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of O pinion, that whatever may be the reports is general circulation a . to the character of Mr. Thomas Pemberton, nothing as yet has b een proved against hint, and consider, therefore, that under these morni ranrea - illr. Lainbton will not degrade himself by meeting Mr. Thomas Pemberton. • Tyler their sanction, then, Mr. l.ambton accedes cheerfully to Mr. "'boom, Pemberton's mimeo, and leaves the time at.d pi e re of meeting to be fixed by the I ientlenteu acting as Seconds. • Lathbton Jan. Ili, 1821." LETTER. NO. 7. . .• Mv. I.ainhton haring refused Mr. Thomas Pemberton that sattsf.ctioo which one tiettletuan has s right to demand front an. aka. can have no further communication s :di Mr. Lanman. Sundirland, Jan. 10. 1824." Mr. lamSion has been infiucneed, throughout this affair, tarn by a sense of what was due to his own character anti station. lie It tlr..t he could not acowlede his equality with an 'Mi. victual ag:tinsi whom inch impu kntations g exi.vcd, without mocha step b e im maetioned by Gentlemen of honour and character. The mo. meat that Mr. Lainbmn received their assurance that be could do so irithnle personal degradation, his only and instant request to those tientleiten was, to give every facility to the meeting. They mud up wily to their instractions. and cannot be answerable fur the ref.,021 given by Mr. Thomas Pemberton. s..anday 31orring, Jan. 11, 1524. PRREI'OLOGIC.4I, OBSERVJTIONS ON THURTELL'S HEAD. The science of phrenology is every day gaining partisans, and many of thine who at first laughed at the theories broached by Dr. call, now lock to his banners. We are ghe' of it ; for their steps are upon ground the most inte rese.ng, anti of which we have hitherto, and perhaps as yet, known nothing. A science which embraces such vast spe culations—illumined as it is by wine light of hope, should not be turned from, upon a first view, but patiently attend ed to, through all its apparent or real absunlities, as the diamond-finder searches the earth in which the treasure lies. In the present state of this science practical observ ation is the best assistant, and therefore animals, who are, in general, the victirua to peculiar passions—and more par ticularly those guilty of murder, become objects of phreno logical Interest. On this account we attended the execu tion of Thurtell, and having received permission, examined the head two hours after his death. Although we differ in some points from the physician who also watpresetit, end who ..ve understand- was deputed by the Plutnolopeal So ciety to examine Thuriell's head, yet we have the mtisfac tion to think that we only diffe r u p on niceties—points of difference which must be ex by phrenological ilia cuscion, before that science can make any very decided im provemeut. We only observed five developernents; namely. henevo knee, form, destructiveness (very slight), combativeness, and amativeneas. The physician present with us, how ever, was of opinion, that the organs of ideality, imitation, sad comparison, were full ; however, we must confess we could rot perceive any particular developement of these organs. lie also was of opinion that the organ of destruc tiveness was fully shewn ; but again we disagree with him. It appeared to us that the organ of destructiveness was very slight indeed, that it blended as it were with comba tiveness, which was a little fuller, and that benevolence was entirety developed. We noticed a fulness (coin the junction of the nose with the forehead, extending back to the veneration. These are decidedly strong arguments against the system of phrenology, if we admit tfiat Thur tell was a cool and deliberate, malicious murderer ; for we must either do that or defend bhn, in accounting for his crime, by imputing it to a sudden impulse of passion. Mmitting that Thurtell's head exhibited the appearances we represent, he was, according to the definition of the Phrenological Society, a well disposed man, and they would lead us to think that he committed the murder under the influence of his combative organ, or from the united influence of that and destructiveness. And if his head exhibits what the deputed physician stated before us, namely, the organs of ideality, imitation, and comparison, nutlet' must have been formed of elements the most en viable. We know that he was a great imitator, and that he indulged in imagination ; hut we cannot allow that these organs appeared developed. We also know that ho was a murderer ; yet the organ which indicates the disposition to that crime has but a slight appearance, while benevo lence is large and full I—These arguments, however, should not, we think, be opposed to the system of phre nology ; rather should they go to prove that the unfortu nate culprit did the murder under an irritation of feeling and revenge, with which supposition the fulness of the organ of combativeness will bear us out. Cool and deli helve murderers are generally cowards • but he has plowed by des foamier is which he deported himself upon the scaffold and immediately before he left jail, that he was a courageous inan—one that could meet death in any shape ; and thin power belongs to the organ of combativeness. We meal perceive in his countenance when he was upon ,the fatal platform, that the feeling of irritation was working in his breast : his brow—his fierce eye—hies contracted lip— his firm step—all showed that lie was in such a state of saint!, that if he had then been storming a town, he would have laid many an enemy prostrate. From between the ()Thum' in the top outline, a great htlness is evident, anti along this line are placed the or of &re, form, and individuality. These agree with Dr. system, and whether Thurtell pomessed the corres ponding faculties of mind or not, we are yet uninformed. A continued fulness is observable along the top of the head at the juncture of the two parietal bones, from which cir cumstance veneration and finances may be imputed to him ; but from the anatomical structure of the head, at this part, we must differ from the definition given to the elevations which appear upon that part of the skull. We know that along the line or suture at top of the head, and inside the cranium, runs the longitudinal sinus always distended with blood ; and, therefore, the bones directly over the sinus can receive no impression from the brain • and as all the external risings upon the bead are produce d the pressure of the various convolutions of the brain, we can pay no attention to those appearances situated ever the sinuses. As our limits in one number will not permit us to dilate sufficiently upon plat nology iu general, we shall defer our observations upon this point until our next ; and conclude this article by ninarking that the new science has received no accession of strength in Thurters bead. Physiognomy, en the contrary, has more claims upon it. The narrow forehead, thick ey e-brows , small ey e s with fat sw e lling s under th em , l ong jaws, curled nostrils, thick lips with the antler one falling, thin hair anti cireuniscrihesllard, the lines of the checks and angles of the lips almost continuous develope the temper and disposition of the criminal far snore intelligibly than the present system of phrenology. —Medical Adviser. NOLET.T.—This man has had the impudence to appear on the Rot d Exchange, and to address a wine merchant whom he had known before his late exposure. It is scarcely neecsaary to say that his salute was received with contempt. We understand that it has been determined by his Ma jesty's Government to commute the sentence o f Hunt, for the murder of Mr. Weare, from death to transportation for life. No intimation of this merciful intention has, as yet, Bert given to H unt , w h o, to use the words of the Chaplain of the gaol, is " deplorably low spirited." The &Inge or the place of execution, Edinburgh, is not yet determined on, but we understand a model of an &pp:t rate: has 'tun din eted to be made for the approval of the Toss Council. it is not intended to erect it on the roof of the entrance to the Calton-hill gaol, but to project a half eircu:ar photon'', connec:mlsith th e t owers on each side of the gate, which would be seen a great distance on the road qi: atd west, witMut crowding the bill.—Seoferrune. tenor tat[ N r—Voe NT RY.—The annual commercial ytturat atterd a v er y grat if y i ng p i cture of t h e external r gpecu of the country. lints, although the export of -1 4 tr, embed and refined, from London, was equal to 4 i 4'9 hogsheads lies last year than formerly, still the' °Ube; of ,hogsheads on whi c h duty ha s b ee n p a id i s 1 .5. 404 more hat year than in 1822, making a difference of ' 44 ' l hogsheads taken for the into nal consumption of the c'a'nt, and w hi c h h as occas i one d t h e great i ncrease i n the aiLlat' R •rcnue. In the ports of the Clyde, as we for- I t riT noticed, Om increased consumption was 38000 cwt., le 'itt'::•3 upon whieh would amount to 74,2501. , —Slur. A hiter from boot rara, natal the 26th of November, e ilzet. that it was at that time believed the negroes had "tooled to m a k e . water attempt at revolt before the arri -I'4 olfac troop s which they learned were to be despatched r ..„ 411 , 1h it 4 i8. Several persons had, in consequence, been e— "lril before the Governor, but the particulars had l l'. then transpirtsl. The reiuforeement of troops from , " r ' i " would reach the Colony early in December.—Wur- VIIPPING INTRELIGENCE. The following are copies of letters received from the Ageot to Lloyd's, at Cuxhaven, dated Jan. 5, 1824 : " SI 11-11crewith I enclose you a letter this day addressed to me by Captain Moon, Commander of his 31ajesty's packet, Lord Dun can, Cu the subject of the two beacons hating been blown down at Sandy Island, which bad formerly been the guidance for shipping at lieligoland.—l am, Sir, Lc. J. DUTTON." " John Bennett, Esq. Secretary at Lloyd's, &c." " Cuxhaxen, Jan. 5, 1824. " DEMI Stlß—As it is highly necessary that it should be known to the different Comatinders of packets, and others who may make use of Heligoland Roadstead this winter, I think it sty duty to make known to you, for their information, that I observed, in going into that anchorage on the 2a January, that the two wooden bea. cons on Sandy Island, which are the leading marks to keep vessels clear of the Stein Rat, that lies in the fair way of the entsanoe be. tween the two islands, have been blown down by the late gales, as I was informed while lying there, and have not been replaced since. " I am, Sir, &c. "JAMES. P. MOON, " Commander of 11. M. packet Lord Duncan. " To J. Dutton, Esq., agent to Lloyd's." " Barcelona, Dee. 14. " On the New Mole of this port, which is building out towards the South 6. West, the distance of 212 Castilian toises from the commencement, and 30 Miser within its extreme point, a Light house has been erected, to serve as a guide to those who mar enter during the night, from which, to the point of the river Llobregat bears S. 25. W. of the point of the compass, the Signal Tower of 3loojuick S. 87. W., the old Light-house to the N. 20. W., and the point of the river Resat N. 33. E. (Slimed) " GERARD MURPHY, • " Captain of the Port." CUSTOM-HOUSE. JAY. 16. EYTIMED I)tw*lDl. Atalanta, Byrne (De Bit. broker). from Harlingen. Johanna and Louisa, Goateed:dm ( Castendeick. broken, Antwerp. Pietajinal Maria, Eggers (Simon, broker), ditto. Chreetwerce, Fournier (imon, broker), from Calais. Gustav, Gass ((aatendeiek, broker), from 3lemel. Sarah, Nutehey (Smith, broker), from ditto. Caledonia, Rae (Cartendeick, broken, from Stettin. Bolden, Burleson (Rule, broken. from Riga. Angerstein. 'ltotopson (Marshall. broker), from Antwerp/ General 31 urray, Clark (De Die, broker), from Antwerp. Jonge, Johanna seg ert (De Bic broker), from Antwerp. It! Lobbing (Haman, broker), from .intwerp. Morgenstern, Vern (De Bie, broker), from Antwerp. FROM LLOYD'S LIST. FALMOrTit. JAN. 14,--Sailed the Ellen Douglas, Rios, for Smnatra ; and Briton, Pederson, for :Sank& stotru, JAM. 14.—Arrived she Lord Exmouth, Barrett, front :kismet. PORIIMOUT/T. JAN; 15—Arrived the Three Brothers, Xygar, from Dsmt. Sailed the Louisa, Walker, for Grenada; Henry Porcher, Thompson, for Madras ; and Frederick, Wilhelm, for Leghorn. HAmSGATE, J. Is.—The Cornelius, of and from Sunderland. for Plymouth. get on shore last night on the North Sand Head of the Goodwin. and has not yet been gat uff: St ccral boats from hence are with her. end it is apprehended she will be wrecked. DOVER, JAN. it—The Louisa ha been got off Dungeness beach, without damage, by assistance of the officers and men on the blockade service, and proeceded on her voyage. DEAL J.ts. ls.—Sailed the General Harris and Berwickshire, Eastindianaen, with the rest of the outward-bound. During a thick fog, a brig tot on the North Sand Head, apparendy a coaster, where she continued at live r. sr. SiWE RN est, JAN. ls.—The %lercy,Olaves, from Neweakt for Charente, foundered" lath ult. about fuse issues from the Hal loper.—Crew saved bY the Prussian ship Naked, and brought here to-litr: by the snack Hope, from Fahrsund. Liust. ESE ND, JAN. 15.—Arrived the Hottentot, Lindsay. from Ilassnnah; Htralng Star, Frier, from Antwerp; General Murray, ('lark, front Autwerp ; Spring, Russell, fron t Dant r i c ; Sari.h, Muichins, from Memel ; }lora, Scholier, from Llsrazie ; Stonchouse, from Petersburgh; Talbot, 3laior, from Ostend; and Isis, Wood, from IVaterford—.•iailed the Dania Lyon, Barry, fur Jamaica; and Elertrr. Robinson, for Philadelphia. GVTIINSEY, JAN. IL—Attired yesterday the Two Brothers. Lowther, front Rio Janeiro, in 43 days. She sailed from this , island fo r Oporto, where she took in a cargo for Rio Janeiro, deli vered it there, took in another, and returned bare In the s h ort s p ace of three months and 27 days. She sailed this day for Trieste. Coat, JAN. 12.—Arrived the Dorothy Forster, from London, I to take troops to Jaßaica.. . _ _ _ _ GALWAY, JAN. 11—The Despatch, of Peterhead, from Riga., struck on the Mack Rock in this bay, about lice o'clock paten's, evening, at low water, and filled as the tide rode..' She was got ofd about three o'clock this morning, and has been put into lighters quitedanuaged. _ _ _ Gay.v.3l;icw JAW. 15.—The Clde M'Pherson, front Deme rara, arrived lulre ; sailed thence 2 8t h 'Nov. to company whit the brig Three Sisters, for London ; left loading kat -Clyde, Vows ; Ramsay, to sail about the 12th tat.; Elizabeth, Simpson. Ihth ; Erstquibo. hoed; Harmony, 1111•Leall ; and Caroline, 3lulrhead, about the 20th *oh. On the 3lst ult. spoke a brig; could not make out her name, from St. Andrews, fix Liverpool, leaky ; offend assistance, which was rot warted. _ _ BRAKE' JAN. L—The Therese Josephine, of Papenburg, Dreyer, his been tarried into the River Guest, a perfect :neck. E Nttn,J • x. f• —The following vessels, vetch were driven on shore kre last month, have been got off ; vis.--Alesis, Sarnia', front Petenburgh to Liverpool, towed to Copenhagen by a steam boat; Sarah fisbli, from Damzie to London, after discharging part of her canto, and has proceeded to Copenhagen; Ilennetta Johanne Hedberg. from Rio Janeiro, to btockholin. brought into this harbour; must of the cargo isrded more or less damaged, and the worst sold by auction ; and the Itlogheden, Lundberg, (rout (Jae to Dibraltsr, and proceeded to l andacrona. . . COPENIIAGE X, JAN. 6.—Last year 4.671: ships passed the Sound coming from the North Sim; and .1,627 coming froui the IlaL Cc. The steamboat, Caledonia, went on Saturday from Copen. hagen to Elsinettr, to assist in getting of the ships lately stranded, in which it is hoped she will succeed. Blume, JAN.4.—The Love, Wills, from Newfoundland, is stranded this side of the bar, but expected to be got off with little II damage. GIIIALTAI, DEC. M.—Part of Lord Cochrane's squadron was to sail from Itio Janeiro for Montevideo, the latter end of October, ' to blockade the latter port. Yu ZDE eX, Dec. 21 —By accounts from Thisted of ' the 12th lust. a sloop has been driven on shore near the Mohnen, bottom up. The cargo consists of 123 dawn of Redwood deals, marked N.8.M., and partly 0.B.; 210 bars of iron and some deal ends. In the cabin was &unit a shirt, marked W. S. ; two pieces of plank found near the wreck, with '6 Nancy, of Arbroath," paintcd.on them. KINGSTON. JAMAICA, Nov. 15.—The Mayflower, which sailed from Port Royal Md ult. for Pietou, was compelled to bear up to this port the 9th inst.; the crew being sick, and a butt started, and came into Port Royal with 4 feet of water in her hold. The Niemen has been appointed to sail from Port Royal the 26th inst., to protect the trade through the Gulf. On the 12th inst. of Cape Nicholas Mote, the Thaia, Shand, from Halifax, passed an armed schooner full or men ; when near her a heavy squall carne on, and she wore round, shortened sail, and stood in shore. The Queen, Stephenson, and the Robert, Cook, gaited from Shiehis tor London on the 2d, and the latter on the 11 ult., and have not since been heard of. Several Foreign 'carols have been lost on the coast of SandeEord on the 17th and litth ult. dialog a tremendous gale. The Juliana, Thiesson, from Copenhagen for Lisbon, has put into Norway. The Corneby, from Sunderland to Plymouth, got on the Goodwin Sand, on Thursday night, but is expected to be got off: Wednesday, the Prinmenie, 11l gun sloop, was commissioned by Lieutenant Gall, to be ailed for the Irish station, in place of the Arab. Captain John Stoddart is appointed to her. Mr. Shears to be Pur. er. IRELAND. The following are the particulars of the attempt to as sassinate Mr. Nagle, as stated in our last :—" Mr. Nagle lives at Ballinacar, Barony of Coshma. He had gone to his estate, near Fermoy, to rece've his rents, and on his return to his house he was attacked at his hall-door by Sullivan and liet:han, for the purpose of robbery and mur tier. A most deserving resolute woman (Anne Adderley) leaped out of a two-story high window, and called assist ance, one of whom ran for three Police from the town, w bo captured the two culprits, on bt ing pointed out to them. It was under Providence, by this girl's exertions, the dia bolical murder was prevented; and Eyre Evans, Esq. was enabled to commit to the county gaol these two wretches. Every praise is due to the Police for their exertions on ilia ocoassont"—Linterick Chronicle. Ax IMPUDENT TDIEF.—On the 13th instant, Thomas Clark, arias Captain Faulkner, was tried at Somerset County .:es. sions, for stealing silver spoons sad forks fr om John Thomas, Es 9., at I'rior Park. Ile did not employ Counsel, but cross-ex amined the witnesses himself in a most impudent and artful man. ear : the result was, that one of the witnesses, in answer to the prisoner. said, " Why, how can you say that ? Did not you fall down upon your knees when we caught you, and beg us to let you go, saying that you should be trammortesi if we took you before a Magistrate t"—The Jury, who were standing up, on hearing this all sat down, and a verdict of guilty was returned against the prisoner. Ile was sentenced to seven years' transportation beyond the Val., and at the conclusion of die sentence said, with a most significant look, " n:.d when I come back I will call upon 3lr. Thomas again."—Biel l:fW INTELLIGENCE. COURT OF CHANCERY, Fitt)Av, JAN. Pt The LORD CHANCELLOR was engaged the whole of this day hearing furth:r tegument in the case of the Highgate l'hatity. The tact. of the case have been already fully detailed in the LI: itiv;r COURT OF KING'S BENCH, rx:DAy, J•N. 16. Sittings at Westminster after Alicisarlssas Terhi, Isefure Mr. Jut tiut aid a Special Jart. ministration of criminal justice in thig country than himself; but he could not affect to be ignorant, that the necessary forms by which it was regulated sometimes operated with peculiar prejudice to a defendant, and the ',regent was an instance of the dithculty under which a defendant had to vindicate himatli front an &cellist- tinn deeply affecting his sa itfy and character. The minds 0 tie Jury were, as he might say, pre-occupied by the address of his Learned Friend (Mr. Scarlett), and before the whole of the eel tienee was gone through, he was afraid they would be fatigued and exhausted. Ilia Learned /*tient' would then exercise his right of reply, and by his ingenious commentary on such parts of the evi dence as he chose to select for observation, 'timed in rendering Mr. Whitehead, in their opinion, suspected, if not guilty. lie begged, therefore, that when his Learned Friend should reply, they would, if possible, contrive to bear in mind the whole evi dence, and not suffer their attention to be drawn aside to particular parts, which, considered alone and without reference to the whole, miht appear to partake of a suspicious character. lie did not wish to impute any improper motives to the ;institutors, Messrs. I Watkins and Pioli; but, as the case against his client rested solely on their evidence, he must remark, that they gave their testimony under a strong bias of interest. A civil action had first been cow ',fenced, but that was soon abandoned. As they had indemnified Sir Alexander Campbell, they could not maintain the action wish their evidence, and therefore this indictment had been substituted by which the.sanie object was intended to be gained. That Mr. Brown had been guilty of a gross and abominable fraud there could be no doubt ; but Mr. Whitehead had been as much the victim of his imposition as Sir Alexander Campbell, though nut to the same pecuniary extent. Mr. B'hitehead was • young man. Mr. Brown possessed every qualification that could enable him to deceive with success. lie was a minister of the Church of . England, respectably connected, with a plausible address and finished manners. lie was besides a magistrate for the county, and the member of a Scotch College. The clearest proof that Mr. White- head was his dupe, consisted in the fact that the first advance on this fictitious property was made on the advice of Mr. Whitehead, by one of his own friends and clients, named Strong. But he (the Attorney-I:ennui) relied for the complete exculpation of Mr. Whitehead on the confidential correspondence that had been car ri ed on for a kung period, before and after this trarsaction, between l:itt: and Mr. Brave. If there heel been any COI' lesion, some traces of it must have /Treated in these private and confidential cornmuilicatione between them. When Mr. Brown absconded, his father.in.law„ Mr. (eke, nhtained pos. lesion of all his papers, and he had given them up to the prosecutone Ile (the Attorney-. lettere) tor his client, would produce all Mr. Brown's letters to Mr. Whinthead, and if the pro secutors would produce the replies, the Jars would den have be fore them a correspondence from which it would be evident that Brown was throughout actively and dextemudy employed in de ceiving Mr. Whitehead. At the last trial some letters bad been omitted by accident; they would now be produced. They were im material to the case; but their absence had exceed suspicion, which Mr. Whitehead was now happy to remove. Why wee it to be in- CONSPIRACY. hared that, because Mr. IVlutehead had become the dupe of Mr. THE Ince v. WHITEHEAD AND BROWN. I Brown's imposture. lie we guilty of participating in it? More This was an indictment against the defendants fur having con- experienced persons than himself lied been deceived, and they mere spires to obtain the sum of 5.0001. from Sir Alexander Campbell,; not in the slightest degree inculpated in Air. Brown's kaudu. Ilan. by falsely and fraudulently representing thedefenthuct Brown, ; lent designs. When dir. Whitehead said he knew alt. Hills, the late Vicar of Clackion, in Essex, to be entitled to the pea- the supposed steward of the manor, he relied on the au session of a copyhold estate at Holland Green, in that county, 1 fierily of 31r. Brown, in wham he confided su fully at that worth 11,000 e, and to an inco m e of 4311 L ..year fr om the tithes of , time, that he hail persuaded his best friends to advance their his vicarage, and to a further income of 1201. a.year on a marriage: money on his atippotenl property. Ir. the are of Hama and settle rte Another count charged the detentlants with conspiring : Creasy, it had been eke:mimed that it was not neces s ary a m a n to defraud Sir Colin letnnibell, h.(:. B. ; should possess actual knowledge of every fad he affirmed. In that The defendant Brov.:n was the Vicar of Cleekten, in Essex. He case, winch his landslip well tecolleeted, a :Mrs. Hobertsca, a was of most respectable family in Scotland, a member of the l'ni. I swindler at Blackheath, had imposed on the defendant to such an yersity of Aberdeen, and magistrate of the county of Essex, whine extent, that when applied to by the plaintilTas to the respectability he had intemiarrie.d with a very respectable family, and stood in lot Mrs. Roberts o n, h e sa id h e k new o f hi s own k now ledge that the er general esteem before the discover of this transaction, in come. possessed the property to which she pretended. %Chen he was quence of which he had tied to the United States of America. 'the sued, it became clear on the trial that he only knew from the re other defendant, 3lr. Whitehead is a conveyancer in Burlington. presentations of others; but that was considered to be an answer to street, extensively employed in the sale of annuities, and posses- the action, because he spoke bout; fide, and it rasa not to be expect. ' sing a highly respectable character. Ile only was upon trial, ed that in the ordinary concerns of life turn spoke with the techni. judgment having gone against the defendant Brown by default. It cal accuracy with which a lawyer pleaded in a Court of Justice. appeared that the money had been actually obtained from Sir' There was only that part of the case for the prosecution, and the Alexander Campbell, though in the first instance the design was I evidence as to the handwriting, which elected Dlr. Whitehead. directed against Sir Cohn Campbell, with whom the negotiation As to the evidetice of James, he disbelieved it ix tufo. He was WAS first commenced. The fraud had been effected on pretence of i closely cennected with 31r. Brown, and under pecuniary obligations the sale of redeemable annuity. When the tint payment became 'to him, and he had pledged himself to keep were all the trancse due, it was ascertai n ed that the tithes of the defendant Brown were ' does between them. That would be proved from letters tbund worth only 1631. a-year, instead of OM., and that his income on ;since his decease; and he (the Attorney-General), verily believed the marriage settlement was only telL a-year, instead of 2201., and , that James was the agent, in conjunction with a man named Shep that he had no copyhold estate at all. The deeds were all thrged, herd, to practise the imposition on Sir Alex:miler Cantpbell arc: on which the advance had been made, and the defendant Brown Mr. Whitehead. On the former trial James identified the hand had then absconded. writing of Mr. Brown at a cursory view, the ugh the witnesses, that The prosecution was instituted by 3lessts. \l'atkine and Pioli, day could recdgnise it only after a patient examination, and compa the solicitors of Sir Alexander Campbell, whoni they had indemni. neon between the documents. The Lein the Jury had to try was, tied against the loss be must have sustained in consequence of the whether Mr. Whitehead was a willing or an innocent Instrument of imposition practised upon them. Brown ? It would be shewn that to the List he continued to have The case was tried last summer before the Lord Chief Justice, implicit confidence in the inwstor. If he had known the fraud, when the defendant, Whitehesd e was timed petty. Ho -haste would be not have indemnified Himself from 1/111? would be not since obtained a rule for a new trial, which was specially fixed thr have secured to himself' the benefit of the fraud when the transaction this day. was settled ? let it would be ithewn that 480 L were emu due from 31r. CuawooD opened the pleadings. Brown to Whitehead, which the latter did not deduct, and that he Mr. SCAILETT stated the case for the prosecution at madder. had actually advanced 2001. additional, which *as all lost by the able length. absconding of Brown. These f ac t s were utterly Wetted:cable with The following evidenee was called in support of it :-The first the supposition that he hail participated in thifraud. The learned witness examined was gentletnan concluded an address of great three and abili7y, with be- Mr. F. C. Pioli, the partner of 31r. Watkins, who proved that seething the attention of the Jury to the evidence he should adduce. In 1819 the defendant, 3lr. White h ead, who was then a convey. Mr. George Hicks sworn. I succeeded my father as an attorney. sneer in Burlington-street. came to his chambers and stated that lie ln 1817 my father raised three sum s o f COOL 3SOL and 1,2+10. by wanted to raise a sum of 1:0001., and at a subsequent meeting he !three annuities, for Mr. Brown. They were secured on the mentioned that the client for whom he wanted to raise this money Tit-wage of Cl;tekton, and on the marriage settlement of Mr. win the Rev. Mr. Brown, the vicar of Clackton in Eserx, and I Brown. I succeedel to my father's business in 1818. Mr. White. only eon of Dr. Brown, of Aberdeen, whose large fortune he I head made application to m e as to t h e part i c tilars Mr. Brown's would Inherit. 3lr. Whitehead also stated, that his client was the property. I woe hint all the information I possessed ; I gate him son-in-law of 31r. Cole, a gentleman of property in Essex, gel the copy of the rental of the parish now produced, in *lnch the that in right of his wife he possessed a large copyhold estate in that value of the tithes is set forth at 1901. annually. I gave the paper county. Mr. Whitehead represented that the Rev. Mr. Brown to 3lr. W. in 18111 1 mentioned to Alr. Whitehead, that Mr. was in somewhat embarrassed circumstances, and wished to raise a Brown was a very respectable man. I had been once at Clackton, sum of money for ecclesiastical purposes. Mr. IVeitehead said and I mentioned that to Mr. Whitehead. ' the copyhold estate was worth 11,0001., and he stewed the witness Mr. Coles was recalled, to state that Brown married his daughter en abstract of the title. He stated that his client was desirous to about seven years ago. Ile was Vicar of Clackton before he was !:eep the transaction tweet from his father-in-law, and that as 3lr. warded. Hills, the steward of th e manor, had married another daughter of 31r. 17icka's examination was then resumed. The three annui• 31r. Coles, he could not allow the Court-rolls to be inspected. 31r, ties were regularly paid down till Mr. AChitehead's application. Whitehead added, that he knew the title to be perfectly good. Witness then believed 31r. Brown to be a very respectable man. He spoke of 31r. Brown as an intimatefriend, with whose afters On cross-examination, witness stated that he was sublerna'd at he epic wellacquainted. Witness did not choose to conclude the the former trial, but not properly serve:. His father died in De. bargain himself, are therefore referred Mr. Whitehead to his part- cember, 11119. Witness succeeded to no part of the business before net, Mr. Watkins. 3lr. Whitebe.ad said, that he knew Mr. Mills, his father's death. He thought it was a little after his father's the steward of the manor, and had heel roam business with hint be. death he went to see 31r. Brown • he had heard Mr. Brown say ha fore, or words to that effect. had a copyhold estate ;he propo sed to witness to raise money upon On being cross - examined, the witness said he could not positive. it, and witness endeavoured to do so ; the three persons who ad. ly state that 31r. Whitehead said more than that he was known to vaned the sums for the annuities were his father's clients. 3lr. Hills. The reprefentation as to Mr. Brown's family and con- Re-examined-Witness was with hi s f at h er when the converm nections was perfectly correct. There bad been an action brought tions took place about the annuities ; a letter being .hewn to the to recover eonspenastion in Images for the fraud, but it hai since witness, he said it must have been before his fathee's death that he been abandoned. went down to 11r. Browns; it was really so long ago lie did not Mr. Watkins was next Examined. He stated that Dlr. White. know when it was. bead lied waited upon him, as related by his partner, and that at By Mr. SCAB LETT.-Most likely Mr Brown Melted witne ss the interview between deni tie prodaesi a doelument purporting to down. Shepherd, who was since dead, went down with him. be an abstract of Ile Brown's tide, and soothe:, purporting to be Shepherd advised witness to advance money. Witness had seen a rent-roll de the tithes of the vicatage, according to which they Shepherd several times at his father's. Ile went one day to Brown's, produced anantusal income of 461)1. Ar.ii'llitehead re-stated the and returned the next ; he staid at Brown's house. Shepherd and gante reasons as before why the Court-rolls shoed not be inspected, witness dined with Brown, passed the evening with him, and came f and the he had satisfied himself fully as to the title, on which home the next niornie n e. They went to look at the estate. 31r. be had already advanced 1,1061. Mr. IVhitebead expressly Brown %hewed the original survey. He told witness the estate was stated, that Cie examination of the Court-rolls must be dis- worth Newlin. parsed with at all events, and that for himself he was perfectly an- A letter, in the hand-writing of this witness, dictated by his tisfied, as he had inspected them. Ile said he knew the S'eieanl, father, was admitted in evidence, to prove, that, as the agent of Mr. Hills, personally. Mr. Brown, who was present at the inter. Brown, he had been in treaty for a loan on the estate at Upper Time, produced a letter from Lord Dade to himself. written Holland. in the warmest and most familiar terms of friendship, and franked Dlr. William Whitehead. the brother of the defendant, was then by his Lordship, and another from another Noble Lard. A survey examined. In January 11:111, he remembered Brown applying to of the estate was agreed upon, but Mr. Whitehead wished to have his brother for a sum of money, by way of annuity, and that Brown previous notice when the surveyor went down,,,lost Mr. Cate referred to Mr. Hicks as to hi. respectability. Witneas's brother, should hear of it. The admission and surrender were in the usual in cooserfuente, applied to Mr. Hicks and to several other per terms • and finally i• was settled that the money should be ad- sons. Hicks gave him the rent-roll now produced. Kellet, the vancevi. Mr. Brown bad since gone to America, ant it was then steward of Col. Rigby of Rigby Hall, one of the persons applied discovered that he had no copyhold estate whatever ; that Mr. Ma- to, said he was satisfied with Mr. Brown, and would fake them six berley !was the Steward of the Manor, not Mr. Bills, and that hundred pounds of theaututity. Witness's brother also inquired of , the tithes of the Vicarage were 0:14 worth 1631. irat,ad of 41e11.- Hyde, formerly the coachman to the patron of the living of t;lack-i Tice affidavit of the defendant Brown was then read, stating that he too, and to 31r. Bruce, chief porter of the Bank of England. WAS the Willa of the copyhold estate, which was north 90001, and They were all satisfied of his respectability. In consequence 1;021. that the tithes of the 'Vicarage were worth 480 f. per annum. 10s. was advanced, for an annuity of elle. 116 s. a year. Kellet, The abstract of Brown's pretended title was next read. It pup and ten others, advanced the money. Ahem inis 3lr. Brown ap ported to be attested by Mr. Hills, the steward of the manor. The plied for further advances- lie sent letters three times a week. Ile admission, surrender, release, and other deeds, were also read. said he had a copyhold estate given him h:• his father-in.law when Mr. Watkins on cross-examination stated, that a subsequent ap. he was married. He said he could not make any charge upon it for plication was made for a further advance of 'I,OOOL on the same fear it should reach his father-in-Isles knowledge, as he had great sedenty. expectations from hint. There wee a good deal of negotiation. He Mr. Coles, the father-in.law of the defendant, Brown, was them said tie would give this estate as a collateral security, if it could be examined to grove that the documents j ust read in evidence acre in done without searching the gulls, as the Steward of the Manor the hand-wflung of the defendant, Brown ; but after examining was his brother-in-kw. Witness proceeded to detail all the arti. them carefully for sane dne, he stated that he was inclined to think fices b 7 which his brother was induced to become the du7e of the signatures were not written by the defendant Brown. Witness Browns imposition. Ile also deposed, that James, who was a late afterwards stated that his daughter, the late 311 s. Brown, was now clerk of 3lr. Hicks, was dead. deceased. Al'iniese also stated that he did not believe his sn-in. The correspondence between the defendants was then read. It I law was capable of planning and executing so extensive a fraud as consisted of sixty letters, reaching over the whole retied of their had been committed. *squab:none. 'l'heir contents agreed with the description given of 31r. lhown, a namesake but no relative of the defendant, was their intercourse by the last witeens. also examined as to his hand-writing.-SVitnese was a trustee un- Mr. Hyde was then examined.-Ile proved, that In 1819 he the the marriage settlement. He believed that the deeds wire in called on Mr. Whitehead on business, when the latter naked Min if the defendant Brown's hand-writing • but they were written in a knew Mr. Brown. Witness had formerly been in the service disguised hand, and a band so comp l etely disguised, that he did of Mr. Nassau, who was related by marriage to 3lr. Brown's tot think sonic of them to be in the defendant's hand-writing, un- wife- Witness cold Mr. Whitehead that he might be satisfied as nil he compared them all together; and then be did not doubt that to Mr. Brown's. respe ctability. • they were written by the defendant in a disguised band. On cross -examieution, this witness stated that when Mr. White. bev^ml witnesses were then examined to prove the actual value head said that Holland-green was given to 31r. Brown by his of the property. father-in-law, witness replied, he did not think it had, as Mr. 3lr. Smith, a gentleman of property in the metropolis, stated, Cole had too many children. that he recollected that the defendant VChitehead made an applies- Mr. Bruce, the chief porter of the Bank of England, stated that fiat to him to advance money on an estate of Mr. Brown's, in he was applied to by Mr. Whitehead, to make inquiry respecting Essex. %rime's applied to his agent, 31r. Large, of Cavendish- Dlr. Brown, and that lie tnund he was 'Vicar of Clackton, and very street, on the subject and he not being satisfied with time security, respectably connected in the county, which he had reported to 31r. witness declined having any thing to do with the transaction. Whitt:M.2d. On cross.examinatiou„ he stated that he had known 31r. White. Mr. Strong was then examined, to prove the circumstances head several years; during which time lie had always borne the under which he advanced his annuity on Ltrown's estate, and that character of a most respectable man; and witness had always he was paid off. thought him such. It was admitted that all those annuitants were paid off. Mr. Enson, clerk in the Enrolment Office, proved that during The Vicar of St. lichen's, Bishopgate, Mr. Deputy Greenaway, the year 1019 Mr. Whitehead had railed upwards of 20,000 L from and eight other very respectable persona, gave the defendant, different persons upon copyhold security. Whitehead, an excellent character in every respect. Dl r. Justice BEST then read the evidence given by James at the Three letters of the deceased witnine, to James Brown, were reed. former trial, front the notes of the land Chief Justice. The ma. lu the first dated 114th November, 11719, he said, " I rely on your to dal fact against the defendant Whitehead was, that the witness honour, and I will not impart the smallest particle of what you saw him towards the end of 1819. 'White:lead had a bundle of require to be kept secret." In the second. dated 7th December, he papers in his hand, among which were the admission and surrender I said, l• If any thing remains to be effected, 1 beg you will, in con. of Brown's copyhold estate. Witness remarked, that they looked Meyer, communicate it to me ;" and in the third, dated 11th April, like Brown's hand-writing. Whitehead did not answer the ques- 1820, lie offered his services generally to Brown for the accomplish. don, but put the papers up again. went of his fraud. The ATTOWNEY-GENERAI. thee &Admitted the Jury for the Mr. SCARLETT replied. defendant Whitehead. No man, he said, more admired the ad- Mr. Janice Best meld it was quite cleat that Brown had been guilty of a wicked fraud, which hit had witvortcd by forgery and perjury ; and, in his view of the law, it Wii:•,..ht•ad knew that all the deeds were (urged instruments, and had twisted Brown to carry the fraud into execution, he was guilty of the conspi. racy, although there might have been regular concert or agreement between them for the acontpli►hn.eitt of the fraud. The question of his guilt might, therefore, be resolved in to this- whether he believed the instruments to be genuine. The proofs of his guilt mainly depended on the evidence of the two witnesses, Pull and Watkins, and also of the witness James. As to the insinuation of the Attorney-General, that the former gentle men had preferred this indictment because they could not succeed in a civil amine, he (Mr. Justice Best), was bound to say they could receive nothing from the success of this indictment. Still, however, the temper and feeling under which they unavoidably acted might give a colour to the facts they stated, which they might sot otherwise have possessed. The evidence of James was rendered very doubtful by his letters, by which it appeared he was offering his sen•icos to the abominably wicked nisi whom he ought to have held in detestation. It was the duty of the Jury to take the whole ease into view, and give the it verdict with r_•ference to the whole, and not to any part selected for the purposes of either party. They would weigh the facts, and decide on the balance of testimony. Ili% Lordship concludel his summing up with sonic strong ani madversions on the doling in annuities in ger.entl, which he cha racterized as a ruinous race between avarice and distress. The JUry deliberated about fivis minutes, and then returned a verdict off Nut Gni:ty. The prosecution was conducted by Mr. &so I.ZTT, the Cox 310N-SERGEANT, and Mr. It'4mOODI the defence by the ATTORXEY.GEXERAL. Mr. Ou RN EY, and Mr. ADOLPItra. The trial occupied the whole day till balf-put seven in the evening SHERIFFS COURT. Fafnir. JAN. V. tßefbre ths SUE rr trod is Comma Jury The following awe excited ■ great degree of intcrett among, licznsed victuallers and wine-meraaws:— JOYDAN V. GobI , SET. This was a writ of inquiry CO assess die damages in at action I against the defendant, to recover various sums ofanasey on bills of exchange, and goods sold and delivered. Mr. PHILLIPS stated the case to the Jury. The action was. brought against the defendant, the proprietor of a well-known hotel • and tavern, in King-street, Covent-garden., by the plaintiff a rt.- speetable wine.merchant, in Hoodge-atreet,•Tuttenham.court-road, tint to recover the sum of 29/. 14a. for wine and brandy sold and delivered ; next the sum of 771. 10s. ha. nn an vomintoletion bill 160 lilt 7a. COlas • and 3 7 /. on another bill, and //. Hie. 7d. interest' thereon. He oft:aid call the plaintiff's son, who would prove the delivery of the goods, and th e ileter:iant's admission on the bills. which he conceived would entitle hint to their verdict, In a ease where there was much ingratitude. Thomas Milan, jun. deposed he was in his father's employ. and he delivered the articles mentioned in a 1411 produced to the defend ant's porter, amounting to 291. odd. Witness was also present in March. 1f 1, when the defendant came to plaintiff, and aid would pay 51. per week off the :V. bill, which was then lying on the table. It was the 37/. bill they were speaking, of. SHERI rr.—There is nothing in the whole course ofjustiee an completely inconvenient as the manner in which witnesses tune forwent to swear to admissions, which frequently are, in fact, nd admissions at all. Witness.—lle (defendant) spoke in the !taunt terse. He came and wanted some goods, wlli►lt plaintiff woltld not deliver without their tieing paid or ; f the bill wa. given, and five pounds paid on account. Ernes-examined by Mr. &leen, for the Defendant—Does not understand what accommodation bill. are ; will swear the firs pounds were not paid on account of a former transaction in goods. Mr. ROACH here called for the account hook. Mr. Pit LI.I rs apprehended he was rot °bilged to produce it. He had not expected to be wet in the way he leas, and therefore had not come so well rrepared. Su Entrr.-1 thine the prcduetion of the book ',requisite. The bock was produced, and a written agreement was pointed out, to pay five pounds per week, by instalments, entered into by the defendant. James Phillips, another witnrm, produced a blll far W. which had been accepted by the plaintif.'for the del:Awes aceonimodas tins; costs and interest thcreonaleavenassL.Z.L 108. M. Tint plaintiff. Jordan, waa areasted thereopoit, andwitneas went to Oa& fres, and Informed him that Mess r s. Lancaster and Co. the holden, had proceeded upon the bill. The defendant rejoined, "My nod cessions situation precludes me front assisting him." Witness said," Why, it is hard; you know but the other day he lent you :Mk upon the lease of your pretnises, to put you on your legs again it is therefore ungrmetul.' , Wimess further ending that the defendant was unlikely hi take it up, got the money end paid it for the plaintitr. Mr. ROACH contended, that as no special agreement had been matte regiudirg the interest, it could not be allowed ; and farther, that the 31. 1 / 4 4 on condition of a former transaction for goods sold and delivered, The mortgage transaction of MON. had nothing to do with this ease; it would be for thedury to view t h e bills, and to form such a general knowledge (as tra d esmen) in digit consciences as they could in justice between the parties. The Sit xmirr charged the Jury, who, after considering the case, assessed the damages for the plaintifrat 1291. 13s. 2d. OLD BAILEYSESSIONJ, FRIVAY, JAN. 16. William Hall Aryan was indicted for stealing In the dwenirg. house of John Cantelow a silver watch, a gteat coat, and a siL vet spoon, value Os. The pr isoner was seen, by a man at work in a house oppo s ite t o Mr. Cantelow's, to r i in thire, and la a few mihutes return a ith a great Mat over his arm. The workman gave the alarm, and Bryan was seized by a carter in Jockcy's-fields. The prisoner threw sloten the coat in the pursuit, which was picked up and given to an offi cer. The prisoner was taken to Mr. Cantelow's, and when he got into the passage, a watch and salt-spoon, which were proved to be the property of the prosecutor. were picked up. The coat was also identified as the property of Cantelow. Guilty of stealing to the value of 395. Robert .Smith was indicted for burglariOusly breaking and enter ing the dwelling house of Lady Croft, in iVelli.xl-street, with in tent to steal. The watchman, on going his round at a quarter before seven, on the 17th December, observed one nt the parlour windows of Lady Croft's house open. Ile ring the hell end apprised the servants of the circumstance, who went Into the parlour and saw the prisoner under the bed (the room being used as a bed-chamber). The pri. sorer, on being asked what he less doing there, said :hat he hal no shoe► to his feet and nothing to cat. Gni/iv—Ma/4. Jolts Butehin, was indicted for stealing a coat, a sovereign, and other coins, the property of Thomas Toms, in the house of Chri.tie, Esq. in Itaker-street. The prosecutor vu servant to Mr. Christie, and was told by one of his fellow -servants, about nine o'clock in the morning of the Stith December, that a strange man was going up the area steFs. Toms ran after him, crying, " Stop thief !" and overtook him in tiloucester.ruews %rest, he having been seized by a man acciden ts:ly passing, to whom he had given the coat in question. The prisoner was given in charge of an officer, and committed from Af ary-la-bonne office. The prosecutor identified the coat, and the Jary returned a ver dict of aditiy—Death. Alrry Leopard was placed at the bar. charged with stealing from the person of John Pardon a watch, chain, and seals, and Ws. in silver, his property. The peeseeuser was going along the E. - mgsland-road, about eight o'clock in the evening of the 2'2d of December, when a man tame behind him and pinioned his anns, and a woman carne to his left hand at the same time, and another woman stood in front of him, who rifled his pockets. lie went soon after the robbery to the Fox public-house, in the Kin/Mend-road, where he saw the prisoner, another woman, and a man. The prosecutor believed these were the persona who had ruhlied hint, anal caused them to be apples hcndcd. At the police 4/thee, however, he could not swear to the man and the other woman. On his examination before the Court, Mr. Baron 111 . 1.t.ncs particularly cautioned the prosecutor rut to speak positively as to the identity of the prisoner, If he had any doubts on his mind. The prosecutor said, that he believed the prisoner was the person who came in front of him, but she WAS then in a different dress, and he covid not be certain that she VAS one of the party. The Jury, therefore, under the Learned Judge's directions, ere. quitted the prisoner. Mg/lions /folding was indicted for stealing nine tea-spoons. a tout, and other articles, the property of Nathaniel Holding, his father, in the parish of Ealing. Nathaniel Holding, the father of the prisoner, deputed, that about tier weeks since his son called upon him, and said he Iran very hungry and very lame, and asked for something to eat. prosecutor gave him something to eat, and gave him leave to stop in the house. The prisoner lived in Dublin. On the Sunday sitar the prisoner came, witness and his wife went to chapel, and left their son in the house alone. When they returned from chapel, the prisoner was gone, and the witness missed the articles men tioned in the indictment. About a fortnight after the prisoner re. turned, and said to the witness, " Father, I come to Tempi myself up." The prosecutor replied, " Then you must suffer death." 'The prisoner said, " I know I must, and I deserve it." Jeremiah Laws was present when the prisoner returned theseeond time. He told his father that he had pledged the coat at Abing. don, and tht other things he had sold out. Witness knew the pet. loner well before he went to Ireland, *bleb was about two years ago. The prisoner, on being called on for hie defence, said that Ws father had told what was not true. The prosecutor was again called, and said that he believed the poverty was worth Mr. Justice Hu 01101 , 011 observed to the Jury, that this was a melancholy case, but they must du their duty in it as unhesitat. ingly as they would in any other. The property had been sworn to as being worth much more than Os., and ti they thought the prisoner guilty, painful as it would be, they must pronounce their verdict accordi ngly. Guilty of stealing to the value of 395. Mr. J Wake BURROVC II expressed his surprise at the Jury finding under 405., and observed, that it was their verdict, and not his. After the verdict was returned, his Lordship recalled Laws. and asked him what he knew of the prisoner i The witness sz.id that he tenet knew any hams of him. MIDDLESEXsEssIOXS, in man% Jim 16. RI7AIL_BREIVERS. This morning Mr.TitZia Drove - )crooks, retail brewer at Brentford, appealed against the conviction of Fol. l'litheroe, tor selling beer by retaiL Mr. Sergeant PELL addressed the Court for the respondent when he was interrupted y the Chairman, who suggested that, as the case was of vital importance, whether it sculd not be better to refer it to the l'oort of King's Bench. This was agreed to on both sides, and the ease was refined accordingly. AIR. CORBETT AND TIII: KENSINGTON TRUST. This was an appeal by the Kensing:on Trust against the toll conviction of Sir Richard Bernie. Mr. Adolphus was counsel for riumix Webb, the collector at Kensington, who was the appellant. Mr. A nut.rti n a tool an object . ni to the conviction, that the Magistrate who made it was root mentioned r.B being within the county... _ . . _ . I3lt. FaE n. fiw the respondent, then contended that the paper A pitched battle for 11. a-aide took place at Moulton on served on the respondent. purporting to be a notice. w. is not a lewd Monday lam. and drew together great numbers of the fancy, who onz., and that an express clause in the General Turnpike Act vs. were much di:appointed at the shortness of the combat. After it, timed it. a brother of the victor gave an open challenge, which was accepted 1 111 r. AntiLett ca — lt is a general tender of not guirty. by a sturdy miller from Ifolbesch, who got his jacket well dusted. ! Mr. Ft:Ewen obserred—Then Sir ltichard Minnie must have A third light followed for a sitbacription purse, when a strong mill. convicull falsely. ing took place. which ended the day's antuscnicr.t.—L:riculs Puper. 51r. AD:IEI'IIU s--Nothing is more likely. Without encasing "I 1 ~I , 1 The appeal of the Imperial Gas Company, agahmt the cootie. flan under Mr. Taylor's An. was mod. The conviction was cons i armed. A ease was granted far the King's Beach. i (The question was, whether a part of Park..lane wan masks . • the jurisdiction of Mary-la-bonne lavish, the Ras t'oropart having laid their pipes there without permission frosu they Vi atr). I 1 Ii 111 ~i I •1 f ■