Court Of Chancery, Tuesda...
The Times, 1824-04-28T00:00:00

LAW REPORT. TtJ s was the first vt r '-'" zj. Lnts case was menti.oned, and fixed for Timursday next. IN THE MfATTER OF SIRt G. P. TURNER. IY Ir. TItESLOa-k applied to thie Court to aUow Alr. Davison-to at- ter'd Sir G. P. Tuirner, for the purpose of advising withl himi on the pri priet. of traversing the inquisitioni. Mlr. XH LLsar1ORE objected to Mlr. Davison having access to Sir 07 regory, hie having been aopointed by an Imtproper person, who hiad Iaken a con'spi'cuous part iii the formier proccedings. After siome discussion, the LORiD CHAN CELLORt observed, thiat lie had no authricra to wvithhiold the powver of traversing the inquisi- tion;, andl thierefore he oughit not to withhold the meani. Thie CouIrt howvcr, had no power to advatice any funtl out of the estate ni the fnal establishment of the lunacy gave it the liower to dea with, the fundIs, whlen it would use its discretion accordinig to circumstances., Mlr. Davison would, therefore,'have to considler that he might be at the svehole expense of the traverse, which w4as the moast ruinlous thiing in the world. But no time miust be lost, if the traverse were to be proceeded with; and as it would be impossible for Mr. IDa- vison to comei to a determination 'without hiavinig access to Sir G. P. Turmer, it was righit that he sliould have permiission for that pur- pose. GOILDON V. GORDONl. Mlr. IJEALID SaidI that he hiad, somne timeago, applied for an ordcr, directing thie payment of a suim of mioney into Couirt ; whichl appli- cation was mect by Mr. Horte stating that a bill of review was about to he filedt. That hiad not since beeni (lone. I'lr. BIORNE soid that his client wa-s uncertain in wlhat shape the case should be brought b. fore the Court. New evidence had been discovered 01' the grecatest importance. The LORDn CHIAXCELLO It said, that a petition) fbr leave to file a bill of review must be presented to'thie Court, ttn b~nwVV dleuce, andl the reasonl whly it hiad not been,~ istatinrth neworet-Hi Lordship limited the period for preseti ng the petition to this day fortnight. AMr. GxOIeDOs,, the barrister, one of thte parties in the rause, saidl that th-.t m;.n (pointing to hiis brothier, titd otiher partv, whio was in court) had deprive'd hinti of every acre of groundi which he had re- ceivedI from the bounty of hiis father, iiod left hiim without a shiilling whichi he could cull hiis own. The learned getranplidsm strong termys to the conduoct of his9 brothier. -etennapidsm Tl'ie IJOitD CHANCELLOR rensinded him thlat he must conduct this case for himiself as lie would for a client; andI the Court could not permit himi to use such language on behalf of ans, client. Mlr. QOnDON, begged paidon, but a person, lie' saitd, c'ould not help feeling thiings. iX 1'A5TE sais it. Mr. HIART Faid, that thijs was an application to his Lordship to re- verse theiChancellor's ordlerfor striking AMr.Snmith's namie off the roll of attorneys. Whlatever might have been tlhegroand!s .on w%~hichl the Couirt of I(ine'si Benchi proceeded in strikinig his nr,ese ofte roll of thecir Court, his Lordshtip hadt( always considered thlis so importanit anti delicate a nrcssure, that lie had neve-r intrusted it outof hisownr hands:' Trle LouD CUIANCELL,OR said, he considered it a duity due to the buitors of the Court, as well as to thie solicitors themselves,a- ways to retaini to himtself the discretion of striking a slicitor'sI namne off the rolls. Undoubtedfly, the fact of the Court otf King's Benchl having resortedI tosucli anmeasure, was not an uinimnportant one. Air. llAITt considered it a miost mnaterial fact against his client. But it seemied as '1fthat Court had proceededl upon the principle that in a case of this k-ind there ought tor be no alternative between conii- plete excuilpationi and extremne rigour. Thie ricumnstances were these :-A n old womta; of the name of Bellis was arrested at Not- tinlghami, for a debt due by tier late husbandt, to whion, site wvas admi-ii nistratrtx, -%nd ha-d en ged tor pay all hiis debts, whichi considerably exceeded the asses hen she was in prison, she applied to mr Smith to procure bail for her, whiich I e dlid ; and she afterwards ren- diered in discharge of lier bail. Onec of tite bail was a man namedc( John WVakely, a lace-manufacturer, wvho, shortly after Mr. Smlithl'e coming to reside at Notitingham, empiloveil him4 to sue for two wagers which Wakely had' laid utron the Nottingham election, and also to defend himn in othier actions broughit against ii im~. Becomitiig reducei in j circuinstances, lie was em plydby Mlr. &nith oceasionally to dischargeg some minis- terial offices for hiin, wichil, im some r1esp2ectui, mMigt be said to be the dluties of a clerk ; but so far was hefronsbn, omeett become, a clerk, that lie was scarcely' able to write hiis namne, Be- twee-n 18111 and 1819, he occasionally went on miessages for Mr. Smith, at the sante titne carr yiing on his own business as anI 1tinerant lace-mniat: and when he remained at home he reguilarly attended the lace-miarket. Accordingly,W%akely was described in thesbailbhondas a lace-miainufactturer, and justified as such. Th'iselady, as before stated, rendlered in discharge of' her hail : soon afterwards 'Wakelv was in,- prisonied for debt, and Mr. Smith was as kinid tohliim as hie could; but not auing all lie expected, he constructed a batters' against him, and represented tiata his name hlad been forged to the affidavit in itus- tilicationi of bail. This3 he mentionied to somne of the otilier solicitors at Nottiriahani, and consequiently an applicationi was made by the attorney for ithe plaintiff,' in thie actions against Mrs. Bcruis, to dlie Couirt of' King's B3etich, that Mlr. Smith mighit he called upon to answer the matters in an affithavit, staring" thatlWakelyhiad tiortroit his name t6 the bail-bond, and was not a lace-mianuf'actuirer, but a clerk to Mlr. Smith. it was proved, hiowever, that it was hi slsgnature ; therefote that pare of the case was aban.;oned. They then clung to the alleLed inisdlescrip%tion. It was re-ferred to the Mlaster of' the Court f K"-ing's Bec coceport, wlhether or not Wakely was the clerk of .Smih Ts enMaster reoted that he was, and the Court immediately, without going further iiito the ease, ordered.' Mr. Smith's namie to be strucek off the rolls.Air. Hart theni argued fromn the affida%its, that Wrakely could not he 'considered, fromi occasion- al offices he dlischiarged for Air. Smith, as hiis clerk, and tlhathe was trulv described as a lace-mnanufacttrter. Under all time circumstances of thie ease, if ,Ir. Smnithi could be considered to have at all devi- ated fr-om the stricrest regularity of conctittt in this transaction, he contended that a repiad fron t de Court seould hiave been stiffi- dient ptsnishnient for hi,wtotdsroigalhsprespects in life and titose of his fatally at once. He understoot there were sonme other affidavits, swhicli bhe had not adverted to; but the fact of such a state oF desti'tiXon tsat he was inabi- t; rurnish bi-ns (Mr. Hart) svith copies of this;r'. Mr. TitEgSLOVifolloIWed on the sasme side, and read varniotis affidav-its to prove tha,t Wakely wast, at tire time stared, reall~r and bonta-jide a lace-stianufacturer ; and that it was imsoossiblc ne could he a clerk, for he was unable to write more titan hii namie. The Loan CHANCELLOR askedt if an application were made to dte Court of' King's B[e:zch, if the circurmstance were correctly stated, ditl counsef c imitr theyI would r-efuse to re-hear the case ? Mr. TRESLOVE, replied, that some unsuccessfull atte-mpt, cither by petitdon or ortherwise, had been made to ithe CePurt of' King'-s Bench to obtain a re-hearing. He did imot kjitow exacdyis' hat lied been the sa'aSpeuf the apolieatioti buit it had failed. Xlv. SMiEtit's character and prospects,rherefore.,were forfeited Upont hteMaster's re- port alone. He concluded by expressinga lhope dust his liordship woirld takce the distrosal of tse case into his owim hands. Mrr. Hoaslt,, on the other side, bear.anby starinx that there was lio ntore painfuil duty imiposed upon 'an aih.voc,itc than thjat of ar. raigrring the character of a professiontal nman. He was sorrv t-hat Mr. Hart had been instructed to insinuata that the comtPhaint against Mr. Sti-sith had originated in anyparry spirit on the part of' the professional gentlemanm at Nottinga.Thle gentlemnan who was concerned for Deverel in the action sgesnt Atlrs. Bellis. and whso made the spplication to ithe Uotirtf' King's Bench, was as respectable and lionioirable a man as anyv in the prufessirtif.and quite atbove all prersonal comlpetition With M)r. Smlith.- lie de'niedds the order of rthe Court of Kinag's Bench pasqsed sub sileatio. Tuie case was referred to the Master at the instance of Mr. Smith bins- self. The learned icounsclthentetd theMauster's rel,ort, and anur-.-. her of affidavits,,,Olson ylmifi h le commuented at conisidlerable lenrgil. to provetliat P11ri. mirih had been guilty of the nis conduetritmputedl to hint, So far froin ahandoningthtta part oftdie charge, (as state:d byM.1r Hlart) which ref'erredi to W1akely-'s naitac beingaihixe;! to the bail-moond in,hiisabsence.he readtwt%o affidavi%itsiinsuipportirrfit,oncsv,rorn by'tUake- ly. and the oilherbv the pemeont continsrisiorred to take affidavits; in wivh-osc pretsence W%Vkcl;' was- stated to hiave sig-ned hiis nantie, bothi denying that lie haid ev'er done soi; hot tire latter liad sworn a sub~e.. qtient affidav-t coirtradhictory of thre forme ne. This mnan the (outte of Kingz's Beticeh had deprived of' hi- conts::ission tso take :tffidavi.:s. in onec of the affidavits 'It r. Snoithl starcid, that ` 1Wa~kciy hadt been guiilty of every offenice in the blrick catalogue of hUlr.an crimes;-n anti then proceetled to niu-nierate thec allegeri offences, beginniiig with theft, robbery, stabbing, sedition, &c. Mr. Hforite' conri- riised eto argue airainst the apiplication until f6ur o'clock, when Tire LOaD C1JA.NCELl.0.it crose, sayirg, that lie would go onl withi this case on Thursday next. His liortiship observedl, tttat heI did not yet know what effect L-ord Gifl'ord's applointmnent as Ma-ster of.the Rolls wetild have ripon ithe arrangenmenti for hearing appeals in the it ouse of L-ordIs, . '.VOTTRIP nt? fyfft-,-, - BvEEnt V. lvAnn