Star. — London, England, 1821-03-09 00:00:00

ELECTION OF AN ALDERMAN. y es terday, in consequence of the resignation of Sir yArroEw IhrmAra, the late Alderman of Bridge Wardmote was held in Fishmonger, for the purpose of electing a successor to the gown. Th e LORD NfAvoa presided, accompanied by the e iyal City Officers. M r . TILL proposed, and Mr. BenTRANt seconded, gi..GARRATi who had been invited to stand, by a o jrarity of the inhabitants of the Ward. Mr. Bevimorom aid Nis. Pewrents proposed and seconded Mr. Sheriff WILLIAms. Mr. GARRAT then addressed the Meeting. He w ould give no political pledge; and with respect to hispohtical opinions, he would say, that he was nei ther a Whig nor a Tory, nor anything by name ; but O l e were elected to the office, he should think it his may, as a Magistrate, to honour the King, and to sm og the laws. Ile should think it his duty to sup partthe Government, lo long as he could support it conscientiously—(Laud and continued cheers). Mr. Sheriff WILLIANIS said he had been brought u p in the love of freedom, which would never dimi- D i s k with him; but it did not follow that he should, o n that account, not respect the existing Authorities. Ile had the approbation of his Majesty and the Go vernment for his conduct in office; and if he were re. turned, he s hould endeavour to abstract himself much more from par ty vlirics. S e veral other Gentlemen spoke on both sides. ne LORD MAYOR then put the Candidates in no snination, when the choice of the Ward was declared W have fallen on Mr. Sheriff WILLIAMS. A poll was demanded for both parties, which went on but slowly, as nearly the whole of the afternoon was taken up by l ong arguments between the Counsel upon th'i ad missibility of votes. At the close of the poll, the numbers were declared as fallow For Mr. Sheriff Williams - 23 For Mr. barrat . - 19 Majority - — 4 THIS DAY In consequence of the LORD Moron having to at tend a Cow t of Cennmon Council this day, the polling commenced as early as nine o'clock, and closed at 6even. It rill be seen that the number potted is very small: this is accounted for by the time that is consumed in examining the votes, which is done in e l e most. scrupulous manner. The Election, how ever, cannot be protracted beyond three days, that king the extent of time allowed by the,Act of Par frailest for the regulation of the Election of Ward Officers of the City of London. At the close of the poll this day, the numbers were declared to be as follow : Fcr Mr. Sheriff Williams - 55 For Mr. Garrat - 48 Majority • - —7 A Monument to the memory of Scotia's favourite Bard, ROBERT BunNs, is now building ; the plan is that of a Grecian Temple, having nine pillars 16 feet in height ; the situation selected is the Poet's native village. In consequence of the death of Mr. Coetwzmus ELLIOT, the title of Father of the Society of Writers to his Majesty's Signet in Scotland has devolved upon Mr. JAMtS CHALMER, of Abingdon-street, West minster. This Gentleman entered as a Member of that honourable Society in the year 1764, and after wards repaired to and settled in London, as a Scots Solicitor and Conductor of Appeals from the Judg ment of the Conti of Session in Scotland, at the Bar of the House of Lords. The Report of his Majesty's Commissioners for Building New Churches has been printed, in pursu ance of the order of the House of Commons. It states, that £20,000 ought to be the amount of the largest allowance granted for building any Church ; that the residence o 1 at least 1000 persons four miles from their Parish Church should be a necessary qualification ; and that since the formation of the Board, 158 appli cations have been made for aid, 45 of which have been rejected; and 25 applications have been postponed, from the apprehension that the Parliamentary fund will be exhausted by the completion of the Churches and Chapels they have already proposed to build. TIIEATIM.—OPERA HOUSE.—The forth coming serious Opera, Gazza Ladra," is said to be the chef 4 1 'teurre of ROSSINI, and the most diffi cult to pet form of any that he has composed. When given at Venice, it required thirty morning and as many evening rehearsals, before it could be produced. A general rehearsal of it will take place this night. Mr.and Mrs. CoUT TS have taken two pit boxes at the Opera, opposite to that prepared for the KING. DRCRY-LANE.—Last night, after the Opera of Lore in a Village, which again attracted and de lighted a crowded and brilliant audience, a new Farce, in One Act, called Mr. Tibbs, was performed for the first time. Mr. HARLEY, who sustained the principal character, exerted himself with great viva city, and produced a good deal of laughter, in his endeavours to provide a dinner for his 'fashionable friends, without money, but there was some opposi tion on the falling of the curtain; the applause, how ever, preponderated so Much, as to afford a fair pro mise of success. At the conclusion of the second Act of the Opera, Mrs. BEECHER (late Miss O'NEILL) entered Prince LEOPOLD'S box, and was warmly greeted by the audience. She was accompanied by her sister and some other Ladies, Mr. BEECHER, Mr. CALCRAFT, and Sir ROBERT WILSON. 111 - s. BEECHER came forward, and respectfully acknowledged the compliment paid to her. COVENT-GARDEN.—After the Play of Don John, last night, another adaptation from the well-known Novel of Kenilworth castle was performed for the first time. Mr. VANDENUOFF was the representative cf the Earl of Leicester, and Messrs. ABBOT and CONNOR distinguished themselves in an unusual de gree as t'arney and Michael Lambourne. FARLEY, as Foster, gave some of his powerful touches of natera With the greatest effect. Mrs. FA= was dignified as Queen Elizabeth, and Mrs. Vzsitto, as Amy (Countess of Leicester), was particularly interesting. The Piece was announced for repetition this evening, but amidst some di.approbation. The scenery was, as usual, picturesque and effective in the extreme. ZNOLISH OPERA.— MATIIEwes Country Cousins 2 1,' Ain attracted, last 11:1414, a numerous auditory.— the 'louse was frequently convulsed with laughter, And the ktenest sarcasm was conveyed with sttch altd gay humour, that it lost all the bitterness e it retatned all the brilliancy cf ingenious satire. tUMBERLANb LENT ASSIZES: 'THE KING, ON THE PRO CUTION OF CHARLES MAR QUIS OP QUEENS s'.ltRY, O. F. AND J. JOLLIE. This was an indict nent for libel, instituted by the Noble plaintiff against the defendants, who are the Proprietors of the Carlisle Journal. Mr. Aor.roxiv statzd the case to the Jury, and was followed by • Mr. COURTENAY, who observed that the Noble Marquis was the proprietor of several estates in a neighbouring county, and he was also the Colonel of the Dumfries-shire Militia. Now, the libel in question applied to him in both instances. The Jury would know that all Papers published in the conti guity of Scotland have a sort of leading article com prising Scotch news. In such an article the libel in question appeared, as they would see by the Carlisk Journal of the 17th of June last. It war preluded by a sort of paragraph of the most mischievous in genuity, which, however, was not made the subject of indictment: " The Dumfries-shire Yeomanry Cavalry assembled at Dum fries on Monday last, in order to be under training for twelve days ; and on Thursday the Dumfries-shire Militia assembled for twenty-eight days' drill." Afterwards came a pretended essay on political economy: " It has been generally allowed that of' the three grand divi sions into which our European dominions arc divided, the Scotch I are the most provident, and the most averse to applying for pa rochial relief. This results from an honest feeling of independ ence, which would submit to many privations before it could humble itself to obtain that sustenance which its owo labour did not provide for. The pressure of distress, therefore, must have been extreme, when, in spite of all these laudable preju dicelboth of education and habit, in many of the parishes in the County of Dumfries, the number of paupers has within these few years been considerably increased. One reason as signed for this lamentable change is the throwing into one large farm several small tenements, which respectably maintained four or five families in decent comfort ; the inmates of wnich, being thrust out in order to make way for the opulent holders are obliged to become servants or cotters to the latter. Thus a grade to pauperism is formed, that continually slopes in geome trical descension, until that living grave of independence , a parish workhouse, closes upon them, and swallows up all self -respect, and that pride and nobility of heart which is the best assu rance for moral and political virtue. " —The man of wealth and pride " Takes up a space that many poor supplied. • • • • • " Good Illurverrs ! what sorrows gleom'd that parting day " That call'd them from their native walks away ! " When the poor exiles, ev'ry pleasure past, " Hung round the bowers, and fondly louk'd their last !" " This pathetic description by the patriotic Goldsmith parti cularly applies to what has just occurred in the Parish of Cum mertrees, Dumfries-shire, by order of a certain Noble Marquis, who, deter mined to expel the small farmer from one of his es tates, which forms the greatest part of the Parish, last week ejected five or six families from their domiciles, which he burned to the ground. The poor tenants next day obtained shelter in Annan. The Marquis of Queensberry (continued the Learned Counsel) put an end to the existence of these beggars on his estate; and had he not a right to do so ? Do Messrs. Jollie presume to in terfere with a man's property? What would they think, were a King or any other Potentate to dictate to them what quantity of paper they should sell at once; and has not the Noble Marquis a right to do what he pleases with his own property, without being called to the tribunal of Messrs. Jollie? Again— .. We make no comment upon this. We merely give it as an article of intelligence : the Noble Nlarquis or his agents may possibly be enabled to justify this course of proceeding; but in the meanwhile we suspend our opinion. It may be proper to add, that an aged tenant and his wife were so affected at the sudden change of their prospects, at being driven from the place to which their heart-strings were attached, that nature gave way, and the hollow grave, more compassionate than man, received below what was ejected from above." Then comes the last extract from Goldsmith " Yes, brother, curse with me that baleful hour " When first ambition struck at regal power ; " And thus polluting honour at its source, " Gave wealth, to sway the mind with double force. " Have we not seen, round Britain's peopled shore, " Her useful sons exchang'd for useless ore? " Seen all her triumphs but destruction haste, " Like flaring tapers, brigbt'ning as they waste— " Seen opulence, her grandeur to maiznain, " Lead stern depopulation in her train, " And over fields, where scatter'd hamlets rose, " In barren solitary pomp repose? " Have we not seen, at pleasure's lordly call, " The smiling, long-frequented village fall? " Beheld the duteous son, the sire decay'd, " The modest matron, and the blushing maid, " Forc'd from their homes, a melancholy train, " To traverse climes beyond the western main r This, then, was the libel. Could anything be more mischievous? He called W. NANSON, Solicitor, who proved that he ob tained the Paper on the 22d of June, from Thomas Waugh. The publication and proprietorship were admitted. The alleged libel was put in and read, and James Birrell was called, who deposed that he knew the Marquis of Queensberry ; that his Lordship was the proprietor of several estates in Cummertrees, in Dumfries-shire ; that he had read the Paper in question, and believed the Noble Marquis alluded to was the Marquis of Queensberry. This was the plaintiff's case. Mr. ALDERSON, for the defendants, submitted that the case had not been proved, as no evidence was offered to skew that the Marquis had small estates in Cummertrees. His Lordship obviated this objection, by calling back (which Mr. ALDERSON opposed as irregular) the last witness, who, in his re-examination, deposed that the Marquis had several small farms in June last, the tenants of which were removed about that period. Mr. ALDERSON, after an eloquent and ingenious exordium, proceeded to analyse the alleged libel, which he allowed, had an indictment been preferred against them for want of taste, would have fully borne it out. There was some beautiful poetry from Goldsmith ; but he gave it as his humble opinion— which, however, might be controverted by his Learned Friend—that beautiful poetry was not libellous, at least he never heard of Goldsmith having been pro secuted for a libel. Having proceeded " thus far into the bowels of the case," he should look a little at its probabilities. He thought it would be allowed by his Learned Friend, that the defendants could not for a moment insinuate that the Noble Marquis himself had set fire to these houses, and ejected their tenants. it could hardly be supposed that, when lie ought to be drilling his regiment, he could be, not sword in hand, but torch in hand, consuming petty dwelling houses !—no ; he could only be mentioned as having ordered a simple ejectment. His (sir. Alderson s) Learned Friend had exclaimed, in the fulness of his indignation at this part of the case, where the defend ants say, 4 4 they make no comment upon Where do we •five, Gentlemen? Do we live in England ?" Why, be found we did ; and he thought a proof of it was in this very paSsige, which was a strong circumstance in favour of the defendants, that they refused to thake any tonitutirit until they had heard bdth sides, thinking that the Marquis might be right; but let them (the Jury) make the connection between this and the next sentence—" The Noble Marquis or his Agents may possibly justify h."- 015 Agents? He would ask again—Why Agents? Why, but because the defendants thought, as he thought, as they, and everybody must think, that the cruelty attending the execution of this ejectment, if' there was any, was the fault of the Agents, and not of the Marquis—that he could not he supposed to know anything about the circumstances until they had occurred, and that he did nothing more than , simply what he had a legal right to do, and which it could be no libel to say he had done—ordered the proper ejectment or his own tenants. This might certainly be construed into a libel upon those agents ; but no man could say, possessing common sense, that it libelled the Marquis in the least. The Nlarquis could not be supposed to have done more than merely give orders for the ejectment: any cruelty or impro priety in the mode of executing it, must, of course, be attributable, and was then attributed, to the agents who did so execute it. Had the defendants charged the Marquis himself with setting fire to the houses, and by a forcible expulsion causing the death cd an old woman, it might be a libel; but it decidedly stated the reverse by calling upon the agents to jus tify it, inasmuch as they (the defendants) very well knew the agents alone could have carried this or der (a proper and legal one) into execution. Wai it not the height of madness, therefore, to prefer art indictment on the part of the Marquis against the defendants, for their having simply stated, if they stated anything about him, that he had exer cised his legal privilege of ejecting his tenants?— That alone (Mr. Alderson contended) was the fair and proper construction to be put upon the language, after divesting it of the tinsel of eloquence and the flowers of poesy. But as there was no count charging the defendants with libelling the agents, he trusted the Jury would immediately give a verdict of acquit tal. " Gentlemen," said the Learned Counsel, in a strain of impassioned eloquence, " if you had a dear, a bosom friend, a friend whose existence was almost identified with your own—a friend who had che rished, delighted, and ennobled you—for the sake of a hasty word, said at an unguarded time—for an intemperate expression, the offspring of momentary thoughtlessness, would you visit that friend with the severest sentence and the heaviest punishment ? Or rather would you not kindly forgive him, and, in the language of gentle reproof, teach him to be more circumspect in his conduct? Such a friend, Gentle men, is the Liberty of the Press: by it you have po litical existence and intellectual enjoyments ; without it, you would be miserable slaves or ignorant sa vages : and should this be an error, why it is one of those venial, those momentary faults, which require, reproof, but not punishment—kind rebuke, not un merciful castigation." They would, he was sure, construe the language of the alleged libel candidly, charitably, and kindly ; and as there was every rea son to believe that it referred to the acts of the agents, rather than to • those of the Noble Marquis, they would acquit the defendants of any intention to libel the latter. As to the last paragraph, relating to the " grave being more compassionate than man," it could not refer to the dignified prosecutor, man being a generic term which cannot be applied individually. But supposing it could, still the reference must be to the improper and cruel conduct of the agents, and not to the Marquis, unless he is supposed to be the representative of the whole species. The last passage quoted from Goldsmith's Traveller, was not at all ap plicable to the case : it had nothing to do with the subject ; referring solely to the factions which dis tracted England, and to those individuals, who, having obtained fortunes in India, as the Poet insi nuated, by pillaging the unfortunate and helpless in liabitants, returned home to lord it as petty, and overbearing, and unprincipled tyrants. The Learned Judge (BasT) commenced his address to the Jury, by observing that the defendants suf fered nothing by their cause having been advocated by Mr. Alderson ; that no Counsel at the Bar could . possibly have said more for them ; that his eloquence was so great and perfect, that everything that could be said had been said, and yet nothing was said that ought to have been omitted. He then read the in dictment, and explained its nature. There were two questions for the Jury's consideration : first, Was it proved that the words referred to the Noble Mar quis ? and secondly, If so, were they libellous ? It they thought the libel applied alone to his agents, without the Marquis being at all referred to in any way, they would acquit the defendants: but he would read it to them. His Lordship then read the libel ; said the Marquis mentioned must mean the Marquis of Queensberry ; and also, by the generic term man, it was evident he was alluded to. Now, by Mr. Fox's Bill, the principles of which were opposed by many learned and high authorities before it was framed, the Jury were empowered to determine whether it was a libel or not ; his business was merely to state the law to them, and give them his directions. It they believed the paper calculated to vilify the Mar quis in any way, or to induce persons to think he had acted improperly, it was a libel. His Lordship eulo gized the Liberty of the Press, but said it had li mits which must not be overstepped : no writer had a right to trench upon private character, .or to set himself up as a censor, as the Courts of Justice, where both parties may meet, and at the same mo ment decide the guilt or innocence of either, were the only legal tribunals of character. If the defendants imputed cruelty or impropeiety to the Noble Mar quis, the Liberty of the Press could not justify them. His Lordship contrasted the state of freedom in this country and what existed at Rome when Galileo was imprisoned in the Inquisition for stating a great phi losophical truth. Now, in this country, any philoso ' ()Weal truth or opinion might be stated and sup ported without its being considered as libellous.— Sometimes too, in discussing political economy, a little latitude might bet allowed for occasional in temperance of expression, when there appeared to be an intention of instructing. On this case, he must again ask them----was the paper a libel or not ? The verses of Goldsmith, although absurd, inasmuch as they expressed opinions without having any reference to individuals, were certainly not libellous. if small farms existed, as he seemed to wish, it would destroy one third of the produce of the country. His Lord ship then said, the defendants, in suppOrt of their opinions, might have stated the facts, and said they went sorry the Marquis had acted In that way; with= out committing a Ii1;e1: But had they a right to gO on as they did, saying—" can the Marquis justify the act r The word "justify" was connected with criminality, and an inference would be draWn that the Marquis had committed a criminal act. To be justified before whom? Not the Courts of Judica ture, but a self erected tribunal—themselves. Eng land, he hoped, would never submit to such tribunals. 'lt was impossible to say this Was not a libel, or that the defendants did not mean to impute great crimi nality to the Noble Marquis. They had no right tci • say the tenants were turned out and obliged to seek shelter in Annan ; their stating that a tenant died is consequence, implied'cruelty on the part of the Mar quis, which was completely proved by saying than : was mot , : cruel than thz grave; evidersely meaning by " man" the Marquis. The lines quoted from Goldsmithoind the picture of desolation contained in them, were clearly inserted to cause a belief that . such horrors had been produced by the Noble Mar quis. His Lordship would he greatly mistaken i: the Jury did not call this intemperate discussion; if they did, they must give a verdict of guilty. He was glad that the Noprietots of Newspapers were subjected to prosecution instead of the actual writers; for, if they would make themselves censors of others, let them take care of themselves ; no inadvertence should excuse them. Are the characters of indivi duals to be sported with in this way ? His Lordship concluded by stating they had only two questions to consider-Ist. Does this paper apply . to the Marquis of Queensberry ? 2d. Does it impute cruel or im proper conduct to him? An answer in the affirmative would be a verdict of guilty. The Jury retired for about half an hour, and re turned a verdict of—Guilty. The following letter has been circulated from the Auditors Office, AlnK•ick Cagle, amongst the dif ferent Bailiffs upon the Duke of NORTHUMBERLAND'S estate, being a copy of his Grace's instructions to his Commissioners: St. James's-square, Feb. 24, 1112.1. " GENTLZUVII regret to learn, frum a variety of sources, the Increasing difficulties of the Agricultural Interest; but Ihave derived my information more parncularlsCrom several Petitions on this subject, which have been recentlf presented to the two Houses of Parliament. With the tcnour of these Petitions I fl,rd - - it impossible to concur, because experience has proved the in efficacy of a Corn NU (the favourite object of these Petitioners); add, above all, because I question the justice of an attempt to exonerate ourselves at the probable expense of that large por tion of our fellow-subjects who are engaged in commercial, ma- nufacturing, and trading concerns. - a I should, however, be a landlord unworthy of that just and - honourable body of men who occupy my estate in Northumber land, if I could hesitate as an individual to mitigate that distress which, in my opinion, under the present circumstances of th: country, no legislative enactment can with propriety diminish. " I desire, therefore, that at the approaching audit, you will return to.each of my agricultural tenants the sum of twenty per cent. on their respective payments. (Signed) " NORTHUMBERLAND." This was communicated on Saturday last to the farmers in Alnwick market, and received with loud and hearty cheers. SUPPOSED MURDER AT DEPTIFORD.—INQUEST.— Monday evening, an Inquest was taken before Mr. CARTER, Coroner for the County of Kent, at the Evelyn Arms, Lower Deptford, on view of the body of Mr. Samuel Richards, found floating in that part of the Surrey Canal, near Windmill-lane. There not being any medical man, or other evidence than the person who took the deceased out of the Canal, the Inquest was adjourned until Tuesday evening.— The first witness examined was Thomas Jones, who stated, that, between ten and eleven o'clock on Sun day morning, he was walking by the side of the Sur rey Canal, when he saw two boys looking at some thing in the water, which the/ considered to be a large Fsh ; however, upon inspecting it more minutely, it was discovered to be the body of a man. Ho im mediately stripped off his clothes, and brought out the body, and, with assistance, conveyed it to the nearest public-house, which was the Evelyn Arms. It appeared to have lain some days in the water. Deceased had no money about him, and his packets were turned inside out. The head was much swollen. —Mr. Smith, a surgeon, of Deptford, examined the body, and found several contusions on the head; they appeared to have been inflicted with a stick, or some blunt weapon : would not say they were sufficient to occasion death ; they were, however, certainly, in flicted before deceased had been in the water.— Mr. Franklin, the landlord of the Sir John Falstaff public-house, at Deptford, deposed, that deceased lodged at his house; that he had formerly been Com mander of the Aurora transport, but for some time past was out of employment. He was related to Mr. Thompson, a merchant, of Rotherhithe ; recollects, a few days before the deceased was taken out of the water, his leaving the house of the witness, to join one of the processions going to Brandenburgh-house ; was much surprised at his not returning, but heard ,nothing further until the circumstance of a body hav ing been taken out of the water came to his know ledge; he went and recognised the deceased as for merly having teen his lodger.—No other circumstance occurring from which it could be elicited by what means the deceased came into the Canal, the Jury, after an hour's consult:nit n, returned the following verdict:—" Found dead in the tenter; but by what means, or how he came there, is to the Jurors unknovn:' Another Inquest was held, on Wednesday, before the same Coroner, at Crayford; on the body of James Millar, a highly respected servant in the family of the Hon. Mr. FRAZER, at Bexley, in Kent. The deceased had accompanied his mistress to town, and on his re turn, having left his Lady in London, he sat on the coach-box, by the side of the coachman. When the carriage arrived between Cfayford and Bexley, the night being very dark, the horses went out of the track, and the wheels struck against some posts; the deceased was thrown off the box, and his head striking against a block of stone, he was killed instanta neously. The deceased had been very recently mar ried, and on the morning of the day on which he was killed, he took leave of his wife; saying, that he thought his happiness was too great to last long ! Verdict—" Accidental death." CORN EXCHANGE, MARL-LAYC, Mann 9--There have been but few arrivals of any Brain since Monday, in ‘unsegiience of which every article of.tine qurlity supports that day's prices, but 'the inferior descriptions met heavy sate, while prime samples of Wheat and Barley were readily disposed of. In Beans, l'eas, l and Oats no alteration. SMITH rims.o MARICIT, MARCH,.—Beef, 35.6 d. to 4s. 10d. per stone of Nuttosu, 3s. 6d. to 4s. 841. Veal, ss. Od. to 65.4 d. Pork, 4s. 6d. to Ss. 4,1. Lamb, Os. Od. to Os.od.—Cattleat Market Beasts, 400; Calves, 00; Seep and 1amb5;3,950; Figs, 130 i 1