The Sun.
London, England, 1828-11-24 00:00:00

COURT OF COMMON PLEAS, Nov. 22.

BARRY V. CiIAMBIERS.
This was an action brought by a cabinet-maker
and upholsterer, to recover the price of several ar-
ticles of furniture alleged to have been sold and de-
livered to defendant.
John Lillo, a workman to the plaintiff, and living
at Garden-place, Lambeth, was called as an evi-
dence to the delivery, and prevaricated so grossly,
that the Lord Chief Justice commanded him not to
leave the Court..
The case was left to arbitration, after which Lillo
was called into the wittiest box, and addressed by
the Court in the following terms :—" John Lillo,
no being here present can doubt that you have con-
ft
ar yourdt
si c
‘teNel
evidence,
nuyc,roeietl
knew
a backwards
haveaysa rldv stelialalacdsa f‘y,ooortNui
ea
knowdr d
oi nyc givingootu
are
now in that box. This is a practice that has be-
come but too common here, and I am determined
to teach those who attend in this place for the pur-
pose of giving testimony that their best interests
are the interests of truth. I now order you to be
fined forty shillings for the gross contempt of which
you have been guilty ; but I give notice, that every
instance of similar delinquency shall be punished by
imprisonment."
Lillo paid the fine, and was discharged.
LAwm:NcE v. noot:r.a.
This was an action brought to recover the value
of a horse and harness, the property of the plaintiff,
which the defendant had converted to his own use,
under colour of a distress };rent. A verdict was
returned for the plaintiff toAi 'amount of the price
of the horse and harness.

PREROGATIVE COURT, Nov. 22.
• 31ITCHEL MITCHEL.

Dr. LUSIIINGTON stated, that Mr. Mitchel, a part-
ner in an eminent house of business in the City, died
at Worthing, on the 7th September, 1828, leaving
a property of about 100,000/. An allegation was
now put in, stating that after the death of Mr. Mit-
chel, a testamentary document was found at his house
in Harley-street, marked " heads of my will," and
signed by the deceased. In this document, which
was entirely in the hand-writing of the deceased, he
disposed of his whole property, leaving the interest
of 10,000/. to his wife, a double share of his personal
property to his eldest son, and the remainder to be
equally divided between his five other children. It
was only fair to state, that Mr. Mitchel had lately
become possessed of an estate in Jamaica, which the
eldest son would take, and which never appeared to
have been taken into contemplation by the deceased,
as he no where alluded to it in this testamentary
on behalf of the widow stated
paper. •
that Dr.
PI
the suit
com-
menced for the purpose of obtaining the opinion of
tn.%114: was
ReF;:tirely ,
amicable, and merely
the Court.
The COURT observed, that the testamentary paper
was the best proof in existence of the intentions of
the deceased, and therefore ordered the allegation to
be admitted.

:SIARSII V. TYRRELL AND HARDING.

This case, which has already occupied the Court
during the greater part of two days, was again called
on.

The Klisu's ADVOCATE addressed the Court on

The Recorder has received instructions from his
Majesty to attend the Council which is to be held
this day, at two o'clock, at Windsor, when the
Report of the 49 unhappy persons, now under
sentence of death in Newgate, will be made, and
their fate decided. Joseph Manton, whose case
has been duly investigated, has been strongly re-
commended to the Royal mercy. In addition to
numerous eflidavits, which are to be laid before the
Council, is a strong recommendation and memorial
from each of the Juries by whom he was tried, on
account of his having lodged in the hands of Messrs.
Curtis, Robarts, and Co., a collateral security,
which, it is stated, is of sufficient value to cover
the forgeries which he stands gnilty of having w-
tered. His wife and children visit him constantly.
On Sunday week his wife's mother was buried;
she had' died a week before, of a broken heart, at
the prospect -of certain ruin to her daughter and
grand-cluldien, and die apprehended execution of
the unfortunate Hunton. A petition in his favour
has been forwarded froth Yarmouth, to be presented
to his Majesty. •
' Great exertions have also been made on behalf
of the Rev. Peter Fenn, the schoolmaster, who was
also convicted -for forgery, and from the strong
statements that have been made in the affidavits
that are to be laid before the- Council, upon the
character of some persons concerned in the trans-
action; there is good reason to believe that the ut-
most sentence of the law will not be carried into
effect upon the unhappy man.
Abbott, who was convicted for- the desperate
at-
tempt upon the life of his wife, by cutting her throat,
will, it is feared, be among those who are ordered
for execution ; there are some others who were con-
victed for cutting and maiming, but it is believed
that the whole of them will be spared. Among the
number who are to be reported, are two Irish
labourers, named Farthing and Hallett ; they were
convicted, upon very doubtful evidence, of having
committed an unnatural offence, but through the
exertions of Mr. Sheriff Wilde, we understand that

it has been clearly proved that the charge is with-
out foundation.
Some doubt has been expressed whether the Re-
corder will forward the decision of the Council to
London the same night it is made; we hope, how-
ever, that no time will be lost in relieving the minds
of the unfortunate men from the dreadful suspense
in which they are placed.