Star.
London, England, 1827-11-20 00:00:00

enclont had not

refunded to them what they. bad paid beyond the profits
of the four wars up to 1829. •
The Vras-Cnancau.na was of opinion that the only
question in the case was, whether there had been a suf-
ficient specification .f thy contract contained in the
proviso, so as to enable the Court to say that it had
teen carried into erect The whole business in trade
of Wright, together with the newspaper, was to he pur•
chased by Messrs. Goderice,. Aichbold,
and carried on in conjunction with 'the printing re;ta-
blishment of Goderice and Archbold; that the business
of the'newspaper had been so carried on, end, in his
opinion, is was not a questioo of much importance,
whether that business was carried noisy Arohibold or
not. It was for all purposes of the contract quite suf-1
ficieat that there was such an identification of the sub-
ject of it, as to enable the Court to say that there mast
be an account taken of the profits, and a return made
of all the sums paid to Wright beyond that amount!
Thy profits, as stated, were I.2SSL 8..3d. If the de•
fendant consented to take that som as the profits, then
the decree might go for the difference; but if he were
not satisfied, then there must be an account taken be—
fore the Master_ _ _

Mr. Barmen said, that the defendant would certainly
require an account.
After mucb discussion between the Counsel on
both sides, . . .

_ .
The Vice CHANCeLLOR promised to sketch out the
plan in which he thought the inquiry ought to be con-
ducted before the Master. . .

COURT OF KING'S BENCH, soy. 19.

Mr. Taylor and others were brought up for judg.
tnent, but as Mr. Justice Bayley WAS employed in the
Bad Court, the judgments were postponed to a future
eay.
PROHIBITION.

The Arroange-Gicaam. applied to the Court fee a
rule to strew cause why a prohibition should not issue,
directed to the present Bishop of Chester, to prevent
him from proceeding to a deprivation of the Rev. Mr.
Law, son of the late Bishop of Chester, of his office—
a Prebend of the Cathedral Church of Chester. Mr.
Lite had the greatest respect fee the Bishop, and for
the other Prebends, and the Dean and Chapter, and did
not wish to complain any further than was necessary for
the protection of his interest in the Cathedral. and he,
would therefore content himself with a bare statement,
of the circumstances of the case, as far as was material
to the object which he had in view. The Cathedral
bad been founded in the reign Of Henry VIII. and that
and the Prebends belonging to it were, placed undeir
the government of a Dean and Chapter. Some lands
belonging to the Prebend in question had been assigned
to Mr. Law, and consisted of a coach house and stables,
and two acres of lane, in the city of Chester. These
lands had, with the consent of the Bishop and the Dean
and Chapter, been let in 1696 to a person of the name
of. Cocker, upon a lease, renewable for three lives.
Cocker had built the coach-house and stables on the
land, which were afterwards apparently considered as
rather a nuisance, and it was thought better that a
house should have been built there instead, for the re-
sidence of the Prebendary. The lease to Cocker lasted,
till the middle of the last century, and the land andH
premises were let to a descendant if Cocker, and this,
last lease expired in 1821. Mr. Lew had become a
Prebend of the Cathedral Church of Chester, in 1819,
and bad made inquiries about the state of the lands
and premises in question, and thought it better to
remove the coach-house and stables, and build a
house on the same site. The then Bishop if Chester
offered to the Dean and Chapter the sum of 2001. to-
wards erecting a place of residence for his son on the
leads, anti the Dean and Chapter agreed to grant the
lease of the ground to Law if he would build a house
or houses upon it, and Mr Humbeston and Dr. Vaughan I
were present when this agreement was made, and bed
'trade rio objection to it; Mr. L rw built accordingly,)
and expended 1,0001. on the premises. The coach-
house and stables being then thought a nuisance, Mr.l
Lew applied to Dr. Vaughan, and the other authorities I
of the Cathedral, and no opposition was made at the I
time to the project. Mr. Law then assigned a part of
his lease, and of the land coroprised in it, t 3 Mr.
Thomas, a builder, in Chester, who pulled down the
ceath house and stables, and erected six houses on the
scite of the coach houses and stables, and expended a
sum of 1,200/. on his part of the premises. While all
this was going on, under the view of the Dean and
Chapter, no objection was made or intimated on their
part. Soon atter this the then Bishop of Chester was
removed to the dioce e of Beth and Wells, and then'
the authorities of the Cathedral began to think that the
houses built by Mr. Thomas were highly objectionable,
and they therefore applied to Mr: L-int, to get *resto-
ration of Mr. Thomas s part of ihe leases to pull down
the houses, and rebuild the coach house and stables.—
Mr. Law could not well obey this, and the Dean and
Chapter made a formal order upon him to-comply, and
immediately to pull down the houses, and put •..p the
coach house and stables. Ueder the circumstances
in u Wch Mr. Law stood, having assigned that
portion' of the ground on which the coach house
and stables stood to Mr. Thomas, he could
not comply with this miler. The Dean and Chap-
ter again met, and Mr. Law was summoned, and
called upon to surrender the lease to them; and this
they did upon its being discovered, as they said, that
by the statutes, by which the Cathedral was regulated
the lands ought not to have been let at all; and as Mr.
Law could nor, at any rate, surrender that portion of
the lease which be had assigned to 'Thome-, a sort of
sentence was passed on him for having been guilty of
the offence of violating the Statutes of the Cathedral.
From this sentence, Mr. Law appealed to the Bishop.
The complaint of the Dean-and Chapter was principally
founded on the assignment to Thomas, and the use
which he had made of the lands. The Bishop, how-
ever, proceeded to admonish hlr. Law to procure a
restoration of the lease by Thomas, and to surrender
the whole ; and as Mr. Law could not comply to the
full extent, the Bishop proceeded to suspend him from
his prebend, for disobedience to the orders of the proper
authority, and a violation of the Statutes of the Cadre.
dral, and threatened to follow this up by a deprivation
altogether. These were the circumstances of the case;
and be would state to their Lordships the reason why
he thought that the Bishop in this case had exceeded
his jurisdiction. Tlse lease was good at law; or if it
was not good, but void, tbea they ought to have pro-
ceeded by ejectment to recover the *ads; bat thpy
could not compel Mr. Law .to.iommit a trespass, by
pulling down the homes of gr. 'Noma. What thyy
asked him to do was to surrender the lease, which was
his at law, and likewise to commit a trespass by:pulling
down houses belonging to apoiher. They could tot
have any jurisdiction .or power to suspend hips from bis,
ftiociimss.o a prebend, or deprive him altogetbroopoo
such grounds as these. Perhaps they might m
,cort,
seieneet procure him to surrender what was hjs imp*
they never could compel him to surremlar,ce ca to
be sea rendered that which was mother*, 44 hty..Lesi
was anxious to be on good tams with his brakes; he

WAS 'willing, for the :Ale of coaciliation, to give up his
own property at the order oktflirßefiknnitaChapsfr ; but
when they called upon Mm to go,e up whist was ano•
thee's, and t. pull, doisinir.Thnent't fea4:4od erect
upOn the Iciti a cosch-hi;nse shclitqsits.`they Ortaihly
exceeded their jot isdiction atui antfuyrky.
Lord `rsifistipem.--taki rule to thew cause.

SX PARTI .1110IJOHAM.
Mr. PARSE showed CASIO in this case against a rule
which had been obtained, calling upon Ain Brougham.
au attorney of the Court, to show cause why he refused.
to'deltver up certain deeds and papers to the proper
owner. The cause which he now showed was, that the

attorney was entitled to detain the papers until be
.kiould be paid his costs. A person of the name of
orAon sold an estate through the medium of Mr.
laeitst, an auctioneer, and the papers were put into the
bands of Mr. Brougham, for the purpose of making up
In abstract of title. It was found that a good title could
not be made; but Mr. Brougham bad a lien on the
papers for his own eapenses, and was willing to give
Own up when these should be paid. On the other side,
it Was contended that he had no lien upon them.
Lohl Tawrannaw—Let the matter be taken befose
the Master, and let him ascertain whether the attorney
had any and what lien on the papers?

MIMS CORPUS.
The Lady (Mrs. Anne Hodgkinson), who had h
before broo&ht up tinder a writ of Habeas Correa
Peired again this day, attend by the two) fens
friends who had come with herliflire. • • • '. •
Mr. Ilnovoitim stated.4bM his termed Friend,*
Attorney• General, had filectsiffulivits on the-tate eh ft,
husband, in answer to those filed by the Lady's relatiois
which affidavits he had not yet s, en. ft wai Otecessar
that he should see them, and proposed that the tibiae
should stand over till:lit had seerrithem.-
The Arronmer-Gauttnat.—Tnese affidavits, which
had 'been fired by the relations of the Lady, went far
beyond the matter at present in question, and brought.
charges against the husband, which he, by his affida-
vits, denied in the most "positive and unqualified man•
net. He had put his wife under the care and ',infection
of persons whom he had every reason to belie:re:to- be
Most respectable. He, on the pert of the hiisfiend,
offered again to refer ti.e matters in dispute to Mi.
Taunton; or, if the Court thought-proper, he was will
ing to allow the Lady, irshe heigelfseished it, to remain
with her relations, if they would take proper care of
her, and to allow her the same sum for her maintenance
which he had before advanced for her support, and for
taking care of her.
Mr. BROUGHAM—There could be no objection-to Mr.
Taunton. No I.erson more proper could be fixed on.
But then, if a reference were to be consented to, the
whole matters'in issue between the paniei Muirbe re-
ferred—such as the care and custody of thh Children;
which is a very material point.
The ATTORNEY-GENSRAL—Certainly, the husband
cannot consent to give up the care and co,ody of his
own children, nor submit to any•reference upon that
matter. 13st after all, the can do no more on
this writ than to make an only upon it.
Lord Tirirreanss--Ceitiii..y. t think that would be
the result. We are not a Court for the restitution of
conjugal rights. After what Mr. 4ttorribi hit said; 1
think 1 may inform the Lady that she is at.lTherty to
go where she pleases. Turning to the Ladj, his Lord.
ship continued—Madam, you are at liberty to return to
your husband, or go with your friends, lir *Mims else
you may think priper.
Mr. BROUGHAM--I am instructed tomove the coon
that we. may get our costa in this case.
Lord TENTISDEN—NoI no Costs.
One of the Ladies attending Mrs. Hodgkinson inti-
mated to the Court that she was apprehensive that the.
husband might take the Lady as she was proceeding
home from the Court.

Mr. BROUGHAM, as the Court did not well hear this.
crated that the pa:ties were under apprehensions that
the husband might take the Lady out of their custody
upon her leaving the Court. before they could bet
her home.

Lord TENTERDEN—No, there is no great fear of that,
xfavn I have told her that she may go wheteret she
please ; any attempt to ix event her would be a contempt
of Court, and ponishable as such.
Mr. Baountwar—Cert3inly.'my Lord. I am aware
of that, and only mentioned the manct so quiet the
apprehensions of the Lady and bet friends.. '
ATTORN4Y.GINIRSL.-.114 CHM h parettly willing
that her relations shot ld have the charge of her, it they
take proper care of her ; anlshe may at any time have
access to the children; who ate under the CMG of their
gather's sister.

COURT OF COMMON PLEAS, .:xi. ZSTIIINSTIS, NUT- 19.
SITTINGi IN BANCO.
BLACKBURN V. BLACKBURN.

This was an anion of libel. The matter complained
of was contained i i a letter written by the defendant
to the elders and de.ic.:ns of a congregation of Protest-
ant Dissenters with whom the plaintiff was connected,
beicg appointed tl.eir minister or teacher. This letter
was dated in May last, and imputed forgery and fraud
to the plaintiff in the fabrication of a bill of exchange
which he had drawn and accepted at Canterbury, in
the year lsl4, making it payable alsq in his own name
at the house of the di fendant (who is his uncle) in the
Minories, he (the plaintiff) not residing there. A few
days beforeibe bill became due, the plaintiff remitted.
the amount of the bill to die defendant, and iequesied,
him to take it up. which he did, and nothing further
transpired .bout it until the commencement of the pre-
sent year, when the plaintiff was about to become the'
Minister of the congregation of Dissecters at Bethnal,
Green, when. from some unknown reason, the defend-
ant circulated a rumour that the plaintiff was unfit to I
fill such a situation, having been guilty of forgery and
(rind in the concoction of a bill of exchange. This
report reaching the ears of the congregation, a meeting
was convened, at which the defendant attended, and
stated his reasons for having circulated it, showing the
bill of exchange as the ground of the charge, alleging
that the acceptance teas written in a different hands; rit-
ing, with a view to make pets Ins bdieve that two per-
sons of the same name wet e parties to it. The bill hav-
ing been examined, and :he whole transaction' respect-
ing it explained, it wits held that there was no ground
for the charge, and the meeting bioke up. Shortly
after this, a statement was published by the elders led
deacons, declaring their 101 l conviction of the ground-
lessness of the charge: adding, thaj no crlier.thin Ma-.
hawse motives could have induced the defendant ever,
to have erns. rise to theirs. It was :about these mouths
after the pstiticadon of di's' sratemettrAh at the' tett& In
question a no. Witten, with a eicylr,"ii the "defettdaut 'as-'
wiled, of selmstiag the charges wish:dills alleged -the
statementatinuainell against-him. The case was tried
Woke lei jlstiets'alrelee; -ditties the sittings before
term; St 06141.111,, wliiii ft' iris Mt to 'the 'July' to 'aity
.ialbetbse•the letter meant to input.' vegery anti fraud,
aid whether thedefewdent had .hew guilty of any es-
pied, malice in siriting it V' The Jury -hand that • the
letter did inrptitt forgery'and fraud, but that the de.

mAice 6ncl-

• 7 tog a vesdirt for the ydatnt4 damages 501
Mr. Sergeant CRO4S Cut:ll hunter sWysibtnintfl stile
to sbew cause why the verdict .alrottki,94e tkiPFrttKt
op for the defendant, nn this gersatal item. And for the
plaintil on the special pleas; Or why a niw, trial should
net be had, on t! e ground that the.finAing-.4 the Our)
04., no entre.s splice Nos tofact an ants er us.* c,ate,
itnsi the sinfendpolt sl of l 4 haveibeen aeßssittgda
Mr.,O'ergeant had also obtatitod a 'role ,to
Flew cause why 'ley/.trial shatl44 nOt.be granted„ ,on,
the ground ihat she yerdict of no impress malice atjks,
igafnat evidence.
Ihr Counsel on both Aides Argued the saw qt pipq
length
,tl-day, and the Cultist ts,eic AnAly of opiejwit,
that there was no ground ethatevcr Gs. a new OA.
lbay considered that the case had•been very au oper3
eft to the jury; and thair verdict they saw no realisp,
to disturb. In a caw uf this k.nd,. it was not trecetingi!
to give etidence of Malice, for the injist y the par,y au*
twined would be sufßkient proof of that (att. 1
Rule discharged.

1-10NIR CIRCUIT—NJ NTIZR Asajzv.s.
[Kure Sir J.. A. P* a; and Mr. par, rattnatan.
faJectfurd—Munday, December 3, at Itlettfatt.
Eaaet— Wednesday, December 3, at ctuitis.turf.
hurery—'ruesdAT, D cember IF, at lifnetbla pea -name%
Se if WX—Tuesday, DectMber at ljewiti.' • • •
Kent—Wednesday, January 1, a Maidilonw.

PQE.JCE INTEI4*CF. - '

-There were twenty.sliprfseoners for eiraiiiinitlon at tbls Mike
yesterday—viz. one -grand larceny rogue 'neithiest stockings, for
stealing a pair of new boots; one notnrious soimiMme, for helping to
aiirress iw apticulturist by ch,ating bins nf 1341.. one blacking
nialiee's clerk for embezzling small sums of money ; two juvenile
vagtatits ; and twenty one di-orderlies. '
. The stockingkss stealer of new boots was etimmitte.l to New-
gate ; the embezaling clerk was remanded for future examination;
the niag.man was discharged fur want of evidence; and the disor-
derlies wins. dealt with according to their demerits. The following
ate two nf the most interesting Cafes among thrift
Mr. John France—a very neat, middle aged, and midd/e sized
person, of very sedate bearing. arrayed in a remarkably clean and
vety smooth u bite stock, a pucctibously 'brushed black clues coat,
and precisely fitting lung gray rights—was charged, for that be,
nit having the fear of the watch house ►efore his eyes, did, at
eieht o'clock on Saturday night last, commt divers disordertinesset
ve4'frin the Temple, against the peace of our Sovereign Lord the
King, &c: That Is to say—firstly, battering a bookbinder on the
terrace of the said Temple, because the said bookbinder did not
get out of his way in due attic ; secondly, damaging a load of law
honks obi& the said bdokbinder had on his bead; thirdly,
bruising a watcbntati to whom the bookbinder aforesaid gave him
in charge fur the battery and damagealoressid; fourthly, tumbling
throw,gh a pane of glass, in ►pite of the said watch.ltan's endeavours
to the contrary; fifthly, la.tly, and generally, he was charged
with having been uncontreen.iy obstrappens.
In his defence he pleaded—firstly, that the bookbinder ran',
against him ; secondly, that be had sadsfitd the owner of the pane
of glass for the damage done thereunto; thirdly, that be was un-
conscious of leaving bruised the watchman ; Inutility and lastly,
that be had passed tiro nights and one day in the watch-house to his
very great discomfort and alisp.ragement.
" What are you, Sir ? 7 asked the Alderman, Sir Pasta Levant.
" I am clerk to an attorney," replied the defendant.
" What! another lawyer's clerk ?" said the Alderman. a Really
you lawyers' clerksire becoming very disorderly set of people.—
What is the reasonof it? Is it the profitableness of the present
Term that makes you all so lively ?"
" so, Sir; it was brandy and wales on en county alma* in
sty case," replied the defendant. tie then went on to explain, that
in hit way borne to dinner lie had met with a Gentleman, a friend
of his, whom be had nut seen for a long time, and that they took
divers glasses of brandy and water together, without cakulating on
she consequences.
The Alderman recontrnended that, since certain awkward con-
sequences bad ensiled. they shade] be amicably comproMised; and
they weir compromised atiordingly ; after which the defendant
was admonialied not to take brandy and water on an empty stn.
mach again, and on his solemn promise to attend to that admoni-
tion he was d szhareed.

Mr. Eisend fit// was charged with haying givett Miss Matilda
Jones a Slack eye. Mr. Elias Simmons of Roper's-buildings,
pistil-maker, and cousin to bliss Matilda Join, deposed, that as
he was returning fronethe Olympic Thtatee with her cm Saturday
night, gangster way up I.udgate hill, they-were met liyabe defend-
ant; and perceiving him to be "as drunkm a Aped," they snowed
out of his way into the Poise-road; whereupon be followed them,
and gave Ills Matilda Jones the black eye sbove.mentioned.
The defendant pleaded that it was impossble be could have in-
flirted the black rye in question, inasmuch as his hands were in bit'
►reeches pockets all the say Irons Sc. Penni Church-yard 101
Beet Market.

Sir Plata Lauat■ asked the enrstabte of the night whether the
Hebrew complaistants—Mr. iitias Simmons and bis fa/r cousin—
were sober ?

Perfectly sober," replied the constable.
" Did you ever see a Jew drunk?" astesilbe Alderman.
" Nester," replied tke constable.'
"blue I;" rejoined the Alderman; "ate it is a great credit to
the puck of your nation. air. Elias Simmons, that. wbittver
tusks tbey may have, drunkenness is not one of them."
"Your Worship, I never was drunk, and I hope I never shall
be;" replied Mr. Elia!, Simmons—" and with regard to this Mr.
Den at the bar, as he wins drunk—as drunk as a lord. why I don't I
wish to be hard upon him, and if be will acknowledge his fault,
I anal my cousin will be satisfi,d."
Mr. bell—taking the hint, immediately said—" I am very sorry
for what l have done!' and therefore he was admonished to be as
sober u possible, and was discharged.

IIOW.STREET.
The mysterious circumstances attending the occurrence at Water.
lon-bridge on Friday morning last, when a female was by some
means or other precipitated from the Mktg, into the river and
drowned, have already been det.iled to the public In our columns.
Yesterday morning a young man, ratl-Ir fashionably dressed, pre-
sented himself at this Office, and voleuurily surrendered himself
to Gardner, an officer, as the pereon.who was In company with the
Toting woman at tbc time the circumstance occur red,aod expressed
his readiness'tecneet any investigation which the Magistrates might
Moose to institute into his conduct isa the transaction.
Ou being brought before Mr. Haus; be stated %is name, red.
dente and profession ; and •tluit be was acquainted *itb the
&teased about seven years ago in the city of Norwich, and had
lately lived with her at dfferent plates in the city; about twelve
'Mantis ago in Demnark.street, and afterwards in Myer's-court.
savi. On returning to hie lodgings in John-street, and finding her
wit there before him, he 'walked along the Haymarket towards
Piccadilly, as here be met the deceased, who appeared ro have been
in low spirit.. Addressing her, she complained of having no money,
and talked of other circumstances connected with her misfortunes.
They then walked arse-in-arm until they cao* opposite Waterloo-
bridge; she then stopped, seemed to •be agitated, and requested of
him to go on, as she required to remain behind tot a few minutes.
He refused to do so, and recemntendedter to barren home as soon
as possible. She then told him sinless he walked ors a little, She hewer
would speak to him again; he said he would not do so. He then
stopped and went back to the tell gate; told the collector he was ap-
prehensive the deceased intended to make away with her life, 'and
chit it would be prudent to watei her. He then joinetilseromd Snaked
along with her, when some trifling differences and angry language
mow betweeu them. She hastened forward before him, and as
she reached the .secoud'arch, she ascended *the balustrades, and
before be could pievent her, she preelpitarely plunged into the'
tiller. •He called out Watch," when Carlo, the colleen*, and 'a
watchman came to his assistance. He saw her floating on the
'Ware of the water; he called oat as loud as h.: could bur a boat.
but before one could be procured she sunk: This was the entire of
his intimation on the subject, bit Ime wished to state that she at-
tempted, to drown herself Mime Mom these weeks ago. Her
name appears to be Mary Ann Witmer.
As the Magistrate had no reason to disbelieve his statement and
solemn atasarahells that he had no Siardcipation whatsoever in the
melancholy end of the unfortunate woolen, be ordered him to be
discharged for the presets.
Hersey Gcurge Aspires:4 an extraordinary fat man for a thief,
Rear, Green, a very thin Man, and Joke Price, a very tagged one,
were charged by thriel Reardon ind Sidney Smith, two of the
&Mounted patrol, with being • nicotine, and Ineorrigible pub lic-
huuseicellar breakers.--The patrol stated that the prisoners had
,Mhg been in the habit of plundering• the cellars of peblicans of their
ardrituous liquors. Fur dna purpose they carried a " jemmy,"
Otherwise ctOW-bar, phosphorus-box' matches, and wax-candle ;
indionie" skins," or bladders, which they fastened round their
beidies,iksi carried the spirits In. All these, the necessary imple-
ments of their profession, the patrol found upon tlae prisoners, and
produced. 'They had seen then. pmwtittg about Somers-town for
*Me time on the previous night, and after watching them till key