The Statesman.
London, England, 1820-06-14 00:00:00

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• ' :44W LVTE LI, IGEN O,E.

copier -Op cIMANCIRY. I.lNtot.s'Ai Juxa 13.
—ilia Lawn Cararat.t.og came into Court at nine

'HE MATTER OF THE LEOATR*S OF TDB LATE DI:111.
uP QUEENSWIRRY.
The Loan CHANCELLOR observed, that he had read
tho petition of the-legatees in this case, and wished to
t.truished with a statement of figures, and, it handed
so him imalse course of the day, the agents might
• ...it upon him to-morrow morning in the House of
Lords, before he went into Court, and he would give
theta his decision.
.4 %WM WTNNE, aso. Aran OTHERS, r. TilE MIDDLE'S%
WAFER COMPANY.
tar. 1k T stated, this was an erparte application
fit: an injunction to restrain the defendants from
cutting off the supply of water to the district of Mary-
-Is•boae. By the Act of Parliament forming the Com-
pany, they were hound to supply the district with
water at a reasonable rate, and the plaintiffs, being
part of the inhabitants, agreed with the defendants fur
a supply of water at a certain price. 'that the defend-
ants had lately demanded a greater prier, which was
considered en.wmons by the plaintiffs, but they offered
1,. try the question of the reasonableness of the ad-
vanced price demanded, which the defendants refused,
and threatened to rut off the snpply of water. Under
these circumstances he trusted that his Lordship would
grant the injtinetion.

- _
The Lon; liANcrt.i.on.—flave you served the de-
fen.lanta with notice of till% applicat.
Mr. HART said, they had not been ser%eil, for the
rea‘on that the plaintiffs were affraiol, if they had
given them notice, they would rut their threat into
e‘ectition.

The LORD CHANCELLOII.-1 cannot make an order
nithout gking them in opportunity of being heard
before me. I also doubt very much whether I have
any jurisdiction in the oases—Motion refused.

wtoorto or r. THF. OF
THE LATE IFFER QIUNFREIRRY.
This we, the petition of the Noble plaintiff, praying
tl.Jt it might be referred to the Master, to whom the
elainis of the Legatees under the will of the late 'Mlle
been referred fur the purpose of imptiring and re-
porting what sum ought to be tleta:.ned in Court for
the purpose of intlenifying the Noble plaintiff (ruin
any loss he might sustain by leases which had been
revived by the late Duke before the original term bad
Mr. Tnowa stated, that it would be nece • for
the Noble plaintiff to amend his petition before his
Lordship could hear it, as the words of it were dif-
ferent from the deed of entail; in the deed it was
stated, that the lands should be let on leases at the
most reasonable rents to be obtained, and in the pe-
tition it was set forth at the most improled rents that
outd be obtained.

The Loan CH tstcau.nn.—The petition certai.:ly
'oust be amended, particularly as, when the case of
these leases was recently before the House of Lords,
the question of reasonable routs went under week dis-
cussion. Their Lordships sent it back to the Court of
Session, to nfake further inquir►• whether any of these
leases should be set aside, they being, if my recollection
serves me right, 110 in number.—Petition withdrawn.

COURT OF KING'S BENCH, WEITNINSTrit. Julia 11.

(Sittings in the Excierquer Court.)

vat: RING e. Ste svritaxtet, romaxT, eamtEL COL-
mars, NET. mt. Gascovms, aver °Tante.
This case, which was a question between the Ma-
gistrates and the publicans, regarding the power
exercised by the former, in refusing to license ale-
hJuses about town, after being before the Court foe
some time, was tinally disposed of this day.
Early in last term, upon the motion of Mr. Sista-
, err, a rule aisi was granted why a criminal in-
t ,rination should not be filed against the aloive-named
dofendants, with others, to the ;mintier of thirty, all
J•lstices of the General Sessions at Clerkenwell, for
having, from corrupt and partial motive'', refused In
give his license to a publican named Meske, who kept
t.o. Oren; Man public-house, in St. John's-lane,
Cierkenwell. The motion was founded on the ati6da-
vita of Meake and other persons, and a strong case
seemed to have been made out against the Magistrates.
hteake's affidavit, amongst other things, stated, that
be had been a long time resident in Mt. John's lane;
that his house was well known ; and that the sober
character of it, and good accommodation which it
&lorded, was recognized by all his neighbours: an
allegation to which several of these people deposed, in
coafirenation. It went on to say, that he had been in
the habit of dealing for beer with Men:, Reid, and
Co. until some time in 1816, when he chaiieett leis
brewer. In a little time afterwards, the Magistrates;
came to his house, and having learned the circumstance
of the change of his brewer, cited him before them,
and, upon the (evidence of Clarke, a constable of the
parish, withdrew his license, which they since refused
to renew. The affidavit further charged, that, acting
1:-cim !heating alleged corrupt and partial motives, the I
JustiCes bad granted a new license to one Dell, a pub-1
i can, who kept the -Feathers, and wboye license hail ;
Leen withdrawn under circumstances similar to those
of the deponent. It then went the length of sa}iug,
that the refusal by the Magistrates to renew the li-
cense was in consequence of undue, influence and tam-;
poring used towards them by hieux, Reid, and Co, or ,
awne one of that firm. Two instances were cited in
sopport of this, in one of which a clerk of )leaf,
Reid. and Co.'s bad been seen in conference with wee
of the defendants; and the other, where Sir LC-omelet
h'd left the room to speak with a person whilst the
Justlim were sitting. It was also insinuated, that as
Sir N. Conant lived at the west end of the town, it
was travelling, a little out of hie way to come to
Clerheawell apd look after this publican there. In
' aticlitiiie to thess„facts; some observations were made
by the Leerned Coined upon the increasing influence
of the,great brewers in the metropolis, interfering yet*
the renting lieelleall to publicans, expressly eogtrari
to thmrlistontions, or tbo lagialaturer Ueda 411 those
cirenasegoieen.. deo Writribipsoted stillilessl tale,
%Melt iberowas set doe illvanswet IMO air
.v*o I I
tetra.

f

The SOLICITOR-GlaNaltAL DOW argued at Cliatllidtr.•
able kogth against the rule. He was provided with
the 'Vasil, of all the defendants, who, collectively
and individually, disclaimed, in the must dirtiest
their having any other motive for refusing the
license to Meake, bat because they thought the home
was an improper one. It appeared that there were
two tenants in the house iu question, one of whom
took out a publican** license fur selling ale, but, under
corer of this, the other was selling spirituous liquors,
directly in contravention of the Act of the •d2d of lice. 11.
The Magistrates therefore thought proper t• cancel
the license ; but that measure did not originate with
them, fur they had previously received information of
the character of the house f Clarke, the parish
officer. Neither could it be said that there were not
public•houses enough iu the neighbourhood, for there
were nu less thau 23 in the space of 16 yards square.
The Learned Counsel then referred to the affidavits
which be held in his band, and which he read to the
Court. The affidavit of Wm. Clarke, the constable of
the parish of St. John, Clerkenwell, stated that the
house was fitted up for selling spirituous liquors under
pretence of selling beer. Mr. Collins the Magistrate,
and one of the defendants, disclaimed any corrnpt mo-
th-es on hi.; part for refusing his license to Menke. It
also sta•ed, that when at the general Sessions for Oterk-

enwell, in 1416, Sleake petitioned to have his license
renewed, Sir N. Conant took no other part than stand-
ing up and saying, " I am a Magistrate, and I will
refuse your license." The petitioner undertook to
say there was no plaint made, but he, tho• tlepotient
stated that no steps were taken by the Magistrates,
until Clarke the constable had laid the complaint be-
fogs them. It was aim) clearly proved to them, that
Menke had " let uhf" his beer trade to another, and
was then selling spirits against the statute. The next
I affidavit was that of ,oir N. Conant himself, who, in
the most explicit and indignant terms, repelled the
charge of his having been influenced by the interfer-
• core of any our belonging to Helix, Reid, and Co.
He stated, that so far trona the license bring granted
to George Dell, of the Feathers, in cunsequeare of
any interference used by him, be had been against
granting; the license to Dell. 'I he other defendan's
concurred in denying any interference by Menu Meld.
and Cu. l'hey all spoke, as the Learned Coonvel (-un-
tended, iu all strong terms as any men could hr sup-
posed able to make use of at this distance of time. As
3lagistrates and Gentlemen they expressed their indig-
nation at the charge nude against tin no, and he eon-
j tended that they were entitled to credit at the hauls of
the Court. Their affidavits continued to allege, that as
this was the first filename of hio persona applying for
a license, one of whom kept an ale-house and the other
a gin-shop, that they the aglit it tvas proper to make an
lexample of it. lint, i.o assn-14-w the insinuation that
I a lice note had, under oil.. same circumstances, locen
granted to a person of the 1111111 e of Dell, they said,
that without doubt loci; used to sell spirlo:. but h,•
only sold to his couattry costumers, and by wholesale,
and that therefo•re his trade was not so objectionable
as one who sold in smaller quantities. Sir N. Conant
distinctly denied any cumninnication with, or interfer-
ence by any one connected with, the boustit Reno,
Reid, aad Cu. The neat affidavit was tarot Hr.
Richards, the Clerk of the Peace, a situation whkh he
bad filled for many years. I his deponent in his affi-
davit set out the Resolutions of the General Sessions.
at Clerkeuwell, in 11416, against persons who, under
cover of an ale license, continued to sell spirituous
liquors. Ile also stated the fact of a complaint haring
Ibsen made by Clarks-, the parish officer. It was als►
is this affidavit that the fact came out of there having
been no less than twenty-three public-hoaxes in a
i space of sixteen yards square. in the neighbourhood
of the Ilreen Man. 1 lar affidavit of Miles, the head-
' borough, and who had formerly uccepirJ the house in
which Meake lived, also stated that alterations had
been made in the house, for the purpose of converting
it into one for the sale of spirituous liquors hr retail.
The Learned Counsel was proceeding to add, that he
had also the affidavits of Mr. homes 11en x, Mr. Keith,
and the other partners of that firm, diselairniag having
used any interference whatever with the Magistrates
in regard to the license withdrawn from *take, the
appellant. All these be contended should, if any lan-
guage was strung enough, acquit them of the charge
of their having been actuated by corrnpt ur partial
motives in their conduct.

Theelltee Jesvica remarked, that as the defendants
had so clearly negatived the charge of corrupt motives,
hr thought the rule ought to be discharged.
Mr. ScARLETT asked permission of the Court to
address a few words in answer to the statements in the
affidavits, before their Lordships made up their minds
to discharge the rule. He observed, that he never yet
remembered a charge of corruption made against any
party that they did not deny it. It was quite clear
from the facts in the case, that brewers were la the
habit of interfering more in granting licenses tp ?O-
htani than they were authorised by thi law, Al-
though the dlagistr4tes here disclaimed corrupt mo-•
tires, yet he had no doubt, if he had the case before a
Jury, that he would not make them draw the inference
which he wished their Lordships now to draw.
Mr. Justice list Lsv observed, that this decision
would not prevent him fro►u bringing the matter
be-
fore a Jury.
I'lw Comae Jerrie& said, the course 'Aids the
Court had to adopt was one, and simple. .1 criminal
information was an extraordinary proceeding, and
never adopted bat where corrupt motives were imputed
to the parties. In this case an imputation of that sort
was made, but the defendants distinctly denied them.
therefore there was nu alternative but to discharge the
rule.
Mr. St sat.rur said, that his client aosi• for the
first time, learned the grounds spun which the Ma-
gistrates refused his license. It was impossible for
bins to make answer to the charge of dividing his li-
cense (which was common enough), when he was not
apprized that it was that cause which would be assigned.
The Cuter Jbsrtra said, that upon Isis own affida-
vit, Menke art, uwiedged be had beta questioned by
the Magistrates.
Mr. SCIALETT contended that the of went no
farther than to admit that the Magisiettlea lad gees•
floated him &boat changing his lissom, sod that they
did not deny. He alas observed, that-lliflA- Colson
hsd coins there from the west end of th tars.
Mr. Justice BATLgT Lad, it :►as desirable the pose

r•e) tit
•tab.,
Boner,

I Alt
fo one,
stool
.smut
be was
M
men,
introit.
Lonishil
piety

tics threnghout all the districts of the nsetropoli%l
should be tedium. .
Ur. SCAlliaTf said, his client had been ruined by
.the delay given to his cause. It was not denied that
up to that time his house was unimpeachable in its
character, and to that many of his neighbours bore
testimony. He hoped, at least, the rule as against the
defendants, would be discharged without costs. He
admitted the name of Dr. Hascoyne had been litre-
duce(' by mistake.
The CMS/ JUSTI c upon this desired that the ruk
as towards this gentleman should he discharged with
costs, but as to the other defendants, as it appeared the
presence of a brewer's clerk at one meeting was not yet
accounted for, he thought towards them it should he
discharged without costs. Fruin this circumstance, he
was inclined to think that the complainvinade to the
Court was nut wanton or uncalled for.—The rule was
then discharged.

litworwar floassor.-41toont tea technic au nib
day *night, Mr. Edward Woodward, a yoook 046
man resiilisig in Wood-street: Chespside, yak: ahei
Howell-street, on his way home, was attarked 44.
to the dead *all of the Charter-hottse gardes,l67 tiro
of the desperate gang that infest that aeighltivise(i
and rubbed of his watch. The villeins, on the app"
of some persons, ran off, but Mr. Woodward p.
the one who had his watch, calling out "Map
and he was stopped by a man of the Ivan of rid,„.
he was (observed to throw sorriethiug over the gied„;
wall, mid the watrh was found there. The 14%
whose name is Joseph Hurst, was examined at 11,.:
ton-garden Wks yesterday, and eoutailtted to Norm
for trial.

RIRTII.
Oit Smoky Int, at Whlle-hone,
Clifton, of r sun.

MAIM/ED.
Oa Monday lost, the Rem. J.
eliter daughter ofJosepit Newell,
Yesterday evening. by bpeetal
Samuel Farmer, Eaq., Mortimer-street.
Esq. in Madame Ile Segoad
daughter of bill F.seelleney the Couut

MED.

Oa Monday last. In Iledford-square,
her ape, •f+cr a long and painful illness
with singular p•ti•uer and seofreatioa.
wife of Joseph Butterworth. Esq. )I.P.
death. but exemplified. in use prospect
had dune in her prettons Me, ft..'
steadfast asaaraiste of Divine
adorn the Chdatian (-ham ter.

Ou the 7th of Ma) last. near
homeward passage from Script!.
Mith 3 ter. midshipman in the 114
Careatic (teptain Blanc-hank an,
Smith, formerly of the City of Durham. _
ing over the taffinil he fell ()seaward, and _
the most prompt and active exertions to save h".l !ice, he 1y
unfortunately drowned.
Vesterda3, ogee mcmhs. Caroline. youngest degh
ter of Mr. E. Ls ford. of lliootusbur)-squat:.
On the Slit instant. Framis Drurimiond. of Rim*
street. Cheises.Captlie in the late liteh Regiment of Irest,ii
the 7.1,d year rd his age—representative of the ancient wins
spetitnbie familv of the lirt•rusnonds, of Dandies-aim ill
tbu coon's of gdinburgh. lie has irft threesome/el three
daughters to !sweat his loss. His eldest sou is saw
tenant-Colonel hi the Sct Regiment of Foot Gowns.
On the Bth inst., at his house, at Brighton,afaingsegssie
on the lungs, George Knox% les. Esq. aged 47.
On Saturday last, after a severe Slues*, Mr. Z. ilaillsaa
of Wendox cr. aged 07 3 ears.
- - - -
What slight neglects,
• hardiest le-

eine, Polley, Mrs. J
lED.
Neville White. to Chad..
. Esq.. of Nonriel.
I.leense, at the howng
ler-street. Georp t
Segos(' De Seders% nit •
Count de Vaablaite.
).
;quire. I■ the 80th ye.
I illness, whkh ahs gm*
'nation, Mrs. Buttes*,
q. M.P. She lead is feed
.oepeet of dissolution, wit
thud eiltetteas. prim tw
eldek aqvert
Lt. the Western hies, ea h;,
I. M►. Edwin Smith, is Is.
knonrehle Company's
■nd fourth •on of Willie
urhant. Eq.: 'Nile rear•
board, ■nd iv :Clocking
inee In emu,.