Star.
London, England, 1804-11-23 00:00:00

P•
_being fraudulent, was eseeated fc,l4pAtiptlitrm:
pore of railing a pctmattent fund for ibijoitykenr,
creditors.
. The arguments on both add toOk !up nearly fire:
haters of the time of the Court, and their Lordltipt.
confideting it a quedion of very great
poltsponed their final judgment to another day.'
. .

LAW lATELLIGENLE.

COURT OP KING'S BENCH, NOV. ss.

. • TIII a,aob. rum HILLst. '
• The Defendant lived in Wood-fbreet,, 'Chatham.—
He was inAded for having naval Rotes marked
With the King's mark in his poiTeffion. Copper
bolts and copper fheathing, fo ditlinguiflied, were
found undzr his bed; and concealed in a flied in the
gerden. He was triad before Mr. Scricant Rum
priscrom, and found guilty at the Affizes for the
County of Kent.
Mr. GARROW. for the profecntion. prayed
judgment, but declined making any remarks in ag-
gravation.
Mr. Gnaws,: acknowledged the juffice of the
verdid of the Jury, and submitted his client to the
compaffion of the Court, with a tingle otifervation :
He carries, my Lords, upon his bead,.the oppref
five weight of three-fcore years and twelve."
Lord ELLENBOROUGH--01 Let him be. committed,
and come up for judgment on Monday."

THli km: T'MOTHT ctiicrlTON.
Mr. Pace moved the judgment of the Court in
this cafe.
Tne Defendant was tried at the laft Affizes for
Carla:, before Mr. juffice Gaanata, upon an infor-
mation, for ajtaulting William Leckey, an officer of
Each*, and obltruding him in the difcharze of his
duty, while in the ad of leizing a quantity of fmug-
glad fait.
It appeared, upon the affidavits; that the Defen-
dant was a poor man, and had been employed by
another perfon to carry the falt away, that he never
had been concerned in a thing of that itatirre before
nor finer, and maintained a very good charader.
He was feinenced to three months imprifonment
in Newgate.

THY KING fIItANCIS THOMAS CHAtErNEYS.
Mr. Easaras moved the judgment of the Court
Upon the Defendak, in this cafe.
The indiament charged the Defendant with fend-
ing a letter to James William Silk, with intent to
penvoke him to fight a duel, and which was conchs.
ded in worth nearly as follows " 1 with I had been
aware of your infolence, and i would have made
your teeth charter ; but I foppofe, you cowardly
ralcal, you would not have been fo bold 1 but you
thought petticoats might have proteaed you ; the
next time I meet you, if gait have the (pink of a
man, l'll fight you any way yob, pleafe, ice. etc."—
To which mdiament the Defendant Altered judg-
ment by default.
The Prodcmor's affidavit was read, which Rated.
that the Defendant was married to Silk's filler, and
that they carried on hulloes, as attornies, in part.
nerflrip together for fame time, but, in confequnce
of fame difagreement, the partnerfhip had been dif-
folked. On the t sth D'ecember, 1803, the Profecu-
tor was going through Gray's Inn-lane, in company
with Eliza Blanth, when be was met by the De.
fendant, uhtr, without any previous provocation,
called him " a fcoundrel and rafcal," and (wore he
would knock him down. - Immediately ;titer he re-
ceived the letter Rated to the indiament, in anfwer
to which be declared he would snake it the fubjea of
a profecutron.
The Defendant's affidavit was then read, which
Rated, that he Was brother-in-law to the Profecutor,
and had been in partnerfhip. with him, till obferving
fomething he did not like in the Prolecutor's con-
duit, a difrolution took place, when it was agreed
each fhould retain his own clients ; that there-was a
confiderable balance due to the Defendant, on the
foot of the accounts, which he was kept out of by the
Profecutor. On the day laid in the indiament, he
met the Profecutor in Gray's Inn-lane, in company
with a female with whom he cohabited ; the former
fneered at him in a mutt contemptuous manner, and
his mind being irritated and didurbed at the moment,
he wrote the letter in quettion ; notwithaanding all
which, he had no perfonal animnflty againft the pro-
fecutor—and fo far from per levering in an ill will to-
wards him, their office was kept in the very fame
boufe, at the prefent day.
Several affidavits were then read, on behalf of the
Defendant. One of the Rev. Mr. Charnpneys, uncle
to the Defendant, and Sub-Dean cf St. Paul's Col-
lege, alto ore of Defendant't father ,and filler; all
tending to Thew his furrow and contrition for what
had happened, 4n4.1 dating letters of apology of his
for his cyndua, and proporals to Frbmit to arbitration,
all of which had been deemed foil-Lint by the Pude-
tutor's own family.
Mr. Resole, on the part of the profccution, con-
tended, that the affidavit of the Defendant war rather
an aggravation of his trireme, as he threw out infinu-
ations againft the Profecutor's charaaer, which he re-
quelled time to anewer.
Lord E LLLLL °introit I think the letter both
low, vulgar, and abufive, and much more degrading
to the writer than to the Profccutor. As the proper•
fition for accommodation came from the Profecutor's
family, and that they deemed the Defendant's letter
of apology and fulanidion to arbitration latisfatioryr
let him go before the Mailer, and make fuch corn-
penfation as he may think necelfary."

• . aseerivenoisries. a __... .: . .
THE KINOI V. INCA AND SANDVDON,...rbi Dtr:il•
dants in this cafe- were.brought tita to receive joil
ment for conteMpt of an order of twoijullices ....r Ha .
Peace, of the county of Surrey,. enpieing the.D4i en'
dants, as Rewards • tif a benefit fociety called the
" United Brothers;" to replace the name of jereinial
Young on the books of thatfociety. .
The cafe had been tried before Mr. Janice 1,.
Static at the lift Surrey Sikes. The fs els of Youn,,'
having been a member of the fociety between t Ali
and five years; and, of his after expullion, were ad(
mitted.—On an application to the Magiltrates at
Union Hall, they granted an order, directed to the
Defendants, as Rewards of the fociety; to re-admit
Young a member ; and it was for negleeing or se%
fufing to comply with, this order that the inuitiment
had been laid. The ferrite of the order on the De.
fendant was fufficiently aide out; alfo that they
were the Rewards of the toddy: The fecretary,
however, on his examination, having Rated that the
Defendants had no power by the rules of the (belay
to re admit any expelled members, the Learned
Judge who tried the quelion gave it as his opinion,
that the, cafe had not been made out againft the De-
fendants ; therefore, without hearing Mr. Serjeant
Bast, who attended as Counfel for the Defendants,
he fent the cafe for the jury, informing them that
they ought to be fatisfied that there was contumacy
on the part of the Defendants in neglecting to obey
the order, and that they were autionifed by the laws
of the fociety to Jennie them. It was here (fated that
they, had no power to re-admit ; and on the part
of the profecution they had negleeed to produce a
copy of the laws, to difrove this affertion. Under
there circumfiances he thought the Defendants were
not refponfible, and therefore that the Jury were
bound to acquit the Defendants. To the attonifia-
mein of his Lordfhip, however, the jury found the
Defendants guilty. The Learned Judge begged of
the Jury to confider their Verdie : they did fo; and
again retinned a &rondo Verdi& ; which the Judge in-
formed them was not to his fatisfaaion. .
Mr, Sedeant Best Paid that he had an affidavit ro
produce,' which contained the fubflance of what
would have been Rated for the Defendants had the
Learned judge, on the trial, sot thought all'defenee
unnecelary. He had been prevented, by the fault
of the attorney engaged by the Defendants from
moving within the four fiat days of term for a new
trial ; but he hoped, after the report of the cafe made
by the Learned Judge who had tried it, his clients
would not (offer by that unavoidable mama.
Mr. NOWLAND, for the profecution, laid. that the
Defendants having. themfel v es come up for judgment
this day without giving any intimation of their in-
tention, he was not altogethe- prepared on the fob-
jee. He prefumed, however, with all Cube:Moo,
(till to think that he could thew that the verdia of
the Jury was neither againft evidence, nor againfk
law. It was not incumbent on him to enquire what
were their own laws; what the Defendants bad been
called on to !hew, and the Joey to determine. was,
had they obeyed the order of a competent, and of the
only competent tribunal! He did not well know,
however, as the cafe flood, what was required of
him • whether to (sew caufe agaiaft a rule for a new
trial'? againff an arren of judgment; or, on the quef-
tion of punifhment. It, on the lag point, he bad two.
affidavits to give in.
Lord Etternsozoorn.—" Yott mull SA f hew that
the Defendants had it in their power to do what was
required of them."
Mr. NOwLAND Paid that he conceived fueli power
was clearly given by the Al of the 33d of the King,.
chap. 54," entitled an As for enconrag:ng benefit fo- •
cieties. ' An As, the benuticial confequences of
which to the poorer defies was univerfally acknow-
ledged. 13y the e;th fettion of this Mt, power is
given to members of theft focieties, when they have
any grievances to complain of, either as to the ad-
miffion or rejection of members, to fummon She war-
dens. Rewards, or other principal officers oldie fo-
ciety before any two Jultices of the Peace within the
bounds, who !hall immediately proceed to determine
in a luminary manner the complaint brought before
them, and than thereon make filch order as to them
(hall feem jug ; and every loch order (hall be lhaul
and concluiere to all intents and purpofes ; and (ball
not be removed into any fuprtior Courts. Hele a
cimplaint was brought before a competent Court.—
On that complaint an order, as diretteh Inv the As.
WAS made ; this order had been rertlatly ferved on
the Defendants; and they had dirobeyej it.
Mr. Jul lice Lawat sr.F.—II yr u can (hew it was
in their power to have ohcycd it, a-d that trey di4
not do M. then they may have ailed conearratiorafly.
Mr. Nowaaso laid, it had been roofed in evidence
that the Defendants were Stewards nt the Society.
They were among the defcription of Farms whom
the aft authorifed to be fummoned ; they had ac-
cordingly been funtatooed before a competent tribte
nal # an order of that tribunal had been direeed to
DIWPY v. Z &TIMM. them enjoining them to replace Young's name on the
This anion WAS brought againft the High Sheriff books; this order. however, was their power and
of Wilts, for the purpofe of trying the validity of a authority for replacing the name ; the order was de-
deed executed by Lord,,Arundel to Truftees fur Lady dared by the Mt to be final and conducive, ant to
Arundel, of his Lra•cllbip's fear, called Wardour be fubje& to the review of no other Court ; there-
Celtic. in that county, and all the furniture, plate, fore, in difobeylog it, they were ilty of a contempt
piaures, &c. fur the purpofe of railing a fund for the of authority under the Aft of Parliament. If the
payment of his Lordliaip's dehtt.—[ rhe particulars order did not give this power, sad at as a complete
of the trial. which was had the Siaings after tali mandate on the officers to whom it was directed, the
Term, and the MI& (mem m( on by 'alt. Gibbs, to Mt was a nullity; there was no way in which it
fee slide the verdict f-sr the Plaintiff this Term, we could be enforced.
have given in former Papers.] Mr. W t followed cn the fame fide. The
Yetterday the Learned Judge's (Lord E widow of Young, who was now the profecutrix. he
lotion's) Repeat was read, and Cowie' Was heard (aid, was in extreme
to
y, Pnd Mr. Nowliand and
on either fide this day. he had been applied to, acsi ha(l curried on her caufe
Meltrs. GARRCW. PARK(' and Wictty, were beard as ; f fbe
.11,011ra ‘ MI, /,-
in fupport of the sordid, olio, in molt able and learn. Mr. Sericatit Bear produced his affidavit, which
cd argument., cootai.d. (1 that the deed sva, fraodn- being re n
Ed,
lent, and inte:.d..d so de,..st the Citt:;(..l; I f then pill Lott! ttlatlnltOrC,N, after confulting with the
rights, and that theft were laths fufficicat before the other Judgea, fed, as
thet Det,:ntirnts had not at all
. Jury to aura sot that •erdia. teen heed in this cas
s the vet die bad been con-
Meffrs. Ea sx la I, GIBS:, and r, i •:. '• AOl i- sos wcie ttaty to the tpit.ion of the Judge. and in part to the
heard on the patt ..f. the Defendant, wh's e^n,ended e•idence, it would be fatisfattory, in a ale of fo p-
• that the hafts did not wa:ralit t:.c Jay to c,-me to octal a sature, that both fides were pat on an equal
Inch a conclufmn ; and that the decd, fa h.; funn a footing, and the matter tried of new. (Taruateer.

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