The Statesman. — London, England, 1823-01-28 00:00:00

...... -• • • . . _ .. .. 1 4 , r.. kik . Cka ti .c .. .." .• .. • . . • . • Prit 4 \ s ' • ~ •-. ... . 'v " • r ....... . #• P P ..10 .1 v . • . k_k • k . ' • . . Ir l. 1 • I I .... ...m. ' . MO '. i . 1 V 114 . If• .) , .... .• , • 05 . 1 e ..., .... • ~•,. .. • . .... ~..:_....:. • ...... Ltio i41)011T, •TV ES DAIr, A`NI:UX*Y 28, NUMBER 5590 " 7‘e the Field, cad SYDNEY died en dr • Scaffold !" SURRY INSTITUTION. JAN. 17, 1131 N. Fcr 8, „our N will OW-street, pronisely, the ellsuirl. year, and on other business. TM ANNIVERSARY DINNER will be at the City./ London Tavern, on Thursday, the Silth of Feb. eessalesist 6 o'clock. His Royal Highness the Duke of YORK, President, In 11,„,sidi sidle Dew trial ordered. The faits of the case olgla ebortlySiese • James Law, and Scott, his son-in see Fl law, witb elle re, residing in the neighbourhood of Searboroo is Yorkshire, were prosecuted in the Court of Etc seiner, for having been enga,ral in a enmegliag transaction on the coast in that quarter? Se veral witnesses wereealled, who stated the. Law was aeon 'brutishe spot where the contraband goods were deposited en the sight in question. Win. Mead, in par ticular, one Of the witnesses, swore that be saw him them. In the sittings after last term. at Westminster, Win. Mead was indicted for perjury. at the prosecution "of Law, and, after a trial which lasted several hours, was Coy by the Jury. The Learned Solicito r . reow r ovum ,martrial. en the ground tbat the for ,ar v as contrary to evidence, 1 The Loan Cater JeSTICE read in detail the notes of ,Ip ille11 :4 Ti. LiCITOR GENERAL then entered at length into tie ',laminations of the evidence given by Law in the Biel of the defendant. The whole question was whetter I satt.Late vast tie salt pain, thy-pimp sear the coast Widerthe geode had been removed. He eadeammred talietow that the Recount which Law gars of himself, on tie 'Fight in question, was improbable. He ronsiaded Cantry that Scott's account of himself was contra eted fsi the trial by two witnesses of unimpeachable 4hatteter. One of the witnesses for the defence mated, that on ib sight in question ho -bought several tubs of spirits from Law. It was furtiter sworn, that law en *avowed to have a charge hatched up against Mead in order, Arlie tholtght, to disgrace him at a witness. The learned Gentleman said he had an affidavit to contra 'diet a material part of Law and Hogg's evidence. Law stated on the trial. that on the night when lie was 'stated by Mead to have been at the salt pans, he had beep engaged in loading a waggon with wool ; that he wentirlth it to Pickering, and that he bad then pro ceeded to Hausbley Wood. He had an affidavit from a man, who was constantly there, to show that Law had sot been at Hatable" Wuod for a week previous to the time he mentioned in his evidence. He hail also the af fidavit olantan, who stated that he saw lAw at Picker. ing, and•that he (Law) told him that he had been at a run the night before. The CHIEF Juseics —We think you have stated enongh to entitle you to a role. The SOLICIT , X GENERAL expressed a hope that the defendant would be admitted to bail, as they were ready to give hail to any amount. The Cum Justice.—Lo you make any objection, Mr. dopes ? Mr, P oxes.-1 think, my Lord, it is better not to ob ject. as I fan en the part of the Crown. TheVitteiJustaca.—l think you are right. Let the defendant he admitted to bail, himself in 5001., and two sareties in rani. each. _ THE PROPRIETORS and SUBSCRIBERS are • respectfully informed, that Da. Cowen will Com . limner a COURSE of LECTURES on MUSIC. on Far , bar the Itlst instant, at seven o'clock in the evening pre. eleely, and continue them on each succeeding Friday, until Weespleted ; and 1 That Mr. CHARLES WOODWARD will commence a 'COURSE of LECTURES on ELECTRICITY and PNEUMATICS, on TOESOIT the 4th Of VEBRUARY, and -;Mvittinue them on eteh succeeding Tuesday, at the Caine Ibour, until completed. KNIGHT SPENCER, Secretary. Ch.li. ROBERT CROSBY, Secretary. , Dooms et places, aver. Moe. Thy house, and (in the-cep of life, That honey-drop) thy pleasing wife. SOCRATES, by his discourse on marriage, so raptured his auditors with the subject, that the married: men Sew to their wives, and the bachelors hastened to.bo wedded ; and " The Spectator" has aimed, that the word " wife" is the most agreeable and delightful name in nature. . The sacred institution, then, of marriage, compasses the desideratum of our enjoyment ; teeming Sot ealg withimp piness ea earth, but disposing the sod brelhirimmerstal with bliss hereafter. Previous, however, to entering late this bellowed oblige tiom it becomes an imperative duty, not Only to regelate the passions, but to &mne the grosser nature from thews ins- purities, which the freedom of unrestricted pleasitraiaay have entailed upon it. To the neglect of such attesikin dire; attributable many of those hapless lastenoek, which, 'Mk . they excite the commiseration of the beholder, &mild !Oa impress him with the fear of self-reproach. I.uxurions habits will effentinize the body—a residence is the tropics will relax the elastic fibre—bet vow's espeeianly. does the premature infatuaEon of youth too fitipti.etly enrol= promise the natural dignity into a state of inanition. frost I whence the agonized sufferer more than doubts the chant, iilf relief. To all such, then, we _address ourselves. offering hope—energy--muscular strength—felicity ; nor will, oar advances appear questionable, sanctioned as they are by the multiplied proofs of twenty years successful experience. The easy cares of married life, are sometimes disturbed by the suspension of those blessings which concentrate the nuptial wreath—for the female habit is often constitutionally weak—yet it can be strengthened, and deficient energy iL proved in functional power. In every case of syphilitic intension, as well as in every relaxation of the generative economy, we pledge our ability to cure speedily, and with effect. Earnestly solicitous tb expel the unfeeling empyric from the position so presumptu ously taken up, we desists from general principles with less hesitation; and confident in our own honourable integrity as Members of the College of Surgeons, we refer the suffering community of either sex (especially those entering into ma trimonial life) at once to our house, where daily attendance is given for personal consultation , and letters frisk! the country are immediately answered ; these must contain a remittance for Advice aadMedielne, which can be forwarded to any part of the world, however distant. GOSS and Co. M. Surgeons, No. 7. Jermyn-street, lit. James's and No. Bouverie-street. Fleet-street, Liindoa. Just published (Fiftetinih edition), Tie JEGIS of LIFE, a famillarebiamentary on the above Diseases. By GOSS and Co. Addressed to the Youth and Maturity of both Sexes. May be had at 20, Paternoster-row ; 60, Pail-mall • 10. Princes-street, Soho ; 174, Fleet-street; and of all B ooksellers. Pries bs.• AT REDUCED FAKES, TO:Dovsi, DRAL, RAMSOATE, MARRATR AIM CANTERBURY . • Four blade Coaches, sod hoop good Soo, by S. A. MOUNTAIN and Co. SARACEN'S HEAD INN, SKINNER-STREET, Asov-nis.u. LONOttt4. followleg LIGHT POST COACHES, ho. set out from the above Inn:— . tlmequalled travelling by the Champion, a new light day Coach to Doreaester, in 14 hours only, through Bagahot, - Illaelwater. Basingstoke. Whitehurch, ()Tenon, Andover, Softbary, Woodyeats, and filandford.—The Proprietors of the shove Coach are determined no expense shall be spared o render it the first conveyance on the Western Road. The "Telegraph," Dover, Deal, Ramsgate, Margate, tanterbary, Faversham and Sandwich new post coach, every morning, at a quarter past seven o'clock. In eorisequenee of the decided preference given to the above coach, the proptfietors are determined no expense shall be wrest to render it the first conveyance on the Kent road. The "Union," Southampton, T.ymington, Lyndhurst, Wleehester, and Basingstoke, Hartford-bridge, Blackwater, and Bagebot new four inside coach, every morning at 1, past ; arrives at the Coach and Horses, Southampton. by live. This Is a most delightfld conveyance to the isle of Wight. Jersey, Guernsey, St. Melees, Havre di Grace, therbarg, he. ThaProprietors of the above coach hope to receive a con ,tisuance of that support which has hitherto been experienced since the commencement of the " Union." No racing with ether coaches. • Bath and Bristol post eoaeites, through Chippenhans, Caine. Marlborough, Newsbury and Reading, every afternoon, at one; arrive at Mr. May's. the Grey ''. )round Inn, Rath, and the London Tavern, Thomas-street, Ind Swan firiatol, early the next morning. COACHES TO WELLS, MRIDGEWMR, T•UNTON, SNP PLYMOUTH. The "Umpire," a new Liverpool light coach, only one night on the road, carrying four inside, sets out daily at one; arrives at Liverpool next afternoon at five, through Wo burn. lAthhury, Northampton, Welford, Lutterworth, Atheratone, Litchfield, Stone, Newcastle, Knuts ford, Warrington, and Prescot. • Shrewsbury, Wellington ' and Shiffnal light post epoch, every afternoon. Guarded. The "UniAn," Weymouth, Dorchester, Blandferd, Sails bury,. Andover, Overton, Basingstoke. Hartford-bridge, Slack's's'', end Bagshilt, new post coach, every afternoon, tritb two coachmen only. Paetlos tea Werth tos faiiarsou,l'oraiy. Cherourg,. tilt. IKtdead. *g. every WoftniftsataWasbarday kfloilfame at Y o'clock. - Beaton, Horncastle, Spalding, Peterborough, Stilton and Hontiagdon day coach. to Spilshv, Louth, Grimsby and Hull. morning at 6 past 6. The oiriy day coach to Bostoa and Horocastie. TLe " Express," a new light four Inside post coach to Carlisle, Peurith, and Whitehaven ; goes with Tear horses and a guard all the way • passes through Brawls. Appleby, Greta-bridge, Richmond, Catterick, Boroughbridge, Wetherby. Aherford, Ferrybridge, New ark. Doncaster, Grantham, Stamford, Bawtry, Greetham, Stilton and Biggleawade ; sets out every morning, and performs the journey with the greatest facility. Passengers detained on theroad by haMness, or pl . have the peculiar advantage of their seats being secured in the next coach. Kendal. Lancaster, Prestos, Kirby-Lonsdale, Bolton, Chorley, Ormskirk, and Garstang light post-coaches, every afternoon. Mr. Josai hoped that their Lordships would direct the parties to give notice of hail. The Cuter J 'Anat.—You are entitled to twenty-four boors notice. The defendant left the Court In the custody of the 'Marshal ,of the Court. .; TXs inpi'v. TRUST. a bookseller's shop near If *P. at tire rldirrlsi informatinnAled against hilts • r. ex-offitio, by the Attorney lieneral, fur selling " Pal. titer's Principles of Nature." Hr appeared, and pimpled not polity, awl gave hail. Notice of trial WAS e'en him for tbr fittings in London; after which he obtain ed a copy of the information, and left the Court accom panied by his sureties. e defer \ [ant. who JURY COURT, EDINBURGH, JAN. 20. ' Chester, Newport, Whitoehureh, Torporley, Namptwich, Northwlch, and Middlewich, light post-coal every after- DOOO. Wakefield four-inside post-coach, called "the Express," every morning and afternoon. The " Royal Express," to Manchester, Winslow, Con . gleton, Newcastle, Walsal, and iVolverhampton new four inside post-coach, every afternoon. Only one eight on the road. • Dover and Canterbury Light Post Coach, every Evening at half-past b. Ditto, every Morning at half-past 6. The "Royal Express," new Birmingham light post coach, sets out every afternoon, carrying four inside only, passes through Warwick, Leamington, Southern, Weedon aid Daventry, to the Saracen's Heed, Hull-street, Birming ham, next morning at half-past 7 o'clock. Sunderland, Stockton and Yarm light post-coach every morning, to the George Inn, Sunderland. Salisbury Post Coach, to carry only Four Inside, through Staines, Basiogstoke, Whitchurch, Andover, &c. every Morning at 7. The " Royal Eclipse," Falmouth, Plymouth, Exeter, Truro, Dodmin, Penryn, Asbharton, Totness, Weymouth, Dorchester, Dartmouth, and Salisbury, every morning, at seven, through Bonito's, Axminster, Hridport, Blandford, Stockbridge, Basingstoke, Hartford-bridge, Blackwater, and Bagshot. The " Champion." a new light four inside day coach to Dorchester. Biandford, Salisbury, Andover, Overton, Ba singstoke, Blackwater and Bagshot. Notwithstanding the uncommon expedition of this crutch, his allowed to be the most agreeable and complete public conveyance on the north road, being unequalled by any other. Harrowgate and Ripon new light post coach, every after noon at four, and eight in the morning. Coaches from Portsmouth to Chichester, on the arrival o the Mail, through Emsworth, Cosham. &c. to Bognor. The " Royal Express," new light four inside post-coach, to Liverpool, Warrington, Knutsford, Stone, Stafford, and Litchfield (only one night on the road,) every afternoon ; arrives at the Saracen's head inn, Dale-street, Liverpool, next evening. The " Express." to York, Searberough, Whitby, Shields, Sunderland, Newcastle and Erlinher;%, a new 4 inside light post-coach, with a roam t; l eo thr hn u t ; , :ets out every morning at 8 o'clock, by way of Newark, Heir Donessier, Fer eybridge, Tedcaster, ihrlington, NorthAllerton, Morpeth. and Berwick, and arrives at York the next morn log et 12 o'clock Passengers finding themselves fatigued on the journey, may reel what time they ple.se, and turn proceed on without any additional fare. Barnstaple end Southmolton new light post coach, every Monday, Wednesday and Friday mornings at 7 o'clock. •. Luggage and Packages to Leeds, York and Doncaster at only two-reeice per lb. S.A. MOUNTAIN and CO. respectfully acquaint theft Friends and the Public, that they will eot be account able for any Parcels, Passengers' Luggage. Writings, Plate, as. of more then Five Pounds value, if tvtt, stolen, or da maged, unless entered as seeh, end the Insurane.a paid for asteordingly,.at die Sumner t4•Cd Inc, Snow-hill, Louden. -~-.- Yr' t Irk : • 4a l "' ..r.. y .~,. ....s. w .+.~ •ritfis•:ittCE , . Mt. Kennasnort stated the ease for the pursuers, and called aix witnesses. • Mr. 3Ertner opened the case for the defender, and adduced three or four witn ; when Mr. Solicitor General was heard in reply for the pursuer. The LORD Crust COMMISSIONZR (the presiding J edge) summed up the evidence to the Jaty at considerable leneth. • The ;nrv, after retiring for twenty 'Diorites, returned a verdict, finding for the defender en all the Ames. Counsel !Jr the pursuer, Mr. Solicitor Hemel *nil Patrick Robertson, Esq.. • 'Agents, Messrs. Canspbe lb and • Mark, W. S e e-Counsel for she defender, Francis Jeffrey, Henry Cockburn, and. Arch. Alison, FAttra..; Agent, Mr. Jame' Swan, W. S. This trial created 'an uncommon degree of interest among mercantile people both in Edinburgh and Leith, but particularly of the latter place, many gentlemen having remained in Courtduring the whole of the trial, which lasted till half-past eight at night. The Court was excessively crowded. lea remit eese, tried innientrily before the Sheriff, at the instance of the Procurator fiscal, igeinst DaWd Pat. tullo, tenant at Dalragon, the defender was instil/. 3:. and expenses, for taking a gentleman's gun from him while hunting over his farm. his a prevalent opinion. that poachers or other persons hunting upon a gentle man's property without his permission, may be jristh. flatly .deprivetl of their tire arms; but this decision shows that this notion is erroneons.—(Duadee Ad vertiser.) The present very severe storm is likely to occasion the d?struction of much of the g-arqe in this quarter, as welt from the want of food as from the cruelty and ignorance of man. The country is swarming with poachers. Two of these fellows destroyed ne fewer than eicbt and ano ther seven hares in one day: and, could the number killed during the storm be ascertained, it would be f,utnd to exceed all that were destroyed dating the hunting season. Unless a remedy be applied, the game, if the storm continues, will be so thinned as to require years to supply the waste. By the Scottish acts 1621, cap. 32. and 1635, cap. 20, which q i im still in force .a penalty of 100!. Scots can be levied on those who &may hares in time of snow,—a penalty which might deter both the ignorant poacher and the qualified sporte , man, who is equally liable. The practice, indeed, hes been carried to such an extent, that, we understand, the Surveyor of Taxes means to make an example of ses veral of the transgressors, both quslified nod ungeali• tied.—(l6id.) It appears by the recent insolvent Debtor's Act, that* clause is contained therein, that the assignees of military men receiving full or half•pay, hate a claim to a certain cgs tent, on the said pay of the insolvent. and should it be re triired, assistance is generally given by the Secretary at War for the recovery of the same. • A fire broke out on Sunday night, at the house of Mrs. Blisset, Lieanmont-row, Chelsea, owing to the im prudence of it servant girl, allowing a boy four years old a candle, by which the bed furniture was; set on file. There was on miter person at home but Mrs. Blisget, who is infirm and the girl, in her fright, ran off with the child. The intetior.of the house, and Le greater pert' of the fofsitute, were cossaimed. No *lel it was tn . cured. • • DI Brat Prae.,—Saturday night a destructive fire bruise out iu the frernises of Mr. Ludgay, sail-maker sad ►fi_h-street, Wapping. It was first observed by some strangers who were passing in the lower part of the premises. An alarm being given, the inmates quitted their apartments just in time to save themselves. Conside rable property nes got out, but some of great value was destroyed. A number of engines arrived, and played very rapidly. but they could not save the premises: in less than half an hour the front of the house gave way, and the roof falling in, the whole became a heap of ruins. The house of Mr. Mutart, the Ship Tavern, on the one side, was very se riously damaged. The Ship and Pilot, on the other side, was also injured. On Saturday evening two seamen belonging to the Cathe rine brig, lacing at D•vis's Wharf, Horsleydown, named James Wilkinson sad John Jackson, retired to their births for the night, leaving a charcoal fire near them. On Sun day morning Wilkinson was discovered quite dead, and his companion in a state of insensibility; the latter was con veyed to St. Thomas's Ilospital, where he now lies with little hopes of recovery. Oa the afternoon of the same day another of the crew fell and broke his thigh bone ln'two places. Last night an Inquisition was taken, at the Coach cra Horses public-house in Conduit Strew., Bond Street, on the body of Peter Bailey, EN. The deceased, nn Thurs day night, sent for a coach to take himself and Mrs. B. from their house, No. 'J, Cumberland Place, New Itoatl, Mary-la-bonne. to the Opera House. When the coach arrived in the New Street, near Hanover Square, he ex claimed to Mrs. Bailey, "Oh, Mary:" laid down his head and expired instantly. She called to the coachman to drive to some Doctor's shop. - The coachman went to several, hut found none at home, till lie came to the house of Mr. King, in Hanover Street ; that gentletnan had the deceased carried into his house, and, for the satisfaction of NI rs. Bailey, he attempted to bleed him, nut life was entirely extinct, and no blood would flow. — The body had been opened, when it was discovered that the main artery from the heart had burst, and filled the cavity of the heart, which produi-ed instant death. 'The dec. ased was 411 years of age.—Verdict, " Died by the Visitation of Gun." On Saturday' last an inquisition was held at the Pitt' Head, Tyson Street, Bethnal Green, on the remains o • Joseph Moses, Esq. a stock broker in the. City of lmn• - don. The deceased was of the Jewish persuasion. The wife of the deceased stated, that her husband had been for more than three weeks in a state of mind the most distressing that could possibly be conceived, which attributer to his losses in funded property; during each day for that period he had been in a melancholy state, and at night could not sleep lie irequently got out of his bed and traversed the room for halt an hour together, and by his sielis and groans convinced her. that his mental sidferinri were very great. 01 Feld y morning list, after a very restless night, the deceased rose from his bed, about seven o'clock, and went down stairs. During the absence of the servants lie suspended himself bye cord from a staple, which was fastened in the wall of the kitchen; and aftea lie bail bung about five minu'ca 1.• uas discovered ano cut down; his face was discolour ed, and he appeared quite lifeless—there was no breath ing or motion of ti.e body. Medical aid was immediately coiled in, but every exertion to restore animation proved unsuccessful. She was convinced the deceased Was i • sane at the time he pmt in mad to his existence. Verdict /luau it . ,;•. HINT!? EXTRAONDINAIIV :—On Wedne•day, the 13t1; inst. the wile ofJusrphrew, a labourer. smiling at Nunea ton, was safely delivered' offenr children, two I two female-. Soon after their birth, they were be) the It. Hugh I I ught s ; their names were Fel ~,, Patience, awl ("airily. Tim soother, we undersign lair way of recover) ; but the children did not; than about twelve hours. As soon as possible deal', a cal.' was made to contain the I;odiea ; wi hundred pdrauha haveealled upon the parents witness by extraordinary a sight. d Caen which 11 . BA fell us a : • - 'OE for . GENERAL .111 T of VEIL of this INSTITV.! be holder's! City of Loudon Ts ma, Ilisherfe• . on Thursday. the 10th inst. at one o'eleolt. for the Election at a Committee and Ofiloers for r at .‘ arlont • mnles and aptised by rills, Ho a re, Mid. in a lit, more after their itnesereca I oiler to COURT OF CHANCRRY..—MosoAr. cot:main - Ctn . :too . Ka. _ The LORD CHANCELLOR gave judgment in this case. It was an appeal from the Vice Chancellor's decree, and arose thus:—hv articles dated the 16th of September, 1812, James ltultinridge; Thomas Rowland, tteorge Mansell, and William Cooke, agreed to carry on the business of a coach-maker in Liquorpomhstreet. in co partnership •from the Ist of Mosey, ISII, for the tenn of seven years, These articles contained various provi sions, and among others, it stipulated that in case any one of the partners should die before the end of the term, the surviving partners should carry on the trade for the benefit of the personal representatives of the partner so dying. It was also provided that at the end of the term the whole of the stock, which consisted of leases, materials, and agreements for supplying various customers with carriages fur certain periods, should be divided into shares, and be theproperty of each of the part ners, according to their several interests therein. The event first provided for had happened in the, death of Mr. Cooke, who met with an accident which terminated his life. Previous to his decease be made his will, of which he appointed his son with others, executors. They were invested with an authority of the most extensive description, and bad full powers to deal with the testator's estate in such a span, nor as they might think beneficial. The testator dis posed of his property among his children in various shares. An arrangement had been made which the parties intended to he in perfect good faith, but it seemed it was one sOiich the policy of the Court Gould not recognise. Mr. Cooke, the testator's son, had, in his capacity of executor, solo to the surviving partners the interest of the testator in the partnership, and he had subsequently bought that share back again, and by new articles had been admitted a partner in the trade. The stock had been valued as well, perhaps, as it could be, and amounted to a pretty large sum, which bad been paid. It was for the Court now to see whe ther what had been done could stand, and to this his Lordship had no hesitation in giving a negative. It was impossible for the Court to shut its eyes to the nature of this transaction, which was of that sort it never could admit of. Persons invested with the character of trus tees could never be permitted so to deat with trust estates that any advantage could result to themselves. It re mained, therefore, only to be considered whether the sale which had been made was for the benefit of the legatees -ander the testator's will ; for this purpose it should be referred to the Master to ascertain that fact, and whether the persons so interested were still desirous that it should be confirmed. Unless both these points were satisfac torily reported, the sale must be void, and the partner ship pronounced not to have terminated with the death of the testator. The Vice Chancellor, in his decision. had seemed to think that the sale was not had in itself, if the parties interested had consented; and it was upon this point only that his Lordship differed from him. If the matter was not an anged by the parties, there was nothing to be done but by ping into the Master's office. ,Jr. Haar hoped that the goal sense of the parties would enable them to get out of the :44%ter's but they must first be in it. As it had happened in the rase of Aleux's brewery, as soon as thq got into the blaster's °Dire, they sat► they could iicike a better arrangement fee themsel►es than he could inske for them. _ . . ..... . The Loan Cu ANCELLOR said he wished it to be under stood, that he cast nu blame upon the parties fur what they had done, there was nn &mitt they were actuated by proper motives, hut they had endeavoured to do what the Court could not sanction. COURT OF KING'S 13ENCII—MONDAY. THE KING V. MAD. The SOLICITOR OeresoAt. moved for a rule to show cause why the verdict in this case bold not be set GTBSONS V. MARL. In the month of June,lB2o, Mr. James Mart, torn merchant in Leith, sent a sum of money to the Commer cial Bank's branch there, among which was a one pound note of the Bank of England, which was re fused, as being a forgery. Mr. Marr, thereupon made inquiries at the Bank respecting it, and found, that the note in question had been presented at the same Bank, by Messrs. Thomas and Robert tlibsoos, merchants in Leith, the pursuers in this action; that its number and value were entered into their cheque-book of' forged notes; and that the teller of the bank hid marked on the hack of the note itself the date of its being . presented (I ith May, 1820) by the pursuers, adding his initials.— Mr. Marr consequently adplied to these gentlemen for payment of the value of the note, which bad thus been traced to them, but which they refused. Ile therefore brought an action before the Justices of the Peace of the county, to recover the money. The Justices, how ever, on the 10th ofJuly following, dismissed the action, as incompetent for them to decide upon, and recommend ed Mr.Marr,to apply to the Sheriff orguilge Ordinary of the bounds. Immediately after this, the Messrs. Gib sons brought an action against Mr. Marr for defaming their character, in accusing them of uttering a forged note, knowing it to have been forged, a crime which the law visits with capital punishment, and concluding fur 5000/. dama ges. The following are the issues, which were this day submitted to a Jury to try the cause :- Ist. Whether, in the month of June, 1820, or about that time, in the town of Leith, or upon Leith Walk leading to Edinburgh, and in presence and hearing of James Fred. Donovan, some time before superintendent of Police in Leitli, and of Timothy Lane, cn• reliant in Leith, or one or other of the said persons, the defender dill falsely and injuriously say that the pursuers hail i•isueil a forged Bank of England note, knowing the saute to he forged, which note had come into the de fender's possession; or did use or utter words to that effect, to the injury and damage of the said pursuers 2d. Whether, on or about the 10th day of July 1820, at a Court held at Edinburgh, by the Justices of Peace for the county of Edinburgh and in presence and hear ing of James Gibsons, Esq. and Wan. M•Farlane, Esq. justices of peace for the said county,and in presence and hearing Oa number of persons then and there assembled, the defender did falsely, maliciously, and injuriously say, that the pursuers hail issued as genuine, a forged note of the Bank of Encland of the valise of one pound, after the pursuers hail been informed that the said note was forged ; or did use or utter words to that elect, to the itillry and damage of the pursuers: Or, 31. Whether the defender did apply to the said James Frederick Donovan as an oth,:er, or is, having kern an ollieer of police, with a view to recovery of payment of the aforesaid forged note; and whether tile defender bad geed probable cause in stating to him that the purifiers had issued, or caused to he issued, the said forged note, kuouig the same to have been forged: 4th. Whether, at the pleading before - the Justices of Peace for the vounty of Edinburgh aforesaid, the de fender bad irood probable cause for stating that the pursuers had issued, or caused to b- issueJ, the said tweed note, merited No. 11,243, after they had been infertned by the Commercial Bank that the said note was forged . ? • - • •._ `,l IT