Star.
London, England, 1822-12-21 00:00:00

LAW INTELLIGENCE.

COURT OF MA N CERT,- DECEMBER ito.
LORD PORTSMOUTH.
Mr. HORNE said that he had been given to under-
stand that his-Lordship had communicated with some
of the parties on the. subject of the Commission, and
that the Commissioners were appointed : be desired
to know if the time was rued for them to commence
thtir dirties?
Th‘ Lt, RD CHANOELLOR thought that be c*iild not
well fix the time without first asking the Gentlemen
who were to act as Commissioners, if -they had any
particular wishes about the time: certainly, the sooner
they shotiti begin the better.
blraimasre said, perhaps it would be better for them
tocommunicate with the Commissioners who were ap-
pointed, and then let his Lordship.know.
The ATTORNEY-GENERAL could not understand
how the Counsel on the other side appeared, after
what had taken place.
Mr. HORNE WONId not admit that the withdrawing
of the.cetreat prevented the Counsel from appealing.
The ATTORNEY...GENERAL had understood that the
Court would give notice who should attend.
Mr. HORN E asked if it was intended that the Com-
missioners should select those who were to appear?
The ATTORNEY-GENERAL said, certainly not—his
Lordship would select them.
• The LORD CHANCELLOR did not apprehend tbat
the clients of Mr. Horne and the other Gentlemen,
by withdrawing the caveat, had disabled themselves
from appearing or applying to the Court for permis-
sion to attend.
Mr. TRESLOVE respectfully suggested to the Court
that the word " attend," with regard to himself and
his Learned Friends, was rather ambiguous.
The Loon CHANCELLOR—By "attending," I mean
to attend to oppose.
Mr. TRESLOVE expressed his satisfaction at his
Lordship's explanation. Had it been otherwise ex-
pressed, it might have placed them in a situation of
• great difficolty.
The LORD Cnatcemost—By withdrawing the
caveat there was no supposition implied that they
thought inquiry should not take place, but only a
desire for the inquiry to be so o.onductell that all the
circumstances should be laid before the Jury, in order
to lead them to a just conclusion.
Mr. HOR-NE said, that what he was going to urge i
respected the physicians; he thought that other phyH
slcians should be allowed to see Lord Portsmouth.—
He proposed that Drs. Ainslie, Latham, Monroe, and
Willis, should be admitted. They were to the full as
respectable professors as any who had been called in
by the other side. They ought also to be admitted
before the time should be fixed : it would be idle after-
wards to talk of their seeing him.
The LORD CHANCELLOR did not think that unrea-
sonable. If the Gentlemen had the opportunity of
reading them, it would be advisable that they should
go over all -the medical affidavits which had been
filed beforehand.
Mr. HoRN E mentioned the circumstance because he
thought that his Lordship might wish to communi-
cate with those Gentlemen.
The LORD CHANCELLOR--It may be as well, or
better, for them to read over the affidavits before they
attend on me; beca,se, if I have to state the effect of
the affidavits, and they are to read them afterwards,
we shall hardly ever get to the end of the case.
Mr. HouNe said that be would take care that the
Gentlemen should be informed of his Lordship's opi-
nion. After they should have read the affidavits, per-
haps his Lordship would then see them?
The Ar luitNEV-GENZNAL proposed that some of
the other medical gentlemen who had visited Lord
Portsmouth, should attend upon his Lordship at the
same time.
The Lotto CHANCELLOR-1f he called for the at-
tendance of any of the medical gentlemen, he would
call for the attendance of those who had seen Lord
Portsmouth at the same time; because he wished
those Gentlemen to hear anything he should have to
say to \l r. Horne's physicians.
Mr. HEALD understood that his Lordship had not
given any express order as to who should attend.—
It might occur to his Lordship that it would be pro-
per For the four physicians to see and examine the
Earl of Portsmouth separately, as the other physi-
cians had done.
The LortoCHANCELLOR.—It would be time enough
to think of chat, after the physicians should have read
the affidavits. He would then see them all together,
and be directed by the physicians themselves whether
they should see him separately or in a body. With
respect to the Commission, he wished to be informed
when the gentlemen would be ready to execute it?
..The physicians having read the affidavits, as his
Lordship would probably be from town, lie would
come down and communicate with them all together.
Mr. HORNE suggested that the physicians should
. consult with the gentlemen of the Commission, after
which his Lordship would consult them all together.
Mr. Hear said, he hoped the Court would re-
collect 'that he appeared for Lord Portsmouth under
very particular circumstances. As his Lordship had
said he wished to be attended by some Counsel, he
(Mr. Hart) wished to know if the Counsel for Lord
Portsmouth should attend ?
The LORD tHANCELLOR—You, as Counsel for
Lord Portsmouth, must decide that. •
- Mr. HART said, he had been appointed by persons
in sound mind to attend Lord Portsmouth under very
particular circumstances.
The LORD CHANCELLOR.—Then you must be in-
structed by those persons in sound mind again. I
'cannot direct you.
Mr. II /slur said, that it would not be necessary
for him to attend if his Lordship would give a special
order that the feelings of Lord Portsmouth should
not be hurt.

The LORD CHANCELLOR said, that some inter-
course with Lord Portsmouth would he necessary :1
to what degree it should be allowed he could not say,
nor would he direct anything until be was made ac-
%whited with all the circumstances.
Mr. HART observed, that let the case take *hat-
ever turn it woold, Lard Portsmouth was capable of
enjoying a great' pi 6portiori of the comforts of society,
and thetefose it was isiportant that nothing should
be done to affect those enjoyments he was capable of.
The Loito.tirANciu.oa.—He had already given
such directions as to the intercourse allowed Witten,

'Lord -Portsmonth
would prevent his
fore he (the Lord
have had credit for ,
necessary to be done,
Mr. HART said, '
him to attend :
attendance, and .
valuable suggestions.
The LORD CHANCELLOR was ready to receive use-
ful suggestions :, he thought he ought to tee Mr.
Bickerstaff.
Mr.. HART said, that the Counsel for Lord Port--
mouth had met the disapprobation of both sides,
which indicated that they had done right; or, at
least, that they had not done wrong.
The LORD CHANCELLOR was extremely anxious
that some of the gentlemen should attend on each
side when he met the physicians, because, on any
points he might take, up with respect to the physi•
clans, if he should be wrong, they (the Counsel)
Would be able to set him right ; and if he were right,
there would be no misunderstanding.

EX-PARTE MURRAY.
Mr. BRANIF.3 applied to have the name of the pe•
tioner put upon the list of Attornies of the Court, en
paying Gs. Bd. into Court. He had taken out a cer-
tificate in 1821, which had not bees renewed in time.
The practice of the Court of King's Bench was to
allow the certificate to be renewed with the usual fee
of 6s. Bd. provided the party had not practised since
'the expiration of his certificate. Probably his Lord-
ship might remember the case of Adley, which he
had determined upon.
The LORD CHANCELLOR said, that he remembered
it well, on account of the 6s. Bd. the proper disposi-
tion of which, so as to direct its course into the Ex-
chequer, had given him no small degree of trouble.
Mr. BEAMES said, that the money had rested, he
believed, for a considerable time in the pocket of his
Lordship's Secretary—( Alaugh).
The LORD CHANCELLOR did not know what had
become of it.
Mr. BRASSES presumed that he might have the
Order, on paying Gs. Bd. into the Master's office.
The LORD CHANCELLOR said, that the Order might
be had, on paying such a fee as the Master thought
fit to demand.
IN THE MATTER OF RYE HARBOUR.

Mr. HART said, that an objection had been taken
to the trial of issues directed by his Lordship in this
case. The improvements in the harbour were said
to be dangerous to the neighbouring lauds. This caused
the mercantile and agricultural interests to be op-
posed, and there were doubts if a fair trial could be had
in Sussex or kent. He then read the affidavits from
The Commissioners of the harbour, merchants, and
other respectable inhabitants in the neighbourhood,
stating their belief that an imparial trial could not
be had in either of the adjoining counties.
The ATTORNEY-GENERAL and MT. SHADWELL
supported the original decree.
The LORD CHANCELLOR directed the trial to take
place in the county of Surrey. The issues embraced
two points—first, the alleged nuisa-ce ; secondly, if,
being proved a nuisance, it eristed previously to the
construction of the harbour.
riawrote V. STANIFORTII.
Mr. HORNS was informed that an Injunction had
been granted in this case on Wednesday. It was a
question which materially affected the characters and
property of his clients; more especially as accounts
highly prejudicial to tem, stating the peculiar eh-
' cumstances under which it was granted, had found
their way into the Newspapers, and he thought it but
fair that their characters should be justified by the
same medium. He begged leave to inform the Court
that he meant to apply for the Injunction to be dis-
, solved on Monday neat.
VICE-CHANCELLOR'S COURT, DECEMBER 20.
GLASSINGTON V. TIIWAITES AND OTHERS.
Mr. BELL moved for an Injunction to restrain the
defendants, who were part proprietors of the Morn-
ing Herald, from making use of or employing the
workmen and types of the above Newspaper, towards
carrying on and publishing the English chronicle.—
Much uninteresting argument took place, and his
Honour finally granted the Injunction. With re-
gard to the question of exclusion of one of the parties,
his Honour said he should not interfere, as it formed
no part of the present application.
COURT OF KING'S BENCH, DECEMBER 20.
PERJURY.--.THE KING V. MEAD.
This was an indictment for perjury. The defend-
ant was yesterday found guilty on an indictment for
a similar offence, committed in giving evidence on a
trial in the Court of Exchequer. The perjury in this
case was also assigned on the evidence given by the
defendant on the same occasion.
This case having been called on,
The CHIEF. JUSTICE asked, if it would not be bet-
ter to save time, and not proceed with this case, the
defendant having already been found guilty on a si-
milar indictment.
Mr. JARVIS said he believed that time was no dis-
cretion left to the Counsel.
Mr. Abbott (the Clerk) then called over the names
of the Special Jurors; but five only answering so
:their names,
One of the Counsel suggested that the prosecutors I
here could not pray a tales without a warrant from
the Law Officers of the Crown.
The CHIEF JUSTICE said, that without such war-
rant a tales could not be prayed. But the defendant
might pray a tales.
The SOLICITOR•GENERAL (the Attorney-General
being absent), on being called on, refused to pray
a tales.
There were eighteen other indictments against'
other persons for perjury, arising out of the same
case; but as they were successively called on, and
the Special Jurors not appearing, the SOLICIFOR•Gi•
NERAL refused to pray a tales.
Mr. Joses, Counsel for the prosecution; at length
moved that the Special Jury:men who did riot attend
should be called over arid fined.
The Crites JUSTICE obserVed, that there was yes-
terday a very full attendance of Specie! Jurymen,
and as they were not re-summoned, his Lordship did
not think that they ought to be fined.
'Eke whole 19 indictments were thus got rid of.
Mr. JONES moved that the defendant who was yes-
terday convicted should stand conithitted. '
Mead was then called, but gill noj appear.
twax V. iiceviwern.
This was an action to retoiret•ilartages 'for the

the-door to deliver the letter, _.4 was . . the
act of ringing the bell, he heard a crash and shriek,
and found that the wheel of one of the defendant's
caravans had come in contact with the wheel of the.
chaise, and had °onset it with_great violence; Mrs.
Bury was thrown out, and her wrist partially dislo- '
rated, so that she underwent the most exquctating
pain, was put to great expense for medical attend-
ance, and was deprived of the means of eserciling
her professional skill.
For the defendant several witnesses were called,
among whom were the drivers of this and another
caravan, who deposed, that such was the quiet pace
at which it was driven, and such the position of the
chaise, that the accident must have arisen from the
motion of Mrs. Bury's horse, which she had no
shill
or power to controul. . • .
The Jury retired for snore than an hour, and then
returned a verdict-for the plaintiff—damages 12.51..
•

EDWARDS V. PLANK AND OTHERS.
This *as an action of trespass' brought by a wo-
man named Catherine Edwards, against Plank, Med-
bury, and Waites, three police officers, and a person
named Lack, who was with them at the time of the
alleged injury. The plaintiff was indicted at the
Middlesex Sessions by•the officers, for an assault on
them, in reference to the same transaction, convicted,
and sentenced to be imprisoned for a month.
It appeared, that on the 2J of November, 1821,
Mr. Lack, who was working at the erection ef some
buildings for the Duke of Gloucester, obtained war-
rants to search the premises of Mrs. Edwards, for
timber and other articles, which he suspected to be
stolen. With this warrant he and the other defend-
ants went to the plaintiff's house, in White Horse-
street,
Piccadilly, where they found some fire-works,
but none of the goods which they sought. They then
proceeded to her shop, in Shepherd's-market, where
they found her sitting before a large fire, on which
was a frying-pan, and near which was a pewter pot.
They entered to commence their search, which she
resisted, and ultimately they found no stolen good!,
but they brought away a great quantity of fire-works
prepared for the sth of November, and took the plain-
tiff into custody on a charge of assault. For this al-
leged assault, she was punished with imprisonment
for a month. An information was laid against her
for exposing fire-works to sale; but the Magistrates
thought it could not be supported, and directed the
1 fire-works to be prned, but she refused them.
The plaintiff's 'Witnesses now described her as
having been most violently assaulted and beaten by
the officers. Lack, however, having been acquitted
in consequence of the action against him being com-
menced after the expiration of six months, gave evi-
dence for the other defendants, in which he repre-
sented Mrs. Edwards as seizing the officers by the
neck with great violence, and as receiving from
them no violence, but such as was necessary for their
own safety. In this account he was confirmed by
other witnesses.
The .LORD -CHIEF JUSTICE observed, that at all
events the seizure of the fire-works could not be jus-
tified. A verdict, therefore, must pass for the plain-
tiff ; and if it was taken with such damages as would
carry costs, it might teach the officers a useful lesson
not to exceed their duty.
Mr. SCARLETT, fot the plaintiff, and Mr. ADOL-
PHUS, for the defendants, acceded to this sugges-
tion ; and, accordingly, the Jury found a verdict for
the plaintiff—Damages 40s.
COURT OF COMMON PLEAS, DECEMBER eo.
HARRINCTON V. FRY.

....
This was an action to recover £123, the value of
certain articles of rigging furnished to the brig Eliza-
beth, of which the defendant was part owner. The
delivery of the articles in question was proved. It
was also proved that the defendant had given orders
respecting the ship, and in other respects acted as
owner of the said ves'el.
For the defendant, it was contended by Mr. Ser-
jeant PELt, that there was not sufficient proof of his
being part owner, and therefore that he ought not to
be calltd upon to pay. The ship's register was put in,
in which it did not appear that the defendant's name
was entered.
Mr. Justice PARK held that there was sufficient
evidence of ownership, notwithstanding that the de-
fendant's name was not in the ship's registry.
The Jury thought so too, and gave a verdict for
the plaintiff for the sum claimed.
• WAKEMAN V. ROBINSON.

Mr. Serjeant VwucIIAN stated this case to the
It was an action .to recover the value of a horse,
which had been killed by the defendants negligence
in driving his gig with violence, by which the animal
received a violent hurt in the shoulder, of which he
afterwards died.
It appeared from the evidence of several witnesses,
that on a day during the last Epsom races, the de-,
fendant, accompanied by a friend, was driving in his
gig by Newington, in the direction towards Epsom.
A waggon, drawn by four horses, was coming in the
contrary direction. Both were at first at their proper
sides of theroad. Defendant was driving at the rate
of eight or ten miles an hour. A Greenwich coach
was coming along, and in order to get past the wag
gory, it went on the other side. Defendant drove
between the two; in doing which he pulled his off
instead of the near rein; in consequence of -which,
he struck against one of the wagon horses, and the,
shaft of his gig entered the animal's shoulder. Is-
- and his friend were thrown out. All the
witnesses for the plaintiff who saw the accident, con-
curred in saying, that it was occasioned by the de-
fendant's want of skill in driving. The horse was
proved to have been worth AV°. Besides this sum,
1:1 10s. was paid to a farrier, who attended the horse
after the wound.

Mr. Serjeant PELL, for the defence, admitted that
the death of the horse was caused by the de/indult%
gig, but that it was driven against it hr a. butcher's
cart, which came suddenly from a lane,- which the
defendant was passing:- It would be proved that it
did not arise from the defendant's negligence, or
want of skill.

Mr. Whitaker, the gentleman who was in company

defasislatat at thy ties the accident iNcarrea,
• ire ,stitt.tt, dat 'the `delheana passed
~ a butcher's, heitie'cifine against the gig;
idefehelantijiPltriffed, indenioured t 9
The 'tfahrWak reviled himself to pull
.onsid, and in the tit the shaft came stgainst
borsennd entered its stsotilddr. Thesccident was
ied bY'dtellifehtliftles'erstnt.of skill. He had
Witness hs-his Video.", dad drove very well.
BPlr. justice PART said, that a/emitting this evi..
este to true, it sfaukilms se defame to an action
Of trespass.
The Jury found fordieplai miff 111.
• LON'tioN
Yesteklay, these adjoatell Sessions..triiieleld be.
'fore the RIBCORDER and a neh•9f Aldermen.
A man named Hu uge vats_ indicted for an assault
'upon an officer named Macky.
' It appeared that the Officer, accompanied bt
other, heard loud screams and cries of "Murder !" in
a liouSe'neir Billidksgatt inaiket. Upon going to
the honse, the door of which they'found open, they
saw the piliOner beating-his wife in a dreadful -man.
ner. The rage of the fellow, hoWeiter, increased upon
finding new objects to vent it upon. The moment
'the officers entered, they were attacted by the pri-
*souer, who seizeJ a Ater, and aimed a blow at the
prosecutor's head. Yery luckily the aim was a bad
diie, but the offiCers rEccited in their attempts to pre-
vent any mischief several knocks of a serious nature,
and with the'utinost difficulty prevented their assail-
ant from doing fatal miicliief.
• The prisoner was defended by Mr. AunntEvrs, who
said that the evidence was of Such Z nature as not to
be shaken by anything that could be stated on e
part of his client. Tile fact, he added, was, the tin.
fortunate man considered that he ought to exerc,,e
the most unbounded controul over his wife, and that
his house was his castle, into which no man had a
right to enter on any pretence whatever.
The Jury found a verdict of—Guilty.
The RICCORDER, in passing sentence, said it was
well for the prisoner that the blow he had aimed at
the officer's head had not taken effect, otherwise he
would have had to answer, probably, in a must awful
manner. The sentence upon the ptisoner tor the
above stated assault, and for another assault on the
other officer, was, that he should be impri.,oned fur
twelve months—six months for each offence.
The prisoner's wife, notwithstanding his cruelty to
her, which was well known to be of frequent occur-
rence, screamed at hearing his sentence, and hung
round his neck with the Most violent affection.

On the evening of the sth inst. a poor woman and
her son (a boy about ten years old) procee.led in the
storm from Church-Stretton market, in Shro:shire,
towards their home at Prolsmoor, a distance of about
four miles, but the violence of the tempest aas so
great, and their fatigue so excessive, that when within
about 500 yards of their own house, they sunk under
the accumulating difficulties of their journey. The
shrieks of the poor woman were heard by a cottager,
who went to her assistance, and she was with
culty recovered ; the poor boy was quite dead ; and
two couple of fowls which were by him were also
quite dead, and covered with hail.
Thursday morning, the sth instant, eleven sheep,
the property of Mr. Watt, were formi quite dead,
and closely huddled together on a small knoll or
eminence on the farm of Auchenlick, in Ayrshire.—
On the night preceding a few peals of thunder were
distinctly heard ; and it is supposed that the poor
animals had been struck with lightning, while peace-
fully bivouacking on the said knoll.

NEWGATE Aso LEA DENII A M A ILK ETS, Mc. 20.
(By the Carcase.)
Beef ...
Mutton.. —.lts cd to 3s Od I Pork as 4d to 4s 24

0 0

HOPS.
EW roc': 17Ti.
Kent
Sussex 2l 4s to 51 Os
Essex
Farnham

i ad. ittifinttins. es: *Agent 4filies s mom til Alefelo,*qA .
.. . !dal the def.
s feeli4gs froth beirig)sisrt, Thee- -a-1t 'appeared thin the lil.i,tir we1,.1
,e! .
....30 less called.
Chancellor) tli3ugift tliat-he might 011. cet in the Army, whoverpteted
... f
.. . die weggon,
br doing whatever should befall-her children by .teaching music. I.L.a Aar* lite *horse (41e
one, in the same manner. • been in a 0440)0-se chaise to DIMS, airctlimpii - ism beik—
I, that it would be unnecessary for by a Gentlossao named Tyler : she stopped Itd,' 'him 'mimed,
but Mr. Bickerstaff would be in house of a MvaX borsesn•
icholls, in Vaushall,, to deliver alet• 'the
he could offer to his Lordship some ter. Mr. Tyler left her in
the gig, while he went te net ciiiied b
this:A/10r to deliver the letter, and es he was iit the idrieett Mute