The British Press; or, Morning Literary Advertiser. — London, England, 1826-02-10 00:00:00

LAW NOTICES. RT OF CHANCERY. camprs itsl g alut vng-cmaucLiLoa !RI! DAT. NOTIONS ONLY. Ills Ijon4.a the rice.Chanceliot will hoar short causes to-morrow. ROLLS COURT. rat !Nun r I . f . the Rolls will hear Causes, fortltot Direetiong. Pech,Fia by consent, to-morrow, the llth Inst., at ohs, its the rr.ltucw. Cures and, Petitions must be sot down by two o'clock to-day. COT.IRT I#F COMMON PLEAS. The Adjourned bittings in Middlesex on Thursday next, the lath AD.7OI•II3ITD SITTINGS IX cownoW. Comes tr , lst be ensued, and Records passed, two days, at least, ♦vote the a: imminent day. COURT OF EXCHEQUER. CAUSES TO NE HEART THIS DAT. Bnnbury • Wing. nrrona TOE WHOLE COI'RT. Greenwich Hospital. In re Stow—Petition. Bowyer • Bright —Petition. LA TI INTELLIGNIvor.. VIPE.CRANCELLOR'S COURT, TwukstAY, Fin. 9. OPERA-HOUSE. WATER/ v. TAYLOR. . —.--... Th. tirgurnhnts in this cause were resumed today, and the facts rii.pecti7g the leases turned out very different from what was ori ginally stated. An abstract of the deed of 1792, which was the Mondatton of the claim, was handed to Mr. RoupeU by a Solicitor, -who had formerly been engaged in the muse. This deed entirely altered the whole of the circumstances relative to tire lases; and as It appeared that the Master had not been furnished by either party • with the neeesaary documents, and had been obliged to act without a true knowledge of the facts of the case, The Vicit-enawcgLena ordered that it should be again te. ferred to the Master, with liberty for eilter party to submit to him any new evidence which they might think proper. suggesting, at 'the same time, that it would save expense to carry in a new state ment of facts at once. Tilt ATTORNEY-GENERAL V. MORLAND. This was an information filed by the Attorney -lieuctal to remove the trustees of a charity, and to obtain an account of the estates and balances in their hands. . • •Ale. PZIIIIICItTON appeared for the A ttornev-tieneral, and de .tailed the circuanitanees of the case, by which it appeared that Henry Harding 3lotlaed the defendant, and William Harding, wore originelly the trustees of this charity, that Henry Harding, who, as ser.int trustee, was in the habit of receiving and disbursing the Income of the estates and fund', became a bankrupt in 1815. having a ',glance of 1.8701. in his hands which belonged to rho that he had divided on this sum 7241.. 17s. and hail since iusnlvent ; that William Harding had also become insolvent, ,ti. g a bulatice of 1,8251. on secnitat of the charity, and that :Vinland. the remaining trustee, had refused to account for the La'.ances which he had in his hands. The Attorney-General had formerly in.titated a suit for the purpose of securing the due admi• Pistration of the funds belonging to the Charity ; but, on account of the delays which he met wish, he had been induced to drop his peiteeediogs in this form. and had resolved to take advantage of the late Act of Parliament on the initial. 31r. PAINER And Mr. SUODEX appeared foe the defendant. The latter made some remarks oo the manner in which the At torney•Henaal had thought proper to treat the defendant. The 'defendant had applied to Court to pay in balances, not for the pur pose of nullifying the suit of the Attorney-General, but for the bet rfitOf the charity. The VICE•CHANCELLOR directed that it should be referred to est Master to inquire what estates belonged.. to the charity, and what balances remained in 31orland's hands. . . Mr. Scorner eked if the 1J aster might be allowed.to state 111ee6.141 circumstances with respect to the balances in the hands of ye The V tri..Crt ANGELL Oa &gen Md. ATTORNEY.OENERAL r. SHE co2ronAriox OF TOTNESS. • This was another information in the case of property belonging ta a Charity. In 1;19, the Corporation of Totness, for the purpove, so they said, of securing the due application of the (hods of a pro. tier** number of ,Charitise (nearly a hundred), disposed of a f/amber of estates belonging to these Chirities, for &fine 0(2104 and minted to the purchapers securities upon estates belonging to the Corporßiion, to indemnity them. in ease of thea title to the estates te question ever being brought into dispute. It is scarcely neees. MU to add that most df the Charities had been totally neglected. Among others, there was one, the accouot of which was important and eusinus. It was a Magdalen institution, and accounts were to she Assad in the books of the Corporation of payments made. is 1633, for the support of the chapel and tits leprous people. 'flu e Ise is rather a surprising fact, as film disease, which was imported by the Crusader% from the East, was not supposed to have existed Mao recent edam. Mr. Passaarreow yid all be had to ask for in this case was • direction to inquire respecting the alienation of the estates of the clarity, and the value of those which had been assigned to the prehste_re es an indenbity against the defect in the tine. The 1CE4.114143.E1.1.01t I bare more specific proollsierts, remained 'cited of in trust ftir &Os tweed as above 1 a.C4tarines, and what *thinkable purposcs ♦ine what pan o• the re speed far the Imposes Aar. Ifaaw said he wool 444 prtertit 'Corporation Isiftence or their predecessors. The Vicr.-(:riAxc.Er.i.or Beier direct itny retro , pecti trastees shall proceed Mr. HART perfectly right have been the t Carroratinn &venerable . and fen the interest since Mon which hill Hi:matt*. Le lloontil Serer swore The VemenaertELLo] 'The Lord Chancellor • COURT OP RING'S EITENSII The Loan Calm, , tim'y agu received petition sit extension of the Rules, at 41•414. to whit tieehion they •the pettiian into thole coneh 4E4 forth no oulikient ream 7116 KING V. WM. SOPIIIA SAUK. "tin *sit 90 indictmenl ISh.erJastice, •ben .211 •Nnacf to chest vario►s lime parsons goods dr Mr. Gtaxb•Y now 'the defentlanti. The I,olen Cunt . Aerate. kweral affidavi% -r4t,isst for 30 years, without having ever before been guilty Of any act de : •g.t , ory to the it.,portant charga Co intrusted to him by his Ma. cominission. That in the particular instance belnre the Court he had been unintentionally led into error by relying on Mr. itteknella gewletnan who had for many years acted ai clerk for inagistrovi. 1 hat as won as he discovered Ids error he end,e mitred all he could to repair it, by reciting to obtain the discharge or 4ho prosecutor, but which he found he had not the power to ac complish, and that he had since the proceedings hid been taken against him, done every thing in his power to compensate the inpred party. .There were other affidavits also read On the defendant's behalf. . . lilt. t , Cant.P.TT made a few observations to the Court in nnitign. tion of punishment; mating that the defenditnes first impresinon , w,u, after his conviction, to make all the repannion in hls power, sod he had done so. •He hoped the Court would esinsidet the error an the result of old age, and that ignorance Width pp alts age atone would pardon, if any thing could pardon it. The de. leodant had made application to be dismissed from theContiligalon of the Peace, not desiring to act further. "ae . : Mr. MARXTAT addressed the Court on the same side. The Avroantir-OExt:aait. raid that in consequence of en arrangement made by the defendant with the prosecotor, proceed. ings for damages had bean suspended; but the nature of theoffetice of which the defendant had been convicted made It necessary that the defendant should be brought up for judrnent. He was nut desirous of pressing any thing harshly against this gentleman, but only that the facts should be distinctly understood. The beanital Counsel then detailed the facts, and cohimenteel apon them., The Logo Cnir.r Just - icy asked whether a civil action had been brought as well as an indictment. The ATTORNEY-GENERAL—Yes, my Loth; and the party was turned round because the action was irregular, and the plain. tiff had to pay double costs to the Magistrate. Mr. Justice Bal'l.EY—lt was stated that he had arranged with the plaintiff, and that he had paid all the costs. Mr. SCARLYiTT-10, my Lord, all the costs, and a lam of money besides. The ATTORNEY-GENERAL admitted that the defendant had done every thing in hie power to repair the thing he had been guilty of. Ile would leave the case to their Lordships. Their bord.liips having consulted together, The LORD Cuter JUSTICI said it was very painful to the Court to veiled upon to pass judgment against *gentleman arrived to the very advanced age to which Mr. Constable bad, and who had for many years acted, as the Court must take it for granted he hail, in en irreproachable manner in the discharge of the duties of a Magistrate and Justice of the Peseefor the county of Kent; but although it was painful to the Court to passe judgment under such circumstances, yet it was their duty to do so. The offence was not charged to hare been done by any corrupt motive, nor did it appear that the defendant was actuated by any such motive, or by a feel ing of personal enmity towards Raker, who certainly had adffered very materially. But notwithstanding the absence of corrupt motive or palatine' enmity, still they could not but consider that to commit a man to hatd labour for three months, without the ex. andnation of a single witness, or giving the roan an opportunity to defend himself, was a very serious misdemeanor. The Court could not imagine how any gentleman acting as a Magistrate could fall into such en error, or how he could be led to sign depositions which were not sworn before him, and then to sign a warrant, purporting that the person against whom it was issued had been convicted before him. Hit Lordship was at a loss to conjecture how any gentleman could be led into an error of that kind. It was impossible for him not to know that be was committing an error. He had, however, since dose all he could to satisfy the Injured party, and it appeared that he was sa tisded. The Court were therefore not called upon to inflict any sentence with a view to the interest or the feeling of the party w injured. Another object which it might be supposed was intended by those who bad net up this prosecution, and very properly too, appeared to have been attained, for this gentleman had applied to hare his name struck out of the commission, and certainly a per. son acting as he had done ought not any longer to remain in the commission of the peace. Considering, therefore, all that had been done by him by way of satisfaction to the party and to the public by withdrawing himself from the commission, the Court did not think they were called upon to pass a sentence that should bear very hard upon this geutletnan. Souse sentence, however, the Court must pass, in order to mark the opinion of the Court with regard to the conduct of this gentleman. Taking therefore all the circumstances into consideration, it was thought sufficient that. a rule eheuld now be pronounced that the defendant do pay to the King a tine of lOW. COURT OF COMMON PLEAS, TuunstrAY, FEZ. 9. .peisrment. Mr. UN JACK the* addressed t. _ Gtosszy in agravatiou of punishment. Mr. Jastice BATLEY delivered the judgment of the Court, 4o doing which lie observed to the defendants that they had been found guilty of a conspiracy to cheat, and of obtaining goods front severs? persons by falie pretences; and of the propriety of that pan_viesien, notwithstanding !bat had been urged by their Counsel, arid notwithstanding the aZdarits which had been pruslueed, he is, one had not the least degree of doubt. The Learned Judge atteis recapitulated the facts as they appeared by the evidence, and °iterred that nothing was stated in the affidavits which could ot poll show that this defendant Saunders had any Immediate avail. able' property at the time lilt obtained the goods--that th re 'was bothing rebut the evidence of the defendant Park be ng . Tlly aware of the real c:rcumstancts of Saunders, at the time that Gs lopemented her to be a person possessed of estates to the amount at 11101. a year; upon which representation ft was that the pencil; .defeatitlyd limbrices ilex audit ; and with reglad to Godfrey, his dosteratip Owned, that he appeared to be the mom active in the Y.-auds that were committed, be king the person who in most in its.nas disposed of the goods that sere outained. The judgoient 44 the Court wss. that each of t :e defendants be imprisoned in tkiblbath.ftelds House of Correction for the term of one year and eliat at eh , inherence o f that period, %Villiers flodfrey and J ohn ~lesiah Palk ewer foie their own recognizance" for MI. each, for their good behaviour for five years. TIfE RING v. AtlipAllt CONSTABLE. ESQ• This w;;;1 - 11dfcttitiTntigamioilemearsor, - ciariing the de toradant, axone of the juatlces of the peace for the county of Kcnt. Pith having ant the 49th July. 1522. wittiest any reavanahle or pro bable cause, and nodes mere ardour and pretence of Ins Aire. I pined a warrant iitceted to the keeper of the House of Correction. lb - Maidstone. Teeing that the prosecutor, John linker, had hem 864 otimilewl before him (the difendant), by the oath of Joseph Abbott ar.d That revuton, of being a mrte and vagabond, and editidged him to hi Jinpriessed and kept to hard labour for three pa:as, whetter 41 oath the Wit J. Baker had not been convicted; Lut oo the cintnuy the defendant had aigned the warrant without teeing the said Baler, and withml givii g him an opportunity of melting his defenee to the charge brought srainst him. The civ<c wan tined at the Itatdoume Sommer Atteir,s, before Lord Chief 40400 t Beet and a Small Jury. when the defendant was found The ATTODSFY-GIXTRAL now prayed the judgment of the Court against the defendant. The if/Merit of the defendant au then put In and read. It staled that eke defendant was 80 year', and was at thie moment roadbed te hts hew by sickness and incapable of attending the Court. The defendant disclaimed all knowledge of the prosecutor John Barr MOWS to the time of the alleged offence, and that he...hed not been actuated by any feelings of malice mend.; Lim. That the defendant had dhcharged the public duties of a 37egistrue DOW JOSE ANTONIO D'YIIISARIII V. CLEMENT. The COURT this morning called on the argument in this caw. 11Ir. Sergeant Vaughan, it will be recollected, showed cause yesterday against the rule which had been obtained by Mn'. Set. geant Tidily. The latter gentleman replied in support of the rule to Mr. Sergeant Vaughan. Mr. Sergeant SrAwltE this morning followed on the same side as 31r. Sergeant Teddy. The Learned Sergeant contended that toe existence of Chili as a State had not been matte out. Aristotle had defined a State to consist In three things—being governed by its owe laws, having magistrates, sad subsisting on its own revs. nue. It revenue were to constitute a State, as was asserted by Atistotle, Chili was no State at all, for it was proved that ir.steial of its subsisting on its own revenue. it came to borrow mosey from England ; and the present plaintiff, instead of being the regrown. naive of an independent State, was at best a mendicant ambassador. (Laughter.) The American Republics set up on the doctrhas of sell -- but ; the mans of supporting them. chat the plaintiff should come into independence of revenue. The gues s Republic of Chili ? These States - were a kind of terra incognita. a new State. States did not .covered islands. We were not to munitions of war, but how .., a sovereign state, acting like these we held no league; we seat Teasels clear out from the Cus. States. *-A cleared out from the Custom. it that was not proof that the constituted States. In the 4th vole Blackstone said the King was the pcople, and alone bad the power of States.. Without his or some such ' know Chili was a State ? At that Don Bernardo O'Higgins Ile 'slue might be said of the or of any set of men 250 degrees acknowledge Chili as a State before The King of Spain might say independent ; till then no Court of the French colonies (St. revolutionised and destroyed ever boasted. Twenty years .. vessel qualm. held good because :agnised. Now this was a new State This State had a Government of (led the efficiency-Of the revelation, desire, fist they murdered all the Laughter.) Nations were OM like and die in a u;ght. If it were were jatung, lie would say— /our beard grow ;" (laughter) A thirik we might say to Spain— rebels." -- tly Lord; we might say to taught vltkh being tatiglit, mar." rebels, and " the poisoned Tile passage front Vaud wioch had been quoted was In direct opposition to that of Grunt's. What sort of principle did the former authority lay dowii ? One of the limiest and most revolutionary that hail ever been advanced. The inference from it was this: that an* set of men who we're sufficiently, daring, and could raise an ef fi cient f orc e, might get up a &SI war. Admitting that it was lawful for vialUals se circumstanced to set up an authority of their own, there was not a state in Spaio but might revolt directly k pomcseed the power. The declaration averred that Chili Was to sovereign State. Now, ass not this advancing a contradiedon, when it was recollerted on whit grounds this State asserted that it was su ? Ile did 9ot deny that, under some circumstances, a Slate might be proved a sovereign State, though not formally neknowledged • but the King of England could not look upon tt.c States of gouth America otherwise theta ss the dome:dons at the King of Spain ; fur by the very fact of their assumieg to tat an independent Slate, they proved that they were rebels. It they bed shown that they were a State de Melo they had shown that they could not be a State de jure. lie had looked into the macs which followed that of the Calton of Berne, cited on the other side, and he could say with die ;neatest confidence, there etas nothing in either of them which at all differed from what had been there laid down. The Chan cellor mu in doubt how far the same body of men essuuting a new denomination could be deemed a rely State. ])older e'. Hunting. field had - been cited. This, however, was not a rise which bore upon the question, the Chancellor hating decided it, not upon its merits but on a paint of practice. This else was always being cited in cases of practice in the Court of Chancery, as evidence of the greater risk ruts in pkading than demurring ? The pies might either state too much or too little; and thus it frequemfy happened that bet wren Sea lie and Chsrybdis the client snit to the bottom. Tice State of Chili was tied down; uatil the Krug ur Eng Land had said this was a new State, it remained, so tar se Eno land was eoueerned, suhject tea the King of Spain. Teen came the point, whether the plaintiff could tempirt a claim to. damages for a libel of and ancerning a fratisseuon which was illegal. The averni-nt on the record was, Ciat the plaiodif, In certain capacity, st.t,-uipted to raise a Mau far foreign whim" wet acknowleOged. He need not labour to thew that this was illegal, the Court liavlog deemed the point. Theie could be no question but that such a transactinn wile a most outrageous misdeintanor. le the 2d Roll , atnidgment, 174, p. 4A, it watt 'said " that all offences contrary to amity and peace lee tilegel." Yet three-came here to diett a Wan fur a revolting people, while we were et entity with the parent State, al Entity Extraotdi l ittry, authorised by bon Rrrdardo 0111,t,ogihs. What countiymaa, th i s gentiman mien be betook' tot tell. The LOW) Carty Juiericfc—l think the 0 will Solve that, bnoher Spank;e—he must be an Irieboutn, Mr. Sergeant Srartkrk said the Slilcoiat.s il7ll an 0. The evi. ' --"-- E 1.1.011 suggested that it aightel be better to .su c ency, ut not possess the visions, and to inquire unit lands they still selves. It was really ludicrous that ti rust for the Charity, how far the Corporation Court under the definition of indrpend e couldtbe nude avallabieto - the purposes of Con was, how did we find the Itemn it the ealanoleghe iangseedginaHy devised bore no relation to England; the we s would now innerant tars .l 1) order to deter- This was not what had been called a rents of these Siprperatioa 'lands should be rise out cf the ocean like weed.coven es intendid in Illetaveinal bequests. Inquire how they obtsined arms and would accede to this, if admitted that they became an Independent nation, a n could not be made sec for the etal. those legally constituted. With these motors. to them no shiEs. ELLOR-111 matters of u sed I The LORD CHIEF JUSTICE-I'es pective account, but aim* eat the tom-house to Chili and the other State it: future according to 1 on of the 31r. Sergeant SPANYIE said ships house to all parts of the world, but agreed with his Honour. - Vsnht it Suites to which they went were tenant intention of the Court to auks the *meat of Commentaries, page. 25.2, 111.scicis e f or the fine of 210/ l ev i e d in 171$ oe 172tt al delegate or representative of the ptsplc ace that time. lie now relied upon the 0gi..7 lending Ambassadors to foreign States v had now declared and was confided thig city, thert.fore, how could we k front it. a tt was proved by Don Garcia tl cxxo a—l never have swerved. tees gas Director of Chili. The Ding* of the Bank of England, or c or is expected to hear causes on Saturday. WM.' It min of law could not ackno Amps acknowledged by the King. 'I NO'S DESCH, Tunas flaw, FEB. 9. tge States of So h America were indi of kw could isc them. One ,NSION OF THE Rr!,ES. Domingo) late , had ✓ Jurrict said that the Judges had some one of th arinranee tition from a private individual, playing for after this t of a Danish res. ties, and yesterday they had received another, to St. Dentin of been recagnised. 'they had come. Their Lordships had token if rd • States new. TIC contideration, and were all of opinion that it their own.. far as regarded th reason to induce them to grant Its prayer. it was as heart could dean CD?iSPIRAC whites as las ey could. (Laug . GODFREY, THOS. JOSIAH PARE, AND HIRAM/CIS ;'l Cy 'd not spring up a TIMBALS, OTHERWISE GODFREY. asserted the Squib merican :states etment tried some terms ago before the Lord "Ye ate yourg, tar t Jericho till yl ell the defendants we're thtind guilty of a eon. but ye are rebels to Severeign. ono persons, and for obtaining from several of Tue Loan Cut f great value under false preteaces. "You have taught the eels prayed the judgment of the Court against Mr. Sergeant SP Vets utl France and Spain , JUSTICE having read lis notes of the avi. ---- have tat sin were put in and read en the part of the Us blood s, wit Return so ' invent addressed in. Court in mitigation, and Mr. You hate taught us to MOOgniZe Ilan Of punishment. cfalice returns to your own " . -.~..•~+,r+~ THE BRITISH PRESS. dente proved that the plaintiff came hire to do that which was not legal : he was a stranger it was true; but being in England he was bound to conform himself to English law. The averment stated enough for all his present purposes; but suppose its language bed been something brunder—auppose it had stated that the plaintiff, deputed by Doh Bernardo O'Higgins as roving commissioner (for it appeared he wee ordered to all the courts on the face of the globe.), &ought to raise a loan in England in behalf of. certain persona who had thrown off their allegiance to their sovereign ; and farther, that plaintiff having been libelled in matters relating to this transac tion, sought to recover damages. If this had appeared on the re cord. would not their Lordships have said that the plaintiff claimed that which he knew was contrary to law? Now this was absolutely the nature of the averment. It the plaintiff had averred that leis moral character had been libelled, then lie might have maintained Its action t but he had mixed himself up with political trans. :labile: which involved the question of legality. that The Loan CD MT JUSTICE—Suppose tile libel had been, the plaintiff had picked some person's packet of these bonds, would it have been an answer to have said, the transaction of the borate was Wept ? Mr. Segeant SPANXIE said the plaintiff might have confined himself to the matter of the libel, and not involved the question re lative to the bonds. Suppose a smuggler were libelled by being called a dishone.t smuggler, it being imputed to him that he had not fairly divided among his isasociates, according to agreement, the spirits illicitly ebtained, bat instead of so doing had appro. primed to himself the greater portion,—this hypothesis tali the case under' argument were tolerably analogous,—could an action for damages be sustained ? Could the Court take cognizance of such an illegal transaction? The Loan Curve. Jraricr—Your caw is ingenious. brother Spankie, and at first staggered me; but here the plaintiff rind de fendant would be partners in the illegality. Here the plaiutiff was charged with fraud ou John Hull, who was no party. BIN Sergeant Srategit:—llly Lord, the Bank of England held the parchment. morbeaging the lands of the Colonies, which lands were about as tangible as an acre of land in the moon. It was on the faith or this parchment that the English capital had cmi. grated. The LORD COM' JUSTICE—I recollect when a throne was lodged in a place of leas importance than the 11. ink—I mean the s3ignoient of the throne of Corsica, which laid to the county of Surfey Sessions Court. Mr. Sergeant SPAN XlE—And got no bidders, I believe. The Learned Ser, , amnt said that it would be as reasonable for it Captain Macheath, charged with having appropriated to himself, instead of having equally divided it, too large a share of the booty he had ob tained from the harmless traveller on Hounslow Heath, to assert that he was libelled, and entitled to damages, as it was for the present plaintiff to make the claim he did. The Court could not admit the present claim without admitting that the transaction was legal. Hunt v. Bell, Ist Hingham, was a case of libel, impaling the taking of money under false pretences. The Court decided' that it was of and concerning the plaintiff in Illegal transactions of sparring, so he could not recover. It' die jury could have tinder. stood that the present transaction was not lawful they would have decided differently. The LORD Crime' JUSTICE said he did all he could to press thie . point on their consideration. . 1%1 . 1. Sergeant SPANsm—The duty were not able to make the I distinction ; this libel had no relation to the plaintiff's goperal Oita. racier. If he had confined the nature of his claim, he might have sustained it; but the details had led to the question of right, and the Court would not consider the illegality of the one party without weighing well that of the other. The Loan CUlsv JuSTlCc—BrotherTaddy, you obtained leave on a previous day to move in arrest of judgment. The Court will hear you now, if yon are prepared, or to-morrow, it being of opi nion that this question may as well be settled at once. The Court is desirous of having the case as fully before it as passible, that its its decision way not run the risk of being set aside in another place. Mr. Sergeant TADDY wished to know whether the other side intruded to stand on the general verdict. The Loan ClllEr JUSTICE —They must : it would be impos. I Bible now to say what damages the jury have given on each sepa rate count. The damages cannot be separated. Mr. Sergeant Tstior then moved for a rule nisi on the last count, and the last but one, on the ground that the lauendo was too large. It attempted to give to the language of the libel a more extended meaning than the words would bear. The eighth count set out the libel as follows :—.•"fhe plaintiff lett no time in trans ferring himself to Paris with 200,0001. of John Bull's money." Then followed the inuendo--" meaning to infer that he had de frauded the English nation of that sum." Now the only word on which this inference could by possibility rest was " transferring." This surely did not state fraud. The ninth count was liable to the objection that it only set out that fraud was imputed without de scribing the nature of the fraud. Mr. Sersteant Vatic HAN would show cause on Saturday. lie apprehended he could enter up judgment on any count that was good. The Loan CHIEF Juertc E.—This was a case of slander, and was therefore widely different from other actions. It was impos sible to say what damages were given at Nisi Prius on each distinct count. Mr. Sergeant VAUOIIAN trusted it would not go forward to the world that the states of America were implicated in any fraud. The LORD Curti. JUSTICE—I am bound to say to that,linked as we now are with the independent States of South America, they are entitttd to the greatest respect. Our prosperity is dependent to a considerable extent on theirs, and therefore, both as a citizen of the world and as their individual well.wistter, I trust that nothing which has here transpired will receive a wrong construction. My brother Spankle has argued this cane very ably, and the observe tiona he bits made have been called forth by the necessity which existed for considering those States, not as they now are—recog nised by the King of England—but at they were before the recog nition took place. • Rule :Nisi granted. PREROGATIVE COURT, COURT, THURSDAY, Fen. 9. [Before Sir JOHN NICHOLL, KXT.I DEW V. CLARKE. The reading of the voluminous assignations having been ron. eluded on the last Courrt.day, this curious and important case now name on fur argument. Our readers will recollect that the case turned upon the validity of a will executed by the late E. Stott. Dr. Le au tx o TOW appeared to support the legality of the will. He said diet the question hinged upon a principle which had never before been advocated in any Court. It was sought to4nz4 peach the will of the late E. Stott on two grounds ;—that the de: ceased laboured under a partial insanity with respect to hid daughter, Mary C. Dew, and that he was generally of unsound mind. As to general unsoundness of mind, at had so often been considered that it required little observatten but the point of partial inanity required some consideration. The case of Greenwood v. Greenwood bad been referred to, as bearing on this part of the case; but he did not conceive that it was applicable. The facts of that cue were simply these:—Mr. Greenwood became insane two days after the death of his hither. He laboured under the idea that his brother, sister, tutor, and some other persons, had formed a con. .piracy to murder hint. In his general conduct Mr. Greenwood area rational and consistent. His letters evince the correctness of his understanding, but yet he continued to labour under the debt. Men for about two yen,, when he died, and left his fortune to a cousin, disiuharking his brother and sister. Lord Kenyop told 'the Jury, in that able, that unless they believed the deceased la.. -bound under general unsoundness of mind, they must consider the ssill valid. Mr. Greenwood's unsoundness cf mind at a partici ' lest period was admitted, and the question was, whether lie had re covered from that insanity ? But in the present ease no insanity was admitted, and the question wt.?, whether there was any insanity 'at all ? Perhaps the nearest approach to the present case was that .of Liodo it. Linde. Here the testator was under the delusion that he held converse with spirits. His physician refused to cer tify that he was of unsound mind, but certified that he was capable of accepting bills to the amount of 100,000/. In Linda's case the will - war set aside, but all the facts of the case did not bear on the case now before the Court. The testator, at the time of executing his will, was aged, and in a very in ilrni state of health and underatandiwg. „ These . circumstances Ir t r o d p ered resent t . haticse vro co pe og i l 4 :c. a ht w e? l , an ichw d as tostin g g i t l i t isi t i o ed be at fro! tarred at the other side was, that the deceased was mad on one t, his aversion to his daughter, and that an his acts connected with that poins.were null and void, but that his acts on every other point were good and valid. Dr. Jenner's arzunient was, that all. kis acts respecting his daughter were insane, but that all other acts of his were performed.dpoug • lucid intervals, and were therefore valid. L a rd Chief Jetice Ilale's sentiments on 'nodal nildness tams worth the attention of the Conn. In his Pleas of the Crown, .chap. 4, p. 49, he said that there was a kind of partial madness Which could not excuse the corurnis,ion of capital crimes. All persons who committed crimes of touch is nature may be considered as labouring under settle degree of insanity t be it was difficult to determine lier.v far humanity should actuate us in considering such erimes,.and how far we nut it to be governed by a consideration for' public justice. It was ditaeok, be said, to disungnish partial from general insanity: but lie would say,' that although n per. o n should labour under a distemper of mind, if that person ordinarily pos. wooed that degree of understanding which belonged to one of the age of fourteeo years, ti n t _person was acceptable for his or her acts. • This explanation of Lord Chief Justice ill!es was fat from being satisfactory, nor could the principle be laid down in very clear mime. Dut though it wits difficult to say it hat constituted insaalty, it was not wo elffieult to say what was not insanity. A matt 'could not toe'ettid to be of noseend mind on any particular question if a certain • number of rational persons viewed his con once oh that point as consistent, and not as irrational. The opinion of the majority on any person's conduct could not easily be ascer tained, a.ld when paa.sloa was interested the majority were gene rally wrung ; bur when a number of persons agreed that an Indivi doans condor'. was two ireational, it was bold to say that such con. duet waa evidence of insanity. There were insioneeit of daily oc currence -' ' '• could not l'" viewed ' .. • .... -. ing their a with , hcritinf The could ni for gene free ? was mad, ha. (laughter ence which could not be viewed • without horror, of fathers treat- their children with wanton severity, o.ia without Cause disiu- ting them . The injustice, the barbarity of wich conduct, 1,1 not he denied, but such conduct was not a sufficient ground setting aside s will, because It coniti not destroy the power of disposition of pooyAmy. , the doctrine held at the other aide admitted would go as tar as the gr(.llt lieke',, defini t ion of Iness. 1,0e1::7 said everything was madness which was no: con. out with right reason. His hewed Friend must go nearly as He utast tit)t only prove that the testator's treatment of his gbtev was ltarharous, and this his aversion was groundless, that hit( eves bottomed on in it ani ty -. To manifest his in- ity it intht be proved that he believed in the existence of things. which were impossible. or which no retinue' person could Ileved. If lie expressed hineielt in such a manner on a subject that every rational person who heard him felt t toured under a delusion, and that it was idle and useless with him, this would be evidence of the individual's There were many difficulties in the present case. hlan , no doubt, were said and done by the deceased, the reasons i lie had kept secret in his own breast, ard which from the time it was impossible now to prove. It oaten happened , sons, and especially parents, were willing to suer the riling from arta apparently severe, but which acts of (when the motives were discovered) were found lobe most An inquisition like the present, which included forty man's life, was much to be deprecated: For those forty deceased continued to he considered by all who knew him of sound :hind ; anti was there sue man who lived to the , years, and who lied not acted in a manner apparently ducted, censure, but which, if explained, would appear in a different I . If the deceased was insane, it was asserted that he was PO point only ; all acts done by him which leed no referenr daughter were good, but all his acts respecting lien we This was presuming that life consisted of isolated facts, fact was that all our contracts were so mixed up with the the future that it was impossible to separate them. Th uf the testator's marriage was denied by his learned friend— Dr..leetgen begged to set Dr. Lushingron right; he ha. thee admitted nor denied the validity of the testators marriage, Dr. Luau INGTON resumed. What a state of things Voss the course taken by his learned friend !' The most sacred which It was poseible to make was held to be of doubtful' a daughter cannot take upon herself to say whether her marriage was good or not. Such 'were the consequences , ' from the doctrine maintained by his learned friend—coneeqi an frightful that the Court must recoil froth them. Suppthl the testator's marriage was good, could it be argued that incapable of disposing of his property at that time, thour capable of funning a marriage contract? If he could nt will to exclude his daughter, could lie have made a will t for his wife or for other children, if he • had other children deceased died worth 40,0001., and left his daugh ter only 1001, *very miserable and inadequate provision no doubt, but w would. hate proved the soundness of the t estator's mind ? lir 10,0001. to ,Mrs; Dew, could it be maintained that he wi and his will invalid? The question for the Court in till the case Was, what quantum of property it was necessary parent to lease to his child, to demonstrate his soundness ur But if it was presumed the deceased was insane, then admitted that his aggressions were not criminal. He answerable for ac!s done insanely, and was not competent sane acts. If the deceased was unsound on one queition would give his Learned Fricnd the benefit of the admission, was of unsound mind altogethq,. But if he were to ado everyword in the tremendous bulk of evidence was' rue. it not work out what was contended for by his Leached Friend. Learned Friend was not content with stating the testator' to his daughter as an evidence of insanity, but it was si. his religious °pinkies coneunimated the whole, and evinced soundness of mind belond all doubt. Now, as to religious he (Dr. Lushington) would say, that however ridiculous a travagant any man's religious opinions may be, and however think opinions may be to those held by rational men general] absurd notions had pervaded the minds of men of 'ability were still considered of 'wind mind. In short, the annals sanity furnished nothing more extraragant than the annals of ticiem. He would not trouble the Court w it's instances, but only refer to tt Southey's L fe of Wesley," where it would in what unaccountable extravagancies men indulged, wl yet considered pious, charitable, and intelligent. Those conscientiously believed in things, of the restence of we" persons of sound mind had no idea. With respect to ti sion of the inmost thoughts, upon which the testator so rigid sided, it was practised by large astieniblies, and whether - by Catholics or Calvinists, in his (Dr. Lushington's) npint most absurd. Mr. Southey described one class of fanatics Ing in small numbers, and speaking of the state of the ' and their temptations. and their deliverances since the ing. Ile might cite many other instances—he could , .loanhalt Southcote and Dr. Hayes, and talk of the roast , the white donkey, but it was much better to spare the time Court. Experience proved that however absurd religious in may be, they ought never be considered as proofs of insani was said that the deceased was eccentric, but eccentricity • alone was not proof of madness. The habits and customs duals widely varied, and perhaps it would be impossible to life of any individual who lisul not indulged in some &youth tricity. He did not contend that eccentricity may not border ness ; but unless it was carried to such au extent as denoted in itiwas no guide in cases-like the present. He (DoLushington an old gentleman resident 'in Bedford-square, who never w without having hit pocket handkerchief sewn to his pocket it front pickpockets; and who had such an aversion to appli that he never passed one without overturning it. These eccet brought the old gentleman into much trouble ; but no one sequence 'ever took upon themselves to assert that he There was one very peculiar feature in die present case. was fixed upon as the commencement of the period of but the evidence was spread over a period of 46 years. Every was considered of sound mind until the contrary was proved, if It was admitted that a man in all the transactions of h acted consistently, the "Court would be cautious before it the canclusion that eta precise time he was influenced by In this case be submitted that the presumption in favout testator's soundoess of mind were so strong, that the Court never determine that he was incapable of disposing of his - By indukry and talents the &teased had risen from a low to wed& and affluence. He was indebted to his ability his property. He hail no advantages, but by his perseverance, whicheeine striking characteristic of his minds be arrived at a re. suitable station from having been a servant. He sow esteenieal b , all who knew him as a man of remarkable strong mind. His int' mate.friends never had art idea of his insanity. He was allowed enter into all kinds of contracts without the lewd suspicion r' capacity was capable of impeachment. In fact it was im) that he could bare acted as he did act if lie had beervof set mind. He was never deemed insane during his life, and now contended that he was a madman. though lie was not sidered so. [The Learned Counsel here reverted to the evidence, which our limits do not allow us to follow him in detail.] the averment that the deccaaed had inflicted cruelty on his had nothing to do with the case. What could his cruelty wife have to do with his conduct to his daughter not then ban it were admitted that he was cruel to his ewe, it may be said was crueb-in all the relations of life; but his barbarity was nol why his rill should be set aside; but the averment of cruelty wife 'Relent supported by the evidence. As to the averment th deceased had treated Iris daughter cruelly during the first seven of her life, it was completely disproved by the evidence. not proved that the deceased hail evinced any antipathy child before she had come to an age when she might given him serious offence. lie (Dr. Lushington) did not to justify the conduct of the testator, but to argue that it not inconsistent with sound and rational .feelings. No d a child ten years old may conciliate the feelings of a paten, may reasonably excite anger. The evidence uf the testator' elarations were chiefly depended on to support the avernit cruelty to his daughter. There was an extraordinary inconsi between the evidence of the witnesses and their conduct • the deceased during his life. The venerable Bishop,of was eighty-eight years of age when he gave his evidt could not be supposed to have a very accurate recollection or of circumstances occurring ninny years ago. That person said, that from what he observed, he could not to, himself to state whether the deceased had laboured under , delusion or not. But the conduct of the Bishop of Durham other patients of the deceased was the best evidence of t' niona. They never could have trusted themselves to the person whom they considered of unsound mind. No rational who had a suspicion of a medical attendant's soundness of would venture the experiment of taking his advice, for how he secure himself sgsinst becoming a victim to his insanit was true that his habits and conduct might have been but nut sullicienily 34 as to have prevented persons from consult him on whit every individual deems of the highest importance himself. 'I here was an eminent surgeon of the preseut sometimes surprised his patients, but no one ever had doubt of his soundness of mind, or else few would be disposed true. themselves implicitly to his care. That die deceased ha, treated his daughter with unjustifiable severity, with barbarity, WAS not denied, but the extent of the severity used It was t Bible to find out. There was no witness to it, nothin e to but the testator's declarations. From the nature of I and the high ideas he bad of parental authority, no tue had magnified the severity of hats conduct. He conceived, those barbarous elieliitions of feeling were creditable to bid that lie was ueriacing his natural feelings fox the sake of Isis salvation, which lie thought might be secured by such s Such opinions were most repreheusible, but some persons it indispensable to have an apparent conversion, and thou; severity improper, which should produce it. The doctrine • which he. wished was S,xplotled, but it was a doctrine Court could hold tiny ways inconsistent with soontinese The witnesses for Mrs. Dew -spoke of the delueim under . the testator laboured, but delusion was a very vague and Wet term, and was very different from saying that the deceased insane. The Learned Gentleman here entered into specii' vatiun son the evidence given by the several witnesses. Al, minister of the g ospel , Pccnicti to deem the testator an iesatie in his evidence, and yet he endeavoured to argue with him living, and to work upon his midersiuding with the aid of gion and reason. On one occasion, when he had efil.oted thing like It reconedietion between Mrs. Dew and her foie desired the latter to say,"l receive you in the name of Jesus as a daughter." Could Mr. Wilton have prostituted' character, by putting such words in the mouth of a man believed to be of unsound mind ? And again, when the i tiro: did not produce the fruits which Le expected, Mr. wrote to the deceased to detere him not conic to COMMOni chapel, as he could not administer the sacrament to him, i quence of his hostile feelings towards his daughter. letter was written in a style which. clearly denoted writer did not deem the person whom he addressed . In short it was elm that the deceased, on ordinary occasions, only gave evidence of soundness of mind, but that lie discussed dinary subjects with peculiar acutenees and ability. The re in which he had than to wealth and respectability proved' seated of talent, undemanding, and judgment. If considerable tact he could never have fooght his wad ceedeel as lie had done t and he-never could have been consul lie was by persons of the Wiring rank and, soundest judgments this kingdom. It was now hie painful ditty to advert to those cumatanees In thelife of Mm. Dew which Mad naturally • lathet's displeasure. There were circumstances in her „ . . „.....- imememainweweaummum Id have be- destroyed the hopes of the deceased, and proved that hie al.. particular querft treatment of her, however harsh, was not altogeth er rn .,„ B " - Z* that he la. less, and that he acted from the impulse of a sound mind. li":„,.."'” .ss to argue rind his severity to a degree which every run of humarfor am ,`;`• a insanity. pito-et and condemn • but there was sufficient in Iles. is 71 ' “ e ° forg, duct to excite disappn;batiem in any mind, and esp ec i e g ei e : . core. is which like his :in the mind of any titian of the same generil cl' mica{ is lapse of and general opir,ioas. Mrs. Dew be.canie jgrr ...• , R 'k'!'t? . .. al that per- mily a her present father-iii-law without L et . .. ' - he obloquy She went with that family to Bwiteerlend , t ,- of seventy I returned and remained some weeks in Londue - • it laudable. him ; awl to slum up all, else nutoried agr. . . ' years of a without his approbation, into a family which n . •'' r years the from an early age she was stated to be of • pen, . '' as as a man temper, and it would be re: ousted that she v. a ie age of 70 two schools for misconduct. These eleutamisocor, - • eserving of to create disapprobation in any emu's d ll i t , i Tent light ? ful if the disapprobation mu ruatifesallikkelh by w ,'s .'' e ''' • sso on one There Ina nothing to prove that the degeemottmas d i ,.,, , ... I .r , ' 7, 'rice to his feelings. He seemed to here a feverish inxiety aloo o • sere insane. ter'i welfare; and not to con s id er dryoy expense, w .. ~' '' • whilst the question. It was proved b e had offered 1001. •• , ' . ''' ,' c put and taken back to one of the schools from which she , . ',.,',„,,,,"" the silt lie validity cd. The regular terms at list School were oael. t . ".. , , '.,"'"' d- when IDOL was refused to ta'ae beck the girl o „ „o - '''' he had nei- offence could not have beet, of a say read! 't . r irriage. tor's lettersorere strorg evideouget Ms acunWs;s ...,.., *- ionise from .ar of his feelings toward' bia .dlaillistrt• ir main .•1 ' a:* ed contract through these letters, ant• tie amen istatme•Witie ST —:l .... al legality ; depth of feeling which fees amid Imitate., and whit' s ersl/1,::,: ter father's thee surprising, consideringkbe brinie s t of addeation .aos ar ~.; s resulting , the deceased laboueed. Sans et.theee letters wom wr.• ~ „• , neequences i anterior to his last marriage, and eddy 4 little befa • Rat that ' of his will, They were ea moneteatione of do , .hat he WO sound understanding of the volts?. ".ow ss to ' • aso ugh he was made in a state of irritation and angry !Woos, •.• • .... ' _ not make a for was free from all emotion. The bequests In the will sere Ito provide proofs of the testator's sanity. Mn left 1001. a year to the sole l t d a settlemut which he had prome col to rem ? The separate use of his daughter, thus making it independent or k r 001. a.year, husband. There was no doubt that his object in making t what actin was to exclude the Dews from partaking of his property. The will Had he left in other respects proved the soundness of the testator's mint. H e pas insane, provided for his wife by liia view of inak^ before the celebration of his marriage. lie left various M. essary for a fling bequests to his friends, and his daughter having oghtsded him as of mind. he left the bulk of his property to his nephews, who after hit lit must be daughter were the next of kin. There was nothing insane, notlf.aa e was not unconimonsin such a disposition of property. It was idle to one. it to do any tend that the deceased was generally of unsound mitul. 31n, in only, he Dew's conduct towards her father always proved that she consider. ion, that he ed him of sound mind. There had been a verdict at common law, admit that but the question as to the testator's soundoese was not tried In the le, it would case, and it went for nothing. Undevall the circumstances he fels lend. His confident, that however deeply the Court may deplore the transact r's aversion. dons that had been laid open; however the Coon may lamect tie stated that case of an individual deprived of her father's property, It mug me• cud his un- suit the interest of the community. That interest was best consult. lous views, ed by adhering strictly to the law, and by avoiding d precede!. ites and ex- that would throw down the barrier which marks the difference be. • ever averse (weal sanity and insanity. molly, yet I'he Learned Gentleman concluded at half-past three cidoei, ditty, who after speaking for above live hours. The arguments of the othe , nals of in- counsel will be heard nut Court.day. dr; of tins. ---umm-- but should - tld be seen SECONDARIES' OFFICE, Cooexaw-STREET, Sit. 0. , who were osc peraons VIE TRUSTEES Or ST. THOMAS'S HOSPITAL D. TEE ITY.w. 'Mica other MARSHALL. the confer_ The Solicitor for the plaintiffs stated that the action was broach: rigidly in- against the defendant, who was the receiver of the rents of the ' , I . pruttee d farms held by the Governors of the above Hospital, in the counties '. nSon it was of Essex and Cambridge, to recover t h e sum of 1,0301. 8s gd, being es as „ att• the balance due from him to the plaintiffs. The accounts betwera icir hearts, the parks were annually settled, the defendant being in'the habit last of sending up an account of hi s rece i pts an d disbursements every go meet- on to Christmas, which remained at the Hospital fora few days, when st pig and they were examined by the accountant, and the defendant, on his ime of t h e canting to town afterwards, sigued them. The accounts had beet Is settled up to January, 1824. He then called Joseph Revers, who stated th a t h e h a d h e ld the opinionstty i t y st ~,, d b ig situation of receiver and accountant to St. Thomas', Hoped !of during the last 30 years. Th e d e f en d ant was appo i nted the receiver a i Of rents fur the Hospital, in the counties of Estes add Camb r ia n , r In the year 1799. It was his duty to p ast hi s accounts with ot. er i a e n ce d ec i et v hn i . e .. et oo ne w_ news annually. Ile generally sent them up at Christmas uro. 1 insanity, and came to town early in January, when they went through to 00 ,0k hee , accounts together, which were afterwards signed by thodefindso. r went out The defendant bad constapt access to the ledger. The last &cow!• kct to save was settled in January, 1824, and the aecur ac y o f it admitted is , ppie ma n s the defendant, by w hi c h it appeared that there wail a balancedt: centrichies from him to the Hospital, amounting to .1,2881. Ills. 7d. lie Inc in con- afterwards sent up an acco un t o f hi s receipts antiallsbureetneas : was mad. for the year 18 2 4 , in which he charged a commissimeon the stun N o t w ee 5,Z nor co 11. for rents which he bad nllected, and which item we insanity : of course disallowed by the Governors, as the plaintiff would te :very man compelled to employ another agent to collect them, who wont roved, anti of course charge a commission for his trouble. S of life had The SECowimair having decided that the charge could cot it came to allowed, te • The defendant's Solicitor a gree d to subtitle to a "Mallet foe de ) plaintiff. y ou in r u of ni t t h y l; met could Damages 1,0001 . 8 5. 6 d. and the Jury returned a verdict for that f f amount accordingly. : t . . .• , y alone for POLICE. • • C s property, a t tutton :severance, • , ed at a re- aeemed by . lIATTON.GARDEN. lit e t et t_ Was. ()riles, a footman In the service of George Brown Roapell allowed to Esq. Barrister at Law, of No. 46, Great Ormond -street, ire on that hie brought up in the custo dy of Read, jun., charged with lobbing his impossible master of wine and various other articles. if unsound Mr. limpet' stated that the prisoner had been sonic time in his and it was employ, and had the care of the plate and wine cellar. Dining the as not con- last three or four months, the stock of wine had suffered so greats vidence, in diminution that it became necessary to inquire into the voided of 1.1 As to the servants, and suspicion naturally attached to the prisoner, es his wife, it havinn the immediate care of it, and he was detected in taking :ley to his things wet of the house. ; born ?IC Read, jun., into whose hands a search-warrant had been pet, aid that be stated that on searching the , prisoner's wife's lodgings, at No. 12, a toreason ll'eston-street, Somers -town, he found a number of chiunisagsse selty to his and claret bottles, together witja quantity of mould candles. a n that th e Mr. Roupell said that robberies of this sort were carried on to ieven years such an extent by servants, that it became necessary to make in t. It was example of one, in order to deter others, by to his . The prisoner denied the charge, and was remanded for armlet right have examination. I not mean BURGLARY AND RODBERY.-InfOiTostiOn was received at this sat it waa Office, by Lea, the resident officer, of a burglary and robber, • No doubt having been committed at the house of Mr. Hams, furrier tad parent, or laceirian, •in Lamb's Conduit-select, between the boors of tie • tames de. and six on Monday morning. The thieve% got in et the rear it t 'ermente of the liaise, from Long-yard, by means of a lamplighter's Itulde, .. ainsiatency with which they descended into the area. The family °metier et towards the upper part of the house, the fellows experienced no interne. •t* Durham neon, and succeeded is carrying off two large bags of furs, of rte dunce, and value of Mil. and upwards. nof dates, 'l'wo men, found lurking about the spot, were taken up on ,13. Venerable picton, and are now In custody. take upon :r a mental Cif.YE OF HORRID AND BRUTAL ATROCII I . sham add their --mmano-. inn- ! care of a [From the ..Valnpian Journal-1 clonal man In giving the following outline of a cue of nnheard-of and its. s of mind natural cruelty, we suppress the names and residence of the pin. how could ties, as the ease is in a train of legal Investigation. A brother sad laity ? .It sister reside near the northern bonier of this county, whom fadses n singular, died about fifteen years ago, leaving seven children, four eons and consulting three daughters ; one of the eons was, unhappily, an idiot. Tax. lortance to Whet. by his will, bequeathed to the brother and Mater The sum i: it day who 1.5011/. in trust, the interest thereof to be applied to the mainto al the least nenco iii the most comMttable manner his unfortun a t e situatior lisposial to would admit, of his deranged child. Immediately after the des :eased had of his father (as is alleged) die poor idiot was locked up ilt a eeetds barbarity, dark room is the house, where he was daily fed like a swim ras inipor. through a small aperture in tile wall, for a series of years. Alto a prove it eleven years ago the brother and sister gave it out that their 0 his mind, fortunate brother had died, and was buried at a distant place. a o doubt he consequence of which the family sventintomonening for him. Th ived, that brother and sister then spread n report that their house was boo' i bith, and ed, in order to deter persons from visiting it : however, a low his child's girl, who had beets with them fourteen years, left them a•fete dap h severity. ago, and went into the service of a Magistrate in the neigh's!'" ins deemed 'hood, and communicated the above eircamsteroo. 'ewe Sila;is ." thought no took immediate steps, iaN, with a eormaWe, he 'ova te she i ,-.!.. ue was one acid requested admittance. This bring reaued, he horst i , i which so door, and found the unfortunate object cif 'their seareka ,, . aof mind. total darkness. They procured a light, and discovered .t ~'' Wee «Lich rabic victim of atrocious en m ity evoaehleg hi a somer et i Indefinite room ; his hair haul grown silt over hint to the length or ore 6 ceased was four inches; he was becomoquite degerined, turd sheath r, ~ cite obser. more than a yard in height; what his father died hooraa ' " IrAl'ilson, a well made anti tall yourg Man. 'Blank* were fed -I' insane map hint in, but when the crimitabba owlet to witp "stotird him . him when sprung at him and bit him ill ii• cheek, nsialfitg a bort"' - " l '" aid of nib. intelligible noise. He was, boa ever, Istmerght Mem - • . . coed some- conveyed to the Staffordshire !PIMP .0 Asylum, w a ^ , father, he remains. . sus Christ, e__, v.. _ 0..._. , I his sacred 31MIIIIID. i whon o ,'„ he On the 7th inst. at \Video.. thumb, Bath, Thold In c• ' """ 4- Wm. Henry Haggard, Eaq. tit Bradeeihawl Wilson Maria, youngeat daughter of else tate %I' al. 'l' 0" . • _...... a, in mote-_ m k s " at lai" square, Bath. ter. This . DIED. El that the On the 7th inst. Mrs. Piffir, wife tar-laffie4 nitro :'i. ;ed insane. Moore-Dlico, Lambeth. 40 58 . i° "`, l)(3t At liamparead, Alidelleatx. QD 010 23 - ; , DA•Villl' ' L ISCUISSO or. Gillen, aged 63 yews. .. .1 .-,, __,r i t emadneT At Tours, in France, on die 96th ult. jcim Rade-, -/ •"" '''''' P al ' Iteigate, In Surrey, it Are 511th year of his age. e he had not est and sue- tershire, Samuel Mitchell, Esq. second sun Or - th e lat e 31 OD Sunday, the 29th of January, at Brokenqtac Hall. it'° • "' gulled " 'Mitchell, Esq. of liorosey, Middlesex. 110 to those cir. -----...0,.. asais Oh' excited her. . 1 at THE BSI Ctfileb, by J. W. IC• 4 _,_* . idgments in t life which 181, Strand, and published by It. Can 11916 POPP'