Star.
London, England, 1822-07-23 00:00:00

WATERLOO-PLACE, PALL-MALL

Capital RESIDENCE, flt for the immediate reception of a
Gentleman's Family, excellent Offices, &c.
TO BE SOLD BY AUCTION,
lsy Mr. ROBINS,
(Of Warwick House, Regent-street),
311' ORDER OT THE 'MUSSELS,
At Garraway's Coffee-House, 'Change-Alley, CornhiU, on
THURSDAY, the Bth Auguw, 1822, at Twelve o'Clock,

A. VALUABLE LEASEHOLD ESTATE, held
for the whale long term, at a moderate rent, comprising
a capital substantial RESIDENCE, situate No. 13, on the West
side of Waterloo-place; containing, on the Ground Floor, an
Entrance-hall, spacious Dining-parlour, Breakfast-room, Study,
and Water-closet ; on the First Story, an elegant lofty Drawing-
room, communicating by folding-doors to a Back ditto, an Anti-
room, &c. on the Second Story, are three Airy Bed-chambers,
Water-closet, &c. four excellent Chambers in the Upper Story ;
an elegant roomy light.Stairease of Stone to the Second Story ;
Basement, a roomy light Kitchen, roomy Passagt c, with Wine-
cellars, spacleus Area, with three Vaults. large Larder, &c. a
Butler's-room, a llousekeeper's room, an oiler. Paved Yard, &c.
play be viewed with Tickets. Particulars on the Premises;
at Mr. o:ldry't, in Old Bond-street ; at Garraway's ; and of
Mr. Robins, Warwick }louse, Regent-street, opposite Burling-
ton-street.

' PURBROOK I'ARK, HAMPSHIRE,
NE .1R COSH A
About Six Miles from Portsmouth.
CAPITAL BUILDING :MATERIALS OF Tun BEST
DESCRIPTION,
Well siteate for Water Carriage to various parts.
TO BE SOLD I3Y AUCTION,
By Mr. ROBINS,
(Of Warwick House, Regent-street),
On the Premises, Portirook Park, on MoNoav, the 12th of
August, 1822, it Eleven o'Clock,
THE CAPITAL BUILDING MATERIALS,
composing the Wings of Purbrook Mansion, situate near
to Crisham, in the County of Hants, about six miles front
Portsmouth, and a short distance from the Portsmouth and
Arundel Canal ; consisting of a large quantity of good Deal
Flooring, Joists and Girders, Four and Six-pannelled Doors, ex-
cellent Oak Glazed Sashes and Frames, Staircases, Materials of a
Bath and Room, with Chinese Ratting, Portland Rustic Pres,-
ings for Windows, Lead Cisterns and Pipes, Sinks, Stone Chim-
neypieces and Slips, capital Brickwork, a quantity of Lead,
Wobunorland Slating; all of the best description, anti convent-

tie to many useful purposes.
To be iiii-vred by applying on the Premises on the week pre-
ceding the Sole, where Catalogues may be had, at (Inc Shilling
each; of Mr. Vicat, Portsmouth; alio of Mr. Robins, No. 170,
Berm-street, op,punte Llutlit.gtur..strect.

a solatium for the inury to.
reputation had for along time
unmerited..stigma which thi ig., had
his fismitt—The following are the issues :
" Whether the defender, or his agents, knowing that Messrs.
flotchkis and Tytler, Writers to the Signet, were, for several
years previous to the month of November, 1811, employed as
the law agents of the pursuer, and knowing that William Smyth,
late writer in Edinburgh, for several years previone to the said
month of November, was employed by the said Hotchkis and
'frier as their law-clerk, and as such clak was employed in the
law business which the said Hotehkis and Tytler transacted,
during the time aforesaid, for the pursuer—and the said defender,
or his agents, intending to obtain from the said William Smyth
information respecting the pedigree of the pursuer, which he Wil-
liam Smyth bad obtained confidentially, while employed by
Ilotehltis and Tytler as aforesaid—did apply to the said William
Smyth for that purpose, and did, on or about the 19th of May,
1813, enter into a corrupt and illegal agreement with the said
William Smyth, and did, by bribery, or for certain sums of
money, or promise of a future reward, obtain from the said Wil-
liam Smyth, corruptly and illegally, information respecting the
pedigree of the pursuer, which the said William Smyth having
obtained, as such clerk as aforesaid, was under no obligation
not to divulge, and which information was as follows, viz. That
in a manuscript in the Library of the Faculty of Advocates,
marked Jac. 5.5. 30. containing an accountof the family of Lit-
tledeatt, there are the following words, or words to that effect,
viz. I suppose Morriston now represents them:—Mr. John
Ker, Minister of Preston, was a son natural of Sir John Ker,
of Littledean, gotton on Dame Margaret Whytlaw, as I have
heard, and was on one side in adultery.' And that, in Calder.
wood's printed History of the Church of Scotland (edition 1675,
p. 471) there are the following words, or words to that effect,
viz. a At the very same diet that the Commissioners of the Go.,
neral Assembly had declared Mr. Robert Bruce's place in Edin-
burgh to be vacant, they dl dained (the King himself being pre-
sent) Sir John Ker of Littledran an adulterer, his wile yet hying,
to adhere to Dame Margaret 'Whytlaw an adulteress, her hus-
band the Laird of Innerwick yet hying, approved her marriage,
notwithstanding he had committed adultery with her before, or-
daiaeth them to be absolved fro.n the sentence of excommunica-
tion, which was pronounced by the Ministers of the South. So
well did their proceedings agree with each other, and so like were
they to themselves. But the Loan justified the proceedings of
the Ministers of the South, for she ended her existence with
great torment and great misery, and he himself died after little
better than a beggar, his living being all wasted and consumed.'
And that, in Calderwoosl's manuscript History of the Church,
in possession of Mr. Murray, Agent fur the Church of Scotland,
there are the following words, or words to that effect, viz.—
' Upon the 115th Februarya_the Commissioners to the General
Assembly, the King being lerssent, ordained Sir John Ker, a:.
adulterer, his wife yet living, to adhere to Dame Margaret
Whytlaw, an adultress, her husband the laird of Innerwick.
yet living, approved their marriage, notwithstanding he
had committed adultery with her before, and ordained them to
be absolved from the sentence of excommunication which was
pronounced by the Ministers of the South. These were the
good effects of the Commissioners' proceedings, who had no re-
gard to the credit of the Kirk, but to their own rising and pre-
ferment. But the Lean ratified in the Heavens the sentence
justly pronounced against them by the Aliuisters of the South ;
for their estate is wracked, she ended her life with great pain,
her excrements corning out of her month, and was buried in the
Abbey kirk 14 days since, that is in April 1627, and scarce 40
persons accompanied the corpse to the grave. She cried often,
I have been the vilest harlot that ever was; but she made no
mention of her wicked practices by witchcraft, and consulting
with witches, and Sir John himself may scarce be seen at this
hour.' Which information was made known to the defender
and his agent, at the time, and in the manner, and for the con-
sideration aforesaid ; and which information, in whole or in part,
was material to the issue, and formed a principal ground of an
action of reduction which was soon afterwards raised by the de-
fender, of the services of the pursuer, as heir male of Robert
Earl of Roxburgh and Duty Lord Ker, to the loan and damage
of the pursuer."
The damages were laid at Ten Thousand Pounds.
Mr. MONCRIEFIP stated the case for the pursuer,
and opened up a great quantity of documentary evi-
dence, relating to the bargain which had been con-
cluded with Smyth, the whole of thick papers were
admitted as genuine by the defender's Counsel. Mr.
Moncrieff also called eight witnesses in support of
his case.

Mr. JEFFREY opened the case for the defender, and
combatted the case of the pursuer with great ability
and ingenuity. He contended that he had a right to
come at the truth, when it was unfairly suppressed,
even by means of bribery, provided he had an im-
portant interest in its disclosure; that the informa-
tion obtained from Smyth was such as they would
have arrived at by another channel ; and moreover,
that it was of little importance to the action in which
it had been employed. He called three witnesses in
support of these averments.

JOHN CLeftx, in reply, acknowledged that, as
the action had resulted, the information had proved
of no great service to the defender's cause ; and, there-
fore, even according to the argument of the Learned'
Counsel, no blame was imputable to General Ker, for
concealing information which bore against the case of
the Dula of Roxburgh ; but that the information in
question had been main)), relied on by the defender,
in his appeal to the House of Lords, even after the
two other points in his case had been given up. He
denied generally the right of a litigant to procure in.
l'ormation, however important, by the means which
had been avowed by the defender's Counsel ; and in.
support of this opinion, he cited the authority of se-
veral respectable witnesses who had been examined
, for the pursuer.
TIteLORD CHIEF COMMISSIONER charged the Jury,
that it any wrong had been done to the pursuer,
through the means by which the defender had ob-
tained the information in question, the defender was
liable for the consequences, even to the full amount
lof expenses computed as between constituent and
; and also that if the pursuer had, in come-

LAYToN V. NORTH.

This was an action to recover compensation fut ex-
penses that the plaintiff had been put to by the acts
of Ole defendant.

Mr. BAYLY stated the case to the Jury, and said
that his client formerly occupied. furnished lodgings
of the defendant, at Southampton, at £lOO per year,
until he was obliged to remove through the wanton'
acts of the defendant.

Mr. Serjeant PELL, on the same side, reprobated
the conduct of the defendant as disgraceful in the ex-
treme. His client was a married man, a clergyman,
and a Magistrate for Essex. He took the lodgings
for the benefit of Mrs. Layton's health, and she went
to the defendant's apartments in 1819: some receipts
were put in as evidence to shew he had paid several
quartets' rent. Mr. Layton afterwards agreed to take
the lodgings for a year, from 1821 to 1822, previous
to hi; going to the Isle of Wight, and returned to
Southampton the 4th of July following, when the
defendant, wanting to get rid of the plaintiff and
his family, used every means to annoy him, by cut-
ting the wire of the parlour bell, which rendered all
the others silent. The knocker was taken off the door,
the stair carpet was pulled up, &c.
Mr. John Richard Corfe, a surgeon, proved the ill
state of health of Mrs. Layton, and that he believed
the defendant's conduct produced it. He advised the
plaintiff to move, which he did to apartments more
expensive, and paid £l4O per year.
The plaintiff's son proved the annoyance of the
defendant, who is a gun-smith at Southampton.
Mr. ADAMS, for the defendant, contended that if
the plaintiff chose to take more expensive apartments
than his client's, he ought not to come into that Court,
and especially when he had not paid all his rent, for
which he had a right of action.
The Cu tEFJUSTICE said, the question was not about,
the rent, as the plaintiff might bring his action if he
pleased—but whether the plaintiff was not entitled to,
some compensation for the expenses and inconvenience
he had been put to; and charged the Jury accord-
ingly, who found for the plaintiff—Damages 504
JULY 19. REX 'J. JOLIFFE. •
This important case occupied the Court six hours.
Thefollowing is a brief statement of the trial :

Mr. CARTER opened the information on the part
of the Crown against the Rev. William John Joliffe,
Mayor of the Borough of Petersfield ; and Mr. Set-
jeant PELL and Mr. GASELIR followed on the same
side.—The issues were 18 in number.

Mr. ADAMS, Mr. NlEttavwEAvuEn, and Mr.WIL-
LJANts conducted the defence ; and the Learned
Counsel (Mr. ADAMS) submitted that he should be
entitled to a verdict in favour of his client, the Rev.
Mr. Joliffe. The peace of the borough, he said, had
never been di-,turbed'until the year 1013, when Mr.
Atcheson attempted. to overturn the immemorial
usage and custom long established and contended
that the election of Mayor was vod by the nomina-
tion of the Steward to the Jury at the Court Lea,
and put in various presentments to that' effect.
Mr. Serjeant PELL, in a luminous address to the
Jury, contended against the usage and custom, be-.
cause no interruption had been made to the election
of a Mayor, v:ho had no duty to perform but to re-
turn Member: for the borough to Parliament, and
that the presentment should be by the Bailiff, and
not by the Steward.
Several witnesses were called as to whether tl,e
Mayor should not have been, previous to his election,
a resident, which it appeared the Rev. Mr. JoUfle
had not been, although he had a house in the bo-
rough ; but then it was proved in evidence that two
Mayors had before been elected who were not resi-
dent in the borough at the time.
Mr. ADAMS contended, that it had always been
the custom from 1801 to the present time, a period
of more than 20 years, to elect the Mayor, which
constituted a right.
The Jury found as follows: fd We find the usage
.
".dthe. fromdh"e-
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shc
iup tom
who, '1
to a special verdict,
tendant, subject to be turned in
with liberty to apply to '
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