Star.
London, England, 1818-01-24 00:00:00

COURT OF CHANCERY, JANUARY 23.

This being the first day of Hilary Term, the LORD
CIIAXCELLOR, attended by Sir T. PLUMER, Master
of the Rolls, Sir J. LEACH, Vice-Chancellor, and
the other Judges, came down in the usual state to
Westminster-hall. His Lordship, on coming into
Court, intimated that no appeals should he heard
newt week in the House of Lords, and that during
the Term, he should hear not!ing in the Court hut
appeals and causes for further direction. The other
business of the day was totally unimportant.

COURT OF KING'S BENCH, JANUARY 24.
APPEAL OF MURDER.
ASHFORD V. THORNTON.

In the Sittings last Term, Lord ELLENBOROUGIi
having fixed this day for the farther hearing of the
parties in this important and interesting cause, the
Court was crowded to excess at a very earl•- hour.
Justice HOLROYD entered the Court about half-past
nine, and proceeded to hear ordinary motions until
ten, when Lord ELLLKBOROUGII, and Justices AB-
BOTT and PARK took their seats on the Bench.

Mr. READER, the defendant's Counsel, then rose
and moved the Court on behalf of the defendant,
that the Clerk might be allowed to read the Replica-
tion to the Appellant's Counter-plea ; and at the same
time stated, that the defendant was present, and
ready to verify by affidavit, the whole of the facts
stated and set forth in the said Replication.
The Clerk of Court then proceeded to read aloud
'the Replication, which, in the first place, denied that
the allegations made by the Appellant, in the Counter-
plea, were such as ought to deprive him of his right of
Wager of Battail, agreeable to the law of the land,
because, &c.—(Here the whole of the evidence ad••
duced by the Defendant on his former trial was re-
cited at great length).—And because the said De-
fendant had'already been indicted for the said crime,
and tried and acquitted by a Jury of his Country, &c.
—(The Replication is very long, and recites all the
minutia of the proceedings on the former trial, names
of the Jury, &c. &c. &c.)
When the Clerk had concluded,

Mr. CLARKE, the appellant's Counsel, rose and
moved on the appellant's behalf that he might be
allowed to see the Replication until Thursday next.
Mr. READER—To this I can have no possible ob-
jection.

Lord ELLEXBOROUG-ll—Then let the Appellant see
the Replication until Thursday. Let the defendant
be again brought up on that day.
The prisoner Thornton does not seem to be in the
least depressed in spirits, and conducted himself with
great apparent confidence. Both he and the appel-
lant were very genteelly dressed in black.
Among the audience were a number of Ladies !!

Hilary Term commenced yesterday, an,? the returns
from the different gaols, hulks, &c. under cognizance
of the Court, were read as usual.

HABEAS CORPUS SUSPENSION.

John Roberts, John Smith, Francis Ward, John
Johnson, James Knight, .Samuel Brown„John Bagully,
and several others,. late of Manchester, Derby, &c.
appeared on the floor of the Court, ai.d claimed to
be heard separately.

John Roberts, of Manchester, said, that he had
been confined in Gloucester gaol, under the Habeas
Corpus Suspension Act, and had been liberated at
the beginning of the present month, under a recog-
nizance to appear in the Court of King's Bench on
the first day of this Term. He wished to know if
Lord Ellenborough had any charavainst him?
Lord ELLENBOROUGII-" I a charge against you ?
You must couch your application properly ; I haie
no charge against you."
Roberts—" Then, will your Lordship counsel me
what I am to do, and where I am to obtain redress
for my unjust imprisonment ?",
Lord ELLENBOROUGII--" I am a Judge, not a
Counsel. You have appeared, ind therefore you have
satisfied your recognizance."
William Gill—" I appear in this Court pursuant
to an agreement I entered into on the 20th of No-
vember last. I belies eit is called a recognizance. It
bound me in 1001. to attend here this day."
Lord ELLENBOROUGH-" You have then attended,
and satisfied the terms of the recognizance."
(iill—" I won't detain your Lordships long. I
suppose you are acquainted with my case, and what
lam charged with. I think it necessary to state the
circumstances that have brought me here." •
Lord ELLENBOROUCIF-" We have nothing to do
with it. You were required to attend the Court, and
you have attended. If we were to hear every person
who addressed irrelevant matter to the Court, the
Term must be extended to twice its present length."
Gill—" I was taken f: orn my bed in the midst of
the night, and hurried to a lonesome dungeon:-
Mr. Justice BAYLEY—" Have you any affidavit ?"
Gill—" Yes."
Mr. Justice BAYLEY—g, What does it state ?"
Lord ELLEicaonouGH—" What do you call for ?"
Gill I call for a trial."

Lord ELLENBOITIOUGII—" You are hound by your
recognizance to appear in Court, and your appear-
ance will be recorded."

Gill—" I have come 130 miles, having horrcr.ved
money from my friends for that purpose. I am now
without a farthing in mypock?t,and I seek redress."
Lord ELLENBOROUGII—" Proceed with the pe-
remptory paper."

Vrancis'N'ard—" I move for a rule that I be dis-I
charged from any recognizance into which I entered
on the 13th of November. That recognizance calls
on me to appear on the first day of Term, and after-
wards from day to day. I call on the Court to dis-
charge it."
Lord ELLE:vsoitoucit—" You have appeared, and
fulfilled it."
Mr. SCARLPTT—" I think there is a mistake in
this business. The Magistrates who took the recog-

nizance, I •apprehend, said to the parti !s, that it bouni
them to appear on the first day of Term, if 1 equir:d."
Lord ELLENBOROUOI.—" They have not call-
ed on to appear. It is a voluntary intrusion—and I
will lose no more time with it."

John Johnston—" I have come from Manc7iester,
and am placed in circumstances slniiiit: t..t chose of
the persons who have preceded me. But, lest it
should he said, as the Learned Counsel behind me
has done, that we have migaken this matter, I shall
read the recognizance I entered into :
Exeter Gaol, January 5, 1918.

" You are to make your appearance in his Majesiy's Court of
King's Bengt, Westminster, on the first day of neat Term, to
answer alLettch matters and things as, on his Majesty's behalf,
may be objected against you, and so, from day to day, and not
depart the Court without leave, under pain of forfeiting your
recognizance of one hundred pounds."

fsigned this, and I ask whether my appearance
here this day answers this recognizance ?"
Lord ELLENpOROUGIT—" Is there any person here
requires him to attend further, on the part of the
Crown? You need not appear here again, unless
called on. But 4 e recognizance has a continuing
effect, if it be act,:d on."

Johnston—" That is not satisfactory to me. Such
a situation is grievous to me, though not to your
Lordship. I must, according to this instrument, at-
tend from day to day, which neither my pocket nor
my business will allow."
Lord ELLED;BOP.OUGM--" Then you want to be
discharged from its operation ?"
Johnston—" Yes. If lam discharged there's an
end of it. If I appear to-morrow with an affidavit,
will that be sufficient?"

Lord ELLENBOROUGII—" I can say nothing of
what will be sufficient, till I see what is proposed.
If you appear to-morrow we can decide on what you
propose."
Mr. Justice Bnytr.v—‘, You have entered into a
recognizance, 'and we cannot change the effect of it.
If it continue for a year, you must cume whenever
called on. You are not discharged when you appear
once."

Johnston—" But 1 may go bask, and be again
brought up 200 miles. Is the recognizance to be
kept in terrorem over my head, as much as to say,
that, unless lam a good lad, I shall be visited by
the power of the Secretary of State?" _ _

Cord ELLENBOROUGII—" Let us have no foolish or
indiscreet language. If it be an illegal recognizance,
you may move that it be discharged. But!•. if it be
in the usual form, as I believe it is, your application
will be useless."

John Knight—" I am also from Manchester, and
am similarly situated with those who have addressed
you. My recognizance is as follows—rHe here read
his recognizance, dated Worcester Gaol, January 5,
1818.3-1 have attended, in conformity with the
recognizance, and beg it may be put an end to as
speedily as pcssible."
Lord ELLENBOROUGII--." We have done with you.
You may depart."
. .

Knight--:‘ I want to know"
Lora ELLLNBOROITGII—" We will not advise you."
Knight—" I have attended on the first day of this
Term.

Lord ELLEWBOROUGH—" The Court will take
notice of it." .

Knight—'" Does it require me to attend every day
this Term ?"

Lord E:.LENROROVGII—" If you are wanted, the
requisition will be made to you, and due notice will
be given."
kr.ight—" The recognizance obliges me to attend
this day, and every day this Term. Is it necessary
that I should attend ?"

Lord ELLENBOROUGII—" Not unless you have no-
tice. I cannot sit here to repeat, a hundred times,
what, if you have ears and understanding, you must
now be sensible of. You have no reason to appear,
unless notice be given."
Knight—" Does this recognisance expire with the
Term ? You, or somebody else, says tt will bold
for a year."

Loid ELLENBOROLTG/I—" When your non-attend-
anc? comes under the observation of the Court, they
will decide on the point you mention. At present
they have nothing to do with it."

Samuel Drumniond--" I come from Manchester
also, and my business is similar to what you have
already heard. All I ask is, does the recognizance
become null and void by my attendance this day
If so, I shall depart without giving the Court any
trouble."
Lord Et T.ENAOROIX:II—" We are not called on to
give an opinion on any recognizance into which you
may have ent.rcd, until sonic act is done on it which
calls for our judgment. When that happens, we will

Mr. Justice ABROTT—" You need not attend till
you are required."

Drummond—" The terms are definitive. I must,
according to them, come WO miles, without being
specificAy called on."
Lord ELLEsnortoutt—" If you will not desist, we
must direct that thi: Court he cleared of you..
Drummond—" 1 hold in my hand An affidavit, and
desire that it may h,. read."

Lord ELLENEOHOU(.3t—" What tin you move?'
Drummond—" I move that my recognizance he
dcae away—or that a trial he granted me fiwthwith."
Lord ELLENIIOItOUGII de:.ired that the peremptory
paper should be proceeded with. When it was gone
through, their Lordships rose, and Chief Justice EL-
LENBOROUGII, Mr. Justice ABBOTT, and Mr. Justice
lioutorn left the Court. Mr. Justice BAYLEY was
also moving away, when—
Francis Ward put in an affidavit, and desired it to
be read, stating that he would found a motion on it.
`lr. Justice B.tYLEY having read the affidavit, said
—" I have read your affidavit through—and the
wka.t thing you can do is to go home:
Ward—" Am 1 to understand that you refuse my
affidavit ?"

Mr. Justice BAYI.EY—" No ; I do not refuse it

rend it."

Ward—" Then I move that I be discharged from
my rec.)gnizance, or else that I be brought to trial."
Mr. Justice linvi,rv—" The Court has no power
to e, either of those thiagF." •
Ward—" I am in lAindrn without the means of
going hr.,mc or staying here."
Mr. Justice BAY L/IY*---" If you take my advice you
will go home. You are not likely to he called on by
those who caused you to enter into this recognizance.
I can do no more for you than this."
Ward-- I ara bound to appear in thi:, Court, not

when called for, but this day. Am Itd understand
I may go home discharged from the recognizance?
What am 1 to do?"

Joliu Bayley--" I was discharged on the sth of
January, from Lancaster Castle, on a recognizance
similar to those that have been read. I came into
Court to fulfil my engagement. I have no affidavit,
but I will get one by to-morrow, and move for tle
discharge of my reconizance."
John Johnston—" My Lord, do we leave the Court
by your permission ?"
Mr. Justice BAYLEY—" Yes."

Johnston—.“ When we come up to-morrow we will
he better prepared. There is no use in saying any
thing further now."
All the parties then retired. They are hearty,
athletic men—and, in general, respectably dressed.

MAYOR OP WEYMOVTII.
Mr. GAist.ez applied for a month/mug to be issued
to the Officers of the Corporation of Weymouth, cr-
derjng them to swear in Mr. Oakley, who had been
laAffully chosen Mayor of that Corporation, on the
day of the last election. The person now filling the
office was a Mr. Weston, who had a •majority of
votes ; but the objection made to him was that of his
not having received the Sacrament, according to the
forms of the Church of England, within one yeAr
previous to his election. No poll was taken at the
election, but the shew of hands was declared to be in
favour of Weston.

After soe conversation between the Judges and
the Learned Couniel, the latter said he should apply
fot two Rules—for a Mandamus to swear in Mr.
Oakley, and for a Quo Warranto calling on Mr. Wes-
ton to shew by what authority he exercised the _office
of Mayor.--Rule to shew cause granted.