Star.
London, England, 1826-11-28 00:00:00

• eassacnort.wetee zoo v. summer.
Mr. Ihrovorwa suoved to Sit an information against'
Mr.Olement, fin" libel. published ip Bdi's Life ix Leadoff.
a which he is the proprietor. Tire publication appeared
yesterday, and was of a nature to stop the course Of jus-
tice. It had a tendency to injure Mr. O'Neil, M.P. for
Xingston-npon-Hult, and prevent him getting a fair
trial. Mr. O'Neil sometime since brought an action
against Mr.Ciement, and having had a bill of indictMent
found against him by the Grind Jury for Surrey, Mr.
Clement, who was tee proprietor of three Sunday Papers,
bad chosen that opportunity to publish his fake state-
ments. The publication had led Captain O'Neil to
suspect that Mr. Clement was privy to the indietiment.
Mr. Clement yesterday published the libel. It pur-
ported to be observations on paragraphs -which had ap-
peared in other papers, and which Mr. O'Neil never au-
thorized. He should not trouble the Court with reading
ail the comments. They complained of • Mr.. O'Neil
'having been engaged in a conspiracy to deprive a young
Gentleman, named Auldjo, of a large sum of money,
by pl .with him at cards, not in the usual way, but
with marked catds, when he' had been drinking. Mr.
Brougham then read the article complained of from
the Parer of yesterday.
bin Justice Nosatovn asked whether the affidavit of Mr. O'Neil,
denied all cheating?
Mr. BitouortAll—Mr. O'Neil states that he was asked
by an old tri,nd to allow him to introduce to him Mr.
John Auldjo, a young Gentleman educated at Cam-
bridge, and that Mr. A. was introduced to hint. He
conversed with him at Lord':' Cricket Ground about
horses. Mr. O'Neil invited him to come down with a
'friend of his to Richmond. Mr. Waldron, an old friend,
'Silas also introduced by him to Lord Olanricarde. Mr.
O'Neil or Mr. Waldron proposed a game at cards, and
the waiter was sent for two packs. He brought them
ia. The Marquis and Mr. O'Neil played two games.
It .was then pioposed that the game should be a round
one. They played at km. Mr. Boland said he did not
• understand the game. Mr. Auldjo also laid he did not
Know how to play. It was fait play. All the wine
was eight bottles among six persons, and two bottles
were returned to the bar. He denies that false cards
were 'used, to his knowledge, and says there was no ad.
vantage taken.
• Mr. Justice HOLROYD thought there was not sufficient
evidence to warrant the Court in granting a criminal
information. It a rule were granted, it could not be
made absolute this Term, and the parties had therefore a
quicker remedy by going to the Sessions.
Mr. Justice Larruinni.z was of the same opinion.—Rule refused.
COURT'OF EXCHEQUER, Nov. 27.
TUN MG O. VITO.

Mr. CLARKE in following the Attorney-General in
reply, observed, that the question lay in a •e. y narrow
compass, namely, whether the issue found for the
Clown was immaterial or not. The Attorney-General

had shewn a breach of contract. The defendant's
Counsel pleaded as if the Contractor was an injured
man. But when a building cost such an immense sum,
and in the course of eight years falls down, the Crown
bas a right to inquire into it. It seemed very strange
that be should think himself injured when only called
upon'to account for the non.perfrrmance of a contract
which he bound himself to perform, and that, on no
stronger grounds than having followed the directions
of Mr. Lainp. the architect, who, in fact, was not au-
thorised to give any directions at all. Mr. Scarlett had
remarked, that he hoped his client would not be entrap.
ped by any form of law. Now, it seemed by the view
which he (Mr. C.) had taken of it, that if time was any
entrapping, it was on-the part of Mr. Peto. Mr. Den-
man had said that 1e could not build a house upon a
bed of sand, and felt it his duty, as an hottest man, to
tell the Commissioners of the fact ; and that he did so
by informing the surveyor. In answer to that it is only
necessary to say, that the surveyor had. no power to
Make alterations. It has been hinted that there was a
collusion ; then it was not shewn that a collusion did
not exist between the contractor and the surveyor.—
The Cumntrssionets had the power to omit any rooms
or other part of the building specified, and Mr. Peto
vast() be paint for the materials he had provided; but
there was not a word by which any man could think
that the architect had the power of ordering either ea-
riatieus or additions in the manner in which the work
should be done. The clerk had the power of rejecting
thus materials, but had no power of making any ahem-
ttons. In allusion to thepiling, the inefficacy of which,
he observed, caused the building .to fall, he was to drive
the piling not; less thaa.two feet in the stratum of gta-
Itei. Of the existence of this gravel there is some doubt;
. but even, supposing it was not there, then it became the
duty of Mr. Peto to have apprised the Commissioners,
and not to have followed the directions of the surveyor.
A man, if employed to build a house, which house falls
d .wn in two, years, is not to answer that he followed
the directions of the employer's surveyor, between
whorn and the contractors a collusion might very easily
exist. He had contracted to build the house, and if the
directions of the surveyor were not sufficient, the con-
tractor was alone responsible for the failure of his work.
With regard to the filling up of the spandrels, the bond
requited that they were to be filled up with solid ;nick-
work, but they were filledup with stones and rubbish,
and grouted in with mortar, but which was finished so
as to have the appearance of solid brickwork. This, it
appears, was done by the direction of the surveyor. It
might undoubtedly be very well to look at, but expe-
rience proved that it was insufficient for the purpose,
and the difference in expense was between 20001. and
.80001. in favour of the contractor. Now here might
be a collusion to some purpose, and he did not hesitate
to say, that if a contractor knew that he was doing
wrong, and the surveyor did not give notice of it to the
Commissioners, it would be gross fraud on both sides.
Mr. MILTON and Mr. PARK= followed on the same side.

The Chief Baron ALIMANDIER observed, in giving his
judgment, that it was evident tte intention of the in-
strument was never to give so great a power to the sur-
veyor as to destroy the effect of the bond, which would
have been the case by the skewing of the defendant, and
stated his opinion that the Crown was entitled to a ver-
dict, in which opinion Baron GRAHAM concurred.—
Judgmcnt for the Crown.

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