The Sun.
London, England, 1821-11-24 00:00:00

difficulty caught again and kept while the younger brother was
dispatched to cast fret_ but *sons attracted to the
place by the reports of the fire-arms, sent for a proper person
to put the poor creature Qiitt;ofi.tt Misery, and at the same time
loaded the " young wreielii" iiith reproaches. From the evi-
dence addqced jonok trial, it appeared Ithat• this was a most
exaggerated account of a transaction which had taken place.—'
The horse behiiiged.to Colonel Hunter ; but being diseased and
unwilling (as ittras a greatfavourite,both with him and his son)
that it should driu out a miserable existence as a hack, resolved
to shoot it, which was accordingly dotie. The libel in question

.„
professed to give a true account Of the transaction.
Mr. ADAMS, for the defendant, now submitted to the Court,
that the Learned Judge at the trial had admitted evidence
which ought to have been rejected. He detailed the particular
evidence, the admission 'of which he complained of.
The COURT decided that the evidence was pmperly received.
The defendant put in a long affidavit, which was read by the
officer of the Court. It denied that the defendant was actuated
by malignant motivestowards the prosecutor, and that he-at the
time of publication believed in the truth of the facts stated.
The Curer .JUSTICE suggested whether the.parties
might not
.go betore the Mister.
Mr. Serjeant PELL agreed, on the part of the prosecutor, to
accede to the suggestion of the Court.
Mr. ADAMS, for the defendant, declined to go before the
Master, as his client was not in a state to pay heavy costa. He
then addressed the Court in mitigation of punishment, and ex.
pressedbis 'surprise that it- should have been thought necessary
to bring his client up for judgment, as. Mr. Serjeant Pell had
at the trial and now declared, that the object of the prosecu-
tion was to wipe-off- any imputation of cruelty which might be
imagined to rest on the character of Mr. Chas. lluntifr.— That
had sufficiently -been 41one, by the verdict of the 4ury._ It
would be seen by the affidavits 'of the defendant, that he first
became acquainted: with the circumstance relitife- to 'the death
of the horse in; big profeasional character of an: attorney,
having been cons tilled by a Miss Wright and Mr. Barrow,
of Sidmoutla -aa ivliether it might not be a 'proper sub-
ject for a criminal !prosecution.. He bad in cotiseqUentit exa-
mined some personl who were. present at the„aceee, who ex-
pressed themselves-ready' to Make oath to, the' troth of their
statements. On aTeansideration of the he' . ease • advised the
parties that a crimmay.proceeding , would not . That-surely
did not exhibit iiny malegnant intention-towards the prosecutor.
He was. afterwards consulted upon publishing the facts; which
he acceded to, and had; from motives of htunanity,to theebrute
creation, caused the publication in question, which, it would be
observed, concealed the name 'of the party. -On the whole; he
was persuaded their.
.Lordehips would not think this-was acase
of-any ntalignity, or deserving severity of punishment:
Mr. ERSKINE and Mr. Jr: rite at e- followed on the sattee Aide.
Mr. Serjeant PELL admitted the respectable character of the
defendant. Ile had been imposed upon 'by the misrepresenta-
tions of a discarded- servant .(Thew,`the groom).. He was sorry
that neither immediately after the trial, nor at at any time since,
had the defendant said any thing to induce Col. Hunter not to
call for judgment. The prosecution originally was absolutely
necessary, for the characters of Col- Hunterand his family were
at stake. The legal proceedings took place at the instance of
almost the highest authority in the kingdom,, and at that trial
every material fact which could lead to the idea of cruelty in
Mr. Charles Hunter was negatived, and his character for hu-
manity left clear from stain. lie (Mr. Serjeant Pell) now cal-
led for such a sentence as the. Court might think proper to im-
pose on him, standing as he did in the situation of a person who
had been left in the lurch by those who had first put him in
motion. .
Mr. Justice Baie.-EY, after reviewing the whole of the cir-
cumstances, observed, that the conduct of the defendanthad been
unearded and hasty, although it appeared that he was him-
self at the time persuaded of the truth of those circumstances,
which the subsequent inquiries had prayed to be entirely false.
The sentence of the Court was, that he pay a tine of AIL—

of Mr. Horatio Davis, of Lady Davis, and the butler, 1
it was now sworn that the 1501. alluded to was paid .by
J. 11. Davis as his share of the joint housekeeping account,
and that the plaintiff and his mother did at the time:make
co-equal payments in settlihg their housekeeping accounts.—
lt was most material-' then after such a statement, .to
enable the plaintiff to have the'bentitof this explanation. At
the new trial the same opportunity-would be afforded
of putting
the argument,of the concealment from °March to September, so
that the justice of the case could not suffer.by acceding to ,tbe
rule now applied for. 'The Court, therefore, having a most
anxious wish that the whole question should receive a tliorough
consideration, granted the rulefor a new trial. There was no
doubt, the -Lord Chief Justice added, that,
Bank. and the'publie-would. be duly considered at the new trial.
The other Judges concurred with the Lgthrde
Chief interests
without delivering their-opinion', argumentatively.—gule fox a
i
j uogftc hee,
newtrial made absolute. , •
. .
, .

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CONSISTORY COURT,_tiov. 23.
THE OFFICE OF TIM JODO-E PROMOTED BY WOLASTON

V. THE REV. DR. CLARIcE•
Mr Lovr.l-4y, Prot-tor, applied to the Court, praying that
the Rev. Defendant, who is Vicar of Great Walton, in Essex,
might be ptonounced in-contempt, for not giving in an appear-
ance to u monition issued against him out of this Court during
last term.
• orirsts oN 'desired, the . matter might be postponed,
until it shouts be certified that notice had been served prior to
next 'Court day i'-eipeCiallY, as this proceeding contained
Inatters of a grave nature."
The Prim:Tort replied, thatnotice had been given to the de-
feridant; that the present application would be made this day.
.'The Court' gave pandas= to renew the application on the
next Court day. •
The Court disposed of several motions of minor importance,
and Tom at half-past ten. • •
.;Mr. Parr criAnD, the PrOctor, not being prepared with his
allegation in a cause, Cox v. Cox, the proceedings stand over
till next Court. -

. ,
WT4LE COURT OF TILE DEAN AND CHAPTIIR.OF
• • • :WESTMINSTER, Nov. 22,
.TEE OFFICE OF THE JUDGE PROMOTED BY CLITI:IN
'..'(RETIETOFORE FTNES) AGAINST HATCIIARD.
In this case seven articles were exhibited against Mr. Henry
lhtchard, of the parish of St. Margaret, Westminster, in a suit
".touching his soul's health, and the lawful correction and re-
formation of his manners and excesses ; and more especially
for.quarrelling, chiding, and brawling by rords in the parish
church of St. Margaret, Westminster; also, irreverent
Amitimproper conduct and behaviour during Divine service."
The first of these articles set forth, that Mr. ilatehard, by such
conduct,• had become liable to ecclesiastical censures, and to the
operations of the.various statutes and canon laws in such cases
provided: the second, that by the act sth and 6th of Edward I.
it was enacted as follows—" That if any person whatever shall
at any time after the first day of May next coming, by words
only, quarrel, chide, or brawl in any church or church-yard, that
then it shall be lawful for the ordinary of the place where the
same offences shall be doneand proved by two lawful witnesses,
to suspend any person so offending—that is to say, if he be a
layman,, ab ingressu Ecclesix, and if he be a clerk, from the
ministration of his office for so long time as the said ordinary
shall by his discretion think meet and convenient, accord-
ing to the fault." The third article pleaded-that the said
Il."Hatchard, on the afternoon of Spnday, the 10th of Dec.
1820, did behave during the time of the celebration of Divine
Service in an irreverent and disorderly manner ; and annoy
and interrupt the Rev: W. J. Rather, clerk, assistant curate
Of the same parish, as he was passing front the vestry-room of
the said church to the pulpit, and endeavour to prevent him