The Sun.
London, England, 1828-02-04 00:00:00

THORNBY AND OTHERS.

This case came on for argument upon a plea, and
the only question was whether the feneral assign-
ment by a bankrupt was such a reduction into pos-
session of his wife's chose in action as to bar her right
in the event of her surviving her husband. In the
present case Mr. Ambrose, whose wife was entitled
to a legacy of 8001., became a bankrupt, and died
pending a suit instituted by his assignee for the re-
covery of the amount of the legacy; the question
now was, whether, as the legacy at the time of the
assignment was merely a chose in action, it could
pass under the assignment ?
The VICE-CHANCELLOR thought the question of
considerable importance' and would therefore loek
at the authorities before he gave his judgment.

COURT OF KING'S BENCH.
(Sittings in Banco.)
THE KING V. ROBERT TAYLOR.
The defendant in this case was in attendance be-
fore the sitting of the Court this morning, accompa-
nied by several friends, but it was intimated to him
by one of the officers of the Court, that as Mr. Jus-
tice Bailey was engaged in the Bail Court, he would
not be called up for judgment this day, upon which
the Reverend Orator and his party withdrew.

THE ICING V. BROWN, IVI.Y.

Mr. BicouGHADI appeared to support the rule ob-
tained in this case, on behalf of Sir Wm. Brabazon,
High Sheriff of the county of Mayo, algaaceini Par.
against 1 r.
Brown, M.P., for the county Mayo, for a libel pub-
lished in the Morning Post. He commenced by
adverting to the arguments used by Sir James Scar-
lett. The election for the county of Mayo, took
place in June 1826, and the publication of the libel
ttoeobkeptlhae spceienech of
theytehaer
defendant in
The libel
hisp
purported
that he
speech
li am
which
spoken,
otiv,lk)reu.nt,Bt hrueo,
h\avifficnh inad
d a
wasvit
a material feature in the
d i d not state that the published
speech was substantially the same which Mr. Brown
had
case; though, if the libeelinhadparbleiaemn
:Parliament, same
,and
had sent it for publication, it would have been no
excuse, though a. considerable extenuation. Another
circumstance was, that Mr. Brown neglected to
make his motion until the end of the Session- of
1827, and gave no explanation of this extraordinarY
delay. He then charged Sir W. Brabazon, in un-
paid Officer of the Crown, with being one of a gang
of conspirators concerned in a scheme of riot and
murder. This serious and aggravated charge was
founded on the fact that information had been con-
veyed to Sir W. Brabazon through the Chief Con-
stable of Police, that it was intended " to lick the
Browns. 7 Something like this occurred at every
contested election in England, as well as in Ireland,
but this was no foundation for le charge of conspi-

racy to murder, which he contended was the true
purport and intendment of the libel. The Learned
Counsel was proceeding to enter into a defence of
the arrangements made by the High Sheriff to pre-
serve the peace, when he was interrupted by -
Lord TENTERDEN, who observed that if ,-Mr.
Brougham wished to go on with his argument, the
Court was ready to hear him.; but the opinion. of
the Court now was, that to use the mildest 'term,
there had been great neglect of duty on the ink of
the sheriff; but that the libel 'went beyond What
the facts of the case justified. 'When a party applied
for the interposition of the Court by means of Ai
criminal information, it was necessary that he should
appear purged entirely of all blame himself. As at
present advised, the Court did not conceive that Sir
William Brabazon was free from the charge of negli-
gence. - _ _

Mr. BROUGHAM said, he proposed to show that Sir
William Brabazon had taken the best means he could
under the very peculiar circumstances of the ease,_to
preserve the peace by a proper distribution of the.
police.

Lord TENTERDEN repeated that the Court had
no objection to hear Mr. Brougham, but their present
opinion was, that the rule for a criminal information
should be discharged, the party against whom the
application was made paying the costs.
Mr. BROUGHAM said, that after the intimation the
Court- had thrown out, with their Lordships' leave,
he would take an opportunity to consult with Mr.
Erskine and Mr. Parke, who were with him in the
case, and mention the matter again ft). the Court.
Their Lordships would see that the libel contained
some very grave charges.
Lord TENTERDEN agreed that the charges were
very grave and that the libel went further than the
facts justified ; but at the other side there was cer-
tainly . great negligence. These observations he
made with an intention of expressing himself in-the
mildest manner towards both gentlemen.
CORPORATION OF WELLS.

Sir JAMES ScARLETT moved fora rule to :hew
cause why a writ of Quo Warranto should not issue
directed to Robert Brookes, calling on him to show
cause by what authority he held the office of Master
in the Corporation of the city of Wells.
Lord TENTXRDEN said, Master was rather a sin-
gular title in a Corporation, and inquired whether
the persons holding the office were of the rank of
Aldermen and Burgesses.
Sir JAMES SCARLETT said there were no Alder-
men belonging to the Corporation of Wells. There
were twenty-four burgesses, eight of whom, with the
Mayor, were called masters. The ground on which
the rule was applied for was that Mr. Brookes was
elected when there was not a majority of the mas-
ters, or of the capital burgesses, nor of.the whole
body present; and also that Mr:Brookes was never
sworn into the office, the duties of which he dis-
charged.
The Court, granted a rule nisi.
MANDAMUS.

The SOLICITOR-GENERAL having moved, as of
course, for a rule to show cause why a mandamus
should not issue to two Magistrates of the County
of Bucks, calling on them to issue a warrant for the
collection of Church-rate, under the Act of Par-
liament,

Lord TENTERDEN said, that upon consideration,
he thought the Court could not grant such a rule, on
the principle that if the Magistrates acted on it, they
might subject themselves to an action of trespass.
The SOLICITOR-GENERAL said, that in the present
case the Magistrates were parties to the application,
as they were desirous of obtaining the opinion of the
Court on a disputed question in the Act of Parlia-
ment.

Lord TENTERDEN said the Court could not inter-
fere. They had refused to grant a mandamus,, to
the Aldermen of London on precisely similar cir•
cumstances, and on the same principle.
Rule refused.

The Court rose at one o'clock, after which Lord
TENTERDEN sat at Nisi Prius for the trial of
Common Jury cases.'

THE ARMY.

A Detachment of the Depot of the 86th Regiment,
marched from Cooley to Newry, on the 26th alt., having
been on duty, protecting a vessel stranded, near. W.hitehaven.
The Reierve Companies of the 49th Regiment, the
Depot of the 41st, and the Reserve Companies of the 63d,
marched this morning from Dover, to occupy Deal and
Thorncliffe Barracks, during the Election of a Member of
Parliament for the Town and Port of Dever. -
The Detachments of the 11th Light Dragoons, the 13th,
14th, Slst, 38th, and 44th Regiments of. Foot, which bad
embarked on board the Thomas Omits East Indianian,
were obliged to reland at Gravesend, in consequence of the
Regiment tfomr Bengal.arche on, the 28th
ship having sprung a-leak.
Two Troops of the 6th Dragoon Guards have been or-
dered to march this day from Manchester. to Norwich.
Large Detachments of the 11th Light Dragoons, 16th
Lancers, and 31st Foot, embarked on. the Ud instant at
uGlrtp.avfeesertaomcm:RlL' eilntsrbEilrtidaltdh7e3Fdirleßeemhanegi.ont to Buttevant.

On Saturday, the despatches for Bengal and
China by the ship Marquis of Huntley, Captain JOHN
SMALL HENRY FRAZER, were closed at the East India
House, and delivered to the Purser of that ship.
Two of his Majesty's horses, Leviathan and
Fleur-de-Lis, have been entered for the Oxford gold cup
this year. They are named by Mr. DELME RADCLIFFE,
and eleven other horses have also entered for the same race.
The wreck of the Hay/on transport was sold
on Thursday, as it lay on the rocks, off Mount Batten,
for 550/.—Devonport Telegraph.
Yesterday the most Honourable Arthur Mar-
quis of DOURO, eldest son of his Grace the Duke of WEL-
LINGTON, attained his majority, having been born on the
3d of February, 1807. The event will be celebrated this
day, and several entertainments of a public and private
nature will be given on the occasion. Among the former,
there are to be two public dinners at Reading, one open to
the public, the other confined to what are called the friends
of the True Blue cause, with this special proviso, " that
any repentant Radical will on this occasion not be refused
admission." A public dinner will also be given at Basing-
stoke, and one at Strathfieldsaye, the residence of the Noble
Duke. The Earl of LONGFORD, uncle by the mother's
side to the young nobleman, will give a large party at his
seat, Pakenham Hall, county of Westmeath, Ireland; and
at the patrimonial residence of the WELLESLEY family,
Dungan Castle, county Meath, where the Duke himself
was born in May, 1769, there will be a public entertain-
, went for the tenantry of the estate.
A game-keeper in Herefordshire killed the
following beads of gaze, from January to December last
year, omitting the months of October anti November, the
accounts of which he lost :-217 pheasants, 443 partridges,
34 woodcocks, 15 snipes, 2 wild ducks, 1 land rail, 142
hares, 68 leverets, 3,997 rabbits,—total 4,9l9—Carmar-
then Journal.
The typhus fever is very rife in Arnold.. 111
Bond-street, several families are sorely afflicted by it. A
man of the name of Coorea, a soldier, on furlough, has
died of this disease.—Nottingham Review.
SMALL Pox.—This dreadful disorder leas
lately manifested itself in the vicinity of Brecon to a fright-
ful degree :—At a lone cottage, a man and four of his
children (out of five)
were
carried off by it in a very short
time, his wife and only
one little boy escaping the ravages
of the disease ;
it was of the confluent sort, and of the very
worst kind.
Surely yar.ents will no longer neglect getting
i•
children immediately vaccinated, and not let prejudice
stand
thetheirthe
way when life itself is concerconcerned.....Cumi„.ian.
'JosT
DETERMINED SUICIDE.---Last
about half past eleven.o'clock, a young man, named JAaZEs
19, residing in Great Surrey-street, Black-
MILLs, aged
friars'-road, blew his brains out with a pocket pistol.
On Friday night last, as two seamen were re-
turning rather groggy to their- ship that was lying in the
Tyne, one of them took a fancy to go down Woodside
Main pit. His comrade in vain endeavoured to persuade
him to give up the idea, and was walking on, when he
turned round and was surprised at his appearance. The
poor fellow, it seems, had laid hold of a rope at the month
of the pit, thinking it would extend to the bottom, but in
this he was deceived, for it did not reach further down than
25 fathoms from the bottom, anti he was of course killed
instantaneously by his tab.—Durham Advertiser.
Reading has not for the last twenty years been
so overrun by thieves as it is at present ; scarcely a morn-
ing dawns, but our ears are assailed by " Well, have you
heard of last night's robbery ?"—Bucks Gazette.

T It

To- da

aminatio
crowded
before Al
thronged
Ide per&
taking tl
arrived i

anitiety
He appe:
been sup
shirt and
Mr. E
observed
sent, am
plied tha
tiered Fu
the Hou
waistcoat
marks on
stained,
40t. The

• Air. B
lihould pi
Butler's I
Be thi
article to
question

Mr. A
%worn by
Mr. S
Jones wa
before the
he eababi

il fr. ii
graph,
from Mr.
Con of a
." days" f
tially con
to the
bad mei,

Mr. El
Mr. Act
tion of fat
Mr.
and wool
they ram
then direr
served, tl
had been
Postponer
barrister

Mr. H
self, and
Mr. Er
ment of 1
the whole
Weeks;
that it
sentence 1
which wi
told him
ing the hi
he cohabi
period of
Mr. H
tell me fr
Mr. El
gone with
hint by a
had since
his mistal
ing, whit
bad given
mention t
doing so.

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he taken
Efinionds
by his
knew tha
Ripon the
had alreac
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state was
the infori.

Mr. 11
tigu, whe
asked hip
given, an(
question.

Mr. Ili

ties in tht
tnost unfc
that if Al
chunk], fi
inent.
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Mr. I-
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the true
Learned
fence of
C to pre-

if Mr.
ent, the
iniork of
st 'term,
part of
ld what
r applied
ills of a
e should

As at
that Sir
of negli-

that Sir
he could
ease,_ to
n of the

lint had
• present
lunation

hom the

tion the
s' leave,
ith Mr.
n in the
Court.
rntained

es were
han the
ras cer-
ons he
fin the

D show
of issue
o show
Master

T a sin-

vhet her
rank of

Alder-
There
rith the
which
es was
le mas-
whole
s never
be dis-

as of
adamus
county
for the
Par-

aration,
vie, on
it, they
pass.

present
ication,
i of the
Parlia-

t inter-
rats .to

lar eir.

fl Lord
rial of

giment,
ha% int( •
ehaven.
it, the
lie 63d,
real and
ober of

te 136 ,
ich bad
Haman,
e of the

wen or-

16th
tat at

le 28th

d and
JOHN
t India

n and
old cup
!LIFFE,
[Le race.
s sold
Batten,

Mar-
Witt-
en the
ed this
private

K 1 the
er last
er, the
tridges,
il, 142
armar-

. In
it. A
h, has

re re-

in die
oodside
rsnade
Ilea he
The
morith
but in
I) than
killed

been
. morn-
we lon,