngest sou; hind held under
Gavelkind, by all sons alike.
The other Judges delivered their opinions to the same effect,
and judgment was given for the. defendant:

COURT OF COMMON PLEAS, MAY 5.

CRIM. CON.-UI.IOII V. .31,BLLICSLEY;

Mr. Sergeant SrANKJE moved for a rule calling upon the plain-
tiff to show cause why the trial of this cause should not be post-
poned until the Sittings after Michaelmas Term. In support of
his motion the Learned Sergeant read the affidavit of the defend-
ant, stating that several persons named in the affidavits who were
now in Italy, and other foreign parts, were material witnesses,
and that in their absence he could not safely proceed to trial.

Mr. Justice PARK-.-I read the affidavit When it was sworn,
and 1 think that enough is stated to entitle the defendant to a
ride flir postponing the trial; hat the defendant is desirous to have
the tri.d postponed until the Sittings after Michaelmai Term. I
sec 'nailing in the affidavit to jultif. the Court in, postponing the
trial until the,time required 1.. y the dell:ll4in but I see no rea-
son why wa.shOuld not grant a rule for postponing the trial until
thy Sitting! After, nott Trinity Term—thot further, I think, we
.
ought nom
Suirfirg..+Rt*s li,. Wells ley 410 in his affidavit, that
has taken "pains to Procure the attendance of the witnesses iu
time for the tglalcif the,sattee in the ordinary course?
Mr. Sergeant Sratottx—lle does, soy Lord; and he says that
he does not think, he cam proeure.their attendance until the Sit-
tings after Michaelmas Term.
Mr. Justice Pani..-I know he dot's; hut I see nothing stated
in the affidavit to lead me to think that their attendance cannot be
procured for the Sittings after next Term, which is the longest
'time we ought to give, accort!ing to the rules of this Court. .
Mr. Pergeant.SPANKl.g—But if there are any physical impos-
sibilities in the way, I hope your Lordships will depart from the
ordinary rule.
_

, .
Cum' JusTim--I can see no impossibility in bringing wit-
nesses from any part of Europe between this day and the Sittings
after next Term. However, you may take a rule to show cause:
Rule granted. • ' - .