The Statesman.
London, England, 1812-03-11 00:00:00

LAW INTELLIGENCE.
COURT OF CllllaTtY, Miaca 10.
110 DEN AND ANOTHER, ASSIGNEES, V. MURRAY, AND
OTHERS.
This was an application by Sir SAMUEL ROMIELY,
on the part of the Plaiutiffs, to compel the Defendant,
Mr. George Murray, a Solicitor of the Court, to
enter an appearance for himself, and to file common
bail for the other two Defendants, so as to enable
the Plaintiff to go to trial at law, and for the costs of
this application.
The Defendant, Mr. Charles William Murray (a
resident in the United States of America, and
brother to George Murray), had, through .the me-
dium of his Agents in London, Messrs. Bogglehole
and Redgrave, purchased an American ship, called
the Ocean, but this vessel being registered in the
port of London, in the name of Bagglehole and Red-
grave, and they soon after becoming bankrupts, a
question arose, whether the property in the Ocean
became vested in the Assignees of Bagglehole and
Redgrave (the present Plaintiffs), or remained in
Charles. William Murray, as the original purchaser.
In the mean time, the vessel was freighted for-Ame.
rica, and application was made to this Court fot itt
injunction, to prevent the ship sailing until severity
was given by the Plaintiffs to the amount of her
value, pending the trial of the cause, upon which i
the Lord Chancellor made an order for the proper
parties to go before the Master,, and give such secu-
rity, the Defendants undertaking, to enter appear.
ances &c. immediately, in order.to 'peed the Plain-
tiff in the trial of the question at law. The security
was accordingly given, and approved st< by the
Master, and the vessel proceeded upon her voyage
!
to America, under the care and direction of the ,a
tain, Mr. Marshall, the other Defendant.
The grounds of the present application was, that
the Defendant had neglected to *peed the cause, pur.
suant to the Order of the Court, and made captious
and frivolous objections in order to delay the trial,
notwithstandiug his undertaking, mid the scrdce of
the usual process in due time to have the cause tried '
at the last Sittings so;uildhall.
Mr. RICHARDS, 71fr.11Anic, and Mr. Coosa, for
the Defendants, contended, that *delay wagon the
part of the Plaintiffs, who, if they had used usual and.
ordinary diligence, might have tried the cause long
since; but they had delayed serving the necessary
process until the return had expired, and even then
the Plaintiffs' Solicitor had merely enclosed a copy
of a Latitat to Mr. George Murray, without the ori-
ginal, and which copy essentially differed from the
original writ, and consequently the D..feqdant was
not bound to take notice of it ; that Mr. Marshall,
the Captain, one other of the Defendants, remained
in England for three months after his Lordship's or-
der, and the Plaintiffs had taken no pains whatever
to serve him with process to compel his appearance ;
and that both he and the other Defendant Mr. G •

Murray, were disinterested parties, and only made
Defendants in order to deprive Mr. Charles William
Murray of the benefit of their testimony. Under
these circumstances, they hoped his Lordship would
refuse, the application, but at least that there was no
grounds for the Defendants paying the costs of it.
Sir SAMUEL Romtu.v, in reply, observed, that if
there was any delay en the part of his Clients, it
arose out of the contest upon Baggiehole and Red-
grave's bankruptcy, which was still disputed by
them, and not out of pny act of negligence of their
own ; that Charles William Murray being an Ame-
sicau subject, they could not compel his appearance
Man outlawry ; that they had cutleavoured to serve
arshall with process, td compel his appearance, for
which purpose a writ was sent down to Portsmouth, i
where it was understood he was, but could not be ,
found; that as to the captious and frivolous objec-
tioes of the other Defendant, it was evident they
were calculated solely for delay, as it was not ne-
cessary, iu a case like this, sanctioned by his Lord-'
ship's order, to stand upon the strict and technical
service of a process. - •
• Mr. GEORGE MURRAY then addressed his Lord- ,
ship at some length, urging the hardship of this case •
as against himself, who was no more interested in
the cause than any other individual, except as the '
agent for his brother • that the other Defendant, Mr.
Marshall, was equally uninterested as himself, ex-
cept so far as he had the command of the vessol.—
lk then urged the informality of the copy of the writ
sent to him, the original of which he had never seen I
until this day, and which most essentially differed
from the copy. Ile had also received it after the re-
tarn had expired, and therfore it was perfectly nuga-
tory in itself, and on the very day the last Sittings
commenced at Guildhall, he received a letter from !
the Plaintiffs' Solicitor (Mr. Rogers), requiring him
to go to trial at those Sittings, which, under all these
circumstances, was wholly impossible. Upon these
grounds, he hoped his Lordship would see no reason
for entertaining the present applioatiop. 4

bath tides to be handed to him, and when he bad read
and amaidered them carefully, he s►outd pronounce
his judgment.

Mr. KENNY has sold the copyright of his excellent
Farce, Turn Out ! for SO guineas..
The new Farce, Turn Out was repeated last
night at the Lyceum Theatre : it went off with earn.
The house was crowded to excess with a brilliant
audience.
Mr. GRANT, of provincial celebrity, and who
lately performed the character etSir Pertinar Mac:
sycophant, iu The Aim of the Work!, at, Covent
Garden Theatre, with the moil flattering success, .44
we understand, engaged it the Little Theatre, in the,
Jlaymerket, for three years,. la 41 very liberal salary.
Mr. 11. JOHNSTON, we . anderstaa4, la gene to?
America—his theatricil scheme in Dublin haring'
proved unsuccessful.
Mrs. H. JOuNsToN, we understand, has been is
training for some time at her .houso iu . the New
roaa, to succeed Miss Sunni 43,44.1600 n of tha.
Sun.
Upwards of sixty persons were- convicted at the)
late Cavan Assizes of the offence of using nnliceaset
stills. Three-fourths of the above number submitted.
One of them, on being ookediky.mr.,Barogt
LAND, if he bad any thing to offer in extennition of
his °Biwa, replied, " Yes, my' Lord-, am guilty,
to be sure ; but I don't' thinlelyour. Lordship will
punish me for making a Mlle drop ter the decent
burial of nay piker mother."

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