Star.
London, England, 1818-01-13 00:00:00

z

Entiepse—ln
Esq. for " Mr. St
who was," Ste.—read,
his present suit —'

COURT
The LORD
morning, came
There were
Solicitors present.

The Loan

a 'Solicitor, felt
some observations,

for the tint Seal.

now, in order

exist on the tp _ simply
a Solicitor, in the midst of a law suit, can refuge to
go on, and at the same time not deliver up the papers
entrusted to him- for his client, merely because the
client was indebted to him ? This point was of some,
importance, not only to Solicitors but to suitors, and
it was the bounden duty of the Court to see that the
interests of the latter were not put into hazard by tlia:i
caprice of the former. He held it therefore to k
clear, that no Solicitor of this Court could, on airy
u pretty, say that he had such a lien on the papers,
that he would neither give them up nor proceed with.,
the suit. The Court would never suffer the interests
of his Majesty's subjects to be trifled with in disc
Manner, for if a Solicitor chose to desist from liie
ty in the middle of a suit, he was indispensibly.l
nd to shew every paper to the new Solicitor isti
the cause, and to shew them at every time they wit,
required. If an enquiry were found necessary befoiretl
the Master, the said Solicitor was bound, if he did
not give up the papers, to attend every nieeting
before such Master with the papers at his own ex-
pense, but he could never be peek:nod to have a lien
of such a kind as was alleged. This was the rule of
the Court, and to it he should prwernptorily adhere.
Sir SAMUEL Rostair—Myligord, no blame can
in this case attach to my client, he having no such
intention.

The LORD CHANCELLOR—CertainIy not. I don't
say one word against him, nor should I be justified
in so doing. What I mean is, that the practice of the
Court should be understood both for the benefit of
Solictors and suitors.
COURT OF KING'S RENCK JANUARY a.

BROWN R. CROOX.
•Tkis was an action against a Solicitor, for publisi
ing an alleged scandalous and defamatory libel, or
and concerning the conduct of the plaintiff towards
his creditors, after he had become liable to a

mission of bankruptcy.
Mr. Torrtro, Mr. GURNEY and Mr. CABLPIZLI
were fat the Plaintiff, and Mr. &imam: was

the Defendant.

It appeared that the Plaintiff had been concerned
in two mercantile houses, one under the firm' r'
Brown and Co. m the county of Gloucester, and
other of loser and Co. in Londce. Both houses ._
become bankrupts, I_l4d.th, defendant, as Si-Akita
for the OlmcmeWpfornnlissitto, ,Published,.?
radvertisesseet in did Waxester Paper, ptirportii
to be a =cite to she creditors In the country, aSrrn,
fag as tauter !which load been pawed, that the plain-
Nit bad.colLusively drawn bilk a she asnossas-of.'"
At 80001. in the.-apna,of Brown and Co. far the
at" of favouriparticular,, <ireditki,
`leder to induced fraudulent* to su cede
country commission, and OAS Iris ex -it:
out difficulty before the Loo&nCommissior.er!
and also . thes he had, on this 17titof,June; L
fraudulently ivithdrawah.withouLffic ktßyledgi
, hii partner, property from tie GlcniC,Aterstire c
cern to the amount of 16,0061: %%Rich. fieltilrial
by forced sales.—The defesidasiipleaelsttiegesierat
issue, not guilty, and • t -:--- r..1...:-.?.
' Mr. Sc.aaLerr said, he was tit a ipitiitionitrirk
ated the truth of the facts charged ia thf •, ' , but
Lord ELLZNBOROUGH was clear' - piiiiiiiii,. that
as the defendant had not pleaded 'a' dieatibn, it
was not.competent for. hint to go into any suift evi-
dence. If there were any doubt entertained of the
correctness of his opinion, he should be very happy
to have the question put into any shape most agree-
able to the parties. Had the matters contained .in
the advertisement_ been communicated exclusively

to the creditors of the bankrupt, in the shape of a
circular, he was not prepared to say that the conduct
Odle defendant was penal, but inasmuch as it was
a publication to the whole world, who could net be
interested in the supposed conduct of the.plaintifitc-
wards his creditors ; the advertisement VMS, strictly
speaking, libellous, and the defendant-was amenable
to the law.

Mr. Toponso proceeded with the Plaintiff's case.
Mr. Sommer:. contender!, that the defendant, as a
professional man, was justifiable in making-this pub-
lication, as he had done nothing more than what an
honest zeal for the interests of his clients required ;
and he likened it to the case of a brie delivered to
C,otuisel, containing defamatory words against one of
the parties to a suit.
Lord ELLENIOROUGII di;cented fnxi: the comps,
*on, as in such a case there would be no publication.,
He was nor. prepared to say, that if the advertisement
had been drawn up more grardedly, that it timid!
be liable to cognizance, but he was dearly Of opinion'
that in its present form it was libellous.
The Jury manifested a with to give the Plaintiff
1001. damages, but ,
The Counsel on both sides having consulted toge-'
titer, it was agreed that a nominal verdict should be
taken for One Shilling, which was recorded.

JAMES BEVERIDGE V. JAMES COLLINS, Tuoteitt mut
SLEIC, CHARLES VOGUSLIIII AND - KARDT. '
. - _

An action for a prosacutioniorpetjury maliciously
inaluncd, and without reasonable or probable rause.
Thy declaration set out the indictment open whidi
the plaintiff had been acquitted in April lam
SCARLIMT, in stating the cue for the plaintiff.;
said that his client, a most respectable Surge= in
Nevrgatc-street, complained of one of Alia most
grievous injuries it was possible for a man in pooiat*
to antain; his character, hithettoitnimpeaChed,lnui
been assailed, his personal liberty-put in jeopardy;
and his peace of mind destroyedby a pending pro
semtion, for which prosecution there existed neither
reason nor probable camas, and for which the splice
of his cnertft was the only foundatim The case
was cemp!icateel, and might ocetig. much' tut,

..asperiod _ A
ley entered into partnership Soh weere?,•7:lo-1144.:
previously been connected aria a Mr.-Ltinter', aritl in'
to enable .Weaver. to contirrair•tke.Shaesni in-
' dent of *ha debts :calf-axed by hint. arid- Lo-,
Mar,. the .plaistiff-kraciliertes•Lomer a;-guarantee:'
ikgra.arfassiiirds sire le' concern earr,e 4nto.the.
hinds ef•CitarierPitalislar, mid the debts affecting
the premises wass transferred to him.- .I'VeaverAi-as'
declared* bassittup4 andMr.,-Beveridger of Coarse,
was called upowmprovolgt debt against the estate
and thee tricamen questisele what securities for it
he had,iathis Mintiest:men, of -all ours,
were bait acqueipted: lirkisAtrat prcceedingsi-rlice-.
arthis kind s. and .4. Ms. Voote,-by whom 'the
'ff was pralessiosak assissed, adttised Win. tit
Prove to the anionatof 3871. I is. stating ceitiffn dcw
curities- in his possession,: coas?sting of an assigndrepti
and certain bills of exchange r but he did'hot
in that list a bill of exchange-foto 9001. drairtily
Weaver upon a Mr. Chisney, and endorses to the
plaintiff. The reason for the omission was obvio
and proper, since the plaintiff did not hold it a a se-
curity fur a debt due from Weaver, but in considera.
tion of the guarantee given to Lomer against the
rclaims of the joint creditors. Mr. Coote prepared
the deposition of debt by the plaintiff accordingly,.
and he swore to it before the Commissioners on -tie'
23d of December, 1815. It was upon this deposition
that the perjury upon which the plaintiff had been
acquitted was assigned. Pughsley Was not more
successful at the plaintiff's floor-cloth manufactory
than Weaver, his predecessor, and the whole amount
of the debt incurred by him to the,plaiatiff, by his
- more flue thousand -

pkintiff t. ig
_
ailiniatilai 414 Anal 'meeting Was on the 7th -of
.Decetaber, • and on that day a Mr. Maeda; an at-
torney, was present at Guildhall, when Mr. Colli
produced a list of persons to whom the' bank
admitted he was indebted; among them Mr. MIIC
-duff did not see the name of the plaintiff, and ex-
pressed his• surprise, as he knew that the claims of
Mr. Beveridge exceeded tve thousand pounds.—
When he asked Mr. Oollins if he meant to say that
the plaintiff was no creditor? the answer was—P 0,
yes! put him doWn 500 L" But for this accident the
name of die plaintiff would have been entirely omit-
ted. • Mr.- Macduff was then informed, to his asto-
nishment, that an indictment for perjury against Mr.'
Bevetfidgeswas in contemplation ; and he was reques-
ted cit. call upon Collins on the evening, when he
should be shewn the letter written to Case, and the
depotition on which the criminal proceeding Wes to
ise:groutsded. He went accordingly to the office of
.Mr. Collins, xhen he was told, that, to sate anxiety
expense to the plaintiff, the indictment would lie
'dropped; if he would accept a fixed sum of money in
Heit• df his clhim. Thus the forms of justice were
Jeinpleyed to extort hoot Mr. Beveridge a consent lb
betray his interests and his credit. Mr. Macduff
agreed to mention the matter to the plaintiff, Who
brejecied. the offer with proud disdain, not conde-
scending to Make any reply to an offer so deroga-
tory. The bill was presented to the Grand Juiy in
consequence in January, about thirteen months after
-the data, its which the perkst7 was alleged to have
been eoltuniued ; and only a few days afterwards,
Mrs. leveridr, at that ante confined in childbed,
Seca** ed the following annoy/nous letter, which would
be proved to be in the hand-writing of the defendant
Charles Pugh:ley

Thus* Evening. tad January, 1 gl7.
" I don t knot' whether you are aware that your hustousd u
bticted at the Balky for 'periaary. that Grand Jury having
fame true bill sagthot hint bat Saturday, and I fear that the
tircumatanca are at. clear. and the omideoce so strong, there is
but bale chance of his escaping a conviction, and that is trans-
I dank it a pity that Mr. a did nee attend to the
in be bad of such a procedure : be must be well
awaretasticrhe parties will carry every thing they may have
itsirst him to the semmet extrienky. I was tad the other
day the pa:ties:did 120 i to amp there; should he men*
punishment in 'this instance. I hear they have another pus
Virtu him that sill tosnerblirdilha his pocket, &c. Yee ma
male it* sae of this Waft** YOu this& fit From a will.
Wisher of tools, who sibisithli himself ~ Ai,
this Intirtrattoi olyitouslr refLorrot td tcer to,
. Mr. CbOte. add ft Ali:dated-a system t and
malice seldom euseedattin a Goan c. lostici.- Yak-
reVezt the cyfinesion- 1114 •
• .1
Counell wks so gene trot wica-
ratio:o which stitwid this httartOok the-spirit
the re •, ar,'_ lass/it:Etta abettor oft

crime. Th!s was net Z.': V".-defitatre,4'
Toe their-rusher.. Afier in vain this
ion as a threat; they were o..ihnd at length
it into (lourr, aqd here they displayed grit
: for, being well assured that they could
convict the plaintiff of widul and corrui.t
pc r-
eten of mistake, they took care to keep
witnesses out of the way ; and as soon syslie
for the Crown had concluded an, didifitt,
statement, (warranted by his instructionstkilddy
idedito have been taken by
surprise, and ,a6n-
a 'verdict of act guilty for want of eiithince;
,leaving the stigma ofaccusation upon die pLtir-
without affording him en opportunity of oeirrir,
- Ji!•ry of his own innocence and their guilt.
injury he now sought damages at the Ends
ve-honoutable, men, whit knew the villa c,f
name, and were consequently able is esti-
** 'anekelf the loss, but the deep sufferings of
the.oTaintiff. Weaver had net been included in this
('action, lin older that the other aide might not Lc in
a condition to say that the plaintiff had deprivrd
them of every witness who could establish their ex,
tulpation. Let the ether side call Wearer, and it
would only further estahllib the malignity sad ini-
quity of their groifte.
The Le Mule then proceeded to adduce
his witnesses, wio-geserally supported his stamosent,
some deficiencies, audit seethed
clear that Mr. Cdlkns bade:pressed his with to Mac-
duff, that the Iffidatiff would endeavour to etplain
the•manner in Ai& Wind made the oath to which
except/or waves/test. •Aloillti.;he drew that be had
.sworn under inistakuidrepiesaised that the prosecu-
tion should t 1 8s ll doubt was thrown upon
the point, ,whether had or. had oat intended to
offer co the plaiutin aipeelfie stun, and to disc the
indictment on •condioen tbrethe sicadd abandon the
claim twos:the *staled C.,iihstishry. • .
The 'phintiff's nate bbe , Mr. Torrpro,
for the defendaate, etantmisd Alm lio.evidence had
bean brought forward against Thews Pugheley.
Loort EnnaireiroletrOtablinesEthit connou, a ver-
dict •acquittellillinktiutered Oda .nespace to him.
- Mr..Tisertioi is his address-to. the.htry; for the
other defisaiantsi spoke of ;hi very. high &Ira:lyr •
the defendant, Mr. Collins. had sustained for thirty
years in the professions he itCsismci-thaf. there:was no
evidence to *arrant a suspicion that he badengell the
prosecution from improper motires t. and he argued,
that die terms cilltis :otter to Mr. Coote.ifid not war-
, ,ran,t• the Fated constriction put.npontheik. Mr.
Collies:had; no - in.thrimicandat

--tarts[ 441.... ._ —...eurreeitited. arn, • his
regret 7thet, &rata atelkseilklai.prlde, the7pl Of
• refused to offer that explanation vrhickiklti-Col.
Et.
jiad gt‘ggelts4 ilidihtcht V gi!egt,' w9firci hays
ably- put an end lettherteetektQa;Ave'**l)-
ject of complaint. if thealury booed thaft‘ei• ray
reasonable and probable tense for the inditataiiiihx.ll
the 'defendants would be entitled-to lite ileixlict ; hilti
if, on the other hand, they thought that it nrigiA*l'
in nitre malice, it wotild 'be for AllearterWioll
were or were not t,,. uilty. 'like damarrentkrWE4
jointly by such as were ea:lgnited. •-- :. -• The Jury retired throe/44y as liiiiiro• agiAlligt 4ti_
do a verdict for the.plainritLabalantifet, J`,0.001.A..,0,„
i Tae trial lasted-until pearl-it: odeloc kt eltigto:
• ._-
___„: .
_.,
_• ,L,.____ i:k.i."
oar. Coen,-the wormy Seattary to •tne arelpiaoser
Company, has been obliged.to.reure frow ISeutradal
duties, for the preterit, aiwigh indisposition:: ili' v
Mr. DANIEL CARTIyttiGHT, the Citylrlakehilatia,
whose accident, by a fall froni one's*" ther**eldpe
Coaches; was stated in Friday's Paper, •diettetrff n
Sunday morning.- - • • ' 41_ L
L... "'.7 **.
The High Court of Justiciany met at Airsabateh
on Friday last, when Rokett 4 cisagiscraCiused-Qf *e
crime of theft, by breed** into, And stekkieft.ltug4e•
tity of *teal from the rni,l3 of finny, wasi peed,, std
fogad guilty, and seuteneedso 14 years tionsportitiek.
James L—When it was .discovered got-the-Earl
of Some:6= aradjsis Lady -wereztoncentasr-istho
murder of air TitOMA4 Ovaersuer, Lord ::/sief ale:"
Lice Coin granted his warrant for apprehending
thamo:which was.served upon the Earl whelk be .was
at supper with the King. Soaaaarr clairoechiais
Majesty's prptectiun, but the King answared,..,Talide
faith, man, I cannot help it ;
,if Coke ,send. tame. I
must gang to him as weel as you.,.
Thsrazasnro cetsr..—Two aged eaditerre people
of the name of Sinclair' who rggideikthisolileokßow,
Edinburgh, have bees thrown , into the , sit ago-
tress* by, the loss of their two sons, (whooesoepting
two helpless children, were all that renseineci.,ota fa-
mily of cleten) within the Abort space. of two;idaYto
the one Sp year; of age, having died to. q' s_
day, and the other 19, upoii . Thursday, lel .le
parents, who dc.p-md entirely on thetn , for, etiPpert,
are thus rendered fir objects for the chanutile, ard
benevolent. The old people were . both Aral
industrious, and have lung resided eg E4ii ' .
SUDDEN DeAre.,--Eriday sinnight bitim;tiren-
ritsal meeting of the Keelsmen Society of leo
th.s7 dined together at the Wine Of kW Nitormatca,
publicen, aandgate, On sitting dowite.tW.4l.t.n-
-.6lre- . . Mpren, from the I,'lling tiherelie.l
,grugg.. tbe saki.: when he laid hiseheasinra the
;
'l.
table, an immediately expired !

. .
LAW INTELLIGENCE: . . • ' • in the operant! sad the proof. The first defon- j their crin
• • it.! • • Collins, was set. attorney; Mr. Thomas t refined la)
BIFFRIFF* COURT. • :•• • ! ••• • )0 vine also. in the ptofeesion ; Mt. Charles prosectita
fa our Paiirr of yesterday, ease Ayrton !yhad been a ssregeon in• the country, until to brims i
Seas:ro- ?amulet' on behalf of the wets • g; • incisMr. Hardy was ingenuity
-reads " an behalf of the • intimate ft' via* cOaditteen. in this con- not convi
against the defendant, who was," vs-
L , the skijeceetvelicit4ns no .lesi than by at- jury, or
FOF CHANCRRY, JANUARY '••r" . .* the. hisoetaskstafisraeuoi.er the platuttit. to heir wits
D CHANCELLOR, at half-piseNC define- his thint-upoirtileEs• entsrvif ,€/ntrles.Pirgits.- Colnuel
me into Court, and resumed his IM MO ley; -on his bitisktupter 441,1uvanfotret of five thou-, rated.stat
a considerable number of Counsel hod sand pcbsfiki they hviireateitingroltolditi pr needed
esent. up taMieworld it • .4 toftigh 'sound to
CONDUCT OF SOLICITORS. ten him into an abausionmeitt no
) CHANCELLOR, in the case of Froward, claim, but or itiiieputation and iffiiiitirreare.- the tiff withc
Felt himself indispcnsibly bound to make plaintiff wasthe.Owner'nfeortnin jirenvrsei-iti• 1":1g- cing a
ations, though the case had been fired :on, which had beeralet tow:remain-Of the nitro. of For this i
Seal. It was necessary he should do it Weaver, a floor•cloth mapulartnret-•irliti.dcOrted of hiblirs
ler to correct any mistakes which might the leatetn the hands of the plaintiff, *SAS a•-tobd • n
question. lt was simply this—whether for certain advances., At I:lli:period Charles Ihighg-..*4l6tifitit

_
admission, morein ---A-7113 ci pounds, Colliai_ 1
_ar4 in ttntit 4ve coocr:rninilteintkctaisbt •
Wish- Ilwenwas arrestedv.raasttre suit :Of the pl°aintinff in .. be refused tat proceeci in it, and . Charles -Putolle3;
el, of tember, 1816, and a-commission of • bankruptcy wasOtnPleind.lisother attorney.ffw Ille:pnrpaie.:_llll,ith
„raids issued. against. him on, the
.254h...,pc det.,4virwitt2- respect to Chat 74 Alt- Whilaillta- :l that o-
cate. month. The fitazneethlity4„,.o4,4 uhjoyeinhe,?, thing had beeneln,t.)464,l, lttit7:4lltter to Mrs. Be-
attd there Mr. Collin's, irte:defenstinte -appeased as Ye.r4lt.v*lP' saw 4:41 W-- -Ake. a z!liign;Jst
sett, the attorney of certain diaittils,.anbesistedwirmly Vrit- .4OsilUtYtiht (4.1:50.017
....,16:-CditnCe-tiSe
as for the claim of the plaintiff; *and 'firtallyl436eecka in 4°1%
.it. Y#4-:*Xlthl4l*.sr4 411t;,-:§4l- Vbe
st
inthwing the Ceannissiohers -tetellree-thi -pti4d. of "__
_,ls not' connectedlqin it Or lei- Pitt . de-
emed the debt. Mr. Beveridge, In ctnisettueoce,: &tatted 70zo Ang•ltccr 10L.Ize_.;,,Ireire
.tsd_A___ _
_, wilts , i *tie oh-
man' of his resoltition to present-a petitiortsto dieLerct6en- /1? )11' hot _ i Liklicr .4111C‘.440:51RP1214 !referred
rtif,
sd the telkc. To defeat the effett-hf-this..2o,iftioifems prosecuting,. ialll4l 114: i ' fillet!'" C'ts'pr erred
tt ' bid the. chief object of • • ' theiresv- It. of witkut ant ljaiuitifi.4i We: dune. /Spw it
licator Which was given, ettna ttreieratood4 .t: , et. *ldidflAthitting-31,1
__ _
_' -KW*** • e•."
Ki -n ward*, in "a Utter herfFtwalt, limytae .- t, id. .111 for 9ilol- and
~ IPSFoldtr.. =', * ' . .-4
Driing in the appoint:Thin* iifillitrikleg ffltir'afl!.. ',.. •'1 : • • ***hal Vitrplath '
le
ffirrn. solicitor ender- the cotniiitltatirdsti ' ....' ' ''. • '''
s 44-10°6_,,..,Teflaak'nel=84.'')
pthin,. hid acted as the • irerethetinefitifri• •• . hands, in order t ilillt ie. Ar
oci4 11416-4 d.th:leatatie :4;."1" iiitifr,..ko.ttiiitira . sv, . '
.. *tilt* - - As
s Fir- biller 'weight► reasons, repitistto lait4iVit--. •L: ro'. t 'n, _
ra, in 'Arent Woad be willing to tiden-eintrolliriciti -.1".' -..
• -.• Put' m -Ire`lete4. . datit/r.ift
tsnett.
id the itrpereetit and satinfactioAt'nftittirdeninni•eilte hirn,,,were not sufficient-W4#51e4,-* - . .`" .
erit#7 may fahtplette:itgainst Mt:Plitlislef,••anditeeldth "'messes larnvnE_, Thomas PotOsir'Y.
ms ; a disehttgePr'Ve write dilt•off . ternnei4et-lehir but not Weasta); ism A*. . . t:**: box to est:l-
int; maw IE6 shimlit be without % Aft.* i %ttt iter-eer. Wish t}e princiel (a
intabitillr. Topping. aod
teelgf.. of taiiiintpartent noon, frig' tail, Oaf we-60131d to• disprove tea aegirtikle the w• - cri
s cop, Mien on- ittinsmffsei;artswer.`l:-4,81-4etier *2l tips thjmli'r_,., shit. Oer.tc4llo.o*. ,ie Mr-
retamitieseetirrifr:. Cote* te.: the plaintiff till long m'w'awok- ''. , :-.4-02:•i- --., c•-: - ' 17: 10*:-4:4
, . _ _ _ _