The Sun.
London, England, 1827-04-12 00:00:00

THURSDAY EVENING, AMU, 12, 1827.

PUBLICATIONS.

In a thick and closely printed volume 12mo. illustrated
with numerous cuts, /mice 9s. boards,
THE HONEY BEE ; its Natural History,
Physiology, and Management.
By EDWARD BEVAN, hf.D.
London : Baldwin, Cradock, and Joy.
This Work comprises the present state of our knowledge
of the history of bees, and an improved method of managing
them ; whereby the Apiarian may participate largely of the
treasures of the hive without sacrificing the litres of its in_
mates.

SECOND EDITION.-Dedicated to TnomAs MooaE, Esq.
in 3 vols. post 6vo. 31s. 6d.
THE NOWLANS and PETER of the
CASTLE ; being a Second Series of Tales by the
O'Hara Family.
" The Author is truly a man of talent and genius."—
Lit. Gar..
" The author is one of the most masterly painters of na-
tional character that have yet appeared in Ireland."—Edin-
-I‘;:rgh Review.
" Since the appearance of the earliest and best of the
series of Waverley novels, nothing in the way of literature
has so excited the public mind as the Tales of the O'Hara
Family."—New Monthly Magazine (Article, Fashion.)
" We bid adieu to the author, with the highest opinion
of his exalted talents."—Literary Chronicle.
" We have read these Tales with an interest often ex-
cited even to a painful degree of intensity, and with fre-
quent admiration of the Author's genius."—London Ma-
gazine.
Printed for Henry Colburn, 8, New Burlington-street.

TO THE CLERGY, HEADS OF FAMILIES, &c.
Just published, price 2s. 6d. Second Edition, considerably
enlarged.
BUTLERS' MEDICINE CHEST DI-
RECTORY, and FAMILY CATALOGUE of
DRUGS; in which the Properties and Doses of all Medi-
use are specified, together with the eines in general family
proper time and vehicles for administrating them; also the
Disease's to which they are applicable; accompanied by a
Glossary of Medical Terms used in the work. To which
is appended,

_ .
Dr. GREAVES'S TABLE of DOSES, the most ap-
proved methods of Fumigating Infectious Chambers, for
removing and counteracting the effects of Poison, the Royal
Humane Society's mode of treatment of Suspended Ani-
mation, arising from Drowning, .Apoplexy, Suffocation,
&c. also Observations on Bathing, Hydrophobia, and on
the Mineral Waters of Bath, Cheltenham, Harrowgate,
Leamington, Clifton, Buxton, Mallow, &c.
Sold by Messrs. BUTLER, Chemists, Cheapside, corner
of St. Paul's London ; 54, Sackvillo-.treat, Dublin ; and
73, Princes-street, Edinburgh, of whom may be had Family
and Sea Medicine Chetts, appropriately fitted up for all
climates.

OLD BAILEY, APRIL 11.
JUDGMENTS.

The following prisoners received sentence of death :
Daniel Bister, Ann Williams, George Harris, Robert
Smith, and Charles Pierce, for stealing in a dwelling-
house ; Thomas Shooseley, David Skinner, Jeremiah Do-
novan, William Jones, James Mackie, Henry Ford, James
Howley, John Wynn, and John Gardner, for burglary ;
P. 'Williams, for burglary and sacrilege ; Richard Price,
for sheep-stealing ; John Hughes, for forging a receipt for
money ; George Hill, for house-breaking ; John Brown,
for a highway robbery ; Elizabeth Gardner, Francis Boyer,
Edward Stuart, John Williams, and James Smith, for
robbery ; John Carr, George Ford, and William Wicks,
for horse-stealing ; Launcelot Cooper, for uttering a forged
note ; and Thomas White, for stealing goods to the value
of forty pounds.
It will be recollected that Charles Pierce was tried and
convicted at the January sessions, and when being taken
away from the dock, stabbed himself with a knife ; he has
not been sufficiently recovered before to be brought up for
judgment. On being put to the bar, he said he could not
let the opportunity pass without expressing his gratitude
and kindness to all the various persons who attended him
since his trial. By the blessing of God and the Rev.
Divine who had attended him, he was enabled to con-
template death in a very different way from what he once
did. He should calmly submit to whatever the laws of his
country required.

_ .
TnaNsroaraTton iron Lira.—Elizabeth Clarke, Ti-
mothy Donovan, Elisabeth Taylor, Catherine Bannister,
James Tobin, John Perkins, 'miliaria scum.
b and Mar-
garet Jones.
Fon FOURTEIN YEARS. .._Mary Dunn, George Cousins,
James Gregory Hopkins, George Prince, John Bond, John
Crawley, Elisabeth Richards, John Knott, James Smith,
Lewis Solomon, and James Williamson,
Fos Sava:4 YE.tas.—Esther Watson, George Finch,
Henry Prewn, John Matthews, Charles Day, John Robins
alias Hogg, Mary Roach, John Russell, Thomas Williams,
William Juggins, George Wickin, John Harpur, Thomas
Newell, Henry Munday, Sarah Robinson, Jane Toms,
Kesiah Allen, George Spratt, David Higley, James Casey,
Thomas Stevens, Samuel Brundell, John Billing, Maria
Rivers, John Ryall, James Kelly, James Pritchard, Michael
Kelly, Jane Coles, James Tate, Eliza Smith, Joseph In-
ward, Thomas Cooper, Charles Moore, John Walker, John
Charlton, David Brandon, Lazarus Jacobs, David Moses,
James Lawrence, Joseph Winch, Mary Sawyer,
Jones, Thomas Pike, George Hopkins, Thomas Bellamy,
Ann Wright, John Davidson, Thomas Bywater, William
South, Charles Oliver, Solomon Gibbs, Smith Robinson,
Robert Boom, Sarah Ruddall, Elizabeth Percy, William
Chambers, and John Clarke.
Thomas
Sixty-three other prisoners were sentenced to various
teDie of imprisonment, from two years to seven days, of
whom four were ordered to be privately whipped. The_
judgment of the Coart was respited on James Robinson and
Rebecca Claekston mail the next reseions.

LAW INTELLIGENCE.

COURT OF CHANCERY, Aran, 11.
THE SUN NEWSPAPER.

PUBLICATION OF EX-PARTE PROCEEDINGS IN COURTS Or

JUSTICE.

Mi. HEALD appeared to move for an order in the

cause of DEACON V. DEACON, to set aside an injunc-
tion that had issued upon all ex-parte application,
whereby Mr. Cull had been restrained from fur-

ther acting in, or interfering with, the management
of a brewery at Portsmouth, in his character of re-
ceiver and manager appointed by this Court.

Mr. HoRNE, who had obtained the injunction,
applied that the present motion might be ordered to
stand over till after the recess, that his client might
have time to answer the affidavits that had been filed
by Mr. Heald's client.
Mr. HEALD opposed this. He stated that the
affidavits contained no new matter; that they were
only in answer to the charges that had been made
against his client; and that as it was of vital im-
portance to Mr. Cull, the dissolution of this injunc-
tion should not be thrown over the vacation, ho
hoped the Court would tell the other side, that they
were not entitled to time to bolster up their case,
but, after having got an injunction, were bound at
any moment to show that they could support it.
Mr. HORNE repudiated the insinuation that he
made his application for time to amend his case; he
expressly prayed that this motion might stand over,
that his client might have time to answer the affi-
d a Ntaffid- ihatsev.iitnssl:truohrecthliioainsds
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he might fairly do so from
client, he assured the Court that there was new
matter brought forward in the affidavits, and that
too, of a most important nature, inasmuch as it went
seriously to affect third persons.

Mr. HEALD denied this, and such a course of
conduct, he thought had been pursued here as made
it imperative on him to insist on proceeding, unless
stopped by the Court. At the time this injunction
was applied for and issued, a report of what had
been stated on the application being made had been
published in an Evening Newspaper, and a great
number of its copies had been circulated in Ports-
mouth, and it's neighbourhood, by which Mr. Cull
had been irreparably injured; inasmuch as that that
report had made it appear to the world, that his
conduct had been most improper, and that he was
undeserving of credit.

The LORD CHANCELLOR said, I very seldom hear
a motion of this kind, without a complaint that the
ex-parte proceeding, as far as it has gone, has been
published in the newspapers, to the detriment and
hurt of the Suitor; and a great deal of time passes
in this Court, during which that complaint is made,
and very loudly stated to the Court. I have only
to say upon that, that I verily believe I had the
honour of being planed in this chair before I ever
heard of any thing of that kind in this Court. When
I came first into the profession it was as well under-
stood that you could not publish part of a depending
cause, as that it was understood Westminster Hall
stood where it is. Either that was Law, or it was
not ; if it was law, I don't know by what autho-
ity it has been changed ; if, on the other hand, it
was not law, then what one has to say to the par-
ties so publishing or not publishing according to law,
I have nothing to do with. If they are publishing
contrary to law, it is not an observation from the bar
that will give me any thing to do with it; but a
formal complaint must be made. I mention these
things, for there are a great many complaints made
to me respecting this, and always in a case in which
no remedy can be made. I really do not know that
any case can be remedied; but I do know that the
question is likely enough to come before the House
of Lords, and then the opinion of all the Judges
will be asked upon it.
With respect to the other point, if it is alleged on
the one side that no new matter is brought forward,
and on the other, that new matter is brought for-
ward, then, there being a difference between the
Counsel, all I can do is, to hear the affidavits as far
as they have gone, and then to decide as well as
can, whether the absolute decision should not be
postponed till after further affidavits are made.

Mr. HEALD, under this permission, proceeded to
open hi 3 case :—Mr. Wm. Deacon, the gentleman
on whose behalf the ex-parte application had been
made, had been the joint owner, with a deceased
brother of his, of the brewery in question, and they
had carried on the concern in partnership together.
When his brother died he left his share to the sur-
vivor, chargeable with the payment of 20,000/. to a
son of his, or to an annuity of 1,000/. a-year, as long
as Mr. D. chose to retain the whole capital in the
concern, which was at one time valued at from
60,000/. to 70,0001. Mr. Deacon paid the annuity
for four or five years after his brother's death ; he
then neglected to continue the payment, and his
nephew filed a bill against him. Upon the cause
being heard, the Court declared him to be entitled
to his annuity, and in the year 1818 appointed Mr.
Cull and Mr. Deacon's own son jointly as re-
ceivers and managers of the business. From the
time at which the partner died, to the period at
which this appointment took place, the value of the
concern had gradually decreased ; Mr. D. had found
the means of making a great deal of beer, but he
had lost the charm of inducing the Portsmouth
people to drink it. Mr. Cull said, that this non-
consumption of beer was not owing to a relish for
good beer among his neighbours having been lost,
rf)at because Mr. D.'s beer was bad, from having
been made from bad malt, and that if he (Mr. C.)
was to have the management of it, he felt confident,
by using good malt, and from his extensive know-
ledge in that article, that he would recal the
once justly earned fame of Deacon's beer. He
was appointed. He had attended ever since, prinei-
Tally to the buying and selling department, and young
Mr. Deacon
had kept the accounts. When this ap-
pointment -was made, Mr. Cull found the brewery
in a most declining state; the building itself greatly
in need of repairs; the house attached to it, (of pub-
lic houses no less than 25), also in want of repairs,
and half untenanted ; and the profits from the whole
concern so small that Mr. D. was totally unable
annuity of 1,000/. from them. Now the
statement made by I).'s affidavit in support of
,
to pay the
the ex-parte application was, that Mr. Cull had
made erasures in the accounts; that he had kept
them fraudulently; that he had misapplied the funds;
that he had not regularly passed his accounts, end that
he had had a profit on the malt he had got for the
brewery. This was backed by the affidavits of Mr.
Blake, an accountant, and Mr. Minchin, the attorney.
So far, however, from this being a true representa-
tion of the ease, (Mr. Heald continued,) as was
made to appear by Mr. C.'s affidavits, Mr. C. had
managed the concern in the most praiseworthy
manner; by his discreet conduct of it he had made
it support itself, defray the expense of repairing it,
and all the houses belonging
to it ; he had got all
the houses tenanted, the concern again into a most
flourishing way, and every farthing of the annuitant's
10001. a-year regularly paid up, as well as his own
poundage. He had been, from a very early period
of his life brought up as a maltster; but on going into
this concern; it was distinctly understood, among all
parties concerned, that he should not deal with it in
his character of maltster; but that any malt supplied
in any Way through him to it, should come from his
son, that it should be furnished at the very lowest

PRICE 713

prices possible, and that if any little profit was to be
got on it, that that should go to his son for pocket-
money. He had accordingly brought forward the
affidavits of two most respectable rival brewers, as
well as of the foreman of a third establishment,
which all stated most distinctly, that the gravity and
saccharine nature of the malt that had been supplied
to this brewery by Mr. C. had considerably-exceeded
that of what they had been supplied with, that it
had been at less prices than those which they had
paid, and that they would have been glad to have
dealt for such malt on such terms ; also, that the
brewery had been conducted in the most profitable
manner. As to the state of the accounts, it was
distinctly denied, that Mr. C. had kept them falsely,
or that when he had had a cash payment:made to him
on account of the concern, he had put the cash into
his pocket, and taken a long-winded bill to the
bankers for it, and charged a commission when he
had had to discount it. It was, however, true
that upon Mr. Deacon's expressing a dissatisfac-
tion the state of the accounts, he had
agreed that Mr. Blake, of London, should inspect
them, and that his adjustment of them should be
binding. Mr. Blake accordingly went down to
make the inspection ; Mrs. Blake.accompanied him.
It did not however appear whether the lady was
also an accountant or not—(Laughter)—but at all
events she accompanied her husband. She soon
afterwards formed a very great intimacy with Mrs.
D. ; this intimacy grew into an attachment; the
feeling extended to Mr. Deacon; it next went
from Mr. Deacon to Mr. Blake—(Ladghter)—
and consequently the most friendly intercourse
and continual visiting took place between those
parties. In the course of Mr. B.'s inspection
he expressed himself dissatisfied with three entries,
the aggregate amounts of which did not amount to
3001. Mr. C. admitted that there had been errors
respecting them, but Mr. B. expressed himself per-
fectly satisfied with the explanation ; yet, in his vo-
luntary affidavit, he had made them grace charges
against Mr. C. Another accountant subsequently
examined the accounts at Mr. Blake's office, and
who now made an affidavit, stating that they were
mere errors, such as were extremely likely to occur
in the management of a concern of such vast mag-
nitude as this was, and that there could be no
inference drawn from them that Mr. Cull
had had the slightest fraudulent intention. Under
these circumstances it was, Mr. Cull now sought the
dissolution of the injunction.

The complaint made respecting the publication
was, that it was alleged Mr. hlinchin, the attorney,
had sent down to his son, with whom he was in
partnership, at Portsmouth, a quantity of the news-
papers in which the report appeared, to be circulated
in that place. It was not the Learned Counscirs
intention in the slightest degree to insinuate that the
editor had lent himself to the insertion of this report,
at the instance of the party against whom he ap-
peared; he had no instructions to make any such
insinuation, nor did he believe it possible he could
have had; indeed, he felt perfectly satisfied
that no such imputation was to be made. The re-
port itself was perfectly. correct. It appeared in
the SUN, an Evening Paper, and the publication was
a faithful detail of what had passed in Court, and
he felt that the Court would have done wrong if it
had not granted an injunction on such a statement.
The SUN was a most highly respectable paper, as
every body knew; there could be no doubt of its re-
spectability, but the very circumstance of its high re-
spectability had occasioned the brand that had been
the more severe. Having no complaint to make
against the Editor on the ground of incorrectness in
the report, or of his motive in publishing it, it
was certainly not for him (Mr. It) to say a syl-
lable against the practice of publishing ex party
matters, when the Judges of the land forbore to
express themselves upon it, and particularly as it had
been just intimated that the question was likely soon
to be agitated before the highest tribunal. There
could be no doubt, that much good resulted from the
publicity that was now gi►en to what passed in
Courts of Justice, though some evil might also be
the consequence; nor was it to be forgotten, that
proceedings in equity were not like a question at law
between Peter and Paul—(laughter)—or between
A. and 8., which was decided usually in a very short
time, an hour or two, or seldom more than a day ;
here, sometimes a good long lifetime was too short
for the disposal of a matter, where perhaps,
the interests of a , hundred different indivi-
duals had to be considered and taken care of.
Certainly, he had always understood, upon the point
of publicity, that all the world were at liberty to
enter a Court of Justice, if they could get in; at
the same time, it was not necessary that the
Court should be made quite so large as to con-
tain all mankind; if it was, and all chose to attend,
why then undoubtedly the Editors of newspapers
would not any longer be able usefully to send forth
reports of the proceedings. Mr. Cull had sworn that
he had long been employed as an agent for most
highly respectable clergymen and land-owners,
who had, since the report alluded to appeared,
withdrawn their confidence. In addition to this,
he had, ►hen he became the Receiver of
this brewery, given sureties to the amount
of 5,0001. or 3,0001., then of undoubted stability;
and, to the extent to which Mr. Blake's examina-
tion had gone, it appeared that he was a cre-
ditor of the concern. He had, as he had
been advised by Counsel, objected to Mr. B.'s
proceeding further, or making an award, because he
found that a prejudice had been created in Mr. B.'s
mind an•ainst him, and that he had taken upon him-
self to examine into all his abilities as a manager of
the business, whereas it never was understood that
he should attend to any thing but the state of the
accounts.

Mr. MlNcittN stated that he would deny on affi-
davit every imputation that had been attempted to
roe cast on him.

Mr. KNIGHT followed Mr. HEALD, and after he
had partly gone through Mr. Cull's affidavit,
The LORD CHANCELLOR observed, that he was
obliged to interrupt the further hearing, as he had to
go to the House of Lords. As there had been a state-
ment that there had been an ex-parte publication,
alleged to have affected the character of M. r. Knight's
client, his Lordship had thought it right to give
him this opportunity of stating what he had to say;
and as from what had now passed, the Court thought
all parties had now, in point of character, got upon
pretty even terms, and that therefore he could see no
setaarnthdliy objection eecr ttiniout
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eo
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he ordered. Though ex parts statements might do,
and though they certainly did, a great deal of
good in some cases, yet such persons as had not the
immediate opportunity of answering them, and such
as never could have that opportunity, certainly had
cause to complain of them.
Thus the case rests till after the recess.