Star.
London, England, 1806-11-26 00:00:00

• LW INTELLIGENCIL

-COURT 0? KING'S BENCH, NOVEMDER is.
Mr. Gaceow applied to the Court for the iffue of
quo siserrouto, addreffed to a Mr. Jofeph Kahn, of
Pi.rt AA, requiting him to fpeeify by what authority
he exercifed the fuselion of a freeman in that bo-
rongh.--Por Ilea was chartered in the reign of Henry
VIII. and it was expreVety laid dawn in the Char
ter, that when an elettion of freemen was to take
place, .notice of a meeting for that purl:wife was to
be given by a Serjeant at Mace td the other freemen
two days bd, re filch meeting, by leaving &notice at
each of their d*elling !inures. (n Sunday, the toth
of Augull lad„ the farming bailiff of Mr. Haft ifun
who lived at a (port dillante from Forties, met th;
Serjeant at Mace in the town, who told hint he was
gt4nr to flatworm his mafler-to attend a ;meting next
day, for the porprO of main rime freemen. The
bailiff told him, he flinirld inspire Mr. Harrifon,
which he did, and Mr. Hateifon attended, when a
flambee of improper perf ms were made freemen.—
Mt. Harris, dad whet refgethble per lona, protefled
againft the proceeding, which took place in the ab.
Conceal the Recorder, bet-. ire whom fuch meeting, by
the Charter, war ordered to be held ; and the pre
fent application became neceffoty to the Court, in nr•
der that (itch unfcernly practices might not in future
cccur, and that the improprieties which had already
taken place might experience the Calutary correeion
of the Coati. Mr. Gaanow Rated, that many years
mai,. the fame cafe had occurred, in a caufe, " The
King a. The Mayor of Shrevrlbury." The Court
granted the application.

TUB atkG W. WN. JAMESna, tact,
The Defendant had fuffered judgment to go by
default, on a priffeeution for writing, and caufing to
be publifixed in the Yolk Herald, a libel upon Henry
Yarbury, Efq. of Hedington, in YorkfhiTe. The
Defendant is an attorney of the Court.
Affidavits were read on the part of the profeeu•
tion. The fird was from Mr. Alexander Barthele-
mone proptietoe and publiffier of the York Herald.
It tated, that oa Friday, the sad •of November,
tilos. an article was brought for infertion in that
neme,tpaper„ frnen the Defendant, rertaent at Herring-
ton. It was, ionntmhed into, about two hundred
copies, when the paper being difcovered to be of a
libellous laptleoey, the publication was flopped. The
libel was io.4,be form of an advertifernent, and was as
follows
R awe n —Whereas Henry Yarbory, Efq of Hatinaton.had
perfonally dircharged rdward Gsribby. a publican, front drifting a
joint Of mat fee SVllliam lame-fon. Efq. for the entertainment of
lam and td• (deride. And when as, fosse perfos, or petrol. an.
linemen eltt•tO two the dirrup of the fadsl'e helot:ging to 'he grey
aallaway Mr. jamdon is acr Aniseed to ride, end at other times
have entlerrnured to hurt and injure that Cientkman. And where.
as. tbefidd Mr. humeral has Arens make to ferret, from the dirt
esawa• give" so 4divard Oa alibi, end other efts of malice and ase-
ligoity, that the fa:d Hoary Yarbury we, at the bottom of the
fine, with intent to take away his Ilfe ; he, Mr Jamefon, will
give the row ard of tweguineas OD conviCtion of the offender. And
SIMS gentleman. for his own perfonal tiny, thinks It his duty to
elate, the effdtanee .f all his Maleity's Jolliet" of the Pure for
the Liberty of St. Peter, in the county of Yore, In which Liberty
tlw towoenpot Hellloaran lies, againft the (Aid Hairy Varburr.
and Wilda welts god tither, at Helne ton afuerf.sid. or ellewhere,
that He suy gelation{ his ellentslawful buMrds,without being In
denier of receiving meat or injury iu fo chairs.'
Sithrequent to the refufal of fatther publication of
this libel, the Defendant called with a modification
edit ; bur this was likewife objetied tn.
The, affidavits of William Haydn, Charles Rn.
beets, Henry Story, and Edward Garthby, proved
that the Defendant procured a hard bill of the fame
native as the advertifeinent, to be flack agaiall the
church done of !telling:cm, nn the ctrit of November.
•allog, which remained there till the tcrh of Decem-
ber In the Cam year. It likewife dated, that the
Ihfendant expofed the fame in the coffee room of
the Ynrk Tavern, and that Story was applied to, as
..-printer, tv mit* tyo hand bills of the advertife-
Illybe. to which was attached this pairage—" If any
IMO densely, this notice, thengeill be profecuted." j
Thomas '!'ruby and George one ftenre to a de.
elaration of the Defendant,that be would buy a boric-
whip with a wire thong, to flog Mr. Yarbury ; this
was corroborated by Matthew Little. Henry Yar-
berry. F.I-1 depofed, by his affidavit. that he never
bad fe.rbidden Edtvard Gaftliby from receiving the
friends of Mr. Jamefon.
Oa the part of the Defendant, his non affidavit
was read, Rating, that Garthby, who is a tenant of
Mr. Yarbury, had alnOlutely refuted to entertain his
friends at his public houfe, and affigned as his f eh-
Ibn, That his landlord had hi:bidden him. The-Etw
fendaat, during this converfation, had hung his houfe
to a railing, and oa his'return to mount him, had
mealy received confiderable injury by falling,to the
ground, the trinity leather having berm nearly cut
through, which he furpeAcd, from Come former differ-
mei, to he by the contrivance of the profecutar. (fn-
der the irritation of the moment, he drew up the rid-
vertifernent complained of, and upon the refufal of
the printer to publifh it, he wrote one which was lets
exceptionable. He denied that he had ever laid to
any pet ton that he would buy a Ito& whip to firike
the ptofecufor. He had Ibewn the molt fifteen con-
trition for his offence, not only by attempting no de-
fence, but by writing a letter to the prof/canoe in
the moll fobstiffi we terms, apologising for the outrage
be had c immitted upon his charaaer. Mr. Yarbury
kernel difpnfed that the matter fhould beat red, and
that the proceedings fhottld be flayed & but, notwith-
landinv, the interference of Colonel Cricket, a com-
mon friend, the peofecutitm was continued. The
l)efericlint thew called upon Mr. Yavbury, %editing
the affair might not proceed to extfemities, but the
only anfwer he received was, that the law mull take
its courfe. Under there citeunnlance., there was no
alternative left to Mr. Jamefon, and he admitted
judgment to go by default, coafciout of the impro-
priety of his condutt.
Lund ELLIIIIIOROUGH raid, " the apology made by
the lkfendant WAS homble and decent, but his ag.
grafi/ma had been repeated and unwarranted. Let
the Defendant Stand committed, and be brouzht up
on Wednefday next."