Star. — London, England, 1829-02-02 00:00:00

• - liittrauts 31. ... • . . . • Ilte body of Berke, the murderer, was removed diving Wednesday night to Dr: Munto's class-room, where it was neat day exposed, and in pan dissected. The anxiety to obtain a sight of the vile carcase of Burke was exceedingly great, particularly after the dismissal of Dr..Munro't class; and the Doctor, in the most obliging manners accommodated every one to the utmost extent the apartments would admit of. About half past two o'clock, however, a body Of Young then, consisting chiefly of students, assembled in the area, and becoming clamorous for admission ea mane, which of course was quite impracticable, it was found necessary to send for a body of police to pre serer order: But this • proceeding had quite an opposite . effect from that intended. Indignant at the opposition they met with, conceiving themselves to have a prefer ahle title to admission, and exasperated at the display of 'force, the young mac made several Attempts, in which they had nearly. succeeded, to OirerpOaret the police, and bloke a good deal of glass in the windows on either side of the entrance to the atoatOMlCal Theatre. The Police were in fact compelled to use their batons, and several har.l blows were exchanged on both sides. The Lord Provost was ptesont- for some time, but was slid to rat re with whole bones, aallidst the senseless - hooting: of the obstreperonayouth,•`who lavished op prcibt ions epithets on the Magistrates, particularly on Bailie :Small, the College Bailie. This disturbance • listed from half past two to nearly four o'clock, when ,an end-mas at once' put to it by the good sense of • '.rt . Ofessor Christison, who announced,to the yeung men tbat.he bad arranged for their 'adibissios is patties of . - .boat fifty at a time, giving his owe 'personal guar • ranter for their good co:rduct. This Was received with loud cheers, and introediattly the riotous disposition they had.previously manifested, disappeareJ. An ordet was given to admit the public generally to 'view the body of Butte, and of course (*any thousand *wailed themselves of theoppOttunity thus afforded them. A eortespondent, who had the curiosity to count the number of individuals passing into Dr. Monro's room, at various periods of yesterday, found them to amount .to 68 per minute, or 4080. per hour. Assuming, • what we really believe was the case, that this estimate would very little-during the whole six boors in which the doors were open, the total number who saw the body of the murderer must have been upwards of . twenty-four thousand. ,~ • 111''4 01SEDWATIONS -OW THE HEAD OE ( 061• IHREE. FROM THE FEW 0 . 1 A 01111NOUISHED PHIEHOODISIN Public attention has been so strongly attracted by the atrocious,crinees of Burke, that the other incidents of his life, and his general character as a men, are liable to be altogether overlooked. In viewing MS . : character. ' hnevivei, with a philosophic eye,the whole mental qua lities manifested by him in the different situations in which he was placed, must be taken into account. Burke was'horn in the parish of OfreY,.county, o• • Tyrone, in Ireland, in the spring of 1192. When a' • Khoo), be was distinguished as an apt scholar — a . cleanly, active, good looking boy; and though hi* pa -rents were strict Catholics,, he was taken into the service. Of' a - Presbyterian Clergyman, in whose house he tesided for a, considerable time. He was recommended hY the hliniiter to a Gentleman in Straban, in whose employ ..., mtnt he remained for several year.. lie subsequently tried the trade of a baker, at which he continued only t'r five months. He thereafter be came. a linen-weaver, but soon got disgusted with the clei.e application that was essential to earns ar tgrt poorly.paid, irksome emOloyment, and lie en listed in the Donegal militia. He was .selected by. an ctficer as his servant, and we are told that he - demeaned hinsielf with fidelity and propriety. Whilain the army. hentarried a worn .0 in &dilutor, in the coentrOf Mayo, and idler seven years service. the reginseriVeras dis banded, and be sent home to his wife. He :portly aftesWtds obtained the situation of groom and body servtent to a gentleman in that vicinity, with wheel% remained three years. He subeequeinly came to work at the Unios•Canil in Scotland. and there formed an acnimintance with the woman. bl•Dougal. who became remarkably lend of him, deserted her parental roof for his society, and at. tached herself to him, partaking of his various fortunes during the last ten years'oChis life. It is mentioned that Burke treated her si.h kindness, and acknowledged her as his wife; and that she was pasvionatelyloOd of hem in return. Being reduced to much wretchedness and'porresty. Burke and Nl•Dougal lodged for a few nights in Hate's house. anclduring his stay aid ow lodger died, whose b dy was told by Hare and bueke for dissection. At this . leount his carerr of atrocnius vidainy commenced The 'nice of the body being espende.!, But ke•deco)ael a- woman,into Hate', den, and murdered her, and sold herlfudy: He and Hare repeated sin itar teagedies . .ivvelve or thirteen norms during the course of a prat, till at, tiist, they were detected. : N. 4 riiii can *acted the intense selfi.bness.- cold Wooded ce uelt y. and cairn's' ins villains of. these trii•iit a tt ins ; and if rhe organs of Selfishness and De-ta4sssl soreness he not hand on Burke, it would be its arimillei luus as if no organ. weir found for the be!ter qoaliikpi ishich hr had p evi. u.ly displayed. ... :. ,:;; Ptisenolo g yi s the Olt* b coence of mind which ergo. to ns elements and principles capable of accounting frir such a char..cter as that brfote us; and it does so ift a st icing manner. We have seen a Intresureasenot and de vs./opulent of the 'head rf Butke, taken by an @Spa , :teller,/ phrenblogi.t from the living head; also , * ear 'i succor ate cast of the head with the hair shaven,laktin. . MS. Jo. • ph after the execution; and we have cony's* with a medical Gentleman whO saw the brain dissector ; the he 44.1 was rather above than below the /piddle sise.; The noddle lobe of. the birth:. in which al'eZtuate,tho &gins of Deorurtiveness. Secretiveness, and Aequi' shortness, *as very large; at Destrtictiveness, in par. Ocular., the Anil presented a distinct swell, and the bone was remarkably thin. The cerebellum, or organ of Amativen ess , wa s l arg e, and Burke stated that. in some respects, his Tuin was to be attributed to rte Abuses of this propensity, because it had led him into baits which terminated in his greatest crimes.— The organs of Self esteem and Firmness were also largely " deyeloped. It is mentioned in all the Phreanlogical *colts, that Se.t.esteem and Acquisitiveness are ,the Brand elements of Selfishness.. The anterior Woe. ea Indt its Which the intellect is placed, although small hi Mg hillwrial it the Inessurestent Winches: - • i aressuileseaer of the head - ....f$ t' 1 Nam Alm occipital spine to lower Individuality ....... ..... 7.? From the oar to lower Individuality .....•... .. a •' • From ditto to 'be centre of Pitilo•sosenithrenees From 'ditto to Femme" From ditto to lienevolemem ..... From ditto to Veneration Flea Destructiveness to Destructiveness SAM Frain CaIIitIOUSDOSI to Cmtiouneas — ****** —"' ..••• ••••• 5.3 Prom Ideality . to Ideality • • .... ....• .• • • 4•11" From Aapisitimmere to Acquisitiveness ...."........ ..,..a..64 Free r eet ti v veit ikar zle Sametireneet .... ••••••••••• so* 000000000 vas 5•7 . thein to cembotivosees ai• ••••• •••• . •. 41.8 i • I rope' ICA to the middle lobe, was still fairly:love/ord. • especiallyin loWer region. which connected with perceptivethe faculties. In accordance wiebibis fact, Burke displayed acuteness and readiness of understand ing. He. could read and write with facility, and his conversation was pertinent and ready. The upper pert *of the forehead, connected with the reflecting organs. was.deficient. The organ of Ideality; which gives re &team and elevation, was exceedingly small; that of Wonder, which prompts to admiration, is also deficient; and the organ of Wit is small. Here we find.tbe organs,'Which, when abused, lead to selfishness, cruelty, cunning, 'and determination, all large; but we have still to account for the facultie;4 which enabled him to act•a better part in .early life. Accordingly, Combativeness is considerably. inferior, . to Destructiveness in size, and Cautiousness, is : large. These acting in combination with great Firmness and Sevetivenesi, would give him command of temper ;" and, accordingly, it is mentioned that he was by COL means of a quarrelsome disposition, but when once roused into a passion, he became altogether unveils:- able; deaf to reason, and utterly reckless, he raged like a fury, and to tame him was no easy'tisk ;.tbat is to say, when his large Destructiveness was cited to such an extent, that it broke through the restraints of his other faculties, his passion wail !lit vated into perfect madness. Farther, looking It tne. corneal , surface of the brain—the seat of the tiros l totiments—we find it narrow in the anterior portian, but tolerably well elevated ; that is to sly, the organ of Benevolence. although _not at all equal in sine tither` organs of the animal propensities before mentioned, is fairly developed. Veneration and Hope are also full.; white Conscientiousness is, in Phrenological. lemur% 1 . rather full," or, in common speech, not reasarkable deficient. Lave of ApprobatiMs also is full. In these faculties, we find the elements of the morality which he manifested in the early part of his tile; and also an et, planate a of the fact, remarked by all who saw him, that he possessed a mildi.ess of aspect and suavity of manner, which seemed in inexplicable contradiction with his cold-blooded 'ferocity. If these had been no kindness at all in Buike's nature, this explosion would have been an effect without a cause. The organ of Imitation is Well developed; and it is mentioned in the phrenological works that Secretivene4 (which in him is likewise large), in combination with . Imitation, produces the power of acting, or simula ti tn. his curious to observe that Burke possessed this talent to a considerable-extent. • He stated that he was fond of the theatre, and occasionally represented again the acting which he had-seen. He also, and not Hale, was the decoyer, who, by pretending kindness, fawning, and flattery, or by acting the semblance of a friend, inviegled the victims into the den. This quality also enabled him to act a part in his interview with the va rious individuals who visited him in gaols - He showed considerable tact in adapting himself to the person who addressed him ; and from the same cause it was sometimes difficult to discover when he was serious and when only feigning. His great Self Esteem. Firm ness, Cautiousness, and Secretiveness, produced that self-command, and unsh •Iten composure, which never forsook hire during his trial and execution. One tithe most striking tests of the degree in which the moral sentiments are possessed by a criminal, is the =prosier, which his c•imes makes upon his awn conscseece when the deeds have been committed. In John Bellingham, who murdered Mr. Pesceval, the or gan of Destructiveness is Tar large, while tint of Be lievolence is exceedingly deficient ; and Bellingham ci uld never be brought to perceive the cruelty arid atro c•ty of the murder. Burke; in whom Bei ev,lenee better developed, stated, that so for along time after he had , muscle ed his first victim. he found it impos sible to banish for a single hoar the recollection of the fatal struggle—the screams of distress and despair— agonizing gioans—astst.all AC realities of ti.e dreadful deed. At night the blmisty. tragedy, accompanied by frightful visions of supernatural beings, tormented him in his &tams. 'For a Icing time he shuddered at the thought of beii g alone in the dark, and during the night he kept a ligl.t constantly burning by his bedside."— Even to the last he could not entirely overcome the re pugnance of his moral nature to murder, Mit mentioned that he found it necessary to deaden his sensibilities with whisky, leaving, only so great a glimmering of sense as to be conscious of what he was doing. He positively asserted that he could not - have committed murder when perfectly sober. Burke was considerably muscular. and in the cast with the hair shaven, taken after death, the Measure inert of destructiveness is two-eighths of an inch larger that the measurement taken during life, which must be abated in the estimate of the organ.— Cokdorrian Met airy. _. . The Duchess of Ronal:mon. with her usual benevo. levee, has tamed i distribution to beinade of coals to net tower than 534 ror families in Kelso. Mrs. WILLIoIa SnaDDIN has, with numerous private charities, given the sum of 404 to enabk a weekly : distribstion et meat and soup toke - rnade to the poor of Kelso. each person re- Craving every Saturday an allowance equal to the conwouption Of two days. ' Aoat.sul TUZATIM. Marnaw's personation t f Nottsieur Mallet, in Moscone& entertaining and truly . erigival Barletta of that name, is said to be one of the most affecting specimens of acting ever exhibited on English Stages ' . CORN- RXCHANGE, MARK-LANE, Faasuaer Our supplies have not been large this week, but they were quite adequate to tits demand. This morning kne Wheat was in fair re. quest. and sold freely at the prices of last bleodaj. Making Barley 'was dull sale; the very best samples realizing only 38s. per quarter. Beets and Feat of both deecriptions were brisk sale, at our last quo. tattoos. The Oat Trade cootlnues dull ;* fine fresh Corn, however, sold at the rims of last Monday. In other articles no akeraden. Wbeat, Yeat it Suet. 805 $4. Peas, Prey Ms U. . Suffolk. Ws tta Beans, Small Hs 38$ . Norfolk, 70a 74s . Tick 343 364 tre 34s 36a Oats, Potatoe 30e 53, ley ted 3M Poland sus its Malt 54a 681' Feed 24.17. Bess, Wilke Us !Os . Bullets 42s 45a yeiostsesos Wheat. Iragllah quitter. I,oli Foreign 30,401 Irish Ditto Barley, British , Do. Foreign trials Malt, English l English Oats Voteigo Ditto 1,545 2,1165 . •,140 1•1111=11 • • $l6 zw 415 LAW INTELLIGENCE. 'COURT or- ZING'S B2NCU. Weignitertss, J•w Si. Slides. in Bane*. Lord TENTVIDIII did not take his seat in Court to day: Nis Lordship has been labouring under indispo sition the Whole of the week, and to-day was tan unwell to be able to leave his house. Mr. Justice BAUM! stated, that he had no doubt his Lordship would be able to attend on Tuesday. Monday (this day) is a dies ;Roc Captain Baillie was up in custody, and coma mitted to the King's Bench Prison, under a writ de sz• - eestaisaieato *spends. IN Tilt MATTaIt 01 THOMAS anntLlT 201 ID, OINT.. Sir JAMS& SCSAILITT and Mr. CHITTY showed cause Against a.-rule obtained by Mr. Campbell, for striking nff the roll of atomics of the Court Thom is Berkeley B..ind, who had been admitted an attorney in the year 1818. The grounds on which the rule had been ob tained went.—first s that Mr. Bond bad not duly served his articles of - clerkship pursuant to the 22d Geo. 11. c. l• 4; and secondly, that he had been irregularly ad- Silted, no certificate of service from his master having been produced. The principal Affidavits on which the r application was made were those of Mr. Thomas Win.. glue. an, attorney of Plymouth, and a Mr. Tinto* Casten. The affidavit of Mr. Wingate stated that Mr. Bond was in. the year 'lBll articl-d to hini for live Years; that. at the end of the first iritieewmenths r f 'his service Bond left Plymouth., and wrist to Bath to see his friends, and that ow his return; owing to his turn 4 Wind and general pursuits. his aturadance at the pike became very irregular ; that be teased to hoard with Mr.Wingate as he had formerly done: th it he was frequently absent from Mr. Vs'ingate's service without leave, and that tie eventually lett such service, without having served his clerkship agreeably to the asticles.— Mr. Wingate further stated, that on his (Bond'e)'appli cetionta be admitted an attorney, he (Wingate) did not give any certificate of histaving served his clerkship, or in anyway assistirm in getting admitted. Frcns the affidavit af Mr. Cassen Sc appeared that that rerson had A claim upon .Mr. Bond of upwards of 2001. and that he had instituted proceedings against him in the Court of Exchequer; that he had 'mewed him on process Irons that Court. but had been defea'ed in his proceedings by none. having sworn-that he was a cer ificated attorney. The affidavit went oo to state, that Bond • had never practised as an 'wormy, but had taken out his ceitifi case nierelr as a 'protection against arrests; that he was well kno• n on the turf as a betting man; and that be carried his certificate about with hint to the different rim s, and when arrested for debt he produced it to the rilLers. The Learned Counsel stated that the appli. cation to strike Mr. Bond off the roll had been made at the instance of Mr. Cissen. in consequence of Mr. Bond having refused to accede to his terms . f settling some pecuniary transacti , ws bet we n them. Mr. Cassen bad s mutes. Mr. Bon I, claiming payment of a debt, with interest end costs, and also some costs in Chancery, which Mr. Bond denied that he. was entitled to; but Mr. Casten had told him that 4 4 if he was wise " be would settle immediately. He had, however, refused t.• pay the costs, and therefore the present apvlication bad been made against him. Mr. Bond had now made an affidavit, in which he denied the statements in Mr. Wingatr's affidavit, and swine that the reason fir his not continui..g to board with Mr. Wingate on his re turn from Bath was, that Mr. Wingate bad given up hoosekeeping, had left his w fe, and was cohabiting with another women, with wh m he lived in lodgings. He denied that his attendance at the 05ce wa, irregu. , ar. or that Le was ever atheist 'tom his employment, Witbolit the coolent of Wingate. who. lie stated, •as a person of low and picfligate hahitti, and so treqrsently in a state of intoxication, that he was dei . u. that bond sh . uld attend to the out-door business of the' office, he (Wingate) being unab.e to conduct ir. Mi., Bond also ;wow, that to the best of his remembrance and belief he did not criit the service of Mr. Wingate , until the expiration of his clerkship, and that prior to his applying to be aditintea p.i ittoiney in the year 1818, he informed Mr. Wingate of his inienti in to ap• ply, and that the latter then stated that he *fluid attend at the Judge's chambers, in order to re .der him the twee* sat y assistance; but finding after wards that lie • as unable to come to London he wrote& letter to h a agent. in which he requested that every thing necessary misht be done in nrder to pioci.s.t Mr. B ad's admission. The affi davit of Mr. Bond then wen . ' on to state, that Mr. Win. .. ate s letter was [modem. d by the agent to Mt . Platt, * clerk of the late Lord Ellenborough, who, on the ,undertaking of the *gent to produce a certificate in the anal form, granted the pi for admission. Mr. Bond *so stated that Wingate had never, UFA I the present amnion, alleged that he had been guilty of any irre sealer or improper conduct during his clef kship, and wever itated that there was any objection to his being admitted and practising as an attotney ; but on the con• wary, be had sometime since proposed to take him sato partnership; and, as an inducement to accede to the proposal, stated that be tWengate) had given, up his foreher bad practices, andwas now living with his wife. Mr. CAMPBELL and Mr. CHILTON were. beard in support Of the rule. • Mr. JOrric BATLEY said, that when an application ht this kii.d was made. the Conn would look at the !Marc! Iran which it tame—at the motives in which it origi rrared-orad at the time at which it war made. In des• charginglirp rale. the .Court would not prevent any fustare inacuigatinn raking Piace 7 to aicestain whether Mr. Bonthad or had not duly served' his articlei*Of cierk•bipilthd beets properly admitted. This applicalliia was Madeufet the lapse of ten year, from the, time of admisskfirNid it was made on the affidavits of two parries; %%gate and Cassen. 'appeared that Cassen's reason fur making the application was; that be..hird been Is ustrated sin °Manliness Trim of moory which .be de. minded from Bond. Wingate might be a tool of Cameo, and whets it was consideted that Cassen fitted from a base motive, it might be ilid of Wingate,. as Lord Keayonball said, under Cithilai circumstances—nu/ilia a reels. Mr. Wingate 's affidavit was, besides, vague and unsatisfactory/ and if he really ,had assisted Mr Bond to procure his admission by a subterfuge, without giving him a certificate, he was not a man particularly worthy of credence. As to the circunistanceot Bond s ceasing to board and lodge with him, B ifwhat he said wet true. had given a very satisfactory reason 'for it—which was, that Wingate bad ceased to keep house with his. wife, and had gone to live with a loose woman. It was true that no certificate of service had been pro . . duced tethe.Judge who signed theiset for the admis sion. but it was to be observed that,alshoegb the Judges were in the habit of requiring a certificate of doe ler-, vice and approbation of the attorney with whom the person applying for admission had been an articled clerk,' that was not necessary by Act of Parliament.— Lgoking at the whole of 'the circumstances, the Court thought that cher: role - ought to be discharged with costs. Rule discharged accordingly. : Dog, D 1 LllOll l 9. LEON. We have already stated the circumstances under which an applicadot bad beta abide to discharge rite Outlined bi . the derendant forlid nsenc 'Ufa the case of it - stigma.. . .- Mr. DENMAN to-day produced en office copy of tbat affidavit of wilder of the ejectment, from which it ap peared that the action had not been commenced within twenty years from Vie time of the supposed title of the less. r of the plaintiff ..caning. The Cover, therefore, dischsrged the plaintiff's rule. COURT OF COUVION J 414 31. sCo I T v. PITT. The defendant in this cause, •ho is Mr. Pitt. the surveyor of the Adelphi, moved in person for a tale, calling on the plaintiff to show csu,e why the proceed ings in this suit should not be dismissed with costs. His affidavit stated that the action had been brouaht against him aa a bill of exchange, or banker's draught (he did not know which the law would denominate it), which he had not paid, because he had teceived a notice horn another pasty not to do so. Another action had Ikea brought. against him on the same bill, at the suit of the other party, in the Court atf King's Bench, and as. he submitted, he ought not to be harassed wit't too ac lions uptsi ihi some demand at tl e same timl Ile trusted' that the dont wiiuld dismiss the proceeuings in thin wick cause with costs. In reply to a question from one of their L•ndshipr. Mr. Pitt stated. that the actions had been biought by different atomics. The Couar said, that upon Mr. Pitt's statement, he was entitled to relief from these double proceedings, but chat bemuse alter the terms of his motion, as the proper courseto pursue would be to order the,pioceeslings in this mile o be stayed until the action to the K stn's Bench thaw d be disposed of. Int.asately their Lordships granted elute to slniw cause why the proceedings in this cause should not be stayed until' the Wither ord:rs of the Court, and s 1 y .the plaintiff 'sl)ould n. t pay the costs. At one o'clock the Lotto CHIET JUSTICE at ;E the city at Nisi Prima. but no case of pu iiic lute:est was disposed of. PREROGATIVE COURT. JAN. 31. COLVIN AGAINST MI MI AND Willing The KING'S ADVOCATe commenced • his Argument this day on behalf of the executor, Mr. Dived Colvin. •hi penpounded an authenticated co ; y of the wilt if Mr.Farqubar, of the 7th t f Match, 1814, the of iginal of which is in India, wish a codicil s.f the same dace : The cats, be observed, was one of g , eat inrpo tance, not only as tespected the property in quest on (the actual - amount of the personal estate being abou 500,q001. the real estate about 60,0001.) but also on pablic gr. node, in respect to the priteCiple on a ach it was 'o be decided. It was a case in which - it was highly proper to•dismiss all anger and esasperation on either side. It was flatus el that some degree of feeling should be excited on the part of the administrator, who might thick the ext cut , sr had not dealt fairly with him in the first instance; hut when all the circumstances were confidered. it must appear that Mr. Calvin could not have performed his duty to the deceased and to all pa ties, if he had not propounded the paper before the Court, and he could not have recalled fhe administration colic, than he did, 'since he did not become possessed of the instrument till September, 1827. • There was nft room for suggesting that he had kept it back from Ms. Fraser, who knew of its existence. The paper propounded gave annuities of five hunched pounds to Mr. Fraser and La.ly Jr la Pole. besides other annuitiea; it also gave an increase of sally y to the Professors I f certain Universities of Sci thod ; and then po i vided.. that on the decea e ot the annul writs the Amount should go to. iocre.se the t • indite of the mtate, and be dlided mono the par , cheAl sch, 01. nos,tets all Over Scotland, in sums o' n-t less than ten pounds, beginning at Abeidee-. Up tot a date of this mil, therefore, the deceased in:enttest to make no pro. vi s ion for hi, other relations. T e may oil.er paper before the Court, executed by the dereuwitl, was the codicil of the 17th of Job. P 323, which made a dispo sition of the property ut Foothill, which tenor deg un iesoked at the to taint's death. Thane sere tracts of other testamentary papas. las October. lt:21 a pap r had berii matted by the deceased. by which an e,tive called East 'Mail was bequeathed t s Mews. NI rd. mer, se condition of their taking the name ot Falq liar, and a house in Gloucester-place to Mi. Wei... B this paper had beeti.destioyed by the deceased in 18V : From this paper, and the will befo•e the Court, certain draughts had been psepated by Mr. Colvin, and sus t to the deceased at Paris, bat were never nevoid by ham though considh.ed by Mr. Colvin to cotta n .he Inten tions if the deceased. The question toe the Celia to determine was. whether the paper velpounded con. tallied the a ill of the deceased ? This paper was com plete : it dieposed of the entire proreety s.f the deceased —it was regularly signed. sealed, a..d a tested; and if it bad been in the poseision at the deceased at the period of his death, might have been psosed in common form. Thee must be something, 'haricot, to stow first this paper had been resoeed and desttoyeo by the deceased. Di. Phillimores position was. tha is a Copy of ibis paper had been in the possessi it of t' e deceased. and was not forthcoining, slier:4o.r it w us de.. *posed by him. but this involv.d two p oposionn,— first, that as the sill was tost for: coming it was de stroyed ; destroyed, it was destroyed by the ..lea ceased himself. There was even another proposition involved—onamilf,thatif the paper had been desteoyed, and. by the testatkil was.to be preNumrd that ° c is s'e. %traction we Otiroestion of V. will of 1814; Dr. Phillimoue's argsferiblit.thetefore was to be tonnoetion three•presumptiont; supported by no evidence. There .mas no proof. of tbellestruction, much less of its de. steuction by.the taftetor ; these was no reason whatever - for presuming thethe'copy was not still in, existence; where an ipstrunwist Was traced into the possession of a le.tator, aad was 7 kilartid after I is death cancelled and mutilated. then the' presumption Might be t!.a it was his act; but-this Ma Li proved by the paper itself, or by persons who saW"ii; in the present case there was no proof of either kilo/. • The paper might have been ab stracted or.destroyeday the deceased himself. through carelessness or bfaceident, or it might be tied up null other papers. lithe millets was even is Mao, the Court would be unwilling to pronounie against a paper which Was certainly the will of the deceased in 1814. Theme*s lay upon the adverse party to show that the will was destroyed by the deceased. or to a4dace circuits. stances sufficiently strong to shift the ones on .he tree cuter. Where a testamentary pain' *as executed, as In this case, ha duplicate, which wai done to guard against accident, there was a Moll; presumption that the deceased intended it to have effect and operation. There was a material difference between the Ma of the execution of two original duplicate wills, and ,thaf of an instrument executed from iedraught, wltiellseo.ante • cancelled by the caseation of the .willi'and was Strad.% missible to proof unless thpvid bad been deettoyeil by accident. The paper propounded was a copy isiAtt • original will now awistiog ; and if it showed upotrtbe • face of it' deliberation—if there was * i ron, of tidbit. react m. it for a Coasiderabletime, and if there bad been tioebange of ikention, the Court could not allow any peeiiimptma ofa destruction to overthrow exia.ng an •smeat. lt was clear the from the first moment of Flour, per sack, 70s. 711. Rapeseed Us 17s per lad. LAST WSZE. thee Rye, Friglisli Ditto, Foreign Beans, lirogilek Ditto Feriiga Peak lingib!k 1.8130 j Ditto _ . , Fe .ma Far its • .. 2.440 English Moss. 848.18 . 4. 5 . 5 00 340 American ditto. bib. ;TOO SMITHFIELD ARKET, Fos. S. CATTLE, ST WARIEBT. Bouts 0.105 I Sheep 1500 I eigs 140 I Calves .150 Beet. • . 48 44 to Ss Od I Ve4 . . 58 . $4l is is dd Mottos . 48 44 Ss °Work . . lie Od es 04 Ho per, load,. AS Si. to 44 A. Closer £5 58.. to As -08.— &ter Al 100. to it les. . .. •• LIVERPOOL, JAL 31. There hes been a heavy import of Grain the last dew day* as erdl Foreign u from /related, with an eauseally Nmited dessasid • ler every article of the trade. The ~ay wYlsea ars mill resented PsaabasisiS beret in girlies of dm seetineed frees, and , the tows dealers avene to Mama their stocks whilst prises are receding. beat at te.tisy's marlin was vigils( at a re ' duds°. dam this day semdiba, of fad 4d. sad Oam Idi pa babel; Barley at is. to per leaner. and every 'ether ardde of trade, in eluding Mawr and sal, at proportions, rsdokdoo, mid with I"y Wit asst. . • st- =-'sus