The Sun.
London, England, 1827-03-29 00:00:00

VICE-CHANCELLOR'S COURT.

INJUNCTION TO RESTRAIN THE PUBLICATION
OF PRIVATE LETTERS.
CULLY V. WELSH.
Mr. TINHEY applied for an Injunction to restrain the
defendant Welsh from printing or publishing certain private
letters, written to him by the late Messrs. Mathew and
George Cully, whilst he was employed by them as a solici-
tor. These gentlemen have since died, and the em-
ployment of Welsh has ceased. The correspondence which
passed between them during the continuance of his agency,
contained a great deal of matter of a strictly private nature.
The affidavits stated that the defendant had printed notices
of his intention to publish the correspondence. The Learned
Gentleman admitted that this limiter had been going on for
a long time. A prospectus of the publication had
been distributed, and advertisements announcing its ap-
pearance were inserted in Cie public newspapers at
Newcastle-upon-Tyne, and every means were resorted to
for the purpose of giving notoriety to the
puhlica-
tion. It was true that twelve months had nearly elapsed
since Welsh first threatened to send forth these letters to the
public, but the applicants were shortly after informed that
he had abandoned his intention, alai therefore it was that
they took no steps to prevent it at the time. Two of tho
applicants, however, saw the manuscript within the last
she weeks in the bawls of the printer, and stated distinctly
in their affidavit that the letters, besides matters relating
to the professional agencyof Welsh, contained a great deal of
w hat was strictly private and confidential; that they disclosod
matters connected with the private circumstances of the
gentlemen by whom they were written, the disclosure of •
which was calculated painfully and injuriously to wound
the feelings of their family and representatives. The
affidavits further set forth that Welsh could have no
other motive for the conduct he was about to pursue,
with reference to the letters, except the hope of
pecuniary advantage ; that intimation had been given
him of the impropriety of the intended publication, and
that the son of Welsh said in allusion to it, that
money was a great object to hie father, and that none of
the parties could prevent him from doing what he pleased
with the letters. It was farther stated, that within the last
eight days, an offer was made on the part of Welsh, to give
the letters up for a sum of money, which was refused.
The VICE-CHANCELLOR inquired on whose behalf the
application was made.

Mr. TINNEY said, that the applicants were George an('
Mathew Cully, the sons and heirs at law'of the writers o:
the letters, and a Mr. Bates, the executor of one of them.
The Vres-CztAxcHr.Lou.—Then take the injunction.

KINWORTIIY V. ISINCHCLIFP I.

A petition was presented on the part of Mr. Eastbrook,
the receiver in this case, stating that he had, previously to
September, 1825, lodged in the bank of Messrs. Sutcliffe
and Co. a sum of about 9001., which came into his hands
as receiver of the estate of Joshua Kenworthv.—
The money was placed to a separate account,
and not mixed up with his own. Mr. Eastbrook
having► soon after heard of the growing embarrass-
ment of the Bank, applied to them and succeeded in getting
a sum of between two and three hundred pounds, part et
the money so deposited. The Bank shortly after failed ;
there still remained a large balance, and the petitioner pray-
ed that he might riot be compelled to make up this defi-
ciency, inasmuch as he had not been guilty of any fraud or
culpable inattention to his duty. The county of York in
which he resided, was at the time, in a very disturbed
state, and therefore he submitted that it would have been
unsafe to keep it in his own house.
It was admitted by all the parties in the suit that the
conduct of Mr. Eastbrook was not open to the slighest
suspicion.
The VICE-Cualiciatoa could not make any order
until he should have before him the result of an enquiry
into all the circumstances of the case. This v: as the more
necessary, as one of the parties interested in the fund was,
an infant. His Honour said, that he would himself draw
up the order for the enquiry.

SALEOPLITERARY
i
day, it Garraway'e,PßOPEßTY.—On 'Ries-
was sold by auction, by Mr. ,Simpson,
the copyright of the 'c T,Tuiyersid Cambiet ;or, Commercial
Instructor :" pubrudied in 2 yols. -Ito. at four gunisse.—
The copyrwas knocked down at 1,5001. It was written by Dr.
Kelly, Mathematical Examiner to the Trinity 110111 e, and
Oa, with 1,319 copies of the work in boardi,
was mortgaged fur 2,490/.1.

(FROM A CORRESPONDENT.)—The late
John Smith, Esq.,
paymaster of the Navy, was educated
at Eton, where lie contracted friendship with Mr. Canning
and Mr. Frore, afterwards Ambassador to Spain, which
lasted till his death. In conjunction with them and Mr.
Robert Smith, the late Member for Lincoln, he was one of
the chief authors of " The Microcosm," a work At the
time much celebrated. From Eton he went to King's
College, Cambridge. On leaving the University he studied
for the Bar, but disliking the law, entered the army.—
Having attained the rank of Captain, he quitted that, and
sat in Parliament some time, when Mr. Pitt appointed him
postmaster-General of Jamaica. On returning to Eng-
land in consequence of ill-health, Mr. Canning appointed
him Paymaster of the Navy, which office, except during
the short administration of " The Talents," he retained till
his death, under the successive Treasurerships of Mr. Rose,
Mr. Robinson, and Mr. Huskisson. An unfortunate deaf-
ness, with which he was affected, prevented his rising in
public life. Besides portions of " The Microcosm," he was
the author of " Metrical Remarks on Modern Architec-
ture ;" of free translations of some of the Greek dramas,
and of a great quantity of miscellaneous poetry, the major
part of which has never been published. Shortly before his
death he had completed a work on the " Odyssey," and the
" A of Homer."