The Sun.
London, England, 1818-07-25 00:00:00

DOM Eh 1 IC DIsPUTE.

LADY PAGE TURNER V. SIR GREGORY PAGE TURNER.
Mr. HART made application to the Court, on
behalf of the plaintiff, that the Berjeant-at-Artns
be ordered by the Lord Chancellor e(; issue his
- warrant against the defendant, I. had been
guilty of a contempt-of Court, foAPiiot., answering
to a bill filed by the plaintiff, pursitiant to till 4,1 del
made in the:-.year .1815. It- apßeared chat the
plaintiff and 'dafendant were so nearly related itb
mother and sou, and the ohje, t of their long-
pending litigation was to obtain from the po..es..
sion of the defendant a qualitii y of phite to a vet y
large amount, which he bad peremptorily lifu,e4l
to surrender, and which lie had obtained posses-
sion of from the circumstance of:its being in _his
father's house upon his death. , A bill had been
filed by 'Lady Turner, for the purpose of having
these articles delivereclotp; and the. defendant had
put in his answer. -Tile answer. was Considered
to be ininffiCiente and exceptions were takee
it.. A fatrt`her answer was accordingly
The plaintiff subsequently amended her bill, and
called for
.anotlierauswer; which had :not yet been
.
110ivered, and' it. was for this neglect that he made
tqe prvsetit too!ion.. When. this case was before
the Coltrt on ti lot mer occasion, Wither informa-
firm was desired to be given by the plaintiff. He
n? :v held his handof two
adavits, 'the one sub-
scrit;ed by Lady rag ,-.Turner herself, and the other

her Solicitor, Mr. LI his afivirvi

Mr. Watkins seated the pt fa, is of the case.
and it appeared-thaf, the original hill was fi'ed in
1811, anti the answer was Tut juju 1813; a hit-
'her auswer Was put an !tit Easter term foilowiug.
Mr. Wat kins then braced, that lie had applied for the
delivery of the articles unceasingly, but the de-
fendant had constantly tetused to deliver- them up.
He had many times attempted to ,arrest the defend-
ant, but could not gain adinittance into the house
—He then pi oceeded to state, thy in consequence
of the malady with which the defendant became
afflicted in 1814, and in conseonance of the em:
harrassed circumstances in which he was involved,
the plaintiff resisted for a time to prosecute the
snit. In 1815, the defendant having recove'ted
from his illness, and his affairs having heen ar
ranged, the plaintiff renewed her application to
have the plate delivered tip; and Mr. Watkins
irtformed him, that uthuss the application was
complied with, the pi esent sill( would be emit
weaved. Lady Turner, in her affidavit, repeated
the assenion of her Solicitor, and added thal
she had never entered into any compro-
mise with her son respecting the articles
These affidavits, he thought,, completely arcounCed
for the delay which had taken place in the prose-
cution ; and the defendant having neglected to put
in his answer, the plaintiff had o:,ly this resource
of c,mpelling it.hy the warrant of the Sergeant-
at-Arms being executed against him. He was
desired to state, on the part of Lidy Tut ner, that
it the-defendant required time to put in his answer.
she cvotti4 be ready to allow as much time as rue
Court in its judgment thought proper to give him.
Mr. BELL appeared on behalf ot, the defendant,
and observed that Ale. -Hart had not stated al-1 abe
facts of the case He was proceeding to eater into
particulars, when
The Lo cHANcELLott asked, what time was
required by the defendant to put in his answer?
Mr. BELL replied, that a month tsoidd be Guth-
dent.

Mr. HMIT contended, `that that time should be
allowed ; and the Court ordered that the execu-
tion of the warrant of. the ..`,:ergeant•at-Arnis
Shoultrbe suspended for a month ; and if, after
the expiration of that Gine; the. answer Was ilot
filed, t hat then the warrant should be issued against
the defendant.

THE SUMMER AsISIZES.

SALISBURY, .1u LY 24.

ELECTION RIOTS,

The KING, on the Prosecution of the corporation of
Salisbury. v. TtioMAS MACKLIN, HENRY CoLLINt,
JAMlis MUSSFLWHITE, CHARLES DREW, and JOHN

HERBERT TBWKI,SBURY

This was an indictment traversed from the•Ses-
,,ions fora breach of the race, and riotous con-
duct on the first day of the election fur Wiltshire,
in which Mr. John I'. Tinney, the prncipal agent
for Mr. lieuett, the unsuccessful 'candidate, re-
ceived a violent blow on the head from a bludgeon,
aud had the windows of his house beaten in.

- - - -
Mr. Serjeant PRLL stated the case for the pro-
secution. He said, that although Ott such occa-
sions allowance ought to he made for the effer,
vescetce of public feelings, yet this was a case
attended by so many aggravated circumstances
that it would have been impreiper-to have passel
it over. Mr. Initiey, 110 one Conk iktibe , was
an able anti zealous supporter of Mr. lienett, but
he had nut posed the houndat y of discretion.—
The evidence which he should have to lay before
the Jut y would sliew them, that on the evening of
the '2.41h of June,. elbow twelve or fitteen persons
followed two of Mr. 'Finney's cleiks front the
Hart, ee here Mr. BenetCs Committee sat,
tel Mr. Tinnev's house,
_treed were insitit lug them.
The et owd Ily increased tit tit arly tau hun-
dred, who were extremely clamorous itt crying
Wellesley for ever ! No Benet; 1" Mr Tinney
came opt Rod requested the moti:to dispere ; Hutt
on the reA:.sui he at tempted to Seize Meicklite,who
appeared to tic a tingledder, ben was struck oir
the, hiewl,t)y H l er,uu from h,htod with a hloageott,
and taken into the house senseless; The tact,of
• the riot becoming known, several spcciai con-
stables %Vete dispatched, but did trot arrive in
time to prevent the_clerneelitom of the Windows of
Mr. Tinney's house. The constables urged:
the mob to disperse, acid Olt a further. refusal they
took several into cusody, among whom were the
present defendants. The h'iow which Mr..Tioney
received was of so serious a nature that it caught
have proved fatal, and all the dviendatits might
have been legally considered AS guilty of murder.
However,, be only desiied the• Jury to convict_ of
`the riot and assault, which they could not fail
to do,

Mr. JusticePAltt(---" Brother rell, there can
he no doubt they would he guilty or murder.''
Mr. Serjeaut PELL hoped that this would be
well understood titbit ure by such »s were disposed
to einhatk in transactions of rob disgraceful kind ;
that they would rt fleet that zeal bad its hours;
,and that private wish: s must be expressed and
acted
.upon tt .der the restraint of the law. lie
was quite certain that none of the prisoners had
acted wider the sanction of any of Mr. Benett's
competitors, and he was also certain that none
of the defendants were qualifird to vote,
consequently they must have gone upon the
impulse of, tirrir own evil dispositions.—
Whatever might be the individual optoions
of persons, neither those who were candi-
dates for a seat in Parliament, nor their agents,
ought to have their lives
.put in danger. The
Corporation who now procuted, sought only
for thelircservat ion of public tranquillity, anti it
was auxi,ty for that alone which inthwerl there
to seek punishment in the present instance.
Mr. P. M. Chitty and Mr. J. Peru 'Finney
spoke to die filets of the riot in the same terms
stated t/y.Mr. Serjeaot ; as did also two Spe-
cial Co;nstables, and Mr. James Stilton, a Member
of the to,poration. -
Mr. GRANT Rddrcssed the Court and Jury on
the part of Charles Drew, and.eontended that upon
the ,evidence his Client must he acquitted.

Mr. IVIEEtENV,THFR (Lien at 'considerable length,
and in a speech which display'ed a very great por-
tion of ingenuity and argument, urged that bis
clients \lutist be acquitted, inasmuch as Mr. Tin-
ny's own conduct in attempting to seize a person
in the way he did, provoked the tint.

Mr. Justice PARK 9.th,e, evidence, an►l

expfri;iiii his opinion, th ►t if the Jnry believeil
the witriesses, they n►u;t find tue detentlants

14,,iity

Jury, after consulting some time, found
the defendants Guilty of the riot, but not of

s he, assault

Mr. Justice PARK observed, that if the Jury
found the defendants guilty of pal-Liking in the
riot, they must also find them guilty of the

34SaIIIt

The Jury again consulted, and inquired if they
could find a verdirt of guilty against,Alacklin, who
was taken %yid' a bludgf-on in hi* band, and acquit
the other defendants.. ().11 being anwereel,by the
Learned Judgt in the affirmative, they returned a
veldict of G!filty agaiust and acquitted
the athers.—Alacklin was then sentenced to one
mouth's imprisonment.

CIIRLNISFORL), .I.Juir 23.

SFOUCTI9N.-GROVR 77. HARDMAN.

Mr. CHITTY opened the pleadings, and stated,
that thts was an action against the defendant for
•cducittt; rie plaintiff's daughter; per qtiod
turn awisit. The defendant ,pleaded the general
issue—Not Guilty. :
Mr. GURNbY Stilted the case with much pathos
and eloqin•ace; the leading circumstances were as
todow :—The plaintiff wits a respectable farmer,
now in decavetLeircilmstances, residing at Wat-
ley, in this county; the defendant had been a
Cap•ain in the 10th Foot, and had served in the
Tate campaigns on the Continent. The defend-
ant, who was-40, some years since married a lady
of considera.ble fortune, with whom, it seemed,,
he had lived for a short time, not in the roost
.perfect state of connultiAl felicity, for, after a
cohabitation of d shnr«hiraton, articles Of se-
paration were agreed upon, the lady being pro-
vided with .a handsome separate maintenance, and
the gentleman being left in possession of an ele-
gant establishment. The plaintiff ‘vas • the father
of two daughters, but his means were so limited
that he declined almost all intercourse with his
more Wealthy neighbours, although he had given
his children a liberal education, and so much
were his circumstances reduced, that his children
had become his domestic servants. It appeared
that the plaintiff, at the time of the tilliollllll3ie
affair in tprestion, was unknown to the de-
fendant, and consequently neither had seen the
other at their houses respectively. The tin-
fortunate acquaintance which` ed to the seduc-
tion of the pliintiff's danghter commenced by
the casnal civilities arising front the lady and
the defeadant frequenting the same church. In
the result an intimacy was fot,ined which ended
in the seduction of Miss Grove, and the birth of a
child. It was pressed as a circumstance of aggra-
vation on the part nt the defendant, that the se-
duction was effected at a time when the plain-
tiff's daughter was lahoutring tinder a state of
mental derangement. In the statement of the
case, it was admitted that before the acquaint-
anceship of the defendant with Miss Grove, the
latter had the misfortune to experience an inter-
cunt se with another person, who had accomplish-
ed his object by violence. .Criminal proce, dings
had been adopted towards that person, hut the
cane of injury having been compromised by a
suitable compensation, those proceedings were
diopred. This circumstance-was conceded, as' a
Matter of ‘,rhieli the defendant mig'it' make the
most in mitigation of daaage,s; but the feature of

he ea,e'tt hich rit'sse,l• nuis‘ strirngly•against the

lattet, , was, his .havi.ro,,,•t:akvh ativAhtage of 11.1iss
Grove at a lithe w hen' she was laboatiog. under
mental (let tinge:meat. , • .

Hiss-Grove,who..appeared•to be a youtag woman
horde, lug lipon thirty, emaciated in person, and
preserving lets, pe'rSonAl attractiooS, stated all

the circumstances of tie - defend Int's cpuuship,
and tier final min, which produced the hitth of a
itow

Oi her croiq - xamirati.on by \lr. MOillyATr,
site admitted that her first incercours'e With the

defendant was egeered under very peculiar .cir-
coni,,talleeS, to►► indelicate to tneni ion,
_She stited
that on one o.ccaion she received a poun►l note
trot(' the defendant' in Church, awl on
_another,
(hot she received two bottles of Cape Madeira in
the sante place, which she afterwards drank in
her own chawher. ,

Mr. MARRY ATT addressed the Jury with consi-
derable ability and emphasis on the part of the
defendant, cor►teuding, under the circumstances
of the ease, that their could be no dilficuthy in
seducing a Lady wbu had gone through the or-
deal of a previous violation, which had never been
punished with the,:severity of the law.
-The Jury found a verdict for the plaiatiff—
,Danoges, 250/.

YORK, JULY 22.

CURIOUS CASR.—Dmrinv V. wILKP.s.

This case, as Opened by Mr. RALNE, promised
immense,aniusenient, but an informality in the
declaration soon stopt it. A sailor offered to leap
from IVoodtord7bridge, if they collected oue goi-
nea-6s. for himself, and 15s. to drink. The u►o-
tiey was collected, and the sailor leaped and won.
The party began to drink, when Colin, a butcher,
joined them. Dobson, one of the party, and now
plaintiff, liked not this. But Colin was observed
to drink out of his turn. This was altogether into-
lerable, and Dobson could refrain no longer. '1 t..
butcher could pay o bowl otpuuch as well as Dobson.
Dobson denied this, and offered to het 3001. At the
some t irate he produced a bill of 301. The butcher ac-
cepted the bet, and exhibited his 301. bill. Dub-
son added 10/ more. The butcher made no fur-
ther exhibit ; but it was agreed that they should
advance the 3001. on MOWIAV this mnS on.
a Saturday. Wilkes, the defendant, was the
stakeholder. On Sunday Dobson had occasion
,for money, and withdrew the 10/. froth Wilkes,
which he had a right to do, as Cohn had not
wade a, similar advance. On Monday he appear-
ed to wake his he 4 gum!, but Colin failed to ap-
pear. Dobson, therefore, insisted upon getting,
the 30/. staked, but the atikkehulder refused it.—
For this the action was now, brought. But, be-
hold, the Bill, not then due, was called money,
and hence an innnediate nonsuit.

Utitoti-HALL. Townsend, a Constable of
Lambeth, was charged with assaulting the sol-
diers Ott duty at AAtley's Anybitheatre, and or-
dered to find bail. _ ' •