Star. — London, England, 1824-10-27 00:00:00

THE ARMY . . The 97th Regiment of Foot is ordered to proceed to Ceylon in y ou ary next, in order to replace the 45th, which, on being relieved, will proceed to Madras, to succeed the 30th, which is ordered home. The 57th is ordered to proceed to New South Wales. House GUARD,, Ovr. 12, 1824. Ma General Court-Martial, held at Malta, on the Ist day of 141arch,1824, and on subsequent days, and re-assembled for revision en the 19th of July following, Lieut. Gronoz FRANCIS DAWSON, of the Royal Artillery, was arraigned upon the undermentioned charges, viz. . . 44ist. For disobedience of orders, insubordinate and unofficer like conditet, when stationed at Fort St. Angelo, in the island of Malta, In hesitating and declining to carry into execution the Or ders he bad received, on the 6th of August, 1823, for firing salutes from that Fort, on the 9th and 10th of the same month, according to established usage. And for having written two letters, dated the 7th and 9th of of August, to Major Addams, commanding tha Royal Artillery,re nionstrating against carrying the aforesaid orders into effect. 2dly. For writing a letter, dated the 11th Att,ttist, 1823, of a hi g hly insubordinate nature,, and shelving a spirit of opposi cn to the authority of his commanding officer (Major Addams) for having given orders to Serjeant 111‘Clelland, of that Corps, to fin. salutes at Fort St. Angelo, on the 10th August, 18'25, and for I,.:ving ordered the expenditure of stores, or the execution of regi mental orders, without such orders passing through him (Lieut. Dawson), he well knowing that his own conduct, and that of another Officer, had led to the measures against which he was remonstrating. "The above conduct being highly subversive of military discipline, Ind holding forth a most dangerous example to the British Army." Additional Charge preferred by Brevet Major Addams, of the Royal Artillery. For neglect of duty and disobedience of orders, in not 'giving directions to the detachment under his command, for firinxa salute at Fort St. Angelo, on the 9th August, 182.1, at noon, and in being absent from Cavalier St. Angelo (in the aforesaid fort) without leave, when such salute was fired by the said detachment." Upon which charges the Court came to the following decision : " The Court haviog maturely and deliberately weighed and con sidered the evidence adduced in support of the prosecution, as we!! as the prison: r's having declined making any defence, is of opinion as follows, viz. " With respect to the first charge, that he is guilty of the same. " With respect to the second charge, that he is guilty of the sane. " With respogt to the additional charge, that he is guilty of the first part of the charge, viz. " Neglect of duty arid disobedience of orders in not giving di rections to the detachnsect under his command, for firing a salute at Fort St. Angelo, on the 9th of August laic. " And with respect to the second anti last part of the said Charge, viz. " In being absent from Cavalier St.-Angelo (in the aforesaid fort) without leave, when such salute was fired by the said detachment ;" " the Court finds hint—Guilty only to the extent of bring absent, it arpearing not to have been the practice in the Royal Artillery for Officers to attend these salutes; and therefore—Acquits him of king absent without leave. " The Court having found the prisoner—Guilty of the first and second Charges; and first part of the additional (large, and to the extent, as set forth regarding the second and last part of the said additional Charge exhibited against him, being in breach of the Articles of War, does therefore sentence Lim, the prisoner, Lieu tenant George Francis Dawson, the Ray,' Artillery—To be cashiered and rendered incapable of ever serving his Nlaje-ty itl at.y military capacity whatsoever. The Court, referring to the proceedings on record its regard to tic prisoner's defence, feels itself called upon to anitn olv.-rr, in strong terms, on the extreme pertinacity of his conduct on this particular bead; and to express its surprise and displeasttre'at the decision he thought proper to make of withdrawing his defence altogether, after repeated warnings. •. It could not but be the wish of the Court, in this, as in every o tr case, to see the prisoner avail I.iniself (within those hounds ohich the nature of his case warranted) of every possiide means et jast &cation, front the charges on which he was arraigned. " lle had been allowed by the Court (according to usual custom) a clerk ; and, in addition, the constant assistance of a friend, Capt. Iticautd Harrison Pearson, of the Royal Navy, aided by a prufes sten:A Gentleman, for the purpose of taking notes. " The whole case had received the most patient investigation, as the several cross-examinations ►hew, and the prisoner was allowed oat his own request) from Saturday to the following Thursday, to prepare his defence. '• It was under These circumstances. that be proceeded, and to a very considerable,length, to read to the Court the defence referred to; in which he was not interrupted until he had so far travelled out of the Charges altogether (by frequently reading largely from the Homilies of the Church of England and the Holy Scriptures). that the Court felt itself compelled to take the treasures which ap t.ear on record ; measures which afforded the prisoner repeated op portunities of correcting his misconceptions in this particular, and •.f returning to that proper and allowed line of statement and de. tence which alone the Court could, in the discharge of its duties, permit the prisoner to pursue. " The consequence was on the part of the prisoner (after .re rated admonitions from the Court) a deliberate withdrawing of his defence. " And, finally, the Court cannot close its proceedings without lamenting that a different line of conduct had not been pursued by both prosecutors; as, in all probability, a firm and energetic de cision uu their part, in the first instance, would have led to other results." In consequence of a conununication from the Jonas Auvocarn. GINCRAL, dated 31st of May List, to the Deputy Juocz-AovocaTtra Captain BAY LEY, of the 36th Regiment, which is inserted in the proceedings, the Court was re-convened by a General Order, dated the 16th July, 1824, and upon a revision of the proceedings came to the following decision, viz.— " MALTA, 19141 JULY, 1824. s' The Court having heard the defence, and reconsidered its pro ceedings and former sentence on this trial, is of opinions as foll°11rs— " With respect to the First Charge, that he, Lieut. G. F. Dawson, is guilty of the same. " With respect to the Second Charge, that he is guilty of the sans'. " With respect to the additional Charge, that he is guilty of the first part of the Charge, viz. " Neglect of duty and disobedience of orders, in not giving direc tions to the detachment under his command, for firing a salute at Fort Sr. Angelo, on the 9th August last, at noon.' " With respect to the second and last part of the said Charge,viz. "' in being absent front Cavalier - St. Angelo ;in the atoresaid Fort), without leave, when such salute was bred by the said de tachment ;' the Court finds him guilty only to the extent Of being absent, it appearing to the Court not to have been the prat- I tice in the Royal Artillery for Officers to attend these salutes, and therefore does acquit him of being absent without leave. " The Court, having found the prisoner guilty of the First and Second Charges, and first part of the additional Charge, and to the extent as set forth regarding the second and last part of the said ad s:itional Charge exhibited against hint, being in breach of the Ar ticles of War, does therefore, upon a most mature and deliberate reconsideration of the whole of the circumstances attending this Officer's case, sentence him, the prisoner, Lieut. George Francis Dawsori,of the RoyalArtillery,to be dismissed his Maj::sty's service." At another General Court-Martial, held at Ija Valetta, on the 24th day of March, 1824, and on subsequent days, and re-assem bled for revision on the 21st July, 1824, Captain THOMAS A ITCHI - of the Royal Artillery, was arraigned upon the undermen tioned charge, viz. " For disobedience of orders, insubordinate and unofficer-like conduct, in not carrying into execution the orders that were con veyed to him, by letter, from Acting Adjutant Somerville, on or, about the 9th of August last, desiring that he would give direc eicu; for ftri. , " salutes at Fort St. Angelo, on the 9 th and 10 th of that month." . , " And for writing a letter, dated the 9th of August, addresser: to 31ajor Addams, his Commanding Officer, hesitating and remon strating against carrying the said orders into effect. " The above conduct bring highly subversive of military disci pline, and holding forth a must dangerous exaniple to the Bri tish Army." Upon which Charge the Court came to the following decision " 'The Court having must maturely and deliberately weighed and considered the evidence adduced in support of the prosecution against the priscner, Captain Thomas Aitchison, of the Royal Ar tillery, as well as what be has offered in his defence, is of opinion that he is guilty of the Charge preferred against him, being in breach of the Articles of War, does therefore sentence him, the pri loiter, Captain Thomas Aitchison, of the Royal Artillery, to be dis mis ed his Majesty's si rvice. Thr Court, mur:rover, feels itself called upon to animadvert in a partio4a manner oil the conduct of Brevet Major Addams, of the Royal Artillery, throughout ; as,-in all probability, the spirit of resistance, as set forth in evidence, might have been checked, i and put down in its nri b itt, but for the indecision on the part of , that Officer, as then es, 1111 l landing the Royal Artillery stationed It Malta." Ll consequence of a communication from the JUDGIL- ADVOCAM / NLfit., dated the 51st of May last, to the Deputy J unos-Auvo- tate; fi:itia :icle redo Oil Dal; 41 24t1 I:fief sos :dor 41 cc:l Yee abc i vol r R oft i i T ° str; plia ti, 1 ag ' col till thl br AO nii in of 4)1 ii a; k t I Al 1 . ( , - . . . 'ean, Captain Barmy, of the 36th Regimet, which is inserted in !he proceedings, the Court was re-convened by a General Order, dated 16th July, i 824, and upon a revision of the proceedings, cattle to the following de:is:on, viz. " MALTA, 21 se JULT,IB24. " The Cotirt having heard the defence, and reconsidered its pro ceedings and former sentence on thii trial, is of opinion as fol lows, viz. " That he, the prisoner, Captain Thomas Aitchison, of the Royal Artillery, is Guilt:. of the Charge preferred against blm, viz. " Disobedience of orders, insubordinate and unoacer-like con duct in not carrying into execution the orders that were conveyed to him, by letter, from Acting Adjutant Somerville, on or about the 9th of August last, deiiring that he would give directions for firing salutes at Fort St. Angell, on the 9th and 10th of that month. " And for writing a letter, dated the 9th August, addressed to Major Addams. his Commanding Officer, hesitating and reason strating against carrying the said orders into effect. l"fhe above conduct being highly subversive of military dis cipline, and holding forth a most dangerous example to the tiri tish Army. " Being in breach of the Articles of War,—does therefore, on a most attentive reconsideration of the whole of this Officer's case, sentence him, the prisoner, Captain Thomas Aitchison, of the Royal Artillery, to be dismissed his Majesty's service." In approving and confirming the .finding and sentence of the Court, in both thew cases, his MAJESTY was pleased to observe, that an occurrence of a nature so extraordinary as that of tha direct disobedience of orders committed by Captain Aitchison and Lieu tenant Dawson, of the Royal Artillery, should not he promulgated to the Army without the expression of his :VIAJZSTY's decided repro bation of the mistaken principles that have led these Officers to sacrifice the feelings of subordination, which, as soldier, they ought to have cherished, and upon which the discipline of the Army de pends; and his klantsvy was further pleased to observe, that if religious principles were allowed to he urged by . individual Officers at A plea for disobedience of orders, the discipline of the Army would sustain an injury which might be dangerous to the welfare of the State; and that it is the duty of all those phoed in authority to oppose a decided check to any departure from that principle of obedience which forms the first duty o f a soldier. _ _ . , In making th is latter observation, his MAxe.svv was pleased to I revert to that part of the sentence of the Court, which comments upon the conduct of the prosecutors, Lieutenant-Colonel llxtrr, the Deputy Adjutant-General, and Major ADDAMS, Commanding the Royal Artillery, at Malta, as being wanting in that energetic and firm decision, which, if properly exercised in the' first instance, might have obviated the present proceedings; and his MAJESTY ex pr.ssed his regret, that Officers su situated, should fail in giving a prompt check to any violation of obedience and discipline. I The COSIMANDERAX-CMIIF directs that the foregoing Charges, preferred against Captain T. Arreittsost, and Lieutenant 0. F. DAwson, of the Royal Artillery, together with the finding and sentence of the Courts-Martial, and his MAJESTY'S pleasure thereon, shall be entered in the General Order Gook, and read at tilt head of every Regiment in his Maxesvv's Service. By command of his Royal flightless the Commander-in-Chief, HENRY TORRENS, Adjt.-Oen. MIDDLESEX SESSIONS, OCT. 26. Two watchmen of St. Martin's parish, named Donald and 011 ct, were indicted for assaulting a publican of the name: of Sprinzi. Only one of the defendants, Donald, was forthcoming to take his trial.. It appeared that the prosecutor, who is a native of Rowe, keeps the Star and ter public-house, in St. Martin's-lane. On the night mentioned in the indictment, about 11 o'clock, these two watchmen went up to the prosecutor's door, and asked him what persons were in his house? Sprinzi replied that there were no persons in it, but two friends of his own ; and they might observe that the lamps were all out, and he was shutting up the house. The watchmen anH swered, that there were 12 or 14 persons in the house (which was untrue); and they immediately insisted on taking the prosecutor to the watch-house. Accordingly, without further delay, they seized EMI and dragged him along, not even suffering him to Frio on his cravat, his coat, or his hat, towards St. Martin's watch-house. The prosecutor, . however, feeling indignant at this treatment, grappled one of them by the collar, and declared that he would go quietly with them, but would nut submit to be dragged like a felon ; upon which Donald called out for a knife, that he might cut his b—y hand off;" and gave a wrench to his arm which severely injured it. When they reached the watch-house, the constable of the night refused to take charge of Sprisazi, as he knew him to be a respectable man ; and allowed him to go home, upon his promise to appear before the Magistrates. When the parties were at Bow -street, Sir Richard Birnie asked the de fendants how they came to be guilty of such an outrage? They replied, that they bad the 'Magistra:e; order fa doing what they had done; but on being told to pro duce it, they said that they acted by order of the Over seers and Churchwardens. Sir Richard expressed great indignation at their conduct, and directed the prosecu tor to indict them, which he did accordingly. The Jury found defendant Guilty—Four months' imprisonment. Patton, Elliott, and Coombes, servants, stood indicted for an assault on Wolf Harris, a vender of old clothes. The prosecutor swore point blank to the commission of the assault, and a friend (Moses) supported him. Mr. Aootrtros addressed the Jury for the prisoners. The lower order of Jews were used to disgrace them selves is Courts of Justice, even the disgrace of hu manity. His clients never committed the assault. One of the witnesses for tha defence having stated that he saw blood on the mouth of the prosecutor, Mr. PHILLIPSOI/ there! there! Mr. ADOLPHUS- T his is most irregular, Mr. Phillips; these terruptions are very improper; th:y disturb the course of justice ' , and often breed ill blood among the bar. Mr. Pirttatzs—We had no ili blood yesterday, Mr: Adulphus. (Mr. Adolphus did not attend this Court yesterday). Mr. Anomics—Perhaps so, Mr. Phillips; but that was an sam swer which I could not expect from you. Mr. PHILLIPS in his reply, denied the truth of the sweeping Ina• putatinn against the credit of all the lower order of Hebrews I 'seek an opinion was at hest but a sectarian prejudice. For his own part he thought that himself and all bis fellow men were going to the same great destination, but by different roads. Verdict—Patton, Guilty ; Mien and Coombes, Not Guilty.— Judgment on Patton—" A fine of 11. Ss. to the King." Mrs. Keeran, a plump, jolly, good-humoared-look ing dame, sto id charged-Kith an assault on another of the Hebrew nation, Mr. B. Lewis. Lewis stated that he v..os standing at his own door, doing and saying nothing under Heaven, when the pri soner came up with a bason of dirty or clean water (which it was he could not swear), raised it between her hands, and dashed it into his innocent face.—This was( an immersion so sudden and so very shocking as to take away, for the moment, the use of his breath, and brains, L and eyes. However, he so mi attempted to remonstrate, but wai $4l short in the middle, or rather the beginning, of his oration, by the prisoner elevating the bason second time and dashing it at him. Mrs. Keeraa no sooner saw her bason broken, than she snatched up the numerous fragments and flung them in poor Benjamin's' countenance: Prosecutor swore he had not said nor! done any the slightest thing to provoke or merit such an accumulation of violence. This stor y the prosecutor told with a querulousness of tone, and emphatic illustration of attitude and ges ture, which kept the Court in roars of laughter. Mr. PHILLIPS (ID the prosectitor)—Did you call the prisoner. any names ? Prosecutor—l might,but don't exactly remember what I said. Mr. Piru.urs—lid you DOI caliber a name beginning with a se ? Prosecutor—l don't know. Mr. PHILLIPS—Oh, perhaps, yen begin it with a v Mr. ADOLPHUS—No no, I dare say be begins it with an h? The quarrel appeared to have originated on a professional jea- 4 lousy between two neighbours, who happened to be old clothes vett ders.—Vettlict—Not Guilty. LAW • LAW' REPORD, . . COURT OF KING'S BENCH, OCTOBER 26. MERCANTILE TRANSACTIONS WITH AN ENZMY.-00DEN V. PEEL AND OTHERS, ASSIGNEROi WADDINGTON. This was a special case, sent fisuns.the Vice.Cllancel lot's Court, for the opinion of this Court. The plain tiffs were merchants in New York ; the bankrupt hat been a merchant in L-mdon, and transactions to a large amount had taken place between the plaintiffs and the bankrupt previously- to his bankruptcy, which hap pened on the 15th of March, 1815. After :11:: hank-' tuptcy, Mr. Waddington was continued agent to windl up the business, and in that character he received the produce of goods shipped by the plairrifFs. Most of the transactions to , k place during the war with Ame rica, from 1812 to the end of 1814, and the toe•tion for the consideration of this Court was, whether the plaintiffs could prove un,!er the commioion, debts arising from contracti and sales dining bostilitie,? Mr. TINDALL argued that the debts were plovie)le, since the actual receipt of the money was subsequent to the peace. The goods were shipped to 'Havre, c signed to LaF.tte and Co. and were laudei there dutinp the war. Part were sold, and bills taken at three months. Mr. Wad.lint , ni discounted the bills with Messrs. P..ei gord, but the btl:s wet e not actual!y due till after the peace. He contended that the action could not hold for money had anJ received until the maturity of the bills, and that, although an action at law could no_ be maintaineJ far money received during the war, an a :t ion was maintainable for money maturely and actually tailing due after the cessation of hostilities and re-esta• blishment of peace. Mt PoLLoca, on the other side, argued that no legal claim could arise from an illeAal transaction. A con tract made with an alien enemy Was essentially illegal, and could not be made valid by the cessation of war, and was thus quite distinct from the mere suspension of claim by a war, after the contract had been made. The case was of great importance, involving an amount of .50,000/. or 60,0001. Au action could not have been held for Dover in the bills, or in the goods, and still less could an action be maintained for the proceeds. The objection was not Mr. Waedington's. He had no idea of such an objection. It was not raised by the assignees, but it was an objection forced upon them by a large class of creditors, who expected, by excluding this claim, to receive a larger dividend. Mr. TINDALL replied,and contended strenuouily with' respect to the ship Benjamin, which arrived in Liver pool in January, 1815, after the preliminaries of peace had been signed. The Court would not assume that there had been a contract during the war, hut would suppose the ship sent upon speculation to hover round our coast, and enter a port after the signing of preli minaries. With respect to the Joachim, which landed goods at Havre, he hoped the Court would not hold with his Learned Friend, that an action of trover could not be maintained, if the goods had remained unseiaed by the Crown until the peace. The bills were held by •Mr Waddington until the peace, at least they had not , come to maturity until that time, and he therefore tru)ted the Court would find that an action could be maintained upon those bills. The money had and re ceived was, in fact, a new contract, upon which they sued, and entirely free from the taint of contract with an alien enemy. The LORD Cl4llll .Ins-tics—The Court will consider of the case, and return an answer to the . Vice-Chaneellor. DUNCAN V. THVVAITES AND OTHERS. In this case, an action was brought by the plaintiff, who is an Attorney, residing in New Inn, to recover from the deft.ndants, who are the Proprietors, Editor, and Printer of The Morning Herald Newspaper, com pensation in damages for injury sustained by him, in consegnence of two libels, purporting to be a report of proceediag which to:Ac place at Bow-street Police-office, before Thomas Wats, EA one of the Magistrates of that office, on the Bth and 15th of July, 1823, and which libels appeared in The Morning Herald News paper, on the 10th and 16th of July, 1823. The libels stated, " that the plaintiff undei went an examination at Bow-street Police-office, up n a charge of assault upon a child named AnntaChartres, with intent to violate her person; that the evidence displayed such a compli cation of disgusting indecency, as prevented them (de fendants) from going into detail; but the libel added, that it was but justice to the accused to state, that he denied the assault, and that the child prevaricated in some measure." The defendants first pleaded the general issue; and, secondly, that examinations had taken plaCe at the Pub lic Office at Bow -street, on the Bth and 15th • of July, 1823; that the examination did display disgusting in decencies—that the alleged libel was a fair, true, and. correct report of that examination—that it was insetted as public news in a Newspaper—that the defendants had no malicioUs motive towards the plaintiff in doing so; and that they merely gave what they, as Prop ietors of a Newspaper, felt themselves entitled to give, a full and fair report of an open and public examination -at a Public Police Office. In one of these pleas the defend ants demurred for their insufficiency. Mr. ParalsoN this day, in support of the demurrer, .contended, that according to the defendants' own ad mission, the first plea, stating the libel to he a full and true report of the proceedings, mutt fall to the ground, because the libel did not contain the examinations at length. He also contended, that the defendants could not now place upon the record the depositions at large of the surgeons, &c. in order to justify what he would call their opinion of the proceedings at Bow-street. But even admitting that the defendants would be justified in resorting to such evidence in another case, he con tended that in the present case the defendants had no right to publish an ex-parte proceeding before a Magis trate. In support of his argument, the Learned Counsel quoted the cases of " Lewis v. Walter," 4 Barnewell and Alderson, 62; " The King v. Mary Carlile," S Barne wall and Alderson, 167 ; " The King v. Fleet," S Esp. 123 ; " Tne King v. Fisher," 2 Campbell, 563 ; 'fire King v. Clement," 4 Barnewall and Alderson, 379; " Cox v. Coleridge," 1 Barnewall and Creswell, 37 ; 11 -The King v. WI ight," 8 Term Rep. 293 ; The King Creevey,' 1 Maule and Selwyn, 273. He submitted that the cases which he had quoted went in support his argument, that the defendants could not legally pub lish an examination before a Magistrate, and which exa mination reflected upon the character of any individual. With respect to the inconveniences attending such pub lications, he had only to refer the Court to the late pub lications respecting Mead, who was tried lor murder at the last Assizes for Yorkshire, and the publications re lative to John Thurtells ' " Mr. E. ',awes, for the defendants, said, if he rightly Apprehended the question which their Lordships WCI C called upon to decide, it was this—Was the Editor of a Newspaper justified in publishing in his news,raper. „ • ” . • • ' • 1 " `. •i • .• true account of a proceeding Which took place before a Magistrate; upon a clrarge of assault, as publib news; he being actuated by no malicious motive, and adding thereto neither note tint. comment ; and iF he were so justified, mast he detail all the panicnlars of that et: amination ? Another question which tie C.:emit had to decide was, whether the particulars omitted in the alleged libel cotild be set frr tit in the record ? ehended that the dvienda!tts had a ti , ,,,;ht to an both those things. lie wa.; a s tonished that his Leatned 1 1 id not, in all the cases which he had glinted, taken notice cf this very singular difference between those case, and the prti,ent case, namely, that they were indictments and that this was a civil action. lie did not think it fair dealing towards the Learned Judges who had given their 411 ,ininas upon those cases, to q tote them now as if they had given such Opinions. upon civ il actions. The Learned Counsel having at considerable length contended that the cases cited on the other side •conid n..t apply to this cane, and that the defendants had a light to introduce into their plea the depositions; Jac. to v. lath alluiion was made to the alleged libel, ;aid be should how' contend for. the general tight of petsons in die defendants' situation to publish ;inch Vroceedings. His Lord-hip said, as it was got three o'clock; It Would he more comentent to the Court that Mr. Lewes should resume his argument to-morrow. C'ORTINC: INTELLIGENCE: HUNTING. Mr. llustet's hounds (late Vatchley) will meet on Monday, No vember I, at ititebley 01d. all;H Tuesday, Nov. 2, Clipston Mill; Wednesday, Nov. S, Elision]; Thursday, Nov. 4, AVinwick War ren; Friday, Nov. 5, Harleston Heath; Monday, Nov.B. [lamp. toe Hills; Tuesday; Nov.o, Holdenby ; Thursday, Nov. 10, Vitt wick Town ; Friday, Nov.ll, Ecton. TANI BTON MEETING, Silvan/a., OCT. 23. The Ladies Cup, adaed to a Sweepstakes of 5 spy. fur horses, Ike: not thomugh.bred. A.F. (Right Subscribers.) Mr. Wyvill's b. tn. Mirth, 5 yrs old, 10st. nlb. . i t Lord Normanby's br. m. Clad. 5 yrs old, list. . . 2 Mr. Petre's br. h. Metteroich, 6 yrs old, l Ist.; Mr. Mills's O. h. llit or Miss, aged, lost. 10lb.; Mr. Puncombe's di. &Spa, aged, inst. 71b.—The Judge placed only two. The Water Stakes of 10 sov. each,Toi spy horse, tic. alto, 114 Two miles. (Sit Subscribers.) • 21r. Lambtou's ch. h. Corinthian, 5 yrs old : ) Mr J. Rohinson's h. c. by Raphael, 4 yrs old • 2 Mr. flubhuuse's cb. h. Lorenzo, 5 yrs old • s THE No FIGHT • • ICTWLIN JACK MARTIN AND JIM lUarf, POI sesoe a-not There never w.. a fight looked forward to with more interest than the present. On the one hand the friends of Martin rely on his tried courage and manly generalship In many battles of great cele brity ; and on the other side, the sanguine admirers of Burn build their hopes on his youth, activity, and known determination—he is already a great favourite with the Fancy, and has a longing eye to the Championship.—The morning was ushered . in very stormily and wet, to the great annoyance of the road-takers. But their curio ' shy to witness a prime battle between two such men overcame all scruples, and the roads from London, Windsor, Basingstoke, &c. and every avenue, by-lane, wood, moor, and mountain, poured the converging crowds t• one interesting focus, of brave men, sharp men, idle men, and flat men—harouche, dray, gig, and don key cart, all forming a motley ring to fill the eye of wonder. —Ben Burn, Tom Oliver, and the fighting Jem, went down to Hampton on Monday night, at which place Martin had been train ing, and slept at the Bell Inn. Jem Burn slept at the White Lion Inn—he is in excellent health, high spirits, and full of promise. Ile stands five feet ten inches and a half high, aged 20. and looks re markably well. He weighs eleven stone five pounds; when he fills out, in a year or two, he Will be a powerful fellow. He is et tremely cautious in his conduct, and throws no chance away. Jack Martin is 28 years old, five feet nine inches high, weighs eleven stone ten pounds. He has won nine prize battles, and lost three. The morning cleared up by nine o'clock, and about ten the whole cavalcade of fighting men, their seconds, backers, and admirers, set out in high glee for the field of battle, in the vicinity of Virginia Water, where the Fancy had such an excellent neat yesterday se'nnight. The odds varied in favour of Burn, but not much---at any rite he was taken for choice. The ring was to be pitched yesterday morning at Virginia Wa ter, but the Magistrates interfered, and the ground fixed oh was at Laleharn, a village two miles from Staines. Nu sooner was the ring formed than a Magistrate, Slx John Gibbon, of Stinway, appeared, and told the milling tapes that there should be no fight there. However, at three minutes past one o'clock, Jens Burn came into the ring with his uncle, Old Ben, and taking ()Whit hat, said— " Gentlemen, I am here ready to fight ; if Martin does nut choose to appear, I claim the money."—(Bravo and applause.) Sir John Gibbon said, " You shall not fight here." however, Burn remained in the ring, determined to wait the appearance of Martin. After - waiting 20 minutes, he went out. Old Ben said that he hid no doubt Martin intended to fight, but lie suspected that his backers, having sported too much money on the event, were afraid to let him come to the scratch. A number of pigeon+ were " let fly" for London, to announce that it was no p. It appears rather singular that the ground chosen should be so near a village where there are so many beaks. The worthy Hart. oft being told that he had spoilt the sport, answered, HI had had many a day's sport spoiled. The concourse of people was very great. There was a liberal sprinkling of carriages on the ground, and others thronging towards the spot; all seemed to go away very much chagrined at the result. 'Alartin's friends are certainly much to blame in healing the lovers of pugilism so barefacedly. Burn went back to Hampton, having easily won his three hundred pounds, which is,of course, forfeited. Martin did not appear. THE MARKETS. CORN-EXCHANGE, MARK-LANE, OCt. 24. The wind being boisterous and contrary, the fresh supplies to this day's market are small. Prime dry sample! of Wheat obtain Monday's quotations, but other sorts are nearly unsaleable. Dar ley finds but few buyers to-day, at the terms last quoted. Beans and Peas are unaltered. There Is a fair trade to-thy for sweet heavy samples of Oats, but not much doing in other qualities. .tr rivals—English Wheat, 3,900 quarters; Barley, 4,740 quarters; Oats, 550 quarters ; Irish Oats, 170 quarten ; Foreign Oats, 8,100 quarters ; Flour, 4,860 sacks. (FROM Till LONDON PRICE CURRENT, PCT. 26.) COTTON-WOOL—The market for Cotton continues the sane. The sales last week consisted of -20 Madras 50. per lb. in bond. 100 Pernams -10 Id. • 800 Surats - &ed. to 61d. 400 Bengals - sd. to 54d. 160 Smyrnas - 7d. to 7id. 90 West India - W. to 1034. - duty free. SUGAR—The market was rather scantily supplied, and good and fine Sugar was scarce, consequently last week's quotations were fully sustained. Ber nao Sucaas.—There are buyers of large lumps at 765. to 765. Cd. per cwt. and 775. to 789. for small. Crushed Sugars are inquired after at 334. to 355. for fair quality. Besides the additional ' duty on Sugar imported into the Austrian States, there is also an increase of duty at Naples, the effect of which will be kit, and certainly limit the demand for crushed Sugars. Foaeice SUGARS little inquired for. At a sale on Weduesday, of Java, Slams, Mauritius, and Bengal Sugars, the Java in baskets, good grey, sold at ":::65. 6d. to 28s. Bengal white 31s. to 31s. dd. Slams, grainy white damp, 245. to 295. 6J. Mauritius good dry brown and yellow to 245. Gd. COFFEE.—Tite unfavourable accounts received from the Fo reign markets, have caused this article to go off heavily, although the juices have not materially declined. .1t to.day's sale good mid dling Jamaica sold at 975.6 d. per cwt. St. Domingo sold at 56 s. to 60a. and Brazil 565. to 58s. ij (T.—The arrivals cf New Fruit from Malaga have been exten.ive. With re;pcct to the market, little•alterttion to notice, as demand dues t:01 yet appear general. There have been two sales thissweek, and two are already advertised for nest. TEA.—lloheas are id. to id. per lb. lower. 01L.—Since our last there has been a considerable inquiry foe Fish Oils, and prices have advanced '2l. to 31. per tun. No fresh accounts from the Fisheries. H E.VII), FLAX, and TALLOW. —No alteration of conse quence to notice in the prices of Tallow since last week, but the ar ticle fully supports previous improvement.—Hemp continues in re , que.st, price, advanced 11. per ton.—Fla: as last quotid.. - .~ I 1 ~,~i ~I .~ et !I ( •