The Sun.
London, England, 1826-11-20 00:00:00

LAW INTELLIGEiCE.

COURT OF CHANCERY--(Tuns DAY.)
lIIGHGATE CHARITY.
Axtonarcv-tivartAL v. LORD MANSFIRLD.
Mr. SHADWELI, stated when this matter was called on, that
it Stood over for the other side to make propositions of arrange-
ment, but they had made none, further than banding to them a
play card, calling together a meeting of the parties interested.
Mr. LTricu on the same side, said, his clients, the defendants,
had long ago handed their propositions to the other side, but no
reply had ever been made to them.
Mr. nom' appeared fur the Relators, and he did not know
that his clients could do better than leave the Charity in his Lord-
ship's hands.
His LORDSHIP wished to know whether he was clearly to, un-
derstand that no propositions of arrangement would pass between
the parties?
Counsel !aid this was the English of the thing.
His Loansule then' baerved, his former opinion was, .that
he'could do nothing worse for the charity than to keep it in his
hands.
Mr. Ttntrut's clients were most anxious to get it out of them.
His Lonosntr said they should have it, for he would do the
best he could in finally disposing of it, at some very. early period.

WELLESLEY Y. DUKE OF "trauma/.
When his Lordship earns into Court he asked Mr. Shadwel
if he had get the affidavits ready for the Court that he bad men-
tioned,on Saturday.
Mr. SHADWELL was quite prepared either to state the affidavits
or to hand them up to court. He did not know whether it was
his Lordship's wish or not to hear the affidavits steted. Mr. •
Hart was not in Court. ,
His Loanstur observed that he knew nothing whatever of the
nature of the affidavits. It would be a matter of great delicacy
to state them in the absence of Mr. hart, who was Mr. Welles-
ley'• counsel.
Mr. SuanwiLt, did not desire to presto it on; be only wished
to be understood as being prepared to go on, if the Court re
quires L.
.
.
His LORDSHIP said, " Cases of this nature, in nn humble
opinion, are always best treated when they are not heard in
CoUrt, with this drawback only, that a public hearing is a groat
security to the public that the Judge, does his duty. But when a
question is between children and their parents, and in eases of this
neture; which mutt end in one of these two ways—namely, that
either the children must be separated from the parent, or that,
after all has been heard, they are not to he separated from the
parent ; if the latter is the result in any particular rase, and I urn
not intimating what may be the result of this case one way or
the other, but if the latter happens to be the result, it is a great
misfortune that children should then know from a very early pe-
ncei of life all that they will learn from reading what passed in
carer of kind. • It generates a feeling in a child to a father
in :l child;r•LaPa, the greatest misfortune that can exist
can expect ranise, I believe, every pries of worth that you
find in children when they must proceed
from seeds so •
in the hearts of children in their yout t lei
fore havp hiw.
Y, thought, that from grow.up, I
to have been her
' the very first this ease ought
recollect that it was
bloated bein he
; but you will
Mr. &unwell" in Public'
"--Certainl • a the public have
now become so much interested Certainly Lord, , • der
Of it cannot be heard in in "his owe, that ,the remain
pr.vet
His Loensitte......4 was • ‘.
Just Corn,
men-
tion ; that having nuts heard • mg to the conclusion you .
Court, I will not 'war any. part of of it in public
Mr. Lordship,Suanwara..—Yourirot but in public Court.
I is is quite right.,
Lonsuir.—So that, as
1
of Orby Hunter, if the parties ).• Lord Thurlow said in the case
great utisfitotion in their ht • think I. am won,. I . shall have
oing 4) the I.l9tuft of Lords • Ito 4(' spell

a measure is to be adopted, the cause ought to go there whit a fill'
knowledge of all that has passed.
Mr. SUADWELL.—Certaiuly it might.
The ease was then ordered to stand over till Mr. Hart amt eel ;
some time after be did arrive. •

Hit toantuir asked him if he Was ptelialtil
Mr. HART said be was quite prepared !briny thing his Loki.:
ship thought proper to -state:
His Lonnsnle observed that he was ready to give judgment,
but that having been told further dflitlavini were to, be banded to
him, be could not tell whether those affidavits called for any an-
swer or not, until be had beard the contents of them stated, which
he did not like to hear in Mr. Hart'a absence. It they required
ati answer, he -should tviehh to go an With the judgment to-mor-
row, if not he wee quite prepared to pronounce it today ; bUt he
was very desirous not to delay it beyond to-morratl.
Mr. HART considered that this left him nothing to say, other-.
wise he meant to have solicted judgment to-day.
his Loanstue said he must hear what the new affidavits were.

Mr. Haar—Not one of the affidavits were tiled.
Mr. SHADWELL was not able to enter into any personal dis-
cussion. MI he could say was, that his clients lird told him that
the affidavits should be filed this morning, and that the other side.
had been furnished With Copies df them.

Haar submitted that he always understood the practice of
the Court to be, that when a case was regularly brought on for
hearing, each party admitting that it was as fit for hearing as
vigilance could make it, that then the Court would receive no
further evidence. He was aware that in the case of an infant or.
a lunatic, where from, any negligence or inadvertence, it appeared,
that any thing had been left out, the greatest indulgence was shown
that at any time the case might he completed ; but it was impos-
sible for a man in Mr. Weliesley's situation Ow to get his cattie
brought to a final hearing, where such skill, he had ahnost said
artifice, had been exerted. On three or four different occasions,
when the Court was prepared to give judgment, at least when
Counsel were prepared to argue it, the Court bad been informed
that a new hatch of,affidavits had been sworn.
His LORDSHIP begged to observe that the case had never been
argued on the state of the affidavits as they now stood before the
Court. If any one wished "to argue it on such a state, nothing
would be so satisfactory to the Court, but his Lordship thought,
that if it were, in the course of such an argument there would be
some questions put which it could not be easy to answer.
Mr. Haar said some of the affidavits now alluded to by Mr.
Shadwell had been sworn so long ago as the bth of October last,
and yet they had not been filed at this moment. However, if the
Court felt disposed to give judgment on the affidavits, as they now
stood before it, Mr. Wellesley was willing to receive it; but if
judgment was to be suspended till further affidavits were filed, he
(Mr. Hart) wished to draw the attention of the Court to another
point, which was, that his children, during the suspension of his
Lordship's judgment, were in custody, which he highly disapproved
of, and that that custody had been ordered not to be changed.
His Los montr said it was necessary to recollect precisely the
state of the thing altogether. In the first instance, au application
was made to the Court for a reference to the Master to appoiut
guardian or guardians 'of the .children. More strictly speaking,
the terms ought to have been, to appoint a person or persons to act.
as a guardian or guardians, for undoubtedly the guardianship of the
children was in the father, subject to this Court'sacting for the King,
as parens patri,t, for that was what the Court took to be the
foundation of its jurisdiction. Pending that application, Mr.
Wellesley presented a petition, praying to have the custody of the
children delivered over to him. The Court was decidedly of
opinion, that the education, &c. of the children ought to have
been committed to Mr. W. whilst he remained abroad. He then
came to this country, formed an establishment, as it had been re-
presented to the , Court, and again prayed that the chil-
dren might be delivered over to him. It was upon this
application that the proceedings in the Master's Office
were stayed. Now, the Court had not the slightest diffi-
culty in saying, that in this case, which was a case of infants, and
in which it was contended they ought not to be delivered over to
their father, it felt it to be a duty to receive any information what-
ever that gentlemen, acting upon the principles of honour and
propriety, thought fit, on behalf of those children, to submit.—
What was to be the effect of the information now about to be,sub-
mitted it. was ilDPOSSibiti for his Lordship to say, knoWing nothing
of the affidavits ; but he would say that they might 'ffisclooe 'cir-
cumstances which, upon a petition presented to-morrow, would
cause him to alter that judgment he bud now made up his mind
to pronounce.

The Court would give Mr. Hart an opportunity of considering
a circumstance or two which distressed its mind considerably.—
For instance, there-Was an affidavit of Mr, Wellesley7ll, stating
that he came to England on or about the '7th July, 1825 ; there
was another affidavit of his, in which, referring to that expres-
sion, he stated, that upon consulting with his Connate), he had been
advised that that expression was immaterial ; but, recollecting
what had passed in the latter end of June, sod in the first six days
1t.0:5, we the matter now stood, sworn before the Court,
hie Lordship wished to know, after he came to slate the particu-
lars, how any num living could consider that explanation imma-
terial.

Mr. Mar said the eireumstinwes Were out of his recollection.
It was impossible that a man, after discharging his duty as
had done, in stating the whole of a case, could continue to carry
in his memory a series of dates, &c.
His Loansuir went along with him in that; but he bad read
the whole of the •papers in, this ease, he was quite sure, twenty
times over, and he had no difficulty in saying he had not read
them the twentieth tithe without making new discoveries. •
Mr. Ham felt confident that the advies giVen to Mr.-Welles-
ley, by his Learned Counsel, had been given with feeliigs of in-
tegrity and honour.

Loansmr had no doubt at all that the advice had been
very honestly given; hut how any body could take it under the
circumstances the Court would mention, was another thing.
Tho COURT gave Mr. SHADWRLL till to-morrow morning, that
his clients might have an opportunity of filing their affidavits by
then, desiring it to be understood, that if they were not filed by
that time, and all parties prepared to bring the can on at the sit-
ting of the Court to-morrow, the Court would, out of compassion
to itself, then give its judgment.

VICE-CHANCELLOR'S COURT.—(THrs DAT.)
MURRAY' V. ult.lan AND. OTHERS. ,

In this case an injunction had been granted to restrain the de-
fendants from disposing of certain impressions takitl from copper-
plates engraved for the plaintiff, Mr. John Murray, of Albemarle-
street. On the part of the defendants it had been urged, that
copper-plate engrvers had a right to a certain number of impres-
sions from all copper-plates engraved by them, and that the im-
pression in question had been taken by virtue of such tight. Ilis
Honour, however, granted the injunction on condition that the
plaintiff should try at law the right set up by the defendants.
Mr. STEWAAT no* applied to the Court that the issue directed
to I,ge tried be, whether there existed any general practice amongst
poi sons exercising the art or bulginess of copper-plate engravers in
this kingdom, to take any number of impressions, from six to
twelve, without the consent of the persons by whom they were
employed, and afterwards to dispose of them for their own benefit;
or whether there existed any such usage for their appropriating to
themselves eight impressiens from copper-plates so engraved by
them. The Learned Gentleman said, that great difficulty was
experienced in determining the best form of issue, and that the
special pleader at length advised the form of issue, which was
then submitted to his Honour.
Mr. Giantatsrorr, for the defendants, complained that the
plaintiff, although he obtained the injunction so far hack as July,
kept the order quietly in his pocket, until last Saturday, when
notice of the present motion was given. The Learned Gentle-
man said he was anxious to have the opinion of a special
pleader
as to the issue, before he could consent to its adoptisin.
over
The Vicel.egrascettoa directed the matter to stand
until the next day of motions. In the mean time an opportunity
would be had of subrigitting the issue to the special pleader.

COURT OF KING'S '.BENCH.—(TiIts DAY.)
THE KING It. MYERS, CLIRK.

A rule to show cause why criminal information should not be
filed against the defendant iu this case, for having published de-
famatory letters respecting a Lady in Lincolnshire, having been
obtained in the beginning of this Term, Mr. Denman moved
this day to have it made absolute.
Mr. GOULTWAN, on behalf of the defendant, said, that his client
regretted very
much having written the letters in question, and
had no hesitation ,in disclaiming the itnputation contained in
them; he was re.ady:to make any amends in his power; as he could
not oppose the rule, he hoped his Learned Friend would be
,con-
tent with what he now stilted, and not carry the subject further.
Mr. Deestex said, that coneidering the painful nature of the
business, it would not be desirable to carry it to an unnecessary
length, but he would consider with his client whether or not he
would be reconciled with the apology' HOW otfered.
The Clair JUSTICE risked if the defendant. was prepared as
to costs, AS between attorney and 4:1"t ? •
Mr. (-Muumuu replied in the affirmative.
Mr, ENNatex could not at present consent to that propo‘o!•
The better course would be, to make the ride sbeoltite, and, if his
client would be content, further proceeding might be arrested.
The Loan Ciller JusucE ebserTvd, that if the rule were
made absolute, the partiee woOld, be Obliged to eorrte to court

again.. He *mad therefore advise Mr. Denman to take time td
consider With his Client previndy. , •
Mr. Dx NMA sr consented, arm the •matter dropped.
CallkliNAL INFORMATION..-. 114
Itift Plot:mum applied for a rule to show cause wily criroinal
b
information shOUld not be filed against Richard Downing Richard's,
registered proprietor yf the Age, for having published a libel ou
Lord Sing sin the eldest soft a the Earl of Lutam, and Lieute-
nant-Colonel of itie Vegipient of Lawn, Application had
Veen tirade for this rifle in the lasi feria, but the Court Orli"' to
giant it, unless an affidavit Were prieittecii, tifertitig that the gb-
lication entiiPtained of iniputeil cowardice to Lord *delimit: Mt
(Mr. Brougham) riot(' prtydneeif the affidavit of, hie Lordship',
stating that the publication was rd greaSand false libel throughout,'
and.contained an imputation of cowardid spins* him... He then
rend the libel as follows
" Lord Bingham, whose chivalrous deeds we all know, has jost're-
turned back from the County d Mayo, having entered into sureties
for 60001. pounds.. If the Judge and die Jersti when they called
tar these bonds, had known Lucan'a Great Heir . via to, fighting
not prone (so say the world), they would have let hint thee." The
affidavit stated, that Lord Bingham was the eldest eon of the Earl
of Licari, and had served ten years in the army, and that if he
should submit to ouch imputation', with impunity he should incur
the contempt of his brother officers...,Rule granted.
tai KING V. SHACKELL.
The defendant in this case, Who bad been timeicted of having
published a libel in the John Bull newspaper, AMMO,
was this day brought up for judgment ; he declined advancing any
thing in mitigation of punishment.
Mr. Sc ARLETE, for the proaecution, produced the affidavit of Lord
Arundel, denying all the matter contained in the libel. He was
not instructed to press hard on the individual now brought
who, perhaps, was uo further guilty than that he has made him.'
self instrumental to the publicity of the libel. Ho could not,
however, omit to state, that the defendant at first represented
having received the information from highly respectable authority.
At a subsequent time he stated, that he had it from a correspon-
dent of apparent respectability ; and a third tune, front an anony-
mous correspondent. It was evident that he lent himself to the
malice of come writer who gains his livelihood by trafficking iii
calumny.
Mr. Bitonetrast was on the same side, but declined saying any
thing in aggravation of punishment.
Mr. Justice BAYLEY, in delivering the judgment of the Court,,
observed, that the libel of which the prisoner was convicted, im-
puted to Lard Arundel improper and unjustifiable conduct end
harsh feelings towards an old man, who had lived in the
capacity of servant for a long time in the family. It
imputed to the Noble
.Lord, that when this old man had been
on the bed of sickness, he was solicited by him to become a con-
vert to his Lordship's religious persuasion ; and on declining to do
so, he was discharged and thrown out on the world at that pe-
riod-of life when he was unable to do any thing for himself, and
ought to have support on account of his past services. No per-
son who had heard such an insinuation could believe it, re-
specting any man, however humble his condition in life might be,
without thinking lower of hint than littera ; yet this charge was
made against a Peer of the realm. It certainly was attended with the
qualification that it was not given as true, but that it came,
from extremely respectable authority, and it went on to say, that
they would take it for granted that it was true unless contradicted
by the parties. Before the assertion was made the truth of it
ought to be known, and it would be inconsistent with the
principles of good government, if the person who had the,
management of a newspaper should be allowed with im-
punity to publish any 'thing imputing improper conduct
to a man merely on his own assertion that he had been.
told so. . The accusation ought not to have been made unless
he had been satisfied of the truth of it. The person libelled
might be in such a situation in life, that he could not
contradict it without lowering himself in the eyes of society,
When asked by the' prosecutor's Attorney for the authority of the
information, the prisoner published a second qualification, dif-
ferent 'from the first, by stating tint he had it from a
correspondent of apparent respectability, and that it would be unjust
to punish hint for publishing it. When again urged to give tip
the name of that correspondent, it came out that he was an anony-
mous correspondent. The conductors of newspapers should con.
eider the impression that such charges are capable of making on
the feelings of honourable minds, and if the prisoner had any
feelings himself, he .ought to know the impropriety of giving
publicity to such a charge on the faith of an anonymous cor-
respondent, to accompany it with the assertion, that it came'
from respectable authority. The Court taking all circuin-
itancee into consideration, do adjudge that he pay to the King
fine of 004 and lie 'imprisoned until the came be paid.
After a few other motions, which were attended with no public
interest, were disposed of, the Court adjourned, and the Lord
Chief Justice sat to hear Nisi Prins cases.