The Statesman.
London, England, 1810-11-21 00:00:00

zogr ANTSLLWENCS►

.COUILT OF CHANCERY. Tosseeseprov. le.
ZING Vb HARRIOOK. .
The Plaintiff in thl6 eanse is Mr. John King,'and
the Defendant is a Mr. Harrison," who had been
once his attorney; and who had obtained a verdict
for 15001. against him as damages for * libel and
malicious Prosecution. The De&adept after get:
ting this verdict, took out ea wails 011fieri faciir
against the goods in the dwelling house of the
Plaintiff. •Mr. Kingthen filed an injunction bill to
stay theesiecution of the 'writ, alleging some ground
its equity. The rule for the injunction was granted
of course, until thoikeedset should pet Ist his
answer. Mr. Harrison, however, the, day after
the rule bad been obtained; delivered the writ to
the Sheriff, and afterwards put in his answer, re
which Mr. Kink took exception', which however,
he declined to arglie,and. the injunction wai dissolved.
It, however, at that time appeared to the Court. that
Mr. Harrison had been guilty of a greakinagulariti
(although not a wilful contempt), in giving the writ
to the Sheriff to be executed, after the rule fors,tho
injunction had been granted, The Court there..
fore-would not commit° hfus for a• contempt, bet'
required of him to give notice to the Sheriff,-
to forbear from executing, *that writ, without
p 'eventing Mr. Harrison, however, from suing
out another writ of feri facies as soon as he
pleased. With this order Mr. Harrison alleged
that he had com plied, by causing the notice required
to be served at the Sheriff's office. The Sherif head
in the mean time executed the writ, and seized the
gqods ; but as Mr. King insisted that they were not.
his goods, but the goods of Lady Lanesboroughs
the Sheriff, on receiving an indemnity from Mri
King, did, at his request, make a return of trulld
bona to the writ. Mr. Harrison then brought his
action against the Sheriff ,for a false return. In the
defence of this action Mr. King shifted hir ground,
and eutleavoured to prove by witnesses that the
goods were not the property of Lady Lanesborough,
but that they were his own goodr ; anti that he had
V itfeited thern when he took the benefit of the In-
a,l vent Act. As the foods, however, still remained
IA his letse, and he exercised the risible ownership,
this objection was overruted by Lord Ellenbo-,
isou4h, and Mr. Harrison obtained a verdict against
the Sheriffs. Mr. King, however, still continued
proceeding is Chancery, and sought an injunction
to stop execution upon this verdict also, or that Mr.
Harrison should be committed to prison for con.
tempt of Court.
The grounds upon which this motion rested, wall
the affidavit of Mr. King, that he had caused diligent
inquiry to be made at the Sheriffs' office and that'
neither the Sheriff. nor say of their Clerics had re..
IneniberaLto bate received anyh notice from Mr.
Harrison of the natutethat he was required, by that
order of abe Court, to give, and that there was ao
such notice on the files of the Coati: This aibtle.,,
vit also stated that one Jackson, who was desiredl
to serve the aoticti, bad informed Mr. King that he
had been desirqd to give it to any person at the dolor i
of the Sheriffs' once. Upon these grounds *va
contended for Mr. King, that Mr. Benison had
been guilty of a contempt of Court in not obeying
their order, and that. be ought not to he permitted
to take any advantage of a verdict so obtained.
On the other head, it wesoonteaded that Mr.
Harrison had lame guilty of no wilful contempt of
Court, and that Mr. King had no equitable merits
at all, but evidently had instituted those prow&
ings.merely for the purpose of delay..
The Loan CuasczLLoa said, that although he
considered it avrong, and was suppOrted by very
good authority in so considering it, for Mr.. Har.
rison to have given the writ to the Sheriff to exc.
Cute, at • tint bet he knew a rule for an injunc.
tiro had been ranted, yet he did not think proper
to punish it as a contempt of Court ; because Lord,
Thurlow bad held, that there was nu contempt can
less the writ of injunction had actually beela.
served. lietad•therefote been contented rritii di.,
reciting Me. Harrison to give notice to the Sheriff
not to proceed upon that writ. It appeared after.
wards that the Sheriff had, 'at Mr. King's instances,
made a return of nulls- bone. Mr. Harrison had,
therefore, a right to try by law, whether this was or
was not a false rate rn,.and as the injunction obtained
by Mr. King was soon afterwards dissolved, there was
no rule or order of that Court existing to prevent Mi.
Harrison from recovering from the Sheriff. This'
was quite a distinct action, to which the injunction
ditl nut-apply. As to the new matter stated by
Mr. King for the first time in 'his affalarit* of yet.
terday, respecting the nott-compliasice of- Mr. /far.
rison with a f‘oluer order ; as this affidarit, and
the motion grounded upon it, had been matte with.
in a very few days of the time that the Sheriff
would be bound to pay the money ; as there was no
offer on the part of the Sheriff or Mr. King 'to pay
the money into the Court, or to abstaiu from fur.
ther proceedings, calculated merely for delay, the
Court saw no grounds to interpose its authority to
prevent Mr. Harrison recovering his debt." The affi..
davit of his not having complied. with a former or.
der of the Court was by no nmanirso satisfactory as
to induce the Court to deprive him now of the ' be.
neat Of his verdict. -
COURT OP .K-ING'* BENCff, Vac 90. -
RIOTS AT THE LIVERPOOL THRATRie
The persons who hid been found` chitty on this
head, remanded on Monday, were again brought up-
for judgment. They were as follow Abraham
Lemon, Cler.k to Lionel Lemon, timber-merchant ;
Thomas Turner, geutieteso; Johnltobieson Maly.
neaux, broker ; Charles itowLsadionerattorney ;
Matthew Carter, -merchant's clerk; aiod..,Baipse
Wilson, avrentice to a coachmaker. • • • ... •
A number of affidavits were produced cattle. part
of these persons, giving them characto4 for.gentral
good conduct ; and expressive of tire vigret which
they felt for their shave in the Noe.
The ATTORN k -OEN ERA L, fn the bonnie of their
ireaaing, handed in one affidavit of the Solicitor for
the prkoecution, which- -stated, that subsequently
- to the service of the rule fora criminal information
at Liverpool, Rowland/tun had gone into the gal-
ler): of the Theatre, and made a speech, charging
the Managers with attempting to Otero plastic opi.
riots by terror, and the weight of overloaded law
procetses; that for his part, Le tumid hoar gamy

t-.77f

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THE STATE

one of the actions rot SOL bat' that if they came
to 2001. he could tad the money in Liverpool ; and
that if he was to basest to the same place where Sir
Francis Burdett and Mr. Gale Jones were sent,
he would endeavour to bees much at his ease as he
could.
The ArroItNET.GENERAL then gave in an affida-
vit, representing Lemon's conduct as Out exhibiting
anitisalls of real contrition ; and giving in evi.
deuce it printed paper, to which Leeaa&s name was
signed, reflecting upon the conduct of the Managers
in peculiarly offensive language.
Mi. ELAINE jiildresseci thsie Court at considerable
'`kogrtr, in ettetfitatiOti.. 'H,' was assured, that, the
contrition expresked in.: Of allidaitits was real, and
that the Defintitiotahadred a lesson which they
' would remem See iliirtiot the rest of their lives. lie
had not wished•td,grre any contentions opposition to
the motion for the Rule, and this be did by the
direction of his clients. He .had offered on the
trial. to let judgment go •by
,defaultl; if the op-
posite Counsel would give up the charge of
Conspiracy'. That charge was given up by the
rection of the Learned Judge—:and if the
,i*r Of the Defendants had been accepted, the
farther trouble to the Prosecution would have been
totally sated. The Defendants were all young.--
k•
irdion was only twenty; Molyneaux only twenty.
'one. They had no conneetion.wlth that part of the
riot which &imaged the furniture of the Theatre.
Mi. St:lithe:4 the • *Harney for the Prosecutiou,
b;d atiiisitiediise respectaliakti of Wilson's eharac-
' ter ; and these of the.otheri hick touchers equally
strong. Even the paper which Lemon imprudently
'published, was only a preMature attempt to rescue
himself from the charge of conspiracy.. There :wait
tornething mare tender in Rowlendsou's.c.ase; at
he was a- professional man, and • could not be
ignorant of the law ; but it appeared,. that he, wee
perfectly unconscious of the illegality of the act
which he was committing at the 'Theatre. Mr.
ißowlandson was peculiarly unfOrtunate in coming
under the cognisance of tke Court. lie had re.,
calved the best education which could fit him for
the higher departments of his profession. He had
been called home from school to assist- his father in
superintending his office. His father was infirm,
and the care of protecting, and, probably, of sop.
porting his brothers and sisters, would devolve up-
,on him. The sentence of the Court might fix a
stain on his professional character, and injure him.!
more materially thin his present offence could pos-
sibly require. Mr. Heine concluded by declaring
'the confidence of the Defendants in the entire justice
Alhich would be dealt out to them by the Court. •
Mt. SCARLET followed on the part of Turner,
Carter, and Lemon.
Ati the course of his speech, which consisted al.,
most entirely of a recapitulation of the affidavits, he
adverted to the natural and customary illowaticei
'for tumult before the rising of the curtain, and at
Vie opening of the season at the Theatre • and ob.
nerved, that' the habits of the Attorney-General's
' fe did not put.it in his power to experience this,
;tot te make alloweocejorlit. •
't 'Mr: Rtcuanbsoe made a few remarks son llat
same side.
. The ATTOIMIT-GENE2I4., in reply, lailented.
that persons who were able `to produce suck cite.'
teeters ,as those of the Defendants, should hart
thrown theniselves'into that situation in which they
.ii
.then stood. There was no doubt of the conspiracy.
It was not necessary to constitute that-offence that
even should assemble in a rood) and enter into reso.
!Whom,. !fit could be proved that they were acting
dooothera—if icy 'evil thing eould be proved to re.'
Onlt!rods their Joint concurrence—the fact of the
1 011111spiracy was clear sod sufficient. The Judge hadoi
'solely in consideration of the 'characters of those)
young men, advised the Counsel for the Crown to,
withdratothe charge of conspiracy. Bat thin was•
merely an act of lenity on the side of She pro-
soeution, -And no proof of innocence : this could
list therefore avail the Defending*. The Learned
-Qqiinsci: far the Defendants had admitted `that
the. riot- Was an act of wrong : and it would go 1
forth to those who might be in future disposed
.t 4 break the peace within the Theatre, that such
au ad was universally allowed to be illegal ; and
that whoever committed a similar offence must
expect tin area the punighment of the laws. Is
allusion to the hint of one of the Learned Counsel
'(Mr. Scarlet), es to his (the Attorney General's
not knowing' the customs of the Theatre, he
!'would only say, that though he might not pos.
secs the warm blood of that Gentlemati—though. bit
relight not be, like him in the hey-day of you*
and spirits, and. vigour, he could recollect the delis
,when such things were not quite so unusal as now is
be could once have amused himatif at the Theatre;
land be was still able to remember that tan audience
thought thentselves entitled to eat for the music be,
fore the curtain rose, and to.iall for jt in any form
of utterance tbty iheOpy iiifibilille! carcumstaucei.
&Ir. Tureens Whlstaitt tlyenkb, outsbellS, .and
pr. Lemon's eattiallif Wight have *en. heraiiee.
.
.ewou ~ but lettblimhe Cirnikeited with . the
kakis, with the riot, with theinniuli, end they col ,
let be thought iateeeentany 10ne.e.t... Of then Oteill
Usson was Plainly foremost. That petson via
have the court" to believe,. that he gave way toll
-riourable feeling. What feeling ? Why ,00king,
• more than the feeling of `breaking
.into the theatre,
I anti forting the Mrtaager to suPpnlll.ln witliftiluits.
meat -at a rata, by which. IWO' Manager 'must be
1.'0100.. What yeas tharliersiin't Soliloquy ? " Yon
mar hive lawelelVestteiliater )(all; for the pro.
'-faction'of.ertoperty ; but' we have bists of 'soother
tiMapin . Liverpool; tint Wes In the Cutitti
I be set itdetiakeby :O'er laws in Ate Thealre:s,
N there triii'dis toistritiOn 'le fhtr. Linion'; 'dad
be Ugititti. StOOA 'ttOtio" the fidor'of thole
'ill '"t
. ' -*When 'iiiich4birithin was es pressed;iitil
7-,ii,
--'llosis tatilitsy other spot ins England, that' lamp "tirsi-oh* leaftWAtibl* penitent:`. it was to be
P fiat s. gets' left- eiteinestances •Of ' pal.
Ilatieni la :thlo iltieeefAlicifftsestecjurukerlid
some af .4 the'dthilttritild' W---aistri Isavo Jive.
.4seacfit-of'swititirciliktiiii. SO SO*. "them" bad
-
'not gone wi tieeessildtatertelitc theattast liar 4hh
,showed last I 1 itgliCtitu had some; sense'.
/11 their folly. .1411alttiOrney-Ceeneral felt for the
tbeisoor et ItpalittateSliion, in alluding to !Lowland. ',
'tots:- That ‘Hefendaut Ultra have lesown his:. Soo.
duct to be &gel. Even when he was couvineet

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