The Statesman.
London, England, 1819-06-19 00:00:00

Dr. Tin, shill not hoar Gmmt4."

Mr. Woct.re —" If yogi do sot, Toe west take,
upon yourself the responsibility of tefesieg to bear
him. Ills Eseellency the Lord Lieeienant, appoint.
ed yes to receive evidence, sod report epee the
abases committed is this prison. My Client his
COMP bore prepared to lay before yew a gentility of
evidence le proof of these abases. Being seacqesiated
with laws of evidence, sad easccestemod to arrange
reseals their proper order, ho has dewiest prow to
ashploy a paw, Wins profession makes him meter.
not in those Ibises. The provirseeef Colosivi tenor,
misethe witoomes,and arrangetho eviden ranoot im.
pods the object of this enquiry, bet se the contrary,
most promote it. It west bey. been the Lord Lies.
tostant's wish, is establishing this enquiry, to moor.
(sin whether the sllegatioas io my Client's Memorial
are tree. Three •Ilegsts-ns charge some of the ofi.
cots of this prison with the grossest abases of their
authority. My Client has brought witnelers and
docouseists to sobstantiate his ellegelion., bet he ill
amebae to Isy his proofs properly before you, so se
to corroborate each other, wittiest professional aid.
If you refs.. this aid you suffocate Ibis enquiry into
these gri horses."
l)r. TRZVOIL--" Sir, we see determined sot to beat
Counsel."

Mr. Woutrz....." I shall not, of coots., intrude
myself spots you. I anoint, however, bet think that
you aro seeing unadvisedly, and is a way of which
the Lord Liewensat will disapprove. A great part
of the evidence briefed to one is circesss►antial,
awl of soar a nate,. that if sobstantisted. it
must be quire conclusive in proof of the charges ;
but its force melt, in a great decry*, depend spore
its being properly arranged, to show the bearing of
one put span another. As I kilns, my Client i. on.
able to do this without assistance, and as yon
do not think proper to allow him av4l4tence. I
shall advise him to decline any further interference in
your enquiry, until the Lord Lieutenant shall signify
his plesserr."

Mr. %Vogl(' then withdrew, Ind Mr. llinlnn fol.
lowed Min, so that this insesiigstion may flow be
considered ai an end, at Ipsst fftr the prrsent.

Atltl AL COMO IT.—A f.-er d ts sge, a 111 'Sift and
• labourer, both wen of prowess, quarrelled no that
scaffolding of • spire now 'recline ors the loop: of No►
lite new church. A pugilistic encounter took piece,
anal the ton fearless combatants tought wear the sere
Summit of the volittished where I. el, pet
quite a i•fd in ditweter. The seatruiding st..d
o kh encircle at, includes Space e.f sheet tiU inches its
di •aseter ; had kere the chantproushuffe.ed each ot,ter
kralilq at lite height of 1713 feel above It.n saa•re of
the ground. Sltlllif knock..l.mn blows were given sod
melee!, het fortunately neither of the asrrn.,s aa.a,
thr,.ern .et al the ring. .r. as the ler-haled 0:- se .a,
wee the rot eq. It is in•leed uhe f..ared, tl•a• if at: -v
had been preapifaled to no.the. Earth, she a nold 11,1
has• re. e'ved theta se kindly as she dial bra 1,10 tit.,
n Awn We do not U. oils that aq, sate) of this
"•101, • a t•ser Mfo.e (loci teal by ftslicoli., in ,;mi.
Is f it, antra, pc.bar.q, at the mew, rite
t.nte betotit the b•isklayers, nasqoste, k •. who a. on
esnogesi in the buitiiitsz ar Bohol. It is said that the
s•ctor tnen of to chat rust • Crios, C trier, end rear.) other
lititisis bruiser a ..o shay ratite to light
him .n the. toll of the mon swot ..f Iw.ndnn, a brae i.e
wall give hinsoo,h • cross•hutiorit, as call send hius
heat)-lout to the street. Th. only men In at•Aer.t
Naves, oho haws equs!tail these eosin. • .rressots.d.
4
wlla.rzEtes:wEhrnstr,onain4dt 14 !I ens and
::i.ocie,
three.
foor,hs el • mite ab.••• the -lead., •In ••• .4 a.
nit.; hriallit, and hoard the 'ha •••-•I' 1011, I ;•
fathoin below the setae of settoo.—(.".. aph.)

LAW lATSLLIGENCE.

VICr-CdPirP.l.l.ORll CO." IT, lo‘c :q.

wfutox Q. Uons.or, NICOL', AND 0711111111.

Mr. Mena west that the Injunction grantd in
this rasa s✓ld be dits011.0(1, in so far as his Client,
Mr. Johnsen. a •seal officer, was concerned. The
rlaiswitr, who is a widow. had for some time had a
Oahe, as she alleged, to a ferry on Leamington
Water, iseir Warrington, ill Cheshire, sod she pro-
hibited any person whoever from sting it, unless
employed by her. Mr. Johnson had some estates in
the immediate neighbourhood, and he and his ances-
tors rot nearly a century bad been in the habit of
using a plessere.boat to accommodate himself and
friends. The Medoff hid frequently complained of
.erMs, persona seism the ferry, by which she less de-
; rived of her profits; and she at last obtained an In.
junction against Mr. Johnsen and Gs* others, be.
cause the former refused to relinquish the privilege
of a Mosquito-boat, so long enjoyed by himself sea
anc►stors. In such a MO surely no Injunct'on aught
to stand, as the Court could only grant Injunctions
when rights had been invaded, but such sass not the
case here.

Mr. HEALD, for Ow Plaintiff, admitted the NM-
lige claimed by the Defendant, bet contended that
the Injunction bad been properly granted, as the De-
fendant had lent a boat of his to Nicole, who bad
tarried passengers, and thereby made profits. It
vas clear in law, that if • Plaintiff had • right to a
ferry from A to B, end if • Defendant carried pea-
moms from the point CIO D. In the vame.vicinity,
he was guilty of inviting the right of the Plaintiff.—
This was precisely the case here, for Mr. Johnson
carried not only his friends in • pleesere-boat, bet
lad repeatedly taken cattle, &c. on board, and ear.
vied them to the opposite bank, flies clearly showing
his wish to evade the ferry. Seth was shown to be
the fact in an action raised egainst Nicola in the
Coen of Common Pleas, where the Defendant al-
lowed lodgment to go by default. If the Coed did
not tontines the Injunction, there was no saying
bow far the Plaintiff's right might be invaded, sod
her profitribistroyed..
Mr. lianon, in reply, denied that his Client had
ever any wish to make gain by the boat. It was
tree, be had loot an old boat to [Cools, who was a
very poor man, and it was egvally tree that Nicols
bad carried pampers ever, bet sorely this was sof
personslly any profit to Mr. Johnson.

_
The YICI•CNANCILLOI, after looking at 'belittle,
mf the Injunction, felt that it went a great deal too
Sir, as it prohibited Mr. Johnson limn usiug his
boat et all. Whethe► Mr. Johnson's right was legal
or not, was a matter of n• moment, broom the
long period be bad enjoyed that privilege, jestibed
Its befog confirmed. The Court is 9614 therefore dis.
Valve the lejanction. so fir as the pleasamboat was
immersed, bet cession, it against Al the potties, to
prevent them paths' eatery by it.
Jojeactieedissolved as to the Defendant Johnson.

COW OF KING'S RENCA.Isssli.
IRON COFFINS.

Soon afar Mr. Justice Holroyd had taken his seat
epos the bench this morning, Mr. Curren moved
foe a Mantes, to be issued to the acting Minister.
of the pritTih. of *. Andrew, Holborn, and the
Cherch-wardens and Setters of that parish, directing
them to bitty the carpet of Gilbert, la:ely
Mrs wife of Mr..00-o Gilbert, a pariabioster of the
some parish.
The Learned Juncia said, that as the option ap.
pored to be very joineries', it would be better to
. it.i ill the ether Learned Dodges clone into Court.
The .. lion was steordingly deferred, and tow de
the : the day it was maid bresght forcer
The Lennie.. WI: said, he groseded his am
Sion on the to iL onshanJ, n..b deposed
that hit wife lied bows c soot's, deed. r t .at the
corpse stilt remained abut. ;.e !Id. F.
ago, application war made to fie Rte.
Rector of the parish, to berry Ste body, .
fused. as it was deposited in an iron coat.. —dm
objection being made, the husband wog adrt.,v ,r
take the opinion of tete Learned Civilians, who de-
clared, that there was no leas' ground for ?shoeing
to bury a corpse on account of the material. of which
the coin was composed. The Rector was thee
cited into the Common., and the case stood for trial;
het as the Rector died before the hearing of the gen-
tles, the salt abated. The husband, Mr. Gilbert,
then applied to the acting Minister of the perish to
inter the corpse, the y occasioned by the
of the Reefer net having been filled tip. The Atini.
stet. end Cher-Is-4 ardens refused to receive the

tar!,

biddy, mid by tire order of the latter, it was depnritril
in lb. boric-lannse. The he,band, therefore, cow
• applied to the Crurt to issue a Mendelson, to order
the Ministeretrid CI arch-wardens to bury the body
wish the acceserrinesi ceremonies.
Mr. iserke Ilairtitwo—Why do you want to bury
tire horrly In hos
Mr. CIIITTT , soy ler& the iron coffin
is an coostroeted that the body cannot be taken out
of it. Many heal., hese been interred in these ca.
in', and the parish would hate receiver, the corm
of Airs. (filbert, if her hoeband had consented I. pay
the sildirionsl snot which they demanded. They
as), that an iron cello is sot so perishable as a MIN
made of wood; but, then, as iron cello occupies
mach lees room, as ISO of the latter will he is the
same space as 100 eelbss made of wood.
The LOUD CUM JITST/Cl.-11 there any instance
of • Menders., to an ecclesiastical perms, to induce
him to perform an ecclealestical act, such is to bury
er 'baptise ?

M►. CIIITTY.—There is a case. lay Lord. In flur.
rates Reports, vol. 3, p. 1267, in which Lord
Mansfield is wade to say, that a Mendawe• is a pre.
rna•rite writ, to the aid of which the subject is en.
titled sport a proper case, previously shows to the
satisfaction, of the Cowl. The original Were .f rho
wtit, sod the end for which it was frainod, direct
vpais what occasions it should be issued. It was in.
ttodured, to prevent disorder from a failure of jostle,
and defect of pollee. Therefore, it of& in he used
upon •ll occasions where the law has established no
•perific reweds•, and where in justice and good Co.
rumen, there ought to be one. Within the last
rut ury, it has beets liberally interposed for the bent.

' fit of the subject and the ad meat of jestice.—.
This was the opinion of I.nrd Mvishrd, with
respect to the legit of Mesdames. Bet there was
another case to which he (the Learned. Callum°
begged to call the attention of the Coed it
was the case of John Andrews against Themes
Cs althorns (13 George II.) reported in Willem,
page 538. In that ease Mr. Justice Abney said,
that the burial of the deed is the clear duty of
every parocial Priest end Mioister ; and if he neg-
lect or refuse to perform the office, he may by the
•sprees words of the 88th Canon be sespeaded by I
the Ordinary for three months. And if any tempo-,
ral incontenienre arise as a nuisance from the ne..'
Fleet of interment of the dyad corpse, he ii punish•
able also by the temporal Corn's, by indictment on
information, 111. 7, G. 1, B. It. That Coma made
e rule on Mr. Taylor, Rector of Datentry, in
Northamptonshire, to shofar rause why au informa-
tion shot.ld net be filed, because he neglected to bevy
a poor parishioner who di►d in that parish. Now,
it 4OS obvious, that a Minister might be punished by
the temporal Court, for not burying a tangly, and as
the body in Ibis rase use In s state of corruption,
from the Minister's refusal to bury it, it oppeered to
the Learned Counsel that a Mandamus ought to be I
issued.

The Lou Cline JWITICI RAW, hi thought there,
was another Tribunal, namely, the Court of the
Diocesan, before which 11:11 matter ought to be
brought. Bet ha would not decide the question at
remit ; mod, therefore, he recommended that the
LoarsedCouttsel should look farther in the books,
and if he could lad any thing to meet thk difficultly,
that ha would mention the cam again. It appeared
to his Lordship, that difforent Courts had been esta-
blished by the country for cliff/resit imposes ; and
that the joriediction of one Cirri ought not be cote.
founded with That of another.
Mr. CRIITTY said he would Inok farther into they
hooks io the coarse of the evening, and mention the
me agile to-morrow.

HIGH COURT OP JU‘TICIARY.
Monday came on the trial of P. Posers, journey-
man mill-wright in Iladdingtoo, charged with dm
murder of John Sandilantis, faros- aaaaa nt to the Earl
of Dalhousie, open the 15th of April last, by slril•
log him on the head with an axe.

It appeared in evidence that some young men hid
been awning themselves by leaping on the high
road, opposite to Coniston toll-her, when they were
joined by the Prisoner arid hi, motto's son, w he had
been working in the neighbourhood, end after finish-
ing their job, had regaled themselves wish some gills
of whisky at different public-hones. The decnnd
was standing enjoying she amusement, when the Pri-
soner old he would jump with soy of them for Imo-
pen*/ and hoeing lost his bet, vernal is pay 11,1
when .me trifling altercation took place among the
parties, and the deceased said, old as he was (66), he
would either *op with him, or light him, for say
thing he liked. Some high words then emend bi-
tumen the Prisoner and the deceased, the purport of
w►ich was not distinctly recollected by stay of the
witnesses present, bat it ended in this—that the
Prisoner @dunned towards the deceased, ■nd struck
him a blow so the head with en un which be had
on his shoulder, not lidlictai. a aeons emend on
his left temple, out of which part of the brain pro-
truded.

After the etemioation of the witness% the Gee.
NI for tbe Prosecutor and Pena addressed tbe Jury;
and the Lean .Tasrvm Osten having wooed op the
evidence, the Jury retie ' *ll derAterited for so
►our and three-gimlets, she,. ...q returned a brit.
tea verdict, finding by a plerelity of voices, the Pa-
nel Gr{!hh►' of the crime of morJet libelled ; bit
unanimously and Roost earnestly recommended ►im
to mercy.

After a solemn •n.l improothts address how tbo
Lord Justice Orr!, he was senteneed to be elects'.
og as F.dinhorgh, on the slit of Jaly, and his body
be given for dissection.

At lire bit CI
Pettis, it will be rec.

,/ Jostieiery held al
M•Euan, D.

NtiNienit, litre, I IV. Fer.
pl. A, .Nti re..ding in L.. neighbour-
hood, were tried open a chirp's amine -
D. Scott, en Excise Officer in Callender,
bPrhersoo, a Constable there, action; es his assistant,
in the execution of their dirty ; sod else of having
committed an *smelt spots Elisabeth Graham, wife
of M‘Pherson, and of having hrekt• the windows
of the boosts of Scott end M'Phrerseo. Of these
seversl charges lbe Prisoners were reel ecsively found
guilty, and eentenced—t he three former to silt months,
sod the two latter to eight months imprisonment
each, In the Tolbooth of Perth. The issue of this
trial caused a considerable sensation sheet Callan-,
(ler, from the conviction, universally prevalent there,
that the Prisoners were innocent of the unwire(
which they were charged, and hod been convicted is
consrquence of false testimony having bees Oleo
against them. A Memorial on the sobject was se.
cordingly laid before Mr. N. Dnurreso, the Aden.
cste-Depste, end, under the auspices of several re.
spectsble Gentlemen In the mcifildroerhood of Callen-
der, an investigation into the latter took place, the
result of which proved the complete innocence of the
Priteners of the crimes of which they had been roved
guilty. A reprrrenlation natio consequence made by
Mr. H. Mummers, and forwarded by Lord Gnome,
the presiding .1 ode. on the trial, to Lordliidiessoth, and
remission of the sentence against the Prisoners has
accordingly been obtained, and they have wow bees
sin at liberty.

A few dare ago a French C►mleauw, residing ist
East.lane, Wale orth, west into a large shrubbery
st thetark of the hoes* to let off a lowling•pfece,
which contained a charge that had for a length of
time lain in the gen, end which balled all his efforts
to discharge. !laving pr►pared every thing, he palled
the trigg.r, when unfortenstely the barrel burst,
knocked hint backwards, and the whole of ihe charge.
and several splinters of the barrel lodged is the head,
of James Moodily, the gardener, who happened to be
working neer the spot, by which one of his eyes was
blown owl of his head, and he was otherwise so den.
g ly wounded, that bet faint hopes are enter.
tainted of his ►ecarrr'. The Gentleman was also
seriously hurl.