The Statesman.
London, England, 1820-02-28 00:00:00

THE STATESMAN.

there is no doubt that a future refusal, upon cirrus-
stances similar to Mr. Cullen's vote, wood constitute
malice on the part of the Bich Bailiff. .1 yer.lict for
Mr. Callen could scarcely hay- done o.ore titan relieve
him fr his share of costs. The vital litystign, as to
the right Hi codas, has been as satisfactorily settled as
it could he by the first kgal authority of the counter..
The Lord Chief Justice pronounced Mr. Cullen's to he a
good vote, and that it ought not to hare been refused..
Air. Cullen then has gained his principal object, and
has restored a very large body of bts fellow.ritir.-ns, who '
weer disfranchised at the last election of Westmlnster to
the exercise of their rights.
air. Morris's Counsel, air. Searlett, nnderstood very
well the importance of this action, when he said. " if
Messrs. Blackburn. and Evan's ()Ir. Culett's Counsel)
Wproposition could prevail, the respectable inhabitants of
estminster wools! have no rights at all, and that is
what is songht by this action—:hen the ret nr n of a mem-
ber for Westminster would depend un the will of the
rahble, who would rome :0 vote at the next Westminster
elerf ; hut any Learned Friend will, I think, be dr.
reiveil it hr expects that he ran get your verdict, awl the
sanction of any Judge in England (n Web I am sure hr
never will) to the Moor; or he has laid down. If he cam
sni-cred, not to the whole extent of his proposition, hut
to an 'tart of it, he may walk over the emir.e at the
acct election: lie need not trouble the Iligh liii:iff with
r-,y of his 14w, for hr has the derisan in his favour."
This is cry cheering- nice to the friends of reform In
stniirster—for not only did the Connor! for Mr. Cul-
len sneered to " any part of his proposi.ion," Ent to the
w 154.1. important extent—and if Mr. Sraylett.%
co.oll in fart. " the. Ref waters may walk over the
, eonry at the next election."

The Learned Counsel's in 'err nee to *1 the respect-
able inhabitants vieloling all their rights to Roe
when translateorinto honest Knglish, merely means—
that the art .too•rary will to longer have solavient power
too r.otorn a 31rotolwr ford eanoimoer. when ail thole^ who
were c tooled lov the at the late sob... Tann
shall be o.fisonool to give their rotes to the real ohjrrt of
the peloole's rhoire. ‘‘‘ tor the raloo,le. the Utmost., fer
the Moto; ,foinourot on;lof :o know more short them Ihion
the Reformers ; hint .olr. Searle t a:i.l nu' Ito I the word
rabble in his loner. It raw merely a risetorleal gourislo
area lie is mot ottroverefol • bor io at the bar.

• ei••rt•rr.a of W:•s•otinsder 91. v now conzreonlVe
thrus• el% e% I hat the:r r.rrt;ons a ii. b • ron•atr led arcord-
ing to the prior p es and the plant cr hi.foca the yr;;r
L' IS. Ilefore th;.l thew, as it aagr•nred by the eriderle
of llr. Tooke, tile late i:epoty ltiai;:ff. no r hirrtion ‘•
l'aVer made to rer,•ire ;he rote of a pa rsoo capable ot
rtyin.". tnerely 19-.0.0 he nag in arrear. unless there
awl ?earn a •irruan I and n positive refusal to pay. In
fart. r invarhOsic ro'r nhilst Jlr. Took.• teas 1:()1111'
li•ia!t 11';‘,4 n.o= In di-tr -hire a person otherw;se qnsli-
-6,4, unless a rat..- ni d.atislity to pay the rate was clearly
relai.lishr.! agains! .113 g Will it 111 not to be larlirr••il
!!a.►t any MO' II coi,r, at tk, user.• isrigrestion of his an-

• .
aloe, n iiirtir the 'Ammo TP4lNll:P;hilits. Rut only
..f infrint the lawful runts of los filme.eit;eens, but
of ti ilanter obb-li 'nay rime 11•Ittr. !to Me to la is itn-
med7a's feelings, namely. the risk of so aril fur rvery
vole rejerte.l sg boat Hie manif, at inter -ions of the law
in this important roam. There is no re.o.o:i to believe that
the vers..o, slaililf broil Jev otter than mist. ql,
All I bossier Mire' bet n set ri‘ht I•v the of
Fog! tool, on alt relsenslon is to he ent •rtained that he
shoal.! ard;it fill into the softie error.
Tho. I a the right of roling hero wal,lighed, and
that hove the eleetort hero freed from the machinations
of lIMn.• ~..1•0 ranted them to he instil:e.t. I:e%radril, and
digfrin4i rimier the hypocrid •al prmenre Of pre-
R.rying their rii ies, soil promotiox P.aliamentary Re-
form.

L.1:1" IXTELLIGE.VrE.

COURT (►F KING'S cm -TATCRDAT.

IliorLVlTs w r. P.I.IIkINS.

Mr. Powuscu upened the case.
3lr. t• °tears address.;4l the jury. Ile uhserved
this was hemight 10 re( ut er valor of a
riag.• :01.1 harness sold by the plalot:ff to tlefenda
Ilse Indy let-stion would he, whet,' r t tidatit was
liable :or use harness, fur tlie rarciogr h tly been
pail tor. The Learned trottn-...1 sta:,d, the , when lir.
ilarlias 1.3,1 been electe.l to the u.liee of :;:teritf, it tw-
rurrr.l to him that a earricie 1;.• an itelispensaltle
arettiopatt;.-oent. As a Irati"11;:e not proceed with.
mit harness, the latter article .11 cunri‘e found neves.
try. A set of 4.11110414. which ha Mice been the pro-
perty of a I 'reign t take, was Male ', a t.l !Ile 414endant
agreed to pirenare it from Mr. I uoi' a for .hr prier
01 IT goittr.s. 31r. litothlitch, :hloklng that this har-
ness wintl4 look very bare witli•eit l! re 11111.1111110. uu•a-
linnrd
his opinion to Iln; defendant, who could oat make
up hi. upon the subject without some considera-
tion ; Is ,t, a. the Loral 3layor's I tay was very near, the
pla:nt:tf informed the Sheriff, that if lie ilia not hear
tram him in 4 day or two the ormolu-tits should he prO-
vi,!..ll. The defendant selrsequently called at the plain.
tit; a warehouse and saw the heroes-, and was very well
satisfied with it. After a few more oh?ervatious, the
Learned Comm.! proreoled to call his witnesses.
William tiarnor, exansined by Mr. I:un LING, stated,
that he is employed in the serviee of the plaintilt..
*now' the defendant. ilecoPects the Sheriff coming to
Lorot-aere to look at some harness whirls had been pro-
vided for him. This 41:14 in September last. The de-
fendant espresseil greet s:disfaction at the atelier is
which the harness was got up. The harness was orna-
mented with toppings, rows, and ear-bows. The harness,
thus oroamented, was afterwanls sent to Mr. Parkins.
The charge was 11 guineas for the barites', as it ori-
ginally semill, and 13i. Mr the new decorations. A few
days afterwards the Sheriff returne.l the harness, aseisio-
panied with a letter, desiring to know by whose order
it was sent.
The answer of 3lesersMutti ;licit was theo pot in and
read. It stated, that the harness had bees sent to Mr.
Parkins hes-It:se his coachman bad ratted for them.
Witness stated. that on the. Saturday after this for-
reepnlerre had taken place, he railed npon the She-
, riff for the anumitt of the whole charge, both for Car-
-1 ringe and hernias. The Sherif replietf, that he bad not
yet had an opportunity of looking over the aerount,
hut that he would shortly call npon Mossrs. Ifutdditela.
The Sheriff, neglecting to do this. was again visited
by witness. .% long conversation tool: place between
them, in the room• of which 31r. Parkin said, that he
would nut pay liar the harness, but was ready to pay fur
the chariot. - -

Cross•rwminrtl by Mr. Sem:Lem—Has lived with
Messrs. lionlditela upwards of 20 years. It was knowm
by ?.lessrs. lloulditrh that Mr. Parkins had been elected
Sheriff at the flute that the carriare was ordetetl.
Witness (lid not then know Mr. Parkins%, person. The
carriage was sent on the fsth of November; on the morn-
ing of the 9th the harness was sent.
James Brennan(' is in the emplo;•ntent of Mews.
Iloublitch; recollects conveying route harness to Mr.
:Parkins's stables, in ennsequenee of some orders left on
!the 9th of November. When witness was rrsnrniux, hr
' was met by the Sheriff The Slid-riff came d—g and
swearing at his coaehrian for brio: Co notch behind his
time. The harness was then hanging in the stable.—
The Sheriff asked witness whose Malt he lea*? WitliePP
replied, one of Nessrs. linithliteli's, and that be was
learrying home the harness. Wiwi ss assis:4 to clean

the gherirs carriage. lie saw the carriage go oat;
and the new harness was not used.
Cross-examiuml.—Did not hear any reason assigned
Irby the Sheriff did not seethe new harness.
Ir. SCARLIITT, for the defendant, observed to the
Jnry, that he never knew a case which better rented
toe old proverb, •• hear the tither side before you de-
cide:" for twithstanding the evidence which bad
been laid before them, he should show them that he
hail a most satisfactory defence.
Charles Lawson, examined by Mr. Hot.r.—Stated,
that in the September of last year, he had uccasion to
rail upon Mr. P ',kin., and upon hearing that be had
gone to Mr. Iloulditeb's, lie followed him there.—
' When arrived there, he inijaired for Mr. Parkins? One
of the gentlemen present in the warehouse asked wit-
ness who Mr. Parkins was? Witness replied, the She-
riff. What Sheriff? the gentleman inquired. Another
gentleman present answered, the Sheriff of London.
(loth gentlemen then left hits, and short!). after Mr,
la-Irking entered the no". I Inc 4,l6...gentlemen above-
mentioned bowed to Mr. Parkins, and said, " 1 had nut
the honour of knowing that I was serving the Sheriff."
'they then .scot up stairs, and upon routing down, Mr.
P.Arl.ins appeared in a pale inn, amt addressing. the gee -
tletuan. said, " If your brother e ill assert upon his be-
nonr, that the harness n as not inelnalrd in our bargain,
I will relintini.li at. hate harness for four horses my-
self." Mr. Parkins turned round to niters', and said,
Whv did yon tell them I was Sheriff ? 1 have been
ii, ark wilt of toy harness in corsilimenee. "
rient-examined lay Mr. Anoutuus.—No other person
was present. Witness is at present a clerk to ;tin,
"wig", coal-mrrehant,
Mr. Auomturs, ',Mating to the first witness examined
for the proserntior, at.hetl if he was our of the gentle-
ov.ii whom witness 'hail seen in the warehouse? Witness
thonght lie was.
11 illiam Wall, a boy of fifteen years of age, stated,
that he went to Mr. Parkins at fil. . lionltlitch ; Mr.
l'arlitut went alsont harness; Witness stated, that
Mr. Parkin., at this time. runrlnded a bargain with
Mr. Ilisithliteh for a chariot and harness, for 150 gui-
neas ; Mr. Par!:ins asked if it teas a four-horse harness;
Mr. lloulditele replied " Yu, do yon rep ct to get a four-
hopte harness and chariot Ins IA guineas. This wit-
ness rotates:led the areim al given lay the former stiller.,
respirting Mr. Parkins's twelatation, that he would re.
sien the harness, if Mr. lioulditch would derlare, upon
!Os honour, that the liarneNs hail not been included.
Examined lay Mr. AvoLiotee.—Mr. Lawson was not
with him when be ir.vit !n Mr. I ton Hitch's.
John Thorn prayed, that, a! eight u dork on the
morning of the It•li of Noce:niter, Parkins g.r:e
order 4 to have his own harness ready for that day.
When Mr. Parkins saw slur hew Itorstees, he alinstol
rinielonste for having ordered it. Wesieso hear.' no
given to rout ti it. 'I hr saute coachman drove %lr.
Parkins that day. lie was only diss.loarged yesterday.
John Stiiitts, the keeper of the stables, tetrulleets.the
laud Mayor's leity. This witv Ise proved that Mr. Par-
expre?..eil his oiraprohat am of tile machines's eon-
durt, awl ordered Mr. llottitliteh's men to take back the

Joseph Gill stated, that the harness was rearmed the
Ile.t fine day.
Mr. AOOLPIWP replies!.
The CI,I Er deseter summed rp the evidence, and the
Jury returnee a Tenho. (lir the tieletitiatil.

iilr:att ILL •'. It tr.

This was an rietioitid7slan; • r„ alloging
that oho iletru.lant had said to Coe " You are
a fros% soil l cao prove it."
3ir. 31 sestarr and Mr. Ana %PAM conducted the
rils;n Uf a 1'4141., WWI Mr. lis4rl.lll the defendant's.
The plain!itf, being son ”yor of the highways in the
parish of Kew, his aerotiros were sox:nitwit at a meeting
of the parish vestry. at which the defeatism was
aza,t speaking wish reterrace to the plaiutilfs accounts.
he u:.ereti the wont, :he declaration. Under
the's. eireumitar,ro.

r.
1 h.• Cooler Jo so at x 1:e!.1 t'o.o! 'Toe Ivor& 'erre not ar-
tio•sabi•, soul therefore the i id: II; was •enaniteJ.

:OVNT EASILKEVAI99 96 PM !MANUS ileitnETY, 9.616 T.
AMU MR. PLAt E.

Th's r<ls an action arsingt the Llefrodanes, as inha-
hi!aat. of ihe linndred of 4 !stubs/on. to recover, ander
roe sjils t:ro. 111. e. 19, a ron.peasatioo for the injury
dime :o the plaintira house is St. James's-Igram. lir
the riotons itt•oh who attacked the plaintiff's and several
other loonies at the close of the last Westotinater
Election.
The Sot.tcrroa-ficsea st. and Mr. (•lIITTY
the plaintiff's roue. and Mr. MLACUIBURNE and Mr.
JOIllit:A EVANS OW ildeitliaate. •

3l r. MAI kill RN e made a most eloquent speech, and
observed upon what the Chief Jnstice ABBOTT lid in-
terpose.) in a-manner so spirited as to put us in mind of
31r. F11%1(1,614 WI Ii:.• lr:41 of the Dean of St. Amyl', be-
fore the late Judge l'xio.r.u.
The plaintiff, by his witnesses, Pehlsles, the house
stewartk and Connor, O'Brien, ami seseral others,
proved that the injury door, on the occasion tu qnestion,
aanonnted to 611. 10s., fur which sum
The Jury, under the Learned Judge's directions, found
their verdict. _ _ _

The Cum Jcsstea sits on Jlon.lay (this Jai•) at
Guildhall.

CONSISTORT COURT, DOCTORS' COMMONS.

RIM APOLIANNA GUT CULICD MONSON) r. SA.

llllMLlforcsnx, KSQ.

This was a snit of nalhly on the ground of misnomer,
the meatier having been solemnized in the name of
" Elisabeth Guy" only, whereas the name by which the
la.ly was baptized, and was ale.o s knots n to gu by, was
pleaded to he that of " Eliza .Ipolianna tiny."
Dr. Dousex contended, upon the authority of several
cases cited, that ;sere was au exprea misapplication and
franoltdent concealment of the Christian natne. The lady
was a minor of age of sixteen, and the marriage, which
was by banns, was without the knowledge of her mother,
end e-ly go otdian, a widow, Conni, it was eentendvd,
this misapplication of the real orate was intro ic.l pea-
p_oselv to deceive. lie ronten :141, first, th it !Alla and
Elisiateth were two different Set'JIIII!y, that
Apoliannz should have been !vol.
Sir W. SceTv.—Yon have told me that this person
was commonly known by the name of " Apolianna, bot
you don't ple.ol that. It seems very improbable that she
should hair gone by, and been known by all these names,
and nut a'4o by the name only of " Elizabeth fitty."—
Now it cce.l upon the authority of Dr. Johnson (that
great natter of the English language), that Eliza and
Elizabeth were the same. [tlere the Learned Judge
quoted some lines from a poem of Dr. Johnson's, intitled
"tondon, a Satire," conclnding thus—" Aliza and Eli-
zahetlo are one."] And next with respect to the name
" Apolianna," Which Dr. Dodson contended was neces-
sary to he used. The Learned Judge facetiously ob-
served, it was a common thing with Roman Catholics
to baptize their children by the name of some tutelar
Saint, and it was extremely probable this name had been
so given :—" Saint A polian isa" was no other than one of
those tutelar, allegorical personages, who had the sove-
reign care and tualiag.!ment of human teeth ; but in this
cwoutry it was not n common name; and therefore it
wan very unlikely to have been the usual name of the
party.
Mr. Dorman referre.l to 3 case of tont-raiment in the
name of Won. Peter, a here Peter was left out, although