28 APRIL 1832, Page 5

Lath anti Sittdticr.

CHANCERY.—The Court of Chancery is again overpowered with mo- tions. Sir Edward Sugden has proposed to put only such motions in the list as are sure to be heard on each day, and to debar attornies from charging a fee for attendance in Court unless for the cases so set down. The proposal is fair—we wonder that Sir Edward, during a long

Chancery life, never thought of it before.

THE RICHMOND LraF.L.—On Thursday, the rules obtained against the Court Journal, the Morning Post, the John Bull, and the Observer, were made absolute. An affidavit was put in on time part of the Morn- ing Post, setting forth that the publication complained of had been copied from the Observer. Mr. Pollock also stated, that the instant the error was discovered, a retractation of it was inserted, which was repeated after the rule was applied for. The Attorney-General ob- served, that the retractation, by saying " that the noble couple lived in the same degree of harmony in which they had previously been," lift behind a sting which required to be extracted, and made an impression which nothing short of a prosecution could efface. An affidavit similar to that of the Post was tendered for the John Bull, which copied the paragraph from the Court Journal. No appearance was made for the Observer. The Court Journal denied that there had been any malicious intention in inserting the libel. Sir James Scarlett observed, " It was well known, that there was a kind of competition among newspapers to feed the public appetite with slander, and that the exclusion of such matter would impede the circulation of a journal." This is playing.

Sergeant Eitherside very prettily!

WINCHESTER AND BRIGGS v. GRANT.— Alderman Winchester, and an attorney named Briggs, applied to the King's Bench on Wednesday for a criminal information against Mr. Grant, proprietor of the True Sun, for a series of alleged libels which had appeared in that paper, and in a pamphlet published by Mr. Grant. The publications com- plained of were the following- " 'We request the earnest attention of our readers to the report of the meeting at Ba- singhall Street, on Saturday, at which it was Mr. Alderman Winchester's rte to make so unenviable a figure. The subjects discussed on the occasion are, of course, deeply interesting to us, but they are also full of matter of reflection to all who take an in- terest in reforming the abuses of our present system of law—to all who would connect responsibility with trust, whether the trust has reference to lawmaking or to the ad- Ministration of law. We have repeatedly stated to the ',oldie, that Mr. Alderman Win- chester has, in the exercise aids functions as assignee of the Star newspaper, been guilty of fraud and thlsehrxxl. At a meeting of creditors, called by himself, Mr. Alder- man Winchester, it will be seen, stated in reply to the indignant censures of his con- stituents—censures which supplied strong confirmation of our charges—that he felt himself under no obligation to supply them with any explanation of his cuuduct, and that he looked upon their censures 'with utter contempt. " " The body of creditors, whose interests Mr. Winchester has so grossly betrayed, re- fused, in consequence, to recognize him as assignee, to sanction his acts,—to permit him, in short, to take any further steps under the commission which 1:e himself sued out. In other words, the body whom Mr. Winchester has hitherto represeuted, have declared him unworthy of trust."

" Among the many remarkable incidents which signalized this meeting, one is par- ticularly worthy of notice. In order to defraud his constituents, and enable Murdo Young to secure the Sun on iris own terms, Mr. Winchester and his solicitor some time ago alleged that Young had bought that paper. The allegation was a fidsehood. Winchester and his solicitor afterwards admitted it to be a falsehood. Upon that false- hood, however, Murdo Young has traded in Chancery for twelve months."

"Yet even Murdo Young, as appeared at the meeting on Saturday, has abandoned his plea of having bought the Sun, and has by doing so joined all the rest of the world in giving the lie to his accomplices—Winchester and Briggs. We cannot venture, at a moment like the present, when political matters of such infinite importance engross public attention, to enlarge further upon this subject. We trust, however, that it will not be denied that the public is most deeply interested in the investigation of a case so atrocious as this of Mr. Alderman Winchester. As to Mr. Briggs, we decline saying any thing more at present. We understand that a motion will be made in a few days, at the instauCe of some of the creditors, to have him struck off the rolls. An applica- tion for Mr. Winchester's removal from the assigneeship is also about to in made. When the result of that application shall be known, it will remain for the Honourable Court of Aldermen to pronounce an opinion on the conduct of this aspirant to the Mayoralty. We trust, however, that they will, without waiting for further evidence than was supplied at the meeting of Saturday, vindicate the character of civic digni- taries, and show their respect for public decency, by expelling Mr. Winchester from their body."

"'The whole scheme of the commission which Mr. Winchester sued out against Mr. Grant was a swindle ; and the same spirit which led to the suing out of the commis- sion marred Mr. Grant's attempts to repurcbase his property. Mr. Grant twice offered to his creditors double the amount of his proved debts ; and though his offers were re- jected, still, by an incredible expenditure of toil, and by encountering unheard ofhti- mthations, he finally baffled all the fraudulent devices to which the I.ord Mayor, that is to be, had recourse. Mr. Winchester's constituents soon discovered their mistake in having supposed him trustworthy ; but they hesitated to act with the firmness which the occasion required. They were, moreover, involved in law; and to the law Mr. Grant also might have appealed had it been allowed him to do so. The law, however, afforded him no right of redress. He had, in short, no resource but in public opinion. To the public, accordingly, he has addressed himself, and by the aid of the public he is rapidly recovering hisproperty. Who shall say, that by doing so he gives to any one Jost cause of complaint? Ile long ago pointed out to his creditors a fund from which his debts might be paid ; and if it was their pleasure to permit a trio of swindlers to stand between them and their property, the fault certainly was not his. If they chose to allow Mr. Winchester and Mr. 'Briggs to client them out of their interest in the Sun, Mr. Grant, surely, was not, in consequence, bound to forego his interest in that pro- perty,"

These were in the True Sun : the following is from the pamphlet complained of-

" Mr. Briggs was by no means prepared for the fencontre with my friends. lie an- grily demanded of the solicitor who attended for Messrs. Lomax and bell, the intending purchasers, what he minded there? On being told that gentleman's business, Mr. Briggs declared thatthe property was sold to Young. This was a deliberate falsehood —a falsehood which the assignees have contradicted on oath. As Mr. Briggs's saute- moat did ant satisfy my friends, Mr.Winchester, who entered a few minutes .ilterwards. deliberately repeated the falsehood which Mr. Briggs had uttered. Mr. Winehe.der has since contradicted, on oath, his own statement."

In reply to these allegations, the affidavits of the prosecutors, in ad- dition to a general denial of their accuracy, went into a history of the transactions connected with Mr. Grant's bankruptcy and the attempted sale of his estate. Their version run thus—

r. Grant's property consisted of three fon: ths of the Sun, and some settlement he

had his The dents amounted to 5,ttilel. Mr. Winchester lt as the principal creditor ; lie and :t Mr. 'Fltorlitcm were appointed assignees. Soon ml Bc t. the bankruptcy, means were taken to brim: the nankrapi s effect Ina le ; and Mr. lfmtrdn 0 Imo holds one fourth of the Sot, each tut Mier of 7,5I. the whole of the bankrupt's interest. 'lc hankrule mm a desire ,s that some friend slwaid pur- chase it ; atid a person of t he name of West ley came fory ard, n,td po‘po.:ed to give 9,0a(11. Mr. Wes!ley, ho.mu;,r, did tint complete the patch: s,'. The :issic.imes were (Hs- l'om1 to ,10,e with Young ror the stun of ; When the haul:nip:- put forwaol two gentlemen, of the name; of Pell and lamiax, w he oliered to give In NW. The as- Signe,: VIC the bidding in competition, and that ended hi Young raising hie offer to 9,00(1/. :Zit one at that time (Alining a larger sun', it disposition was entertained to treat with him ; btti then came forward again Mc:srs. It...11 and Lomax, and offered I !,090/. The us:Istmt.:: thought it their duty to accept ;lett stint ; and Mr. III iggs being ubligedtugointo Yorkshire, len directions to prepare Olt. contract y Bell and la- max ; and. Mr. Young, finding that other persons were brought into eompet it i,■11 it him bill!, put forward a claim which he had by his contract of pat titership, tonigh; ir preemp- tion, mint filed a bill against the :tssignees to enjoin them from selling h,. ;1roverty to any hotly else. When Mr. Briggs returned from Yot kshire, Ito found the. rum tract wait Bell :nal Lomax prepared, but he also fottml the bill in Chancery vueling under these circumstances, he could not advise the assignees to complete the et. lama wi!It Bell and Loniax, and it was therefore postponed. A Mr- Hickman then proposed to he a pur- chaser 13,O1.!0/. ; but he would met purchase, except on an indemnity against all eon- sequences, one of which was tile bill in Chancery ; and :mother stipulation W:"..% that Young ,hould be cornpell 141 (ildiV(r up possession of the premises., hick the assignees had nt• authority to insist upon. The assignees filed a cross-hill iu Chancery against Young, which was also sr in pending; and the consequence was, that it was intre-silk to elfeet atty sale at all. Mr. Winchester :trul Jlr. Briggs stated that they .0 incie- quaitded with Mr. Young. Mr. Briggs never $0.11' or heard of hint until !his trans:teflon. They had Ito connexion with hint whatever; Ile wit; no relation of calme pa hey had no interest to serve him in particular ; and there was no truth whatever in the im- putation epee them, that fir the purpose of favoaring Young they had tin:melted wil h his partner, and hail sacrificed the property, and endeavoured -to ruin Mr. Grant.

Sir James Scarlett, who made the application, said the libels had been published in the form of songs also ; but lie did not favour the Court with any of the rhyrnieg specimens. A rule to show cause was

granted.

LICENCE OF THE BAR.—Ant action was tried in the Bail Court (West- minster), on Wednesday-, in which a doctrine \vas laid down by the pre- siding Judge, which, we doubt not, is very sound lace, but which has not hitherto been often acted oil in the published reports ()flaw proceedings. It appears that in 1828, 3Ir. Griffiths, proprietor of the Cheltenham Chrvniele, brought an action against Mr. Gardner and Air. Bellcham- bars, proprietors of the Cheltenham Herald, for a libel. The resultwas, an apology- and a verdict for notninal damages in respect to Gardner, and a verdict of " not guilty" against Bellchambers. In consenting to the apology of Mr. Gardner, Mr. Campbell, the King's counsel, had said, that " as to the other defendant, Bellebambers, he was a bankrupt in trade, to whose praise or censure Mr. Griffiths was perfectly indiffer- ent. From him he asked no apology ; he would receive none; as even the mere acceptance of one from such a person would be a contamina-: tion." Or, according to a second version,—" as to Bellehanthers, his- praise or censure would not affect him in any degree, and even an apo- logy front him he held to be a contamination." Both versions were in- serted in the Cheltenham ,Journal; and for their insertion, Mr. Bell-. chambers I. rought his action against the registered proprietor of that newspaper. It was contended by Mr. 'Williams, for the Cheltenham Journal, that the publication of tic proeccrliegs of courts of justice would be cut up by the roots, should it be decided that oven faithfid re- ports were subject to punishment of so heavy a kind as was sought to be inflicted : editors for the future must write with rot Lttorney oil one hand, and a counsel on the other. The Judge (Sir William Taunton) said- " Counsel, like members of Parliament, were indulged with a sort of. privilege—a latitude of observation for the benefit of their clients. But it was a personal and strictly local privilege, confined to the court. Strong statements of counsel could not he repeated abroad, otherwise courts of justice would be mere vehicles of mirate slander." The Jury, under this direction, found a verdict for the plaintiff.

We desire /to encouragement or protection for private slander ; but we could wish the licence of Courts and the privilege of Parliament as- similated to the law of the country. It seems that a statement may be safely made at the bar, by an intemperate counsel, or on the floor of - the House of Commons, by a malicious member, which if uttered by the press shall be punished, and justly punished, as a " private slander.'

The fact is unquestionable—we (-ludic/Igo only the practice, and the justice of the law which tolerates it.

LIFE IN TILE COUNTRY.—At the Insolvent Court, Warwick, Thomas John Onscley, son of Major-General -01o.cley, applied for his dis- charge : be was opposed by 1\Iessrs. Stone and Harvey, coachmakers, Nottingham, and other creditors. The following is the account given of his adventures by the hero himself. We quote from the Sun— In April ISM. Master Ouseley left London, pial wait to live at Nottingham ; whero he purchased from a Mr. Truswell a backlicy-coach and a livery-stable laisinap. for 4901. For this he paid down, at the time the purchase was made, 3501., and sans,- quently paid COL At the time or going to IN ottinglaini, his capital amounted to 4501. His stock in trade consisted of six gigs, two flies, and a hearse. While residing in Not tingham, a young lady. named Louisa. whom he had enticed from her home in London. resided with him as his wife. On the 2t4th January last, while Louisa was still with him, he went to Ashby.tleda-la and was married -to a youog woman; with whom he, repaired to a village within a mile of Nottingham. On the 4th February, he found that Louisa had become acquainted with his marriage, and had has'ily fled from Notting- ham. (In the same day, he sold his nosiness and stock in trade to a person named William Stagg, the brother of George Stagg, his groom, fir 801., abandoned his wife, and went Mein pursuit of the fugitive, George, his groom, accompanied bin, on his journey. They went first to Leicester, and from thence to Nmthampton, St. Albeit's, and Wendover ; at the last of which places llu y met WO Louisa. 0.m his return, he discharged his servant at Northampton. and proceeded to Birmingham, where, on the 11th of February, he and Louisa took up their abode at the Cmown ant d Cushion, in Cares lane. Ile had then about 401. left, having expended the other moiety of the. money received limn Stagg in his journey. With this he proposed to commence brig, ness as a horsc-Icaler; ime accordingly ton„ht two horses of Mr. Beardsworth, for one of which he gave 201., and for the ether he was to have paid 30/., but only paid 20/. on acomnt. In the course of a few days, he was arrested, when he had not more than a sovereign in the world; his retreat was discovered by his win:, awl Louisa again escaped to London. While in the custody of the Sheriff 's officer, a wan, whom be had pre- viously known at Nottingham, bought one of his horses for 131. The money was paid to his with. On the 18th of February, he wrote to Messrs. Stone and Harvey. offering to make over to them, for the benefit of his creditors, a reversionary interest under his grandfather's will, and 1501.. a debt owing to him by his mother. On inquiry, however, it appeared that the debt due from his mother, being contracted without the consent of his father, could not be legally recovered; and the reversionary iuterest depended upon contingencies which rendered its enjoyment by the insolvent extremely problematical. In addition to his other engagements it appeared, that during the tints he was at Not- tingham, he kel.t a racing mare.

The Commissioner sentenced him to imprisonment for eight calendar months from the date of filing his petition, and to be further impri- soned until he produced a copy of his grandfather's deed of gift.