The Sun.
London, England, 1827-07-05 00:00:00

LAW INTELLIGENCE.

VICE-CHANCELLOR'S COURT, Jtrix 4.
MEREDETH V. WILTON.

Mr. SUGDEN, on behalf of the plaintiff, applied for
an injunction to prevent the defendant (an attorney)
from acting in the capacity of trustee to his estates,
and to pray that a receiver might be appointed to
the same. The plaintiff's affidavit, on which this
application was founded, stated that the defendant
was introduced to his acquaintance in the King's
Bench Prison, at a time when he, the plaintiff, was
in a state of very great pecuniary embarrassment,
from which the defendant undertook to relieve him,
on condition that he would assign to him the entire
of his property, situate in Ireland, for the purpose of
selling, with a view to pay off the debts with which
it was encumbers J. The defendant undertook, at

the same time, to pay the plaintiff 51. a week for his
maintenance, besides a daily allowance of wine.—
This agreement he afterwards thought fit to break.
The Learned Gentleman stated, that when the plain-
tiff assigned his estates to the defendant, he was not
aware that he (the defendant) was in embarrassed
circumstances, and that he had lately taken the be-
nefit of the act for the relief of insolvent debtors. It
was further alleged, that he neglected to procure for
the plaintiff, according to his promise, the benefit of
the rules of the King's Bench prison.
Mr. PEPYS, for the defendant, stated the con-
tents of his affidavit in answer to that filed by the
plaintiff; who did not complain that he had acted
wrongfully, but that another trustee might be ap-
pointed to carry into effect the provisions of the deed.
The defendant denied the allegation, alleging that he
was in the receipt of rents which he was appropri-
ating to his own purposes; so far from that being
the fact, he had not received more than 1001. from
the plaintiff's estates, and he had been out of pocket
considerably more than that sum. With respect to
the allegation that the plaintiff was not aware, when
he executed the deed, that the defendant was in a
state of insolvency, the affidavit of the latter stated,
that the fact was well known to the plaintiff. The
affidavit also denied that the defendant withheld
the allowance of 5/. a week, until proceedings were
commenced against him.
The VICE-CHANCELLOR said, that the deed was
but a voluntary act on the part of the plaintiff, which
he had it in his power to recal when he pleased, and
Mr. Wilton could find no legal pretext to act for a
longer period as trustee to the estates in question
than the plaintiff wished him. Under all the cir-
cumstances of the case, his Honour was of opinion
that Mr. Meredeth was entitled to an injunction, and
also to have a receiver appointed to his estates. But
the defendant might, if he thought fit, go to the
Master for an account of all reasonable expences in-
curred by him in the execution of his trusteeship, and
he might claim to be paid out of the first rents of
the plaintiff's estates.

HUNTER V. BELL.

In this case it may be remembered that an in-
junction wtq moved for to restrain the defendant
from endorsing or negocisting a promissory note for
a gambling debt contracted at the Doncaster races.
His Honour refused the application, on the ground
that it was completely ex parte, and that notice
should have been served on the defendant. Mr.
Pepys now stated that notice had been served ac-
cording to the directions of the Court, and his
Honour granted the injunction accordingly.

COURT OF KING'S BENCH.-JULY 4.
THE KING AGAINST SUTTON AND OTHERS.

Mr. BROUGHAM moved for a writ of certiorari, to
remove an indictment which had been found at the
Middlesex Sessions against five defendants, one of
whom was a Director of the East India Company,
into this Court. It was the second prosecution under
Mr. Perceval's act, 49 Geo. 111., for preventing the
sale of cadetships. Many intricate points of law
might arise, and the parties wished to have a special
jury.—Rule granted.
Mr. BROUGHAM also moved, at the instance of
Sir William Brabazon, Sheriff of Mayo, for a rule to
show cause why a criminal information should not
be issued against the editor of a newspaper, for a
most atrocious libel in the report of a speech, al-
leged to have been spoken by a Member of Parlia-
ment, but which libel Sir William felt confident
was never spoken, and indeed, Mr. Brougham added,
it was not. Mr. Brougham was aware that it was
not the practice of the Court to grant a criminal
in-
formation on the last day of Term ; but Sir Wil-
liam
Brabazon was anxious to take the earliest op-
portunity of showing his indignation at this atrocious
libel, which went so far as to impute to him the
crime of murder.
Mr. Justice BAYLEy.--The Court will remember
that the matter was mentioned this Term,
when you
again make the application.

COURT OF COMMON PLEAS, JuLy 4.
DU VERGIER V. FELLOWES AND OTHERS.
This was an argument on a demurrer. The ac-
tion was to recover 10,0001. on a-bond given by the
defendants to the plaintiff, for certain service which
he engaged to do them. The defendants were the
proprietors of the Belmont Distillery, and had ob-
tained a patent for the distillation of brandy from
potatoes. BA this patent it was expressly
provided, that no more than five persons should be
admitted to a share in the distillery, and that these
five persons should not presume to act as a corpo-
rate body. During' the great- mania for joinT.,however,eveorf,
the
which raged in 1825,
proviso
in their
pl-
tent, proposed to dispose of the distillery to a com-
pany, and for that purpose engaged the plaintif,
who undertook to procure 10,000 subscribers fir
shares at 50/. each, and for this service he was to ra-
ceive 10,0001., secured to him by the bond of tie
defendants. The plaintiff, in fulfilment of his en-
gagement, had obtained a great many subscribes,
when the panic that had so greatly agitated the ciy
and proved so fatal to joint-stock companies, hroie
out, and prevented him from the completion of lis
undertaking; and it was determined that the Con-
pany should not be gone on with. The plaintif,
however, claimed the 10,0001. on the ground that
he should have fulfilled his engagement had fie
Company gone on. The defendants refused tlis
claim, and the plaintiff now brought his action to
recover it.—Judgment deferred.

Mr. Sergeant
A rule was obtained in this case by
SCOTT AND WIFE V. CLZVENT.
WILDE on Monday last, calling on the plaintiff to
show cause why he should not disclose the place of
residence of himself and wife.
Mr. Sergeant BOSANQUET this morning appeared
to show cause against the rule. He stated that the
affidavit on -which this rule had been obtained would
be found to be one at least quite novel in principle.
It stated that the action was brought for the publica-
tion of certain of in
davits, which had been filed the
Court of Chancery in the case of "Wellesley
Beaufort," in which Susannah Scott, the female
plaintiff, was charged with the crimes of theft and

adultery. The defendant pleaded a justification to
this publication, and stated that it was necessary to
his defence that some of his witnesses should have
an opportunity of identifying the female plaintiff.
The Learned Sergeant then ran over the greater
part of the affidavit, and was proceeding to read
some parts which imputed motives to the Misses
Long, when _

The LORD CHIEF JUSTICE interrupted him, ob-
serving that if such imputations were in the affidavit,
it was exceedingly improper.

Mr. Sergeant BOSANQUET then abstained from
reading any further extracts from the defendant's
affidavit. In the present case, a justification had
been pleaded, and the Learned Sergeant contended
that it was not, therefore, a case in which the Court
could grant such an application, the defendant having
taken on himself to prove that the female plaintiff
was guilty of the crimes alleged against her in the
affidavits which he had published.
The LORD CHIEF JUSTICE—Before you go any
further, Brother Bosanquet, would it not be wise in
you to let them see this woman ?
Mr. Sergeant BOSANQUET—My Lord, she is not
in this country.
Mr. Sergeant WILDE, in support of the rule, stood
only on the justice of the case, and submitted there
never was a case in which such a disclosure was so
absolutely necessary as in the present.
The LORD CHIEF JUSTICE—Does your affidavit
state that it is necessary for your defence ?
Mr. Sergeant WILDE.—It does, my Lord.
The LORD CHIEF JUSTICE.—We are anxious not
to introduce new rules; and even were this motion
granted, you would still be in difficulty. Suppose
you settle the matter in this way, Let the plaintiff
discover the place of abode, upon the defendant's
giving four days' notice of the names of those wit-
nesses whom he is going to call to prove the charges
against the plaintiffs.
After some further conversation, Mr. Sergeant
BOSANQUET proposed to give the place of abode of
George Scott, but the wife being in Paris, it was
impossible for him to say precisely where she was to
be found; but he would undertake to give the
nearest direction he could from the date of the last
letter the husband might have received, provided he
had notice of the witnesses who were to be called to
substantiate the charges against her.
This proposal was agreed to by Mr. Sergeant
WILDE.
The LORD CHIEF JUSTICE wished it to be under-
stood that the Court had come to no decision svtnat-
ever in this case.

COURT OF EXCHEQUER, JULY 4.
EMERY V. EMERY.

This was an action in which the plaintiff, who is
father to the defendant's wife, sought to recover of
the defendant a certain sum of money, claimed by
him for the board and lodging of the defendant's
wife. Mrs. Emery having left her husband's house
in consequence of his violence, took refuge in the
house of her father, where she was protected and
maintained. The Jury returned a verdict for the
plaintiff, which verdict the defendant moved the
Court to set aside, on the ground that he had given
his wife notice to return to his house, and therefore
the plaintiff was not justified in maintaining her sub-
sequently to such notice.
Mr. ALEXANDER now prayed the judgment of the
Court, upon which
Mr. Baron GARROW and Mr. Baron HuLLoCx
stated their opinion, that where a husband treated
his wife with cruelty or excessive violence' 'she had a
right to quit his protection, and seek for refuge
wherever she could procure it ; and those who re-
ceived and maintained her had a clear claim in law
upon the husband for the amount of her support.

The LORD CHIEF BARON did not differ with his
Learned Brethren as to the law upon the subject ;
but doubted that the facts constituted such a case of
continued cruelty and violence as warranted this
lady in remaining away from her husband's house.
The only violence proved, arose from an occasional
quarrel, originating in a feeling of jealousy on the
part of the husband, in consequence of his thinking
that she WE•I3 Orl. Ao.c•
man. However, as the majority of the Court were
of another opinion, the rule for a new trial must be
discharged.

IMPROVEMENT at St. BRIDE'S CHURCH.

Yesterday a Public Meeting was held at the
London Tavern, for the purpose of raising a sub-
scription to defray the expence of the improvements
of St. Bride's Church.

Mr. Alderman TuompsoN took the Chair, and
briefly mentioned, that a fire having taken place
in Fleet-street two years ago, by which some houses
that intercepted the view of St. Bride's Church
were burnt down,a few gentlemen formed the design
of purchasing the ground, to preserve a view to the
public of that beautiful building, the work of the
great Sir Christopher Wren. A subscription for the
purpose was set on foot, and Mr. Blades, of Ludgate-
hill, became the treasurer, in consequence of which
he was at present in advance about 14,6681. 19?.;
and it was to wipe away the disgrace of allowing
that heavy loss to fall on a public-spirited individual
that the present Meeting was called.
Mr. Alderman LUCAS inquired how much had
been subscribed by the Alderman of the Ward ?
Mr. BLADES—Nothing.
Mr. Alderman LUCAS then put down his name for
five guineas ; and recommended a collection to be
made from house to house.

Mr. SPOTTISWOODE, M.P., warmly urged the ne-
cessity of re-imbursing Mr. Blades.
A List of Subscribers to the amount of 4501. was
read, in which were the names of the Bishop of
London arid Mr. Hoare, of Fleet-street, 501. each ;
and Samuel Rogers, Esq. 20/. About .50/. were
subscribed in the room.

Thanks were voted to Mr. Blades, who expressed
a hope that he would not be left in the lurch.
Thanks were voted to the Chairman, after which
the Meeting separated.

AN INFANT JANUS.---A child was lately
born in Paris, which lived for a quarter of an
hour, having two faces ; and all the organs be-
longing to them, namely, those of taste, sight,
and smell, double.
A woman in Warren county, N.Y., on re-
turning
to her infant, which she had left for a
short time, found a large black snake coiled
around its neck, which she immediately seized
and
destroyed. The child was unhurt.— Ame-
rican Paper.

A
gentleman who has recently returned from
a Journey through Galloway, Dumfries-shire,
and great part of Lanarkshire, says, that the
promise of harvest, throughout the whole of
these districts, is uncommonly abundant. Wheat
in most places was getting into ear, and in Gal-
loway it was not so deficient as in Dumfries-
shire and Lanarkshire. Oats and barley looked
remarkably well, and gave assurance of abund-
ancefodder as well as of grain. Hay cutting
vv,aof
s become
ome almost general. The rye grass was
strong and luxuriant, but a want of clover in the
bottom was complained of. A proof, however,
that this deficiency of clover cannot be great, ap-
pears in the number of large ricks formed on
Most of the fields which came under our friend's
observation. In one near Whithorn, in the
parish of Glasserton, Galloway, the number of
ricks of the largest size upon a single acre,
amounted to fifteen, and many instances of a
similar kind were remarked by him in other
parts of the country. The potato crop was ad-
vancing very rapidly, but few had been dug, ex-
cepting the earliest kinds in gardens. Sheep and
cattle were in fine condition, and farmers antici-
pated good results from their summer's grazing.
_Edinburgh Evening Courant.

THE LATE BATTLE NEAR ATHENS.

(FROM A PRIVATE LETTER.)

About the latter end of last month, Lord
Cochrane, in the Greek frigate Hellas, accom-
panied by two or three brigs, and an English
schooner—his yacht—put into Port Lione, about
five miles from Athens. At the further end of
the harbour was the monastery, which was then
in possession of about 500 Turks. Generals
Church and Karaiskaki having drawn up a force
of two or three thousand men, out of musket
shot from the monastery, steps were immediately
taken to attack it, both by sea and by land.—
However, Lord Cochrane, with the guns of his
frigate, knocked the whole building down in less
than an hour. The Turks beat a parley ; Lord
Cochrane sent two men on shore ; they shot one
and sent the other back to Lord Cochrane, with
their compliments, to tell him what had happened,
and they would treat with no one but his Lord-
ship in person. Lord Cochrane did not go
himself, but sent his Secretary with a flag of
truce. As soon as the boat came within range
of musket shot, they let fly at it, thinking all
the time that Lord Cochrane was in the
boat ; there was only one of the boat's crew
killed. General Church having by this time pre-
vented all possibility of escape, the Turks agreed
to surrender on being allowed to go out with all
honours of war, and having their lives gua-
ranteed. Lord C., who by this time had reached
the shore, refused to sign the treaty, unless lie
was allowed to embark all the prisoners in his
boats. This the Turks objected to, and accord.
ingly they agreed to give themselves up on the
above-mentioned conditions to Karaiskaki.—
These terms were subscribed to on the part of
the Greeks by Generals Church and Karaiskaki.
The Turks swore that they would sooner part
with their lives than with their arms, and it was
therefore stipulated that they should retain them.
Accordingly the Turks marched out with all the
honours of war, the Greeks being drawn up on
each side of them. They had not proceeded far,
when one of the Greeks, wishing to take a pistol
from a Turk, the Turk shot him dead. This was
the signal for the most brutal massacre that ever
sullied the hands ofman. In open violation of the
solemn treaty that had just been concluded,
were these wretched prisoners horridly butchered,
with the exception of 20 or 30, who escaped.
The number of prisoners thus brutally murdered
amounted to 250, the remainder of the 500
having been slain in the defence of the monastery.
General Church threw up his commission in dis-
gust, and Colonel Gordon, who may be ranked
among the truest and best friends of the Greek
cause, has left them. Who will say, after this
that the Greeks deserve the name of Christians ?
The Government have so successfully cajoled
General Church, that he has resumed his
commission, and is once more Generalissimo
of the Greek cowards. So much for the affair
at the monastery. On the 29th ult., 3,000
Greeks were landed in the plain of Athens, to the
right of the Phalerum. These men were intended
for the relief of the Acropolis. A sufficient
number were to relieve the garrison, who were to
quit the Acropolis, together with all the
women, children, and the non-combatants.—
Three hundred men were posted in a wood, to
check the advance of the Turks. The Greeks
had arrived within hail of the Acropolis, and were
actually holding a parley with the garrison, when
the Greeks positively refused to go a step far-
ther, before they had erected little breastworks to
defend themselves from the fire of the Turks, in
trearfteuarrelt

orks_re are
canen y i ss t. iouri. rwhe Greeks
dug ditches on the inside of tile tambouri. In
the mean time the Turks got information of what
was going on, 4and sent a body of cavalry, 1,000
in number, to attack the Greeks. They were a
condemned regiment, that is to say, they had, by
some crime, forfeited their lives, but had been
reprieved, on condition that they should enter
the army, and eclipse all other regiments by their
valour in the field. Their officers do not en-
gage in the fight, but stand at a distance and
observe them. If they run from an enemy,
they are instantly beheaded on their return.—
Well, the Greeks had erected fourteen of
these tambouri, each at some distance from
the other, and had thus separated their forces.
The Turks made a furious charge at one of the
tambouris, in which were 400 men. Their
horses leaped the tambouri with the greatest
ease, and came in the midst of the Greeks be-
fore they were aware of it. The whole of
the four hundred men were cut down to a
man. This created such a panic, that the
Greeks fled in every direction. Fancy a
body of undisciplined and half-armed in-
fantry in the immense plain of Athens, pur-
sued by 1,000 cavalry, mowing them down by
hundreds. The only resistance made was by
500 men, composed of Suliots, and about ten
Philhellenes. They were commanded by Cap-
tain Inglese, a brave Suliot, once in the pay of
Lord Byron. They were, with their gallant
Commander, cut to pieces. Lord Cochrane
had a most narrow escape. He was with his ne-
phew, Mr. Sutton, behind one of the tam-
bouris. The Turks galloped towards him, but
from some unknown cause, wheeled off to attack
another redoubt. By this time Lord Cochrane
and Mr. Sutton were the only persons remain-
ing at their tambouri. Mr. Sutton repeatedly
urged Lord Cochrane to flight, but in vain. At
length the Turks, getting a sight of his Lordship,
thoe
twh-aes obliged
beach,witloitirinern bride ai
Ttlrkspcairtstuuei:gclwhoimn,
he was obliged to run up to his neck in water,
not having time to wait for his boat landing. The
Greeks lost 1,500 men in killed only.

Karaiskaki is dead ; he was shorin the blad-
der, the night after the affair at the monastery,
and died in one of the boats belonging to the
French frigate thlloll, while going off to her.
Lord Cochrane told me he never saw men fight
more bravely than the Turks, or hares run faster
than the Greeks.

P.S.—MAY 21—Nothing new. Athens has
refused to capitulate on any terms. They sent
word to the Seraskier, that if he wanted their
arms, he must come and fetch them. Poor
Fabvier ! I fear he will be sacrificed. He is a
brave man, ana cannot be too highly esteemed.
Lord Cochrane and Mavrocordato both told me
that they have no hopes of relieving Athens. It
is said they have water and corn in the Acro-
polis for two months, but very little ammuni-
tion. Would you believe it, Mavrocordato as-
sured me, that there are 1,500 non-combatants
in the Acropolis, 1,000 of whom are women
and children ; fighting men, only SOO ? Fabvier
has so completely mined the place, that it is
said, in the event of being driven to the last ex-
tremity, they will kill their wives and children,
and blow up the Acropolis.. How the Chris-
tian Powers of Europe can remain passive and
willing spectators of such an effusion of human
blood, is to me as inexplicable as it is disgrace-
ful. Oh, England ! boast not
in future of thy
humanity or love of liberty.