Vice-Chancellor's Court, ...
The Times, 1824-01-20T00:00:00

-Mr. WArEFIELD moved, that the defendant in this case shoud iaU,4 committed to the prison of the Ficet, for a contempt of court uwn the service of its srulp . Upon a former occasion, 31r. 'Wakefied said, I objeeted to ir. Parker's being heard on the other side, and how far I was 'ight iD thRt objection, it is fon your Honoar to determine. To mymind, it a.ppeared, that no party could he heard in a cause, without (asan indispenhable prcliminary) he entered an appearance. Upon making all the inquiries that I could, I have notbeen able to diseovern instance ikwhich . party has been heard witbout making his appearance. The VICE-CHANCELXOE;-As to the general rule, piu are quit? right; but the Court has relaxed. that rule, by emittihn notice ol motion for aaninjunption ; and under thisapric e, soEed, can theplaintiffinsist that thedeftndint is bound toenter an ap ace? AIr. lVAKEFZEL.-As your.Honour seenis tothmk tfihan ap- pearanoe is unnecessary, I shall proweed to state thertfittanc upon which my present appication i% fouRded. I move t co mittal of the defendant to the Fleet, upon two affidavits. 'hf the affidavit of Air. Robins; clerk tb the solicitor in the caue h second, the affadavit of Robert Harls, a grocer, resident at y. The deponent Hanris stated thatheascomnpanied Mr. Rob at tlioe defendant's house, for the -purpose of servine upon him a subp. Hc states that the r'eaed the deftndant's house near Benlqate half.past l0 o'cloc iri thac tving, and I beg to call your Honod?i attention to this tatrnent, for it is one of thefew, theveyfew$e gtions in these affidavits densied on the part of the deenntth knockled at the doer, ansd defendant came tEen. and inquire&" Who s there?" To which Mr. Robins replied "ir. Robins." Tothc rely defendant said, " Y ou'vegot a ahancery subpoua for met. This is the 28th of October, neither I nor any f my servantshalt open the door, and I've gota loaded guni aiiiwill blow your brains out unless you ret" Deponent head his wife, as he believed, endeavouring in vain.to assuae *he fity of the defendant; and, apprehenirivelest be might cary his thts ito execution he and Robins secreted themseves behind a door at the side of tbe howe. While in that situation,Robins discovered a broken vlndow over the door.through which he ordered this deponent to thrust the aubpena, and Robins immediately cried out, " The subpffna i3 in the pi. sage," which- information was, as deponent. believed, distinctly heard b tre defendant. Elr. ebi2ss affieA,it onrned this statement. IMir. WAKeFIELD then adverted to the affidavit of Mr. Inobey, wbich he observed ntood alone, -and unconfirmed dther by hi vife or servants r. PABED, For the defendant, said, it it unoorroborated, be. cause you relie with such unpiraUleld positiveness upn the utter impossibility of mF being heahi, thstit ws useless toprodueeafipda.u nits: but th.e Court hatndiferd ftom vou. l can readily prodriee confirmatien of the trutlh cf-the drfcndant'h affidavit. Air. W.AxrELfDl.Y r Honour will find that ir . Hobey'sl -affidavit it is erly stcted tbat ho n iVcd Air. Robns nod Mrr.- Hsltlsster thieves, and that it w not bap4t 10 bit hf. patYi o'clok Ihen the riead isshouae The VICE.UIrANCELLO]t-Oi Lbal-illo* this ao to ttaid over -untilYfitbatfid vXitsare Elea. WShat is yourzotlon, r4~Wa1 field to rnitfeouempt i 'rMth WA "n tYep,myLt d -The VrU .xCLoz.-Thatrw>Tst,maa ,aoiarptiu >be:; abage which lie applied tviis Curt. Wisth respeet- to :the r-, .sistance qfits prQpee, lip wp ot bqwd toopen hi oo A. a-;r ZZa to towi aoautt Qab p, art as!welt Sln ICE2AnD PITILLI} 8A2WD aTJrRS .V...A1URmBUa2r,-l et-' KX-1:1 AND ?.aRSIULr, AND OTlU:RS. ; ilIr. .E~junT-r oved foi an, iOjUnctiol td` restrajin tlbe~&-. ~aflndQtAiruseelllogor disposing.of a certatii) ublicadton, Pntntle4 s~TOI:^erx?tgo9oftlhc Re5, of George the Third anid Rourth," by ~iIrPE~ne~wo~said, that in the year 1820, Sir Dlehard Phil.' "PSCOIflPilteda ork,swhich he called a geneial chronology, intl in I eah Succeeding rear he increased that work; aind tlhat in the month ff? December, 1823, a *pork wns published, pirated fron the plaitl. rSpubkcation, purporting to be written by Jamnes Fordyce, which waee s Aee epyrofhe plaintiff's, and?only diffefing fo a it by rue,.e cloirrable alerto. '150 VIcisE.pCnlA2rCRxto7~Lof 4s there any gentleman instructed ;1r. PEMaaaTON._I unIderstand not. ?hd eVICE.CIANcELLoR asked for the two bookls, and tleyv were idd 1 n up to his Honour. SeverAl pa.ssges were referred to by the wvhich hisonour considered me.e copics of the srk, nr. the publication having been proved, the injuncz V1(flrlTA_{.WP^T.T.AWI't h'nTTT ltarnJ TA .Av 1Q I I , -- - --,- -HE z-1Ntw -V. HOfEY