The Sun.
London, England, 1827-08-16 00:00:00

LAW INTELLIGENCE.-(THIS DAY.)

COURT OF CHANCERY.

DON D. CLARKE.
Mr. HEALD stated in this case, that an order had
been made by the Court below, directing the de-
fendant to bring into Court a given sum of money ;
the defendant did • not comply, and a subsequent
order was made by which the defendant was com-
mitted to the Fleet Prison for contempt. An
application was made to the Vice-Chancellor after-
wards to- suspend the execution of the order of
committal, upon the defendant's giving security, to
the satisfaction of the Master, that the defendant
would surrender himself, after a decision of the
Prerogative Court should be pronounced , upon a
question arising out of a will, should it then appearl
necessary that he should be committed. The Vicel
Chancellor refused to comply in modifying the order
in the way proposed, and the present motion was a.:?
repetition of that application which was made to hiss'
Honour. Mr. ROLTPEL and Mr. SEvmoust wero,
with Mr. HEALD.
His LORDSHIP suggested that the applicatioq
ought to have been to vary the order.
Mr. ROUPEL submitted that the object of the pre-
sent motion was de facto to vary the order.
His LORDSHIP hardly thought it was competenQ
for the Court to vary it, unless 'upon a petition that
distinctly prayed that.
Mr. SUGDEN was on the other side. He never
knew a ease in which an order of committal had
been more properly made. The defendant had neg 4
lected to pay into Court the money be had beeo
called upon to bring here. If he had spent that money,
it was clear he had not done so until after it had been
made known to him that the plaintiff meant to contest 4
the right to that money. Independently of the point
of form, which was.insuperable in the present case,.
lit- the Court were to enter into the merits, he (Mr.' -
S.) felt satisfied that his Lordship would not for an„
instant think of relieving the defendant from the.
i
effect of the order as it had been made.
Mr. HEALD was quite sure that the Court would!
not allow this case to be carried by clamour andi
acclamation.
Mr. SIit:DEN rose in the greatest heat, and pro- t;
tested against Mr. Heald daring to make such a
statement. Mr. Heald had no right to do so, and
he (Mr. Sugden) would not allow him, nor any man
living, to do it. He had been addressing the Court ~
properly, and would not suffer Mr. Heald to treat '',:;
him in this way.
Mr. HEALD did not mean his observation to ap-;'.
ply to Mr. Sugden exclusively.
Mr. SUGDEN alike objected to it if it were meant
to apply to him inclusively ; it was exceedingly im-
proper, and ought not to have come from any body.
Mr. HEALD had cautiously avoided entering in ,
any manner into the merits of this case; he had con-
fined
himself narrowly to the point of form, but Mr.
Sugden had taken every opportunity of edging in
an observation to the disparagement of the de-
fendant. The defendant, it was true, was in prison
at present, but he might live to get released, and,
if he did, he certainly would feel that Mr. S. had;
been grossly libelling his character, in stating that he
had neglected to bring into Court the money he.was
declared bound to have brought in. Upon Mr. S. mak-
ing this statement, Mr. Roupel probably having felt
indignant that his client should have been so libelled,
he wished to make an observation, Mr. Seymour
also wished to speak, and therefore in the midst of
three or four attempting to taa around him, he
had made the observation, that he did not mean it
to apply to any individual, as he had already said.
Mr. SUGDEN considered that Mr. Heald had given
the original offence.
Mr. HEALD meant to have given no offence.
Mr. SUGDEN observed, that whether Mr. Heald
meant it or not, he had given it, and he would state
publicly, that he Mr. H. behaved as rudely as any
one gentleman could behave to another.
Mr. HEALD felt certain that Mr. S. would regret
hereafter having now made such a statement.
Mr. SUGDEN cared not for that; he had no hesi-
tation in making that statement publicly as he did.
His LoßtistllP endeavoured to interfere several
times, but the warmth of the gentlemen at the bar,
for a time prevented him from making himself audi-
ble ; at length he was heard to say he thought these
statements ought not •to.be made in public. As to
the application itself, he could not interfere upon
the present application; it appeared to him to be a
hard case; he would consult with the other Judges
of the Court, and if be found any thing could be
done hereafter in the way of relieving this gentleman,
he should be glad to afford every facility in his
power; if not, the defendant would have to present
a petition, should he be so advised, to vary the terms
of the order that had been made.

?ERRE V. WELTER.

, that in this
n behalf of the
casSei
irleCthiAandLEtos NairpEplTynEeux7alLLT.riset,atoed
plaintiff, for an injunction against the defendants.
The plaintiff had printed a system of education,
called the " Perrian System ;" he gave lectures to
schoolmasters and schoolmistresses, upon his prin-
ciple of education, and put into their hands his pub-
lication, upon an agreement that they would not
make use of it, out of their schools, or in any way
publish it to the injury of Mr. Perry, without his
licence and leave. MiQs Sophia Weller, one of the
defendants, keeps an Academy in the Hackney-road,
she had attended the plaintiff's lectures, and havinggot
his book, put it into the hands of her brother, who
was a publisher, and who is the other defendant.----'
He has since published a small pamphlet, which he
declares contains several extracts from the plaintiff's'
work, which the injunction sought to restrain him.
from publishing, and also to restrain Miss Weller
from further using the book in any way whatever.
Mr. COOPER here intimated that the bill was only
filed yesterday; the plaintiff had served the defend-
ants with a subpmna. As they now appeared, he
submitted this motion could not be made without
notice being-given to the defendants.
His LORDSHIP considered this objection fatal, and
refused the injunction.
The Lord Chancellor rose at five minutes past
twelve o'clock.

LIVERPOOL, Atm. 14.—There has been a
fair and steady demand for Cotton to-day, and
the sales amount to 1,500 bags, at yesterday's
prices. The demand, has been almost entirely
for American Cottons, and 300 bags of boweds
have been taken on speculation from 54d. to God.
per lb. ; they were chiefly of low description.
MANCHESTER, AUG. 14.—Goods arc selling
tolerably well, with a trifling improvement in
some articles. Printers' Cloths particularly, are
said to have experienced a small advance. Fustians'
and other heavy fabrics remain in last week's
Istate. Silks are still brisk, and in light fancy
Cottons there is no depreciation.

SHIPPING INTELLIGENCE--(THIS DAY.) CARLISLE ELECTION.
FROM LLOYD'S. t:. (FROM A COUILESPDXDINT. )
DEAL, AUG. 15.—Wind S.W.—Arrived the Her-1 SECOND DAY.—TUESDAY, Ace. 14.
cules, Vaughan, from Singapore. Arrived from • At nine o'clock this morning a tally of Ye:to:vs
London, the Offley, Stayers, for the South Seas
;ascended the steps of the Moot-hall, along with the
the Daedalus, Bunce, for Richebucto; the Brilliant, ,
Mayor, Col. Lushington, and friends. The arrange-
ment for the day was to receive the votes upon the
piNalrotrer(iis,frfoomr Nhee,:yalYicobrokr.
anTdlcieabMleanthlyis,
moforYnainrgm,ouatnhd,
has since been supplied with one from hence. PA steps. The Blue tallies were to be received on one
PLYMOUTH, AUG. 14.—Wind S.W.—Arrived the /side, and the Yellows upon the other. Police
Restitution, Bell, from St. John's. 1-ss' Officers were stationed to prevent any from ascend-
The Lara, Barker, bound to Constantinople,o
lingxcept the parties, and a tally at a time. Mr.
Dixonx and Mr. Bendle, the agents for the Blue
s got in the afternoon, pro
which
off iii
oreatßothearnhditheyeeesetde:ddaNyvimthooriui-ti
damage. party, who had been waiting at their gate a long
The Felicite, Hurot, from Bordeaux to Vera Cruz, time before the Mayor arrived, were still refused ad-
-1 was wrecked near St. Jago de Cuba previous to the mittance, which excited much disapprobation from
119th June ; crew saved. the populace. At last it was explained to them that
only one agent of a side could be received, and only
Mr. Dixon could be admitted. This was far from
satisfying the Blues, because there were at the time
'several attorneys for the Yellows on the steps. At
length a Blue tally came up, when Mr. Brougham,
Mr. Dobinson, and Mr. Bendle, endeavoured to ac-
company their candidate (Mr. Lushington) ; but
their seemed to be only room for Mr. Wyburgh
(Mr. Lawson's father), and the Mayor persevered
in his refusal to open the Hall doors, notwithstand-
ing it was raining hard all the day. The mob con
tinued to take part in the wordi war, and, by their
clamour, to second the arguments which they sup,
posed their friends to be urging against the conduct
of the Mayor. The table or stage, to which I al-
luded yesterday, was this day occupied by three
'poll-clerks, as their writing-table, and the only space
allowed for the candidates, their agents, and friends,
was that which remained behind this table, and
where the Mayor himself also stood. Positively
half a dozen could not stand there in any decent
order. No person who had arrived at, and had not
exceeded, the years of discretion, could have ordered
the arrangement so badly. The people, as I said
before, are less violent in deeds than in words, and
it is well for the peace of the city that they are so.
An old and respectable freeman of the city, and a
temperate man, said to me to-day, " I should' have
suspected that the contagious jealousy of the new pc-
' lice establishment was operating at the time in in-
• creasing the difficulties by the provocation of out-
rage ; but then I correct myself, by reflecting that
there is nothing new in this conduct. One blunder
follows so quickly upon another, that the people are
not allowed time to mature and concentrate their
resentments against any one part of their conduct. I
wonder that the noble family by whom they are pa-
tronised are so blind to the evil, seeing that it creates
against them a strong body of anti-Corporationists,
in addition to their own personal and political foes."
I believe the matter is very generally observed in
this light by all except his Lordship and the Corpo-
ration ; and I cannot think that the dormer is quite
blind to it.
About mid-day the rain beat so violently upon the
platform, that it was deemed necessary to cover it
with canvas awning. The Colonel left the poll-
booth about eleven in the forenoon, and Mr. Lawson
retired about two ; but both the candidates had re-
sumed their places before the close of the poll.
The Yellows did not bring up many full tallies,
and were allowed to break through the Mayor's re-
gulation on that head. The Blues, however, showed
no disposition to follow the example, which was
rather surprising, as it was evident that the Yellows
were gaining ground upon them by their bringing
up fewer at a time, and not waiting to make up tal-
lies. Besides, the more frequent presence of their
colours and music greatly raised the spirits of their
party, who, from this or some other cause, I am
sorry to say, did not bear their success with meek-
ness, but during the long intervals that the Blues
were absent, embroiled themselves with luckless
freemen who came in their way, and did not fail to
mark with a bleeding face any one ?who refused to
go up with them to vote for Lushington. The New-
castle mail drove in with a blue flag, and some of
the freemen from that place. Shortly afterwards
followed the Newcastle stage, with more Blues,
amidst the cheering of the Lawson party. A new
ensign was displayed on this side to-day :it was a
blue flag, with broken fetters suspended from its
staff, and the flag was inscribed, on the one side,
No Slave Trade ;" on the other, " Lawson and
Independence." Both parties had evidently been
drinking freely, and there was occasionally some
sparring.
At four o'clock the state of the poll was an-
nounced to be—
For Lushington 175
Lawson... 153

Majority for Lushingten... 22
This was received with a mixture of applause and
disapprobation.
Col. LUSHINGTON then came forward, but the
uproar which prevailed rendered it quite impossible
for him to obtain a hearing; and, after making se-
veral ineffectual attempts, he retired to his quarters.
Mr. LAWSON cannot be considered much more
successful in this respect; for, though chiefly the
Blues remained to greet him, their plaudits were se
tumultuous, that he made but very little progress in
his speech. I should also state, that he had pre-
viously made an unavailing effort to obtain a hear-
ing for Col. Lushington. All that I gathered from
the present address was, that notwithstanding his
present situation on the poll, he had every confidence
In the success of their cause; and he told'them that
to-morrow he should be at the head of the poll. He
wished to call their attention to a letter which he
held in his hand; but he might as well have at-
tempted to prevent the clouds
in
from pouring oub
rain, as this mobility from shouting forth acclama-
tions. I obtained a sight of the letterquestio,:,
who,uc„ is not the son, but
and am enabled to acquaint you with its purport. it
was addressed to Mr. James Brougham, I believe,
and stated that a Carlisle freeman, residing in Edin-
burgh, had received 101., inclosed in a letter, signed
leWn.epNh.eHwoodfgasocni,t;
fn functionary, find,
and is one of Col.
Lushington's agents. The letter, of course, invited
the freeman to come and vote for the Colonel ; but
the freeman returned the money by the post, by
which he informed Mr. Brougham that he will now
certainly come, and vote for Mr. Lawson. ' The
Blue crowd have followed Mr. Lawson to his quar-
ters; but the rain will probably soon disperse them.

DREADFUL AND ALARMING FIRE—A
ire of a very alarming nature, broke out last
night, at about eleven o'clock, on the premises
of Mr. Skinner, oilman, in Cripplegate-build.
ings, Monkwell-street. In a short space of time,
from the inflammable nature of the goods in such
a shop, the whole house was in a complete blaze.
Several engines soon arrived, and a good supply
of lte- ,btai but the firemen, finding