The Sun.
London, England, 1826-11-29 00:00:00

BASS V. GUS ARP.

Mr. Cuttstixs opened the pleadings, Mr. Sergeant SPANKII
stated the case. This was an action for payment of a bill of ex-
change for 2001. endorsed by the defendant to the plaintiff.
Several witnesses proved the hand-writing of the defendant,
and the Jury found for the plaintiff---20b1. (bl. of interest).

LIBEL.
WRIGIIIT Y. JIRDAW h$D
Mr. Sergeant VA U G RA te stated the ass.. This was an action;
damages against the defendants, who were proprietors of a
literary work, called the London Literary Gazette." The
learned Sergeant commenced his address, by profeasing a tender
regard for the liberty of the press, and sympathising with the
Jury in the delicate task which they had to perform, considering
the many advantage. derived to them all hoin it. But when
it made false and uuwarrantable attacks upon private cha-
racter, it then became their (the Jury's) ditty to interpose
and check itsexuberances. > It might at first eight appear strange
how the plaintiff's ehampaigne could be introduced into a work in
which from its very title one would expect to find nothing treated
of but subject. purely literary. Strauge though it might, be, in a
number of the Literary. Gazette, dated. the 2,9 th July last, they
would find, under the title " Sketched of Society : Paul Pry on
his Travels—Letter 14," the following words :—" Many
persons very wrongly imagine that the art of puffing is
English ; we are *Arabiy good hands at it, as all readers
of newspapers and posting bills know, from Rosii's wigs
down to Rowlaud's Macassar's oil, and Char/se Wright's
Champagne (justly so, called, because heenahes it all himself,
without the aid of the grower in Franee.)" The plain-
tiff conceived that this paragraph had a tendency to injure his cha-
racter, the more particelsrly as it was contained in a work of such
viz.... Paul Pry's Travels, which curiosity would in-
merit and extensive circulation rtit the Literary Gazette, and
under a title,
duce many to read. Paul Pry, he (the Learned Counsel)
understood, from those who had the pleasure of engag-
ing in the amusements of. the Theatre (a pleasure which he
regretted his avocations denied him), to be an inquisitive
meddling fellow ; and it would appear that the Literary Gazette
wished to imitate his example, by introducing the unpro-
voked attack shove mentioned. The Plaintiff, a few dart after
.the date of the publication mentioned, called upon the defendants
for an apology, which they retorted to give, and shortly after-
ward., in another number of the Gazette, dated the 26th Augusts
the following passage occurred under an article entitled ir journal
of a Third Voyage for the Discovery of a North' Weet
Passage, fr.e. &.," by Captain Parry," viz. it Poor
fellows !" (speaking of the manner in which Captain parry's crew
spent the winter .days) " They had none of Charles lirrighea
Champagne, -which:we are induced to mention again because we
are told he is going to prosecute the Literary Gazette for a libel
upon it ; the Gazette we believe, said, that it was so good, that
it must be ran he advertised) his (nen and not nasty French
stuff" This was the apologY—the salve Which was administered
to the wounded reputation of the plaintiff ; the sarcasm
contained in the last pale wag Worse than the attack
in the first. . The plaintiff had no wish to pocket any dam/fess
and if the defendants hadichoeett to make an apology, the polittO

action would not have been brought; but as it was, the Learned
Counsel left the case with the Jury, satisfied that they would, by
their verdict, wipe away any unfavourable impression that might
have been occasioned by the passages mentioned.
Ball was then examined.—Was the plaintiff's book-
keeper ; the plaintiff carried on his business in the Opera Colon-
nade, Haymarket; the plaintiff always got his champagne from
France.

Cross-examined by Mr. Sergeant TADDY.—Knew that there
were some lines in the New Times, and other newspapers, ridi-
culing the plaintiff's champagne.
Mr. Serjeant TADDY then addressed the Jury on behalf of the
defendant, and contended that the present action was merely
brought, in order that the plaintiff's champagne might be puffed
up by Mr. Serjeant Vaughan's eloquence, and that no injury
whatever had been alleged to have been occasioned to the plaintiff.
lie, therefore, trusted the Jury would not allow any damages, at
least not much.

The Ciintr JUSTICZ summed up and stated that he had no
doubt the passages complained of were a libel, and it was for the
jury to mention the damages.
The Jury, after a short consideration, found for the plaintiff,
Damages 501.

COURT OF EXCHEOURR—(Tnts DAY.)
Mr. Baron GARROW sat this morning in Mai Prins. A Jury
was sworn in as a matter of form, to return their verdicts in some
undefended Crown causes, and the Court then adjourned till to-
morrow at 10 o'clock.

ROLLS COURT.—(Tuts Day.)
This being General Petition day, hie Honour took his seat at
nine o'clock.

Petitions were presented from several persons who were come
of age, and were entitled to certain funds in Court.

SULLBOVRNIC V. BOURN&.

Mr. Suanns stated that the petitioner was a solicitor, and
that the prayer of his petition was, that the Court should ()slier
the payment of a certain some of money in Court, which the
Master had declared him entitled to. This sum became due to
Air. Melbourne, as solicitor for Lord Strathmore, and Mr. Bourne
opposed the petition, simply because he desired to have all money
in Court paid to himself. Mr. Aielbouras had retired from bu-
siness, and Mr. Bourne had succeeded him as Lord Strathmore's
solicitor. It was true Lord Strathmore might be indebted to Mr.
Bourne, but he was indebted in a much larger sum to Mr. Mel-
bourne. It would be most unjust that Mr. Bourne should re-
ceive all the money, merely because he made affidavit that he bad
never received a shilling from Lord Strathmore ; but if this wee
the case he had only to find consolation in the reflection that be
had so illustrious a debtor.

Mr. James BROUGHAM said be appeared for Mr. Bourne, and
he doubted the authority of the Court to order the funds in ques-
tion to be paid to Mr. Melbourne. The Muter reported that
the money belonged to Lord Strathmore, and to him alone, or
under Ids authority, it should be paid. Mr. Bourne made affidavit
that Mr. Melbourne had received securities for 6001. from Lord
Strathmore, and for ought he knew, Mr. Melbourne might be
overpaid.
Mr. St/GOES—The fact of the cue is, that my client has
knocked 3,3/00/. off his bill against Lord Strathmore, and taken
securities for the remainder.

Ilia !Tomos. said; that this seemed to him to be a motion of
course. He was only called upon to carry into execution a former
order of the Court. Under that order Mr. Melbourne had a right
to receive the sum the Muter had reported was owing to him.

INSOLVENT DEBTORS' COURT—(Tnis Day.)
William Jarman was opposed by Mr. Heath, on behalf of a
Mr. Gregory and some othex creditors. Insolvent had been a
lodging house keeper in Fair-street, Mancheater-square, his wife
still resides in the house. Insolvent stated pat he had several
executions put into the house. One was by a Mr. Wheeler for
111., which was paid out by a Miss Bandy, of Pimlico ; another
by a pork-butcher for 131., alio paid out by her, to whom in-
eolvent was indebted 9801., for which stun he give her a warrant
of attorney. He had had several bills of exchange returned on
hie hands dishonoured, which he had received from some of his
lodgers. A distraint is in his house at present by the landlord for
411. rent. Insolvent swore that the bills were not all in the same
hand-writing. Ile showed considerable hesitation, and his non mi
ricordo sort of answers told very strongly agaiset him, and he pot-
seised a more than usually ingenious facility of opposing, " I can't
say," to every question. The Court examined him as to the period he
was last discharged under the Insolvent Debtors' Act, and directed
the hooks to be searched, in order to ascertain if he had been diet•
charged within the last five years.
Mr. IlesTit, in addressing the Court, observed, that he had
never witnessed a ease of more deliberate perjury. s The insolvent
world not give the dace, of any. circumstance,. but;; ;het of hie pro-
Soiss.;.tilsebiersttctlttiltittli 'hn:ftig„syroto,,wse aitt'Yeare ago. and
‘vhich PO' at OM time he was. arrested to be less than five
years ; but his art was not to be defeated by dates ; he procured
bail, and la prditi so take thti henellt aigain, would not surrender
till he thought he was entitle& In- that intervel, however, he
had drank his champagne and claret at the captors of the'
wine-merchant, when he knew that he had several warrants of
attorney hanging over his head. When he could not pay his
butcher, be gave him a warrant of attorney, and the lame to every
one to whom lie was indebted ; but he took especial flare that
Mrs. Bendy, his wife's aunt, should be in first with her execution
after the landlord.

Mr. Coos: for the prisoner, knving► replied,
The, COURT severely lectured the Insolvent, and ordered him to
he brought up for judgment on a future day, after he had served
some other creditors with notices.

WESTMINSTER SESSIONS.-.4T111S DAY.)—The
adjourned Sessions were held this morning. After two unin-
teresting esssult CANS were disposed of, the Court rose.

FASHIONABLE INTELLIGENCE.

The Duke of Clarence and the Duchess of Glou-
cester came to town on Monday, 'from the scat of his
Royal Highness at Bushy Park. Their Royal High-
nesses paid a visit to the Duchess of Kent, at her
apartments in the King's Palace at Kensington, and
returned to Bushy in the afternoon.
The Duke of York transacted business as usual,
yesterday, with the officers of his Military Department,
and received various visits in the course of the day.
Yesterday morning, at eleven o'clock, a Committee
of Lords of the King's Most Honourable Privy Coun-
cil assembled at the Council-office, Whitehall. There
were present, the Earl of Harrowby, the Master of the
Rolls, Lord Bexley, and the Right Hon. Robert Peel.
Their Lordships separated at two o'clock.
The Marquis Palmella, the Portuguese Minister,
transacted business yesterday with Mr. Secretary Can-
ning, at his office in Downing-street.
The Earl of' 'Westmorland transacted business at the
Foreign Office yesterday.
Mr. Secretary Canning entertained a numerous
party to dinner on Monday, at his residence in Down-
mg-street.

ARRIVALS.-40 Coinpte Fries, jun. at Marshai
Thompson's Hotel, Cavendish-square; Miss Carey, at ditto ; N.
D. H. Neivton, Esq. and Mrs. Newton, at ditto, from Hereford ;
Right Hon. Lord Duriei, at ditto ; Charles Fairfax, EN, and
Thomas P." Fairfax, Esq. at ditto • Colonel Pocklington, atditto ;
Rev. S. W. Cobb, at ditto; the ditto;
of Dysart, at her house
in isamall, from her teat, Ham House, Surrey; Ckamtess de
Grey, at her house in St. James's square, from her sett in Surrey ;
Mr. and Mrs. Emtslen and family, at Fenton's Hotel, St. James's.
street, from their seat is Dorsetshire ; J. R. West, Esq. at ditto,
from his seat, Alscot Park, Warwickshire; Col. Dalrymple, M.P.
at Thomas's Hotel, Berkeley square, from a tour ; Misses Stewart,
at ditto, from Ireland ; the Hon. D. Col. Cathcart, at Mivart's
Hotel, Lower Brook-street, front Brussels ; the Rev. W. Jack.
son' at ditto, front Oxford ; W. Cunningham, Esq. at ditto ;
John rowlett, EN i
. at ditto, from his seat n Salop; Col. Thorroi:
ten, from Brighton.
DerARTURES.—Le Compte Gustave de Batthy-
antry, from Marshal Thompson's Hotel, Caverulish-sqnsre, for
()enlist:ly ; Hon. Berkeley Noel, Mrs. Noel, and family, f
ditto; Mrs. Darley Griffiths, and G. D. Griffiths, Esq. from
ditto; Edward Nicholas,' Esq. from ditto; Captain E. Frank-
land and F. Frankland, I?,Ai. from ditto; the Earl of Cassillis,
for 14 seat, St. Margeret's; Lord and Lady Francis Osborne,' tor
their Beat in Cambridgeshire; Colonel and Mn. Gore Langto,
from their seat, Newton Park, Bath, for Southampton ; A. God-
dard, Esq. ,and family, from Fenton's Hotel, SL Jatitoi's-street,
for their seat in Wilts; Colonel Dalrymple, from ditto, for his
sat in Surrey ; Sir George Nugent, Bart. frtun Gould's WO,
Jermyn-street, for his seat in Bucks ; Count do Flalundt, from
Mivarea Hotel, Lower Brook-street, for Brighton ; Captain and
Mrs. Simmons, from Kirkham's Hotel, Lower Brook-street, for
Bath; Willilrru Lindsay, Esq,
Lester Burrell on a tour. front ditto, forßrighton ; General