Star.
London, England, 1820-02-02 00:00:00

shall be under a necessity of arguing the.cuse, .and
iiterefore I subdrit that diet Is no,'-nitesiity for at
Ining it new.
Mr. Justice HCLECkYD.-4t appeait to me that you
*Mt state some grounds for- calling upon the Court
-to grant this writ. I algii think that you• ought to go
so tar as'to strew that the Commitment wat illegal.
`For how can this Court act unless there be an impu-
tation cast upon the legality of the commitment ?
•Mr. Justice Bash said, he agreed with his Brother
•Holroyd.
Mr. EVANS continued to argue, that the Court was
bound to • grant the writ. He, then, at the desire of
'the Court, referred to the Act itself, which, after re-
citing in the Preamble, " That whereas various delays
had occurred in criminal matters, &c. when the
party imprisoned shall bring complaint, &c. if any
Judge refuse the writ of Habeas Corpus, for every
such offence, he should, oyeit £.500." Here, then,
14/as no exception, except the cases of persons charged
with being guilty of felony and high treason.
The CHIEF JUSTICE.—The practice of the Court
has ever been as I have stated it, not to grant a Ha-
beas Corpus in cases where the prisoner was likely to
be remanded. This has certainly been the practice;
but as this is a case which materially regards the
liberty of the subject, I wish that nothing may be
done prematurely. Mr. Evans you may take the
writ nbw, or move for it on Thursday next, when
the Court will be full. (Mr. Justice Bayley was
- .

. . .
nal information against the defendant, a clergyman,
for some differences which he had with the plaintiff;
a schoolmaster, as to settlink some glebe lands He
was instructed on the part of the Gentleman to say,
that he was very sorry for having done the plaintiff
any injury.
Mr. SGARLITT, on the plaintiff's part, -accepted
this apology, and the Rule was ordered to be dis-
charged.
THE KING V. KEANE
Mr. STARKIE made a motion to remove the trial,
of this cause into the Court of King's Befich, or else
to the Assizes for the County of Chester, from the
County of Lancaster, on the ground that the defend-
ant, in the latter place, could not have a fair trial.
It was an indictment against the defendant for
selling arsenic for the destruction of dogs and foxes.
The plaintiff, thinking these latter animals very nox-
ious to the farmers, had taken this method of ridding
them of them. So great a prejudice, however, he
said, was raised against him in the County, from the
partiality of Gentlemen for fox-hunting, that he did
not think he could get in impartial Jury there. On
these grounds he prayed the Court to remove the
venue.
Their Lordships, hoWever, would not listen to the
motion, because they could not presume that the
whole County were so prejudiced by this passion for
fox-hunting, as to lose, s►ght of justice.—Motion,
refused.

)sent).
Mr. EVANS said he would now, with the permission
of the . Court, take the writ to bring up the prisoaer
on Thursday.
The CHIEF Jt:sTiff: then granted the writ, at the
same time saying, that by it the Court did not
itself to any ulterior course of proceeding.—Wqt
granted.

HABEAS CORPUS.
Mr. PULLER moved for this Writ under these cir-
cumstances-:—A. Gambella, a French prikoner
of war, in 1817 married the daughter of a Mr. Mor-
ton, an English Gentleman, though against her fa-
ther's consent. So strong was the patent's dislike,
that he got the plaintiff removed to another prison ;
but he returned a short time ago to claim'his wife
and infant child. These were refused, after repeated
applications ; and he now sought the writ to bring now-sznerr.—Yesterday, Jagger* and C. Pat-
up the infant's body, or to shew cause why he de- term, were re-examined, charged with being con-
tained her. corned in numerous mail and stage-coach robberies
The CHIEF-JUSTICE.—Take the Writ. that have been committed within the last few months
P10111101:SP. at the Golden-cross, Charing-cross. Since the former
Mr. Evaxs said, he rose to move fora Writ of examination, Mr. Horne, of the Golden-cross, traced
Habeas Corpus, on the part of John Cam Hobhouse, two 51. notes, which had been stolen from a parcel,
Esq. now a prisoner in Newgate. to two linen-draper's shops in Covent-garden, where
The CHIEF-JUSTICE.—On what grounds do you they were paid by Mrs. Clayton, with whom the pri-
move ? soners lodged, within a short time of their being
Mr. Eva iss said, on the applicant's affidavit, Which stolen.—Mr.BlßNlE said, there could be no question
stated, that being at his house, No. 1, New-street, that Mrs. Clayton had a guilty knowledge of the
Spring-gardens, on the 14th of December last, two transactions, and she, with the prisoners, was ordered
persons, representing themselves to be Messengers of to be committed. They were each sentto a separate
the House of Commons, called upon him, and after prison, for re-e'xaminathn.
having mad 2 a prisoner of him, conveyed him to • floas.—Complaint was made to the Magistrate,
Newgate. He asked them for their authority, and by the proprietor of the Fountain Tavern, Catherine-
he was shewn the warrant of the Speaker of the street, of a }Max that has Iseen petty extensively
llouse of Commons for his commitment ; and he played off upon him lately. Some wags, it appeared,
afterwards learned it was for a breach of the privi- had consulted the daily newspapers for advertise- I
le` es of that house, though he had not had an op- meats for situations, and selecting those of females,
portunitv given him ef nicethtg the charge, or de- had taken upon themselves to answer by letters, at-
tending himself against it. ways directing. the advertiser to call at a certain
The CHIEF-JUSTICE desired the warrant to be read. hour at the Fountain Tavern." The house had in
Mr. EVANS tKeii read the warrant, which, after consequence been completely Wet by governesses,
reciting a resolution of the House, that a book, said ladies' maids, housekeepers, and other domestics, for
to be written by Mr. Hobhouse, was a libel on the the last few days, and it afforded constant employ-
Legislature, and on that House in particular, con- ment to one person to open the door, and to answer
eluded by the Speaker's. warrant to the Keeper of the numerous applicants. Amongst the number of
Newgate to take him into custody. . applicants *ere several young females of -consider-1
The ('tries-JusTich.—The warrant sets forth that able respectability, seeking situations as governesses
the book was a breach of the privileges of the House, Or companions.—An officer was ordered to exert him-
and that the defer: mat was guilty of it. Under these self for the discovery of the authors.
circumstances, .cair this Couit hitt% fere ? ROBBERY OF THE BATH MAiL.-31onday night
Mr. EVANS said, he was not prepared to arguethe the Bath Mail-cola drew up to the Gloucester
matter now, not thinking he would be under a ne- Coffee-house, in Piccadilly, as is custodiary, when
cessity of doing so. the mats employed at that Office, known by the name
The Cni es:Jostles said, he did not mean that the of the Banner, set about packing the parcels, be-
Learned Counsel.should take, as coaclusive, what he longing to the pas.engers and others, directed to go
had said. If, at a future time, he could slew better by that Mail, when finding that he could not pack a
grounds for applying to the Court, lie would be 'at large band-box, there riot being room for it, he wok
liberty to mention it. it back again into the office; and as he was returning
Mr. EyaNs thought, the hare fact of the applicant's again to the Mail-coach, he was stopped by a man,
being in custody el:titled him to call upon the Court %slio asked him a few trifling questions, which no
for a Writ.of (70-pus. This doctrine was ex- doubt was solely for the purpose of delay, and when
emplitied in Fowler's case: he got to the coach and opened the door, he found'
Mr. Justice lirs'r. said, that the Learned Counsel the other door had been opened and left so, and im-
could not have forgotten that, in that case, Lord mediately missed a. parcel which proved to contain
Kenyon of wards said he did not know that it was £1,400, belonging to the Devizes Bank ; and, strange
for a contempt of the House of Lords. Here the to tell, one of the Proprietors as going with it to
charge was not of a libel generally, but of a libel take case of it.—The robber escaped undiscovered,
won the House of Commcws. no doubt with the man in league with him, who stop-
Mr. LvANs said, that in that case the warrant was ped the porter or runner to ask him a trifling question
annexed, and the Court could not fail to sec what to delay him.
the natio eof the charge was. The Learned Judge Mits. I'iozzi'S BALL.—A Ball, Concert, and Sup-
bad actually asked, if it was not for a libel upon the per, were givers last Thursday, at Bath, by the cele-
House of Lords ? brated Mrs. Piozzi, with whose name are associated
The Clilt.F-JUSTICE.—II appears a writ was then some of the best feelings of literary recollection;
granted, aid the i:i.fendant was brought into Court, whose intimate friendship with Dr. JOHNSON, and
when the power of this Court was Then discussed, the sei,s and writers of his day, combined with her
and its jurisdiction slcfined, own classic attainments, have raised an halo of im-
Mt. Eva writ would be very desirable perishable fame around her character. Thirty-five
if it was only to ascertain of what nature the wart ant years (says the Bath Herald) have elapsed since the
of committal wa„. It should, at least, be required death of Dr. JoHNSON—half the allotted age. of
•o 1 the Jailer, to say, whether he had given to the mortals, since those days when it was supposed
prisoner the warrant of committal. Mrs. Piozzt was hi the very zenith of her powers; and
The Clitzr-JusTice.—Mr. Evans, you have now now with all her faculties bright and clear, without
shifted your ground. If you mean to go upon.* Jug. those "searnings"which,many years beforethat period,
gestion that he was shesvn an untrue ropey, it is quite she had so pleasantly depicted, she issues seven )un-a
different thing. dred cards of invitation to a concert, ball, and sup-
Mr. EVANS said, he did not rest any part of his per, for the celebration of_ her eightieth birth-day!
case upon that. • actively employs herself in all the fatiguing prepa-
The Cutler-Jusrice said, it was the practice gene- ratory arrangements; and actually opens the ball, by'
rally in that Court net to granttt Habeas Corpus in going down a country dance with:all the grace and
any case where it was likely the party would be re- neatness of a matron of 45 ! For the last month,
manded. The principle upon which the present ap- the world of fashion has been anxiously anticipating
plicant moved for it seemed well understood, and it the pleasures of this unique entertainment; and about
was not hard to foresee what would be the result.— nine o'clock, en Thursday evening, the company be-
He asked if the Learned Counsel was prepared with gan to assemble at the Kingston Rooms. The concert
any precedents of a contrary practice ? commenced at ten o'clock, and the supper-rooms were
Mr. EVANS again repeated, that he was quite un- opened at twelve; the banquet comprised a profusion
prepared with any argument in support of the appli- of all the delicaciesof theseason, displayed in the most
cation. If he understood the Act properly, there was elegant style ; and the wines and liqueurs were of the
an obligation upon the Court to bring up the prisoner choicest flavour. After supper, Sir Jamas SAUNA-
upon his application, and suffer him to impeach the Ali rose, and proposed the health of Mrs. Prozzr,
legality of his commitment. which was drank with enthusiasm, and with three
The Curev-JUSTICE.—Do you mean to say, that times three. About two o'clock, dancing commenced;
every man who is in prison can demand from the Mrs. Prozzi led off the first dance with Sir J. SALIS•
Court a writ of Habeas Corpus, without assigning nuar, and by the grace and elegance of her-manner
:efficient cause ? astonished the company ; after which followed qua;
Mr. EVANS contended that there was no exception drilies and country dances, alternately. The assens;
to the role, except persons charged with high treason bly.slid not quit the festive scene till five o'clock, and,
or felony. then departed truly gratified with their entertains
The enizi-Jusrics.—Our practice is against this meat, and pleased with the politeness and attention ,
doctrine. We would gladly hear yen urge . any of their highly..gifted hostess, who, by her general'
grounds which you may have for demanding the writ', affability aid inspiriting cheerfulness, charmed the
EVANs.--,Wben the prisoner comes *p, we whale companT. '.14