The Statesman.
London, England, 1822-11-25 00:00:00

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Icl3-ciIANCELLOWS

T, ,INtty.,

BLANCHARD r. THE EAST INDIA comearey..,
Mr, Hoaxs begged to call the attention of *Cart
to this case, the circumstances of which becammmore
extesortlinary every hour. In contwqnence of what
t passed yesterday, Mr. Blanchard immediately proceeded
Bah the concurrence of the East India Cordpany, to
contract with the Captain of the Melpomene for the
passage of the Lascars to India. It was stated on affi-
davit, that whilst Mr. ills chard wee on board the yes-
eel, Mr. Baxter came the... Mend making use of violent
imprecation* and language:dared him to send the Las-
cars.awar. He also told the Lascars that Mr. Blanchard
ntenelef to sell them as slaves, and • actually desired
hem to resist if it were attempted to send them en
. hoard. The consequence was, that the men were io •
state of mutiny. It was impossible to account for lbw
sondoct of Mr. Baxter, unless by supposing that's* was
.1 •
sane.
Mr. Beet. on the part of the East India. Ciarksy.
Mated that his clients were exttemely desire* that the
Luca?" should be !etnrned to India, because. as his
Honour might have perceived by the newspaper',
mi.:), who were very ignorant, were easily excited 01111,
and committed the most dreadful excesses.
The Vice-CuaNcet.ton.--Have the men refused to go
on hoard ?
• 3lr. Hotem—Yes, Sir ; and as they only form a part
of a body of POO under the care of the East india Lam-
pane, a general mutiny is apprehended.
The Vlcet-Cni N7ALLOR.—WIIII CAD I do?
'lr. Hoares.—: feel it difficult to suggest any course.
If Mr. Baxter's counsel bad been here, the Court might
perhaps have heard some explanation of that gentle-
man's conduct.
The VICE•CDANCILLOR.—If it be true that Mr. Bax-
ter is acting in the manner described, he is exposing
himself to a very different jurisdiction from that exer-
(-teed by this Court. You must have recourse to a
erlinival Court.
• Mr. HORNE.—The East India Company are empow-
eted by act of Parliament to take care of these men ; but
they donSt whether they are authorised to oppose force
to r9rCP if it should become necessary.
The VICE-CHANCELLOR.—I cannot restrain Mr. Bax-
ter from comultting a crime. You must seek your re-
medy at law.
IN TUE MATTER Of HOWARD AND OHM.
Mr. Mess said that the Court would remember that
no a former occasion, it had directed that hlf. Orimstead
shotthi bridg an action at law against the assignees, to
veoveSkis debt of 32,8251.—N0w it happened that ac-
cording to the form of this action, the only material
quest Job between,the parties, Denude, whether the debt
was foundld on—usurv, could not he decided. Under
iu theteelressuneee the assignees prayed that the Court
'would- weal its former order directing the trial of the ac-
timWand.islirect an issue to try the qu‘ation of usury.
lie .oppreltended that this would not be objected to on
the park of Hr. Grip:mead.
•..
Mr; lumore and Mr. WILDS followed on tie sante
side. . • -
AlroHastveras instructed by Mr. Orimsfeed to oppose
the .present application. When the cause was argued
before tho. Court, his Honour, after the klieg consider-
Mimi of Min subject, had issued the order which he was,
called.upon so over-rule, merely because the assignees
thought it would be convenient to them' The only re-
sat of ttyine an fettle would be trouble and delay ; for
if thelaryehonki determloe that the debt was usurious,
would then be nt, • yto prove Its validity by en
actioir.• -le•bowever, the Court should grant the ma.
tion;.he hoped it would order the assignees to.pay Mr.
Oriittlitvairs.costs. That gentleman hod incurred every
expellee necessary for the trial of the action, up to
the vet*. darwhen the parties should have gone into'
Court -
The Vice CHANCELLOR said lie perfectly recollected
all the circumstance' of the case, and be was fully satis-
tied. that-It lets the intention of the Court to have the
question of usury decided by a Court of Law.. It now
appears(' that according to the form of action, this
q intionamuld sot be mooted: The, Court would dot
permit-Mr: Grinstead to take advantage of 4 mare 10:1
advertence on its part. He would therefore direct an
is.ue ro triedin the following form :—.-"lYhether the
I•iehrupts-were, at the period of the issuing of the-coip-
tmlisieu; indebted to Mr. firinistead in the amount Of the ,
partim_ilsr sum ilium/06th liberty. to the „Judge, it tile
Jurf Ib4uttifin4 they were not, to !odors, an the mire,
whether they were indebted to.tim for.auy ober sum ?"
the tiould hare the question. of eusts argued after the
lasuestioald be tried.

• .
7 punt OF KING'S•IIENCH, Nov. 23.
CRIMINAL INFORMATION.

Mr. Stasometw Reeved fiticesil• to show omit why a
crisoltffirriardfniatfoll "bold not be filed against two
geglembn, named J. Hardres and W. R. Mott, for a
cetifinipt Of ilia' atitherity of Sir David Scott, Mr. Bate,
.rd Mr. Phipps, Magistrates of tbe town of Brighton,
melicithe following circumstances, stated by the Learned
C.isnsel (rein the affidavits:—Some years since, an Act
of Perlieutent passed for the purpose of paving, • light.
irg.'cleansing, and removicg nuisances io the town of
Brighton, and under the authority of the Act certain
Commissioners were appointed for carrying the 'pruvi.,
sars of the same into eft ct. Informations had been
laid:under this Statute, before the three magistrates on
%%Lose behalf the application was male, calling upon
ta7ri to impose penalties upon persons guilty of noi-
smccesin the town; namely, throwing night soil and other
hatti over the cliffs upon the beach. The Magistrates.
upon the best consideration they could give the statute,•
thonglit they had no jurisdiction to entertain the infer.
*Woos, and therefdrerefused to hear them. This de-
termination it seemed gave great offence to thr Commis-
sluners. sunlit' of whom, by libellous publications,
ought proper to endeavour to bring the magistrates
into contempt —a proceeding•very ill calculated to pee-
s•rve the tranquillity of the town. A person. employed
by one of the. Qoonnissioners, caused a notice to be pub.
.i.shed by the town-crier, stating that a special meeting
a the iithabitants.woulti be held at the Old Ship Toe
vern, for the porrse of taking into comilleration the
rundact of cermin7magist ratee, in refusing to entertain
intrWmatioas under-14m statute above-mentioned : andio
consider also the best means of obtaining just ad-
ministration of the law( In pursuance of this notice, a
meeting accordingly took place, consisting of about
25 persons, when several resolutions .were passed and
published in the newspapers to the following effect :-
Ist. That no application Should in future he wade to Mr.
Bates or Mr. Phipps to entertain informations or hear
,complainte, and that the bendles in the employment of
INtieuinmimaagiers be called in, ant or.iered not to alt
rimier .the jurisdiction of the said magistrate* 261.
That Mr. the keeper of the tavern where the lieneial
ref Jostler, nasally sit, • be Jain...teal to send in his ,
arrotint for his room op to the 29th of October ; and
tbst the (leek of the Commissioners do give his
information, that after that day. the„Commimioners will
not pay far the room occupied by ihellagistrates. 3d. ,
That a deputation of four ur fire Coottutssiceners .lo wait
tapoi the Earl of Egremont, Lord Lieutenant ut the
county, anal repromnt to hint the state of the town, and
request his Lordship to pot a number of gentlemen into the
nom nisei:an of the peace ; and- that a list of respectable
tinhaliimnts.of the town, eligible for the Ace of Magis-
trate, be sent to his lordship, to chum lit and proper per-
son* to act at magistrates for Brighton. These resolu-
-
C.ons were ',abashed in the newspaper, and were-calcu.
lath to bring the Magistrates into great contempt.—
It was stated in one ta. the alfilavits, that Sir amid

wishing for the assistance, of somevitiliiiiadln
pf the townlappointed Cousmissimeers) to quell
la breech of Abe pease,•the whew* et the hodiles
ieftised bit thelC•manimioners. It use swans that in *m-
aws' to r David's message epee this subject.hlr. Mutt
sent his compliments to Sir Davie% saying, that Done of
the people employed by the Cominisaioners should act
under or obey the Magistrates. The affidavits slated,
that these proceedings an the pert of chef:moieties/era
were adopted on purpose to insult the Magistrates, and
not really Ito redress any in)nity of which they had a
right to complain. The Magistrates had acted under a
conscientious conviction, that owing to the strange man-
ner in which the Act of Parliament was worded, they
had so juristlictiou to abate the nuisances complained of.
Had. the Commissiosers applied to this Court for a Men.
damns to the Magistrates, and had shown that they had
authority uoderthe act to abate the nuisances in ques-
tion, they would have readily obeyeelthis command ; but
as the conduct of the Commissioners was very different,
and as they had thought proper to resort to these ogee.
site measerea, the Magistrates felt it to be their duty to
apply to this Court for protection against the contemp-
tuous manner in which they bad been treated. The re-
solution* above-mentioned bad been signed by above
twenty-five persons, but the Magistrates were ceatent to
conSne this application to the Chairman, Mr. Hardily;
and Mr. Mott, the Secretary.
The Couiv,under the circumstances stated, granted a
rule to 'hew cause against these two Gentlemen.
Bale nisi granted.
SEDUCTION.

Dian O. SIREN.
This was an action for seductionjtried at the last spring
assizes, on the western circuit, before Mr. Justice Hot.-
ROTD, in which the plaintiff, recovered 7.0 f. damages.
la last Trinity Term Mr. C. F. Whams obtained a rule
to shew cause wb a new trial shoald sot be granted, no
the ground that t • story of the daughter of the plain-
tiff must have been untrue; inasmuch as she deposed
that her -intercourse with the defendant took piece in
the latter end of November or the middle of December.l
whereas her child was not born till the Nth of October
following. There were also other circumstances calcu-
lated to throw an air of improbability over her nee-
retire.
Mr. Sergeant Feu. now appeared to thew canes
against the rule (or • new trial; but stated that be was
ready to consent to a sew trial on paytneat of coats.
Mr. C. F. Wicetaus declined to accede to Ws pro-
posal in the absence of his client, especially as the evi-
dence on which. the verdict rested was not only impro-
bable, but impossible in the course of nature.
Mr. Justice HOLSOTD read his report of the trial.
Mr. Sergeant Pate. argued against the role, en the
ground that the witness had probably bees mistaken in
the dates, which was highly probable in the distressing
situation in which she stood. Sbe had,beth cross-exa-
mined at great length, and her attention had never been
drawn to the comparative dates, or the would, probable,
have corrected herself, or given a satisfactory ezplaaa-
lion of the circumstances.
The COURT having required farther explanation ofj
the statement of the witness respecting dates, Were in-
formed that she first said the end of November, sad
afterwards the middle of December.
Mr. Sergeant Fem. again urged the delicate mad em-
b ing situation in which Miss Wow stood, as a
reason why some confusion might arise respecting dates.
It was also remarkable, that if this confusion were so
important as to furnish ground for a new trial, it shoald
not have been dwelt on by Mr. Williams in his addrese
to this jury.
Mr. Justice BATLEY observed, that even the dates, if
persisted in, would not be conclusive; as Dr. Hunter
had said that he knew of births after nine menthe and
fourteen days' gestation, and even, be belie** st else
etpiration of ten moothe.
The LORD Caner Jcsvtce asked how Mr. 'Williams
eould explain his omission to dwell on this alleged im-
possibility at the trial?
Mr. C. F. Wlt.cresis replied, that hotbed noted it on
a piece of paper which had been accideelally removed,
sat so had unfortuoatelg omitted to satiate jibe his
address to the Joey. get be reeollected it rittiewomeste ,
after the verdict was gives, and immediately mentioned
it to the learned Judge.
The LORD CHM Jeattez oleseived, that the defend-
, dant was in this dilemma.—either the circumstance was
mentioned, or it was omitted: if tueutiosed, the Jnry
took it into their Consideration berme they gave the
verdict: if omitted,, it was reasonable that the party
who now sought NI, a new trial on the ground of that
omission, shdold pay the costs.
Mr. C. F. WILLIAMS consented to take the rule on
payment of cost., and on these terms it was made
absolute.
The COURT, after hearing motions of course, rose.

..-...g....--

COURT OF COMNION PLEAS,—,SATuaa►r.

• • ♦ TAILOR SO GENTLEI►N.
During the justification of bail in the morning, a success-
ful opposition was made is Mutat. to the description of a
party in a bail bond. lie was designated as ' a gentlemoo"
ie the notice, but it appeared that he carried onthe business
of a tailor.

Lord Chief Justice' DALLAS remarked, that tailors were
sometimes army-clothiers, embarked in extensive baldness:
and often, hi ordinary phraseology, called •' gentlemen."
'ltsei law, however, held precise description to be hurls-
reusable.