The Sun.
London, England, 1810-11-29 00:00:00

L.,111 11-POR2'
.

COURT OF KING'S BENCH, Nov. 311.
THE KING V. LOVELL.
The Defendant having been 'conviaed of publish-
ing two libels, the one reflecting on the conduct of
the military, While called out to preserve the peace,
in the neighbourhood of Piccadilly, on 0); Ith and
Bth. of April last—the (neer, imputing, improper
motives to the Commissione:rs of Taxes to: fheTown-
ship of Salford; ~rear Manchester,
_was, brought up,
to receive jodAent.
Mr. Justice ('iltOSE was proceeding to pronounce
judgment, when
Mr. Lovecee requested to be heard
,a few words, ,
observing, Thai he wished to offer something in mi-
tigatton,, haling, when formerly called up, been
taken rather by surprise.
Lord ELLENBOROUGH said, it would I4ve been
more regular to Inive Produced this, -of whale vet
nature it be, at the time the defendant had
been heard in mitigation. It was out of all orcler
now to receive any evidence on the part of the de-
fendant ; hat still, if the defendant had any thing
Which he thought •niaterhil to iiree for t he eensieta-
.atioo of the Court, they would be wat,villitig to re-
fuse attending to it, et en at the latest' possab:e hour.
Mr. LOVELL said, he wished to put the Court in
possess on of something which he had omitted in
his affidavits.
Lord ELLENBORoUGH said; that could not be done
by parole. It 'the dele.edant wished, however, he
might be remanded and brought up next-Term.
• •Tne,ATTONNEY-(EiENELIALsaid, he had no objec-
Aion, understanding that the defendant alleged he
had not lime previous to Saturday to prepare his
affidavit.
Lord ELLENBOR6COII.—" if you wish for farther
time, you may be remanded now, till the second
day of next Term."
Mr..LOVELI:----" If your Lordship anises, I shall
accept of,th:ti indulgence:"
• Mr. JOstice Gitosc.—‘‘ 'And ,the itrierveninr, pe-
riod, previous to the pissing of• senteneee w7ll be
considered in thF qaestion ot punishment to be in-
fji led."
• ATTORNEY-GENERAL.—" I agteed to-the:post-
ponement onleeas to the libel, against the Cointins-
sioners of Takes : as to the Other, no reason for ailly
post penement seemed to be alleged."
Lord ELLENBOIIMIGH.--" Does your statement
apply to both
Mr. Lovuee.—" To both."
'The ATTORNEY-GENERAL said, he under Stood the
defendant to eomplain that he had not recetve.t but.-
ficient notice Of the- intention to Call h:ni up for
judgment on the libel against the Commissioners of
Taxes ; but as to the of lair libel, liewas,at a loss to
conceive or. what gtound any delay could be con-
tended for.
Lord ELLENEOROUGH.-‘; It may be as. well to
hear what the defendant Iran to say, because, if, on
the statement of it, it be thought whoby unavail-
ing, in that event, there could be no use ia granting
any delay irreieher of the t'wo cases." •
The addiess of Mr. Lovell to the CoUrt was then
read; when
Lord ELLENBOXOLIGH declared it to be his -opie
nion that there was-nothing ncw in what had been
stated ; nor any thing which could mate, hilly afFect
the defendant's. case ; or, in any respect, alter the
jedE,neent of the Court.
Mr. Lot ELL then said,
." I beg leave to submit to
your Lordships, what has been suggested to the
since 1 came auto this Conrt, that the sentence of
the Court ought not to be put into execution against
are, while, the funtlions of :the -pree eative in the
extension of mercy, are suspended. —For which he
referred to Blackstone.
The Court made no observation on this appeal.
Mr. Justice Gttosu then proceeded to pronounce
the sentence of the
.Court, (the Printer and Pub-
lisher of The Day; Thomas Harvey and John Fisher,
being first .-called into Court, to be present at the
charge). The first libel for the „ptinting and pub-
lishing of whii.h the defendant was called on to re-
ceive judgment, was cue, the most outrageous and
scandalous which could possibly be imagined. A
dangerous, riotous, and ungovernable eolleaion of.
the lower glasses in the neighbourhood of London
hod lately-assembled in some of the principal, streets
of this great town ; to protea the peace ot the coun-
try, it had been deemed necessary to call in the as- 1
sista:tee of_ the military force; and they had behaved
themselves in such a way as intitled them to the .1
approbation and thanks of every ,well disposed in-
dividual. The defendant, however, forgetful of the
duty of a good subject, had grossly mi-srepresented
their condi:a. He had published a paper, declar-
ing that the reading of the Riot Art had been a
signal for military execution, and that the soldiers
so called out to protect the public peace, had evi-
denced a pleasure in the shedding of innocent blood,
There was no person but must feel how much
such a publication was calculated, to irritate the
people ot this country against the military on the
one hand, and, on the other, to deter, the soldiery
;grim doing their duty on , any after occasion. The
defendant in extenuation, had alleged that this pub-
lication was in die course of his business ; what was
this but to say, that it was part of the defendant's
business to publish every libel of which he Wai not
the author ? This he desired it w be known, could
in no case be any extenuation ; for he who printed
or published' any thing which had been written by
another, was equally bound to read it over, and to
be satisfied that 'it was innoxious; as. if he himself -
had been the author of it.. The other libel for
whi'cli this defendant was to receive judgment,
was pate equally calculated to injure the public, as ,
it was icevilify and defame- the charaMers of the
individual Commissioners there referted to. The
defendant pleaded in extenuation, that he could
have'no malice against them, not. knoWing -any, of,
them. From the tenor of the publication, houv..
ever, it seemed diffitult even to acquit him Qf,the
charge of private malice, and it could 'only be in-
ferred of him, as he presemed to allege against,.
these Commissioners, " that be continued, the
amuses by which he lived, and by, which he gratified.

El/1141415. of No. 4, 14 }'artlett-co,irt. 1 ow7strcet'; and Pub
.7., No. t Strand,. W4.-et-_-.%t drertisem eats t 'OI:

-a .proportion of- the- fr,lglii-ffioney 01.
for the St•ett•-t-ti Vcr
ditt was given.during she sittiu.s tur
the vlaihtitf, wilt] lusty for the defendant to_inove
••
for a new trod.

Ot tlii;perinission Mr.Serj,ant BEST had availed
hitt-licit, and obtained a sole to- strew cause Ahy
the verdict should not be set aside, and a new trial
granted.
Loorri Chief Justice iVrINsviELD this.day observed,
that, thrriOr it wos a very great 'hardship on the
plaintiff to (1,-lay a theyd,2cisii,u, of the case, yet he
1) keyed he would not be able to disp .se of it in
this term. '1 he 'decision of the Cold t deirended
upon certain .pap,•rs, mere vtry few in num-
ber, none of whico hid - been laid !:.:ore the
'Judge; this, he woer wed, was the,mote'extraor-
dinaly, P.s it had -heei left. to the option of the
party, either.to nitre for a new trial., or bring the
business farwar,t in he nature of .a case. He
thought,, as it was not in. the power of the Court-to
hear it th.ni, ii had better be put-in the that of a
ca,e, stating thcriin the papers tA hich were neces-
sary—and as ..he evidence of the naval orliccrs-tex-
annired,awas all ro the same purpose, viz. that it had
been al ways customary RI pay the Admiral a pro-
, portion of the freightage, th:Te was no neccssii:: to
state it:- at t to t leog:11, but merely to mention the
jgtof it 45 a O.LO ter mt, fict: . •

THE EARL. CW•CAR-LbiLE V. THE BAILIFF AND BUR-

El3Stis uk 'l'4E ToWN of MoEPETH.

•. It appeared that the Bitltif and Burgesse4 Of
Morpeth had -been in the habit of making use of a
piece of land, a4j, icing the known by the
title of Gui,eoll-, c;:h.igeon, and a • variety of •aprel-
lat Amls, the use -of which gritinu by: the Burgesses,
had not teen prevented by the • Earl of Carlisle, to
whom it appeared to belong, lOr a number of
years; a tlispote, however, having arisen between
his Lordship and the. Bailiff and Burgesses, he nd-
titi,-d to theal that he intended to resume his oi
nal right to the pived of tang above-mentioned.—
Aabus were, acLordingly instituted; hut owing
to some intormaltty in the legal proceedings,
the tail of Catfish-, in the first instance, tailed.
2\t length, however, the. parties agreed to decide
-.the trial 01 an, adion of ejectment ; some difficulties
MOst., and- it was then decrded, to reter,the matter.
The rule of relerencei however, appeared to have
been misunderstood. • Mr. Littledate, who had been
appointed the rekree; met the Counsel -for the
respective: parties—those on the side of the Bur-
.gesses contei.ded, that the referee was by the feints
;ot the rule (which called on him simply to set out
the extent sof-the ritiie of land called Githeon), to
confine himself' solely to that-. It was argued, on
the other side, that such a proceeding would render
the referee mere)), a surveyor of the land, which
never was intended—there was no doubt of the Ga-
be-On belonging to the Noble Eat!, which had been
clearly protect 5, but the question was, as his Lord-
ship- laid claim to the high common adjoining, as
co-extensive with the Gubeon, how much of it he
had a right to • deinapd For the purpose of ena-,
• Wing the arbiter to go on with thiss inquiry; as the
ouly means of puiiing:an end to the question, Mr.
Serjeant MARSHALL this day obtained 'a Rule of
Aeference,• -calling on the arbiter to determine
and award how much of. the high common is
attached the Gubeon.

WLLSON V. SEAUES.

On a forrnk-4 day, Mr. Serjeant MARSaALL had
obtained u rt.lw to she'.v cause why the'd,:lndant in
this action should not be librated, on entering
into a_common recognizance, and why the plaintiff
should should not be °bilged to pay the costs of the
apiAication, on the gitound that she (the defendant)
was a. married woman, and not liable for debts..

• The .plaintiff, it appeared, had supplied The defen-
dant with a quantily of furniture, to part payment
of which she' had accepted of bill of exchange
for boi. on which an attion had been brought, and
she was arrested.

The defendant's affidavit stated, .that she was the
wile of Mr. Setres, (the celebrated marine painter)
who was then living, but from whom she-iPaS'se-
,
parated that she had never stated herself to bean
unmarried woman ; that she had purchased the far-
!inure in question from Mr. Annesley Shee, of
Bloomsbury-square, who was the only person she
knew in the nansacrion„ and co. whom she censider-
ed herself indebted. Annex:ed to the affidavit was
a eertificete of her marriage.
,„ •
Mr. Sergeant BEST, in sheaving cause against the
rule, exhibited the affidavit of the plaintiff, Wilson ;
it stated that Mr. Anneiley Shee, with whom he was
acquainted, called on him in November last, and re-
. quested him to wait on the defehdaitt, to take an er-
uct- for furniture, which he. d,d; the defendant
gave him the order, without ever stating that she
was a married woman, of which citcurnstance lie
had no suspicion ,;:.that when part of the furniture
had been sent in, he disirovered she was married;
and, on. speaking to her on the sobj.e6t, she stated,
that that made no difference, had a separate
maintenance, and was possessed of considerable
. property beside; : • that the bill for aol. had been
the deponent's hnids by the defendant
nerselt ; and t!tat part of the debt was contraied
.-fut franking a picture, which she stated to him to
be her own property, and worth 40001. The sepa-
rate maintenance, it appeared, was coLsiderauly to
arrear.

Lord Chief Justice, MANSFIELD observed, that
as ifid lAaintitf could not do away \VIII) the d:tlen-
daut's.plea of covertute, the best thing he coo►d do
was to put,ao cod to the at -Ay!).

Mr. Serjeant BEST 'agreed in the suggestion, but,
hoped, as the plaintiff's atlid•tvit hed falsified that of
the-defendant, that the Court would not call upon
,his client to pay the cost of the application.
Mr. Serjaant MARSHALL (.I::iiird that the defend-
ant's arlidait was falsified ;,why was not Mr. Au-
tresley Slice brought forward to e,,ntradid it ? It
did not appear that she had ever stated hers4f to be
a single woman during the ,A hole transaction : and,
its the action had been brought for the purpose of
keeping the lady in [instill until • she should be set
free by such an applicat;on, he :rusted. their LO.rd•
ships would mark their sense of such conduct by •
making the plaintiff pay the casts.

by •;111.1 lAM AVM! (; I k SC I'S, South M &toil
tile &per,. (..z4t•••,1; Itisp Li:at &r, :11‘J

thief JusticeAii:lNSFl EL!) t hough! the
15
tits shouiti Fq 11.1 c Co7,ts—vip;it;:tticry
opinion, be dO 7.vrong.to take the bin 01
chaoge, Mien lie knew the defendoot to bo ii)11
rid woman.
11141 e
_made absolute with costs.

COURT OF CHANCERY, Nov. 26.

ft' Lg. 7). H4t:LDITCIIO

co
The Conft wSS tat to up for • a eollsideiab.te -L
this morning in :e--ea:g this catt,e; in whiati
Till k C-redit or Mr'. l.oa clirce, 4.05 l)1Ltlttlfl, It 3
Mr. fitailditch, I,vi,ase wife was residuary legatc° °re.
Mr. Lovelace the lather, was defendant. l'oe
of this cause, as tar as it has proceeded, is cut ieus,
int et es.ing. Mr. Lovelace, senior, died in 1797,
tog bc(iti.eathed to his .son, then, as was suppost:l4,l
Spun, f2,00p1. in , Bank Stock .; but, as he had 11`.s:
heard of Linn for some time, he pleased- to 31,ci
arex the condition that the legacy shoald be cliflol` r"
within the term of seven Tears after his deriti)P
his said son in person apply ing,to his executors,
of
making the demand before witness in the poi'?
the parish clime!) of Great. Waltaatn. In dell-nut;
putormaucc, the legacy,' with the 4ittere.4' all'ajP„
upon it, -to become the property of his eject:, jP,i'
pointed residuary legatee. Snortl after his lil0e1:c
dee.case, Mr. Lovelace was informed of trait o°l, , '
and of the nature of his A correspot"l'''„c‘,
i
ensued, which not only ascert3ineci tire extste"`'.
Mr. Lovelace, but also proved his intention et
vt-
Suing England for.the purpose of taking p055:4511,:.,
of his property. But beton-Ate could carry
tentions into effect, be died of the yellow fe'cc,,,•
Malaga. Bruin this statement, the nature of
present suit may be: easily conjectured. Mr.
a creditor of iVir. Lovelace, Jon. advised th3t t
strict-perfortnance„of the'condition in the t.‘"*e„r,'
would be dispensed with by a Coma, of
proceeds against the rCalduary legatee, u ith
of establishing the right of the representat: es of eicf •
ditt.?rs of Mr. Lovelace, the son, to the bcque'E
his-father. A mistake in the method pi oteed'''":
has prevemcd the Chancellor's-decree cur the
r.
sent ; but its nicrits are such as we has c
Much learning has heen displayed in plot ti"'
well tro'm the authority of °t,
own laws, that tite substantial part. of a coild'ut),:c
not Ihe literal, is sufficient fel its fulfilment ;
what is considered as a mean, should oc"rei
v
such cases-be held aa the end ; and that t‘'''
istence of Mr, Lovelace was the Only. thing .joublti
to be established by, the conditiou ut his fathers 'e..;
tteat existence was sufficiently, proved bv.i!le
pondetice. This cause fully vustitiea the ob 4"" u.
tionsof tine learned qtr W. Blackstone.—"
lion, he remarks; shall seldom be heard of i°
mine a- question of inheritance, unless-.the tact of
jolt",
descent be controverted. But tire dubious
which are usually agitated its cur Courts, arise L'll'
_l,,
from the difficulty there is of ascertaining the ii tit
tiong of individuals in ,tlfeii• solemn d
ploperly kin their contracts, conveyances, joy
Laments. It is an tabled, indeed, of the winos' pi(
portance to this. free and commercial countlY, 1L)
as few restraints as possible upon the transtel ~ 1,1:0-
, sessions from hand to hand, or their setrioua.dL-.5
lions marked out by the prudence, convenieli"o.
necessities, or even by me caprice of their
Yet to investigate the intension of the ov.na
quently matter of dirt-Scully atuon heaps ut
led conveyances ur wills ut various OUSCLOoy•
111. Cap. 329...
An information, in which tine Attorney-L7' oftai
at the relatiot of a.Mr.,Breee, again' ,
Mayor, ars d Stsrats of the Corporation bi
Trustees to a parochial Charity, for aibu'se t't 0:0
trust, occupied rtie Court for the remainder')
day. `Etc allegation of the relator was, 'lt'll fey-.
school's land 4 were-let belOw their value. f‘x: iiit
ence to one of the Alasters had been ordered'
Lordship to ascertain the value. After it
guinents for and against the Master's reports- 7
was ID favour or the statement of Mr. 13 r(:t4S°. PI
of
Lordship was pleased. to accede to• the I),‘YrS:4„ff.'
Mr. Breese, who off :teed to take the lateis.iLt 61,1101..
sent at 1341. perantium, at the yearly runt
on receiving a lease for 7 years. By this the
. gains upwards of 701. per annum.
- • Yesterday a/shocking accidant happened - e
St
tnanufatiory of Mr. Hart, Coppersinun, 41%.1
'tto°nqi.eofofa.
of the statidaids on which it reated-
tiahrl',,wcoorkpprnecrntitr,lti,ialsol(l.g_hi.ipt,lov,,y,eb4„el;,f:
ther u gbho
broke, and toe copper fell, and in its, tall
tiff one of the poor man's arms close to
no hopes are entertained of his recovery.