Star.
London, England, 1830-08-13 00:00:00

REPORTS.

CHANCERY, Aue 12.
10 V. EMILE.
,AL and Mr. WAIRENTELD appeared in
part of the plaintiff in this cause, that
1 as against one of the defendants (Henry
the ground that he had been made a party
ti tation, or at least prevarication,
Awing plan.— to believe that'l4 claimed an interest in the
PliNeet matter of the suit.
Mr. PENES, for the defendant, submitted that in all cases where
a plaintiff thinks proper to dismiss his own bill against all or any of
the defendants. he must do so at his own costs.
The holm CHANCELLOR thought, that as thi. defendant had
ilitritelf been the cause of being made a party, and it now appeared
he tad no interest in the suit, the bill must be dismissed against
lom without costs.

WHEELER V. DUKE.
Arr. HORNE and Mr. WAKEFIELD moved that an order
of the Vice-Chancellor might be discharged. By the rid of
-Ile um orders it is directed, that in case a party shall can-
ts!ain of scandal cm impertinence in any state of facts, aida-
't. other proceeding, he shall be at liberty to take out a
warrant to have the judgment of the Master as to whether
It tq. co or not, and the Muter shall be at liberty to expunge so
nnch thereof as shall be found to be scandalous or impertinent. In
his case a warrant was taken out, sad certain parts of the state of
ficts were expunged. The complaining party,' then moved the Vice-
Chancellor that the costs of that warrant` and attendance on the
Master might be taxed and paid by the opposite party, which his
Honour ordered accordingly. This motion war made without no.
lice. The Learned Counsel contended that the 734 order being si-
lent as to costa, the other side had no right to get the order of the
Vice-Chancellor es parte, and that it ought to bell and the
parties left to make a new application to the Court iOnehvitnot
The SOLICITOR.OENERAL Opposed the motion.
The LORD CHANCELLOR thought that the order being silent
shelved plainly that the old practice should be adhered to—namely,
that the unsuccessful party in a reference for scandal or impertinence,
should pay the costs.
Motion dismissed with costs.
VICE-CHANCELLOR'S COURT, Atm. 12.
ORINDALL V. ORINDALL.
Mr. HORNE moved on the part of the defendant in this cause,
that a broker named Daly, who had distrained on certain tenants,
in defiance of an injunction of the Court, might be committed for
contempt.
The Vice-Cuaticatt.o a, after reading the affidavits, said that
there was no doubt that a contempt had been committed, and granted
the motion.

THWAITES V. GLASSINGTON.
Mr. STEwAaT said he had to move, on behalfof Mr. Glassington,
the defendant m this cause, that the surviving plaintiffs be ordered to
file a supplemental bill within three weeks, and that, in default of
bo doing, the present biU be dismissed with costa.
The Vircz-thiaxcELLo R granted the motion.

ASSIZE INTELLIGENCE.
DURHAM, TUESDAY. Alto. 10.
The LORD Cuter JUSTICE sat this day at nine o'clock, on the
Crown side, and proceeded to dispose of the remainder of the came
on the calendar.
Donal (1 Ross, a decent-looking man, was charged with cutting
and maiming one Thomas Ewart, with an axe, and with attempting
to fire a pistol at him.
Ewart, who was the chief evidence, deposed that he was a bailiff
under the sheriff of the county, and that he had • warrant against
the prisoner, in executing which he received the wounds charted to
the prisoner in the indictment. It appeared, however, that Ewan
had employed some men who had no authority, to make a caption
on the wanant, and these men forced their way into the house of
the prisoner for the purpose of seizing him. He resisted them, and
cried out " Murder," thinking that they were besetting him for
some bad purpose. Ewart got into the house, and instead of assisting
the prisoner, as he thought he had come to do, he turned against
him, and received in the scuffle the wounds complained of. He
stated his purpose and authority, and on being required by the pri-
soner to show his warrant, he refused, not having it about him.
(In this evidence the Court ruled, that as the hurts given by
the prisoner was in defence of himself against an illegal arrest
by persons who had no power or authority to take him into cus-
tody, he could not be made responsible for the violence which he
had committed.
Mr. Cookson, in support of the prosecution, urged the ease of
the King v. Thompson, in which, as he stated, the defendant had
been detained on a charge of manslaughter, for killing a man who
had illegally arrested him.
The COURT overruled this by remarking, that the use in ques-
tion supported the view which his Lordship had taken of the pre-
sent charge, as the defendant was indicted for manslaughter only,
where, if the arrest had been legal, his crime would have amounted
to murder.
Under his Lordship's direction, therefore, the acquitted the
prisoner, who was severely admonished by the learned Judge on the
necessity of restraining the violence of his temper.
Six boys, whose ages did not exceed 16, were arraigned upon a
charge of manslaughter. The prisoners, it seems, were labourers
at a cog-pit, near Gateshead Fell, in this county. On Saturday,
the 25th of July, they were seen casting large stones down the pit,
and thereby breaking down a scaffold which was erected 75 fathoms
down, for the purpose of working a vein of ironstone which was
found at that depth : the remaining depth of the pit was 25 fathoms.
The next day two men, named Tennant and Graham, were going
down the pit in a basket to their work at the ironstone, when, on
reaching that part where the scaffold had been erected, the basket
was upset by a beam, the only remains of the scaffold, and Tennant
fihl out, dawn the remaining 25 fathoms of the pit, and was dashed
t?► pieces at the bottom.
The evidence was very clear, and the jury found the boys Guilty,'
who were severely cautioned by the Judge, and sentenced to three
months' imprisonment each, at hard labour.
There being no more indictments to prefer to the Grand Jury,
his Lonnatir, after thanking them on the part of the county,
ftfr the services they had rendered, discharged them. The foreman
(General Elmer) then reported to the Court that they had visited the
criminal and civil gaola of the county, and the House of Correction,
Mid had found all in a high state of older, cleanlinees, and good it.
'platten, and the priso.ners in general well satisfied with the treat-
ment they experienced. His Lordship congratulated the gentlem.-
upon their sathfiastory visit.
Vast runs.—(allow Ms. Jest's* BATLEY.)

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