The Sun.
London, England, 1827-11-15 00:00:00

MISCONDUCT OF AN ATTORNEY.

Mr. GURNEY moved the Court to grant a rule to
show cause why an attorney should not pay over two
different sums of money, which he had improperly
obtained from•Lieut.-Colotiel, Clarke; of the 'Scotch
Greys. The Learned Gentleman stated, that
Lieut,-Colonel Clarke had employed the attorney Of
pnrchaSe two separate sums, and paid,bim 2,1001:to
complete the purdiase of one estate, and 1,050/..for
'the'other. It afterwards ,appeared, however, jbat
the' attorney had paid only 1,750/. for the esta for
which he charged-Colonel Clarke 2,4004, and only
1,6001., for that for which he had received 1,9504
Under these circumstances, he -submitted that the
Court could 'have no difficulty in interfering.
Mr. Justice BAYLEY said, the tily,doubt on his
mind was, whether the Court ought to interfere in
a case which appeared 'to be criminal. Might not a
proiecution take place for Obtaining money on false
pretences ? And in that case the Court, by% gran-
ti e a ruleonight be compounding a criminal offence.
After a short consultation, the' Court geant4d a
rifle to show cause.
HABEAS CORPUS.

Upon the motion of Mr. ADOLPHIA, some days
ago, a writ of Habeas. Corpus was granted, directed
to John Parkin, James Itice,. and John Martin, or-
dering them .to bring into Court the body of Mrs.
Ann Hodgkisson, who was stated, on the affida.svit'of
her husband, John Hodgkisson, draper, tiond-street,
to bye -been forcibly conveyed away from her resi-
dence( by the parties named in the writ.
Lord TENTERDEN now inquired whether the par-
ties were in attendance, and being answered in
the affirmative, Mrs. Hodgkisson, accompanied by
two other ladies;, dressed in deep mourning, were
conducted into Court, and accommodated with seats
immediately under the seat set apart for the officers
of the Court.
Mr:HILL then appeared to show cause against
the rule, and commenced by reciting the affidavit
on which it was granted: It stated ' that the
deponent, Thomas Hodgkisson, draper; of Bond-
street, had placed his wife, who was labouring
under. mental derangement, at his country house,
called , Eaton Cottage, at Kilburn, under the
care of a lady named Sarah Smith; and Sarah
Smith joined in the affidavit by stating, :that
during her residence at,Eaton Cottage, Mrs. Hodg-
kisson was kindly and affectionately treated. The
'affidavit went on to state, that on the 7th 'of Nov.
John fi Martin, 'the oash' of Mrs. Hodgkisson, ac-
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compameu by his attorney anti anotner person, pro-
ceeded to the cottage in which Mrs. Hodgkisson re-
sided, and, as deponent believed, by force had con-
veyed her away, and illegally detained her. The
Learned Counsel was about to read some affidavits
which were given in reply, when
The ATTORNEY-GENERAL (with whom was Mr.
ADoLpflus) interposed, and observed, that he had
seen enough of this case to know than it was a case
of great difficulty, and one which was much better
fitted for a private tribunal than a Court of law.
He therefore proposed, that it should be referred to
sortie gentleman at the bar.
Mr. HILL said, he could not conceive that. the case
involved any difficult questions, and he hadapplied
on a former day for an enlargement of the rule, in
order that fhe facts Might be brought fully before
the Court.

•
Mr. Justice 13AYLEY said, the less difficulty there
was in the •case,.the less difficulty any gentleman of
the bar would have in settling it out of Court.
Mr. HILL said, he was-instructed not to consent
to a reference.

The ATTOftIiEY-GENERAL said; that as it was de-

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termined to bring the particulars of this distressing
case before the
,public, he should move the Court to
let the affidavits be filed, in order that they might be
all read together.
Mr. HILL objected to the delay.
The ATTORNEY-GENERAL said, that if it was stated
that a husband had ill-treated his wife, he must be
allowed to answer such a charge.
Mr. Justice BATLEY thought it, much better to
take all the affidavits at once than to hear them
piecemeal, and suggested, that upon a dispassionate
review of the case, Mr. Hill might deem it ztidvisable
to recommend the,case to be referred to a private
tribunal.
Lord TENTERDEN desired the case to stand over
until Monday, and the lady to-remain in custody of
the parties with whom She had come into' Court, if
she had no objection herself.
Mr. HILL said, the lady had no objection. She
made affidavit to state that she. left Mr. Hodgkisson's
house-at her own desire.

The ,nnrersation then dropped, anti the parties
retired. • .

COURT OF COMMON PLEAS.

Their Lordships were engaged in the early part of
the day in hearing justifications of -bail; and after-
wards an argument on a plea in Bar, of little public
intergst.