Star.
London, England, 1827-06-28 00:00:00

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LAW INTELLICENCL,
•
COURT OF CHANCERY, Jaws
. Tha.Court having disposed of some lunatic ped •
proceeded to hear counsel in the cause of
MORRIS AND DAVIS.
Mr. TAUNTON, MI. CAMPBELL, and Mr. Unmoor*
who were Counsel in the trial of an issue directed trove
the Coen of Chancery, argued upon the application for
a new trial. The facts have been detailed before, and
. the question turned upon the legitimacy or illegitimacy
of the plaintiff, who was born while his mother and her
husband were living apart.
-The argument was not finished at the rising of the
Court.
VICE-CHANCELLOR'S COURT, Juan
THE EAST INDIA COMPANY V. CAMFION, BAZETT, AND
OTHERS.
Mr. HORNE said he wished to address a few observa-
tions to his Honour with reference to this case. A re-
port of what had occurred when the case was last be-
fore the Court bad appeared in the newspapers; and as
Certain expressions in that report appeared to have
wounded the feelings of the Learned Judge of whom
they were said to be spoken, it was but right that the
matter should not go unexplained. The Learned Gen-,
tleman went on to observe, that he had made a motion,
the object of which was, that the Learned Judge allud.l
ed to might be applied to for his notes of a trial which
came on before him, in order that this Court might be
put in a situation to judge whether or not a new trial
should be granted ? He (Mr. Horne) was so little accuse
towed to prepare what be intended to
.speak, that he,
could not charge his memory with the precise words I
which he used on that occasion ; but of this he was sure,
that if be could have made the attack reported in the,
newspapers, it would have been most wanton and
called for. He, in fact, had nothing to do on the oc-I
casion but simply to apply to the Cow for the notes cti
the triartaken by the Learned Judge, and he stated to I
his Honour that an issue had been directed upon a bill of
interpleader, that the question was one of law merely,
and that the amount of the lien claimed had nothing'
whatever to do with it. He certainly remembered tee,
have added, that the practice of this Court did not
ap-
pear to be understood by the Court below. In the re-
port in the papers something was represented to him
fallen from him imputing peevishness or soreness to the
Learned Judge in question. He (Mr. Horne) hoped,
however, that his Honour remembered enough of the
proceedings on that occasion to do him the justice ol
say that he had not so expressed himself. He certairslrl
recollected saying, that the short-band writer's notes,
were referred to, and that they reported the Ltarneill
Judge to have said that nothing had been tried but his
patience ; but by this expression he meant nothing die-1
respectful to the Learned Judge in the way it appeared
in the papers. He must however say, that some diffi-
culty attended the manner of reporting the conversation
which took place at the time alluded to, as, in fact, it
parto&k more of a dialogue with his Honour than any
thing else. The Learned Gentleman then said, that he
had nothing now to do but to repeat what he bad al-
ready done to the Learned Judge in private—namely,
that nothing was farther from his intention than to make
use of any observations that-'could be considered at all
'disrespectful to the Learned Judge, or to any other per-
son concerned at the ilia), in the way in which the re-
presentation—for he could not say misrepresentation—
had been set forth.
• His HONOUR said, that the objectionable paragraph
had bees pointed out to him. He usually paid so little
attention to what fell from Counsel with respect to the
characters of persons, that he did not immediately To:
collect the exact words used by Mr. Horne on the cc-
casion alluded to. Having read the paragraph, how-
ever, he was free to confess that no expression in the
offensive sense attributed in the newspapers to Mr.
Horne had been used by him, and he was quite sure
that no Gentleman connected with that Court would
express himself in disrespectful terms with respect to
the members of any other Court.
Mr. Houma said it was quite impossible he could
have meant any such thing, for when the subject was
first mentioned some time since, be told his Honour
that the parties would admit the shott-hand writer's
notes, but that it would not be quite respectful to the
Learned Judge to use them, unless he were asked psi
forma by his Honour's officer for a copy of the note
which he had taken at the trial.
The YICE CHANCELLOR observed, that during the'
time that Mr. Horne was talking of what bad occur.
red in the Court below, he was considering whether
the issue had been properly shaped by counsel in this
Court, so as to have led to a misconception in the
Court below. His Honour said certainly, that some-
thing in the way of a sleight-of hand appeared to have
been practised by the opposite party.
MI. HOENE remembered his Honour to have said
so, and he himself also remembered to have said that
his learned friends, the Sergeants, appeared not to
know exactly what the practice of this Court was.
The Vica CHANCELLOR said, he was sure that the
hibit of reporting the proceedings that took place is
Courts of Justice in all cases that were decided, was
useful to the public; and he was convinced it would'
not he less useful if whatever of a personal nature that
might happen to occur in the course of the proceed.
ings were omitted in the Reports.
HARRIS R. KEMELE.
Mr. Teets; applied to his. Honour on behalf of the
defendant in this case, that the motion for a rehearing
might be advanced. The petitioner declared that he
was considerably embarrassed by the decision of his
Honour's predecessor, and the numerous creditors
claiming on the joint property were in a condition of
doubt and uncertainty, until the rehearing should take
' place.
Mr. SUGDEN slid he appeared, strongly to oppose
this application, and he hoped that his Honour would
not hold out any hopes to the petitioner that there was
anything in his case to induce the Court to grant him
the indulgence which he sought. The petitioner had
• no right to expect that his motion should be advanced
above other suitors, to their prejudice ; let him wait his
turn. The case had been folly argued for seven days
before his Honour's predecessor, and the petiti n. r evi-
dently wished to take the chance of a new Judge, a
judgment having been pronounced against him ; and
this indulgence he seemed to claim merely because he
was the holder of a theatre.

His Howoua ob:ei red, that as soon as the further
directi.ins were got thri.ugh, it would then' be the proper
time for him' to consider the question of rehearing.
Motiop refuse&
tooRT op KING'S BENCH, Jame 47.
' rinKINIIOI.. THE CORPORATIftI Or LIVERPOOL.-
. _

Thst.vral an appeal. from an order of Session, where
it was adjudged that the defendants, who were the