The British Press; or, Morning Literary Advertiser. — London, England, 1824-04-30 00:00:00

LUX ANSOCIETY FOR TIIE ENCOURAGEMENT AND IMPROVEMENT Ur SERVANTS. The Society held their Eleventh Anniversary Meeting yesterday, I at the London Tavern, Hishopagate-street. The Meeting was very numerous and respectable : it was chiefly I pored of Ladies, whose interests were more immediately cun nected with the Institution. At six o'clock Mr. Alderman Badwie was called to the Chair. I Be briefly stated the object of the meeting, and the nature of the society. The Rev. H. O. War eye s, the Secretary, then read the • Report, of which the following is an abstract:— •• It is on all hands allowed that our personal tranquillity greatly I depends on the good conduct of our domestics; but the paucity of goo d an d respected servants, and the plenty of bad and unhappy o nes, are facts daily acknowledged and lamented. 1 1' I hile, how- ever we deeply regret these circumstances, we oaght not to over- Wok , OT to •iew with apathy, the various difficulties and dangers through which servants have to pass. Possessing the same COOl mon nature with ourselves, and exposed to much evil conversation ! and example, the moral habits of those females , wh o, through n ecessity or heedlessness, have frequently changed their situations, I often become progressively deteriorated; and many who began ! there career of service with the must uptight intentions and cheer ing expectations, have terminated a gradually declining coursz in the wretched ranks of prostitution--have then soon become the associates of thieves, and mostly out an early death in diseased and friendless circumstances !! " The Society was instituted to promote the moral and religious improvement of OUT dollteStit ' S and to encourage them to be cor rect and trust-worthy in their conduct, and to continue as long as possible in the same services respectively. Towards accomplishing these ends, the Society has distributed among female domestics, since its institution, more than forty-two thousand tracts, written for their iuiprovement. Seven hundred and twenty-nine Bibles have been given to servants who have lived one year in the family after their nomination ; and 2 0 3fifiL Os. rid. in one thousand four hun dred and fifteen pecuniary rewards, have been distributed among acrvants living from one to ten years in the same services. Fifty three servants have received the septennial ret- aril of •hree guineas each. In addition to these encouragements, and to form a sort of selection of apparently worthy females, who might obtain services with benevolent subscribers to the Society, a gratuitous registry has been opened in the central part of the metropolis, for their benefit, •• ender the sole conduct of a respectable female. Through the me • diem of the Registry, in Hatton-garden, three thousand nine hun dred and nineteen engagements, between subscribers and servants, have been made, by which it may be presumed that many worthy individuals have been much waisted, and a considerable quantity of domestic convenience occasioned. " The Committee appeal to the public, on the importance of ex tending the advantages of the plan to a much greater number of families and of females, than now enjoy them. The promotion of morality among our domestics is indeed a desideratum, in order to prevent the religious and moral principles, in which the poor are now so generally instructed, from being rendered worse than nuke tory by irreligious associations; and that the influence of the good instructions they have received may be maintained amid the tempta tions of various sorts to act wrong, to which servants, more than others, arc exposed. We rejoice in the endeavours that are making to instruct the rising gene-nu t, but mere instruction will nut fur nish the country with a decidedly moral population. As the Society is instituted to aid in the formation and maintenance of virtuous habits, every subscriber, in this view, becomes an agent in pro moting its designs, and reaps the immediate benefit of his or her personal endeavours. Tu the honour of this benevolent age, even the recesses of the prison are explored, to restore, if possible, to usefulness, old and practised criminals. If such things ought to be done, aber things, in the way of preventing crime, ought not to be Left undone. Surely the young, the unsuspecting, and the virtuous female, seeking only an honest subsistence, but obliged to seek it wherever it can be found—probably at a diatance from tither, mother, and every relative, who might disinterestedly advise or pro tect her—associating of necessity with fellow.servanta, whatever may be their moral character--standing every hour on the brink of a precipice, from which she may till into perpetual wretchedness by 011 C heedle ss and unadvised step;—surely such an one demands ail the protection, the improvement, and the encouragement we can afford ! FUT (if we dare make a distinction) endeavours to support the good morals and happiness of au individual are more really va luable to society than waiting, as it were, till the character become absolutely worthless, in the hope merely of restoring it to sonic small measure of estimation. Endeavours like those, which the Servants' Society professes to make, tend to prevent vile, and to bring with them tneir own reward. Our children will be better MS raged, and their morals more regarded ; and our youth also will be exposed to a less quantum of temptation, in proportion as female virtue is protected and vice prevented." Mr. Alderman Key, in moving that the Report be received and printed, observed that he had peculiar pleasure in coming forward un this occasion, in support of a charity which ought to be encou raged by all persons, whether as men, as innocent ' or as Christians. He had employed many servants, and always found that the re wards which had been given them had contributed to soften their care& and ameliorate their condition. At present be had one in his service who had obtained the recompence for seven rears' ser vice; and was happy to state, that while attending to her duties to her master, she did not forget those to her load. The Rev. 3lr. BENSON seconded the Resolution& The Rev. Mr. IVILLJAms, of Homerton, said, that it had been a ruling sentiment at a titeetieg yesterday that short speeches were the bat; personally he was glad of such an obserrition, but by did not think it at all beneficial to societies in general ; and with all submission to the worthy Sheriff (Laurie 1 he would say - Let those speak now who newer spoke before, And those who always spoke now speak the more." If great cities were often the hot-beds of vice, they were also fre quently places 'where the vicious were reformed, the ignorant im proved, and the DeCeshitOU* relieved. He would ask from what *aura the suects were supplied with unfortunate creatures ? in a great measure from those the society were met to encourage and re lieve • sod such a plan was indeed the mast praiseworthy. The Rev.bahtleman concluded by inoeittg the thanks of the meeting to the Right lion. the Lord Ilayor, and the Vice-Presidents, for their support of the Society. The Ker. Jou r, CAMPBELL, in seconding the motion, ob served, that the greatest praise was to be given to those lathes who gave encouragement to servants to do as they ought to do. Le knew a family in the north who always took ignorant servants, but DO servant ever went away front that family unconverted. They were then sent away to others, and ignorant ones taken in their place for the same good purpose. Ile believed the names of the Lord Mayor and Vice.Praidents were most useful to the Society, and would, therefore, most cordially second the motion. As the Chairman was one of the Vice-Presidents, the motion was put by the Rev. iIIf.IV•T/Ll3ll, and carried unanimously. Mr. Alderman 'Snow x, in returning thanks, said, that he agreed with the gentleman who preceded him, in wishing that fa milies would themselves attend to the improvement of their ser vants, but he thought that, even then, the Society would be neves suy to show servants that there were those who felt foe them ' and were anxious for their instruction and welfare. He helloed that there were many who had experienced its blessings, and who offerexl their prayers to the throne of mercy for its support. As these were many present who appeared to belong to the class of ;tenons to whom he alluded, to them be would express a hope that their conduct would be such as to procure the good opinion of all persons, and to ensure their eternal welfare. The Rev. Mr. BIAMTUEY moved the thanks of the meeting to the Treasurer, for his past services, and that he be requested to cootione his services during the ensuing year. The Rev. Gentle man said, that the Soeirty appeared to hint to bear a raw honour. able rank as a benevolent institution. It was its grand object to show servants that the Society was anxious fur their temporal and eternal good, and thus to encourage them to act rightly. It was an important object to save them front that distress in which sick nests might involve them, and such was one of the chief intentions of the Society. Jones POwXDEa, Esq. seconded the resolution. He said he had always. from its origin. contemplated the Society as one of the most valuable in the metropolis. Ile believed that those who sup ported it retired to their beds with the prayers of many, and it mattered not if they were of the poorer class, for all were alike in the eyes of the Almighty. He believed the Society was a bless ing to the country, and he could not but congratulate it on its success in the past, as well as its prospect in the future.— Many of those whom it ass the duty of the Society to relieve had been deprived of protection in early life ; all were not fortunate enough to obtain good employers. They were exposed peculiarly to temptation because of their situations in life. From many of the advantages of life they were entirely shut out, and were ton he. quently so desolate as to he an easy prey to the seducer Sufficient praise could not therefore be given to that Society which provided them with means of instruction, and, by putting tracts and Bibles into their hands, instructed than in the path they ought to tread. The Society also taught them to lay by their earnings against an evil day, and they hsd profited by the lesson. lie would conclude by hoping that the present appeal would be felt by the meeting, and that many contributions would be given for its support. S. Toments, Esq., the Treasurer, returned thanks. He hoped that the ends of the Society would be answered, and that servants would profit by its efforts. He trusted and believed that the Society would have the support of Him, without whose assist ance nothing could be effected. The Treasurer then read a state ment of the receipts and expenditures of the Society during the post year.. It stated that a balance remained in his hands of lid. The Rev. Mr. Evaresox said, that notwtthstanding he was adverse to votes of thanks at all times, within the last week ha had had no less than three such motions to present. But he thought, if in any ease it might be properly proposed, the present was One ; and lie did thank the Gentlemen who had taken upon themselves the troublesome office of Secretaries, for their labours. According to a fair calculation, there was in Great Britain and its dein- dencies 1,2.00,0110 servants, and to those persons it was the object of the Society to gire instruction and relief. It should be lenient tiered how very important they were to society, and how much de -1 petaled on their conduct, the comforts oleo many were in a great Measure at their disposal lie knew an anecdote of a servaat, who, on being asked by a gentleman whether she ever prayed, replied, that she had no tune. The gentleman promised her a piece of gold to learn, and repeat four words—" Lord convert my soul." She ' learned them in the hope of the reward ; it made her reason on the subject, and, before the gentleman again saw her, she was con verted. While servants knew that such a Society as the present tad existence, it was a strong stimulus to them to act well. 16- norance was the cause of much misery, and the object of the Society was to relieve them from this. The Reverend Gentleman concluded by moving, " That the cordial thank. of this meeting be given to the Rev, Henry E. Watkins, and John Wheelton, the gra tuitous Secretaries, and to the Committee, for their attention in con ducting the business of this Society during the past year; and that the Rev. H. E. Watkins and John Ni'beelton be the Secretaries, and the following Genden:en be the Committee fne the year =Wi n g ; and that an cler g ymen and .Min viers who are subscribers be at liberty to attend and rots at all sasatiatpi tithe enmtnittee." 11. G. Raw, Lay. seconded the Resolution, which was carried unanimously. The Ike. Mr. WATS INS returned thanks for himself and col league. Ile did not believe that so much good could be done by private familin as had been affected by the Society. A sum of 70111. had been given to servants, and the number of 700 Bibles dis tributed among them. Ile was happy to asy, that the means of the Society were increasing ; and would on ly observe, that public were much move efficacious than t.rivate rewards. Ile knew that the former were always preferred by servants to the latter. It was not intended to collect n.oney, but he would suggest to those present the propriety of purchasing some of the " Frier.dly Hints,' . which might be distributed. Vl' at. liruxes HEWETT, Esq. then moved, " That the grate. ful thanks of this meeting be given to Mr. Alderman Brown, by his vary great kindness in presiding un the present occasion, in the ab sence of the Lord Mayor." The Resolution was seconded by Mr. Slur'', and carried una nimously. The CHAIRMAN, in returning thanks, said, that the office of a public Magistrate was one of great responsibility, and he could not be better employed than in assisting such a Society as the present, whicli was so efficacious in preventing vice. Tie meeting was then adjourned to this day twelvetuonth. SHIPPING INTELLIGENCE. CUSTOM-HOUSE, APRIL 29. ENTERED INWARDS. St. Vincent's Planter (Christie, broker), from St. Vincent's. Adventure, Wallace (Wilkinson), from Jamaica. 'hte of Kent, Pound (Hall), from Itotterdain. Marmion, Jana( (Adam), from St. slichsel's. New Braganza. Conieby (Jackson), front Almeirs. Escape, Chandler (Eastman), from Faro. Albion, Jackson (Pugh), from Sierra Leone. Enterprize, Bridges (Eddie), from Jamaica. Britannia, Evans (hooch), from St. Kitt's. Francis and Ann, Williams (Martha), from Sierra Leone. Aurora, Smith (Jackson), front Canliagena. Hope, Simon (Burnett), from Terceira. Minerva, Wilkie (.treoltl), from Marseilles. Swallow, 3l.Kiene (Massur). from :Malaga. Ebenezer, Campion (Hay), from Seville. Purtsca, NVorthington (Taplin), from Calcutta. Louisa, Smith (Pais), from Madeira. Kitty, Ilorawill (Burnett), from Lisbon. Laurance and Mary, Moller (Horville), from Christiana. FROM LLOYD'S LIST. Pr: oza wee., Arno. 27.—The brig Olive, Williams, of and from Tenby for Portsmouth, was totally lost on the morning of Pride}, the 28l inst. near Ounwallo, in the eastern part of this bay—crew saved. PLYMOUTH, APRIL 27.—The Danish brig Georgine, Bier freundt, w Mali was towed in here thstuastell on her passage front Cape llayuon front Ilamburgh, coutmencesleischarging this morn ing—cargo damaged. ('owns, Await 28.—The American ship Pearl, which is ar rived here front Charleton, was towed into harbour by a steam ' boat, in a very leaky damaged state. GRAVESEND, Aeon. 28.—Arrived the Seder, Hart, from Lisbon; Friends, Brown, from ditto • Kitty, llaswell, limo ' ditto: Ebenezer Chanipion, front Seville; Adventure, Wallace. from Jamaica: land St. Vincent's Planter, Paisley. front ditto. --Sailed the 3ieridian, Salisbury, for Pernambuco; Fanny, Tay lor, for Elaineur; Benson, Grossard, for Tobago; Ann, Curtis, for Elsineur ; and Orpheus, Ford, for Marseilles. H LL, APRIL 7.—Arrived the Resource, Oliver, from Ham burgh; from Bremen, Fran Margaretha, I.olse ; I :nternechmung, Reis ; front Restock, St. Jacob. Realm ; from Antsterdam, Vrow Hendrika. Schuring ; Fortuna, Vimer ; from Messina, Commerce, Ort ; Liberty, Cooper; front Honfleur, Vine, Shorten; from Co penhagen, Sea Nimph, Frost ; front Varell, Jonge Tobias, Lob page; from Pillau, D•ni, Dryden ; from Elsineur, Wansbeck, Garbutt; front Rotterdam, Providence (Mod Intent, Atkinson; front East Ries, Active, Boyeson ; from Ilamburgh. Fame, 3l•Ewen ; Gough, Custance; trout Rotterdam, Lady Williamson, Foster. Foreign sailed—For Amsterdam, Onderneenting, Viennan ; for St. Peteriburgh, Samuel Spyvee, Wharton ; Thorp, Hardy ; for St. John's, Montreal, Scorn ; for Hamourgh, Whim Mason; Brothers, Lawson; for Antwerp, Vyl Brooders, litielsr.oma; for Pillau, Leeds, Orren ; for Dantzie, Polidor, uske; for Memel, Lavinia, Liddell ; for Pictou, Dixon, Gill ; for St. Petcraburgh, Friends, Watson; Experiment, Brown ; for Amsterdam, Vriend srhap, Pool ; for Alton*, Anna Maria, Schwan; for East Ries, De Dagerool. Smit ; for Quebec, Endeavour, Collision for Rotterdam, Good Agreement, Fairborn; for Embden, flute, Iliffnung, Sanders; for Archangel, Thomas Hodgson, Gill. GIBRALTAR, APRIL H.—Arrived yesterday the North Pole Ehlert,:in ten days from 'limes, and six from off Algiers, bound to Stockholm. She was detained off Algiers by his Majesty's ship the Active, for a breach of blockade. The Chanticleer will proceed to the Eastward in a day or two and give convoy. t'eniz. Aratt. 9.—The Anthony, Jewel, arrived here, saw the Brothers, of Poole, Prowse, on her broadside, about four miles front Tarifa—crew saved by the Brilliant, Greenwell, bound to Amsterdam. . . . . tiEwow, rim 17•—The Chancy, Voss, put back 13th inst. with less of main-to -mast ; has repaired her damages, and is ready to sail the first fair wind for London. The mot, Gardner, from Bengal, is supposed to be arrived off Weymou th. The brig Diana. Hens, for Liverpool, struck on the bar at Mo bile, 10th larch; she was got off', and proceeded to sea with five feet water in her hold. The pilot stated , - that when he left her, she had only two feet water, and was fast discharging the rest. The Alfred, Taylor, from London for Leghorn, which put back to Plymouth, lust boats, bulwarks, ike.; has been out 18 days, and a. far as lat. 47. long. 11. The Catherine Green arrived off Dover from Jamaica; sailed 7th March, and experienced tremendous weather on the passage. The convoy was to leave the island on the 10th. Vkascr.s SPOKEN wren—Ann, Fanner, from Belfast to New York, llth inst. • Wellington, Liverpool to Quebec, 15th; Heron, of Shields, for Quebec, 20th ; Freedom, London to Quebec, 22d, by the (lope, Moor*, arrived at Cowes; Benjamin and Mary, from London for Miramichi, April 19, by the Colossus, Urann, arrived at Liverpool ; Jane, Richards, London to Lima, 90th ult. ; Golden Grove, Steele, Cape of Good Hone to London, 59th, by the Florentia, arrived off Darthniouth. BLOCKADE OF ALGIERS. 0111RALT•R, APRIL 8. The North Pole, Elihrt, from Iberia, and off Algiers, arrived here yesterday, sent in by his Majesty's ship Active, for a breach of blockade. She was oft' Algiers on the lit instant. The Master reports, that Vice-Admiral Sir 11. Neale landed six days before at Algiers, to confer with the Dcy. The Viee-Cousul at Oran was allowed to go about, and do business, and had shipped several car goes; two have just arrived here, one in a vessel under English colours. It is reported that Bona has hem burnt by two English frigates. _ . Extract of a letter from the Agents to Lloyd's at Mar seilles, dated Sloth of April : " His 31sjaty's ship Revenge, Vice - Admiral Sir Harry Neale, sailed yesterday for :Malta. There appears to be no probability of an early termination of the differences with the Regency of Algiers, and all the ports of that territory are subjected to a rigorous block ade. Convoys have been granted for the protection of the trade between Leghorn and the Straits ; but there is not the slightest risk of capture, u it is astertained there are no Algcrine cruisers at sea." NAPI,ES, Aran 6. His Royal Highness Prince Frederick of Orange arrived here on the evening of the 2uth of March; and on the 22d, accompanied by the Baron d'l'voy and the Count Lim burg Stirum, he waited upon his Majesty. The Minister Medici entertained his Royal Highness at dinner on the xth inst. • among the company weic Gcuend Frimont, the Prince lime Homburg, and the Foreign Ministers. The Marquis of Hastings has not yet arrived, but apart ments are taken for him in the Villa di Londra Hotel, and he is daily expected, as is also the Sybil frigate, which will transport the Noble Governor to Malta. _ . . Mr. Hamilton despatched a courier fur London in great , haste on the 3d inst. It is said that this gentleman is to I change his post, which is to be tilled by Mr. Hill, at present' our Ambassador at the Court of Turin. You have of course heard of the unfortunate death of Miss Bathurst in the Tiber, and of the decease of the Duchess of Devonshire at Rome. The loss of the latter lady will be severely felt by the arts she protected, and by the travellers, who were accustomed to find in her palace a brilliant union of the learning and talent of Rome. I un derstand that, at the desire of her (,race, her body is to be carried to England, and to be deposited in some favourite spot in Staffordshire. It is confidently affirmed that the King purposes visiting Sicily this spring. I can state that preparations are making at the palace for some movement, and hope, in a few days, to be able to let you know to a certainty what that move ment will be. ll'e have had the most rigorous weather for the last month that has been known here for several years: there has been an unusual number of broken bridges and blocked up roads, of deluges, and of whirlwinds, and even at this moment the cones of Vesuvius, and the tops of the neigh bouring mountains, are covered with snow. The Neapoli tans are of opinion that all this must mean something. The Annual Grand Festival of the Ancient and Loyal Fraternity of Free and Accepted Masons was held on Wed nesday, at the Freemasons Tavun ; Goural Sir John Doyle, G.C.B. in the Chair. LAW LVTELLIGENCE. COIYIZT OF CHANCERY, Aran '9. At the.stuinu of the Court, an elderly person, of gentleman-Tile appearance, addressed the Court, and begged to be beard in font. 4 porperis. The Loan CHANCE ~Los asked if he bad obtained an order to entitle him to plead before the Court in that character? The suitor replied that lie had not. He was unable to defray the expzree of lawyers and attorneys, and if not permitted to slate his own ease, he had no means of bringing it before Ins Lords,kip. The Lunn Cnaucco. Lou said that he could not hear him un less be had obtained per.nissioa to plead in fiffnui parp:tis in a regular matmer. Ile would, however t take his papers; mel if, upon a perusal of them, he was sanabod that there were mititdaetOry 1,70 U nils for entertaining his case, he would grant an order of patois sum to him to plead in furnui purperis. G•EY v. OILEY. Mr. fionmc mentioned this ease, agreeable to his Lordship's de ire, who said he would appoint a day finally for hearing it. The Luau CHANCELLOR said that Mr. Horne might take any day he pleased in the course of the next week, with the exception of Monday and Thuradoy, as he would in future Mt in the House of Lords on those days, instead of Monday anti 'Wednesday. as hitherto; Lord GiXorti would preside there on the o.lier days of the week. . . . . . Mr. 1101iNE then named Saturday, wilt hit Lordship's ',emir stun. IMRE WARD. Mr. Harr occupied the principal part of the remainder of the i day, in opposing the application fur a new trial in this protracted cause. It will be in the recollection of our readers that two trials have already taken place in this ease, which involves a question of alleged illegality in the marriage of the parties e n tice whom the defendant. grounds hi. right to a property of very considerable amount. In the early part of lest term, several Counsel were heard in support of an application for a new trial. The Lrarned Counsel (Mr. Hart) now appeared to oppose that application, and princi pally applied himself to the point of misdirection to the Jury by the Learned Judge, which was the chief ground on which the pre- sent application rested. The part of the charge which was its- I pugned, was that in which he stated that at the period at which the marriage was said to have taken place, the low of England was 1 similar to that of Scotland, in dispensing with the intervention of a clergyman at the solemnization of marriages. It was sufficient if witnesses were present and cohabitation proved. Thesecircurastantwa, ! togethar with a declaration of * persica. were sufficient to constitute a legal marriage. This was thelaw salad down by the Chief Justice, which was impugned by the opposite side. His Learned Friends had ci:ed many cases in support of their view of the case; indeed, lie did not recollect a single instance in which so many legal autho rities and so many cases had been cited. Every Civilian and name of authority, front Itnacton downwards, wee quoted ; and he found by his notes forty sheets of brief covered with quotations and citations ' of this kind. Bracton had been principally relied upon, although it was admitted that many parts of his writings were contradicted by other parts, and his writings would furnish an athmiative until negative support of the mine proposition. It should be also borne in mind that Bracton was deeply engaged in the struggle for as cendancy that took place between the Papal and Saxon authorities. The age in which he lived was one greatly distracted by religious dissension. In the time of Innocent 111. the canon and civil law prevailed throughout Europe by the weight of his power and the Influence of his example. He was the hrst who declared it neces sary that marriage obould be aolemnized, is June coat:riot, by time ministration of a clergyman, and accompanied by the celebration of mass. Bracton's writings naturally partook of the turbulence of those times, and his opinions were biassed by the contentions that then existed. Had lie lived he would doubtless have corrected many of the thoonsistencies which were now to be met with in his writings. The Learned Cour.acl proceeded to read passages from Bracton, with a view of showing that his opinions in certain pas sages were consonant to those of the Learned Judge. Ile then pro ceeded to the cases of Folcroft, front ": Roll's Abridgement of Bunting," as reperted by Moor and Cooke, and various other cases, in support of the law, as stated to bate prevailed previous to the Marriage Act of Lord Hardwicke. In adverting to the dis tinctions to be made in those who were competent to celebrate marriages, and in the illegality of marriages so rl wcized by Catho. lie clergymen. The LORD CHANCELLOR said, that the law recognised the priestly character in clergymen of the Roman Catholic persuasion, as in case of their conforming to the Protestant religion, re-ordina. tion by a Protestant Bishop was not necessary This 'hewed that they already possessed the clerical character. Ile was aware, that previous to 1793 it was penal tor any Romani Catholic Bishop to assign to himself a particular jurisdiction over any district; but the law admitted that he possessed the characteristics and episcopal qualifications to constitute him a Bishop. Mr. Haar resumed, and continued to cite the authorities of the civilians, from Bracton downwards, in support of the law as laid down at the late trial; and contended, that the very authorities which had been cited by the opposite Counsel were not at variance with the conatniction of the law of marriage, as propounded by the Learned Judge, and as stated to have prevailed at the period of the alleged marriage. The Learned ()tamel concluded an elaborate argument by hoping, that after two trials had already taken place to try this question, his Lordship would refuse a third issue, by withholding hie assent from the present application. Mr. HanNE a followed on the same side. He was heard in part. and at the direction of the Lord Chancellor will resume the argu ment in this rase at the sitting of the Court to-morrow. VICE-CHANCELLOR'S COURT, Arm EL IN NE ntsweixt, A AAAAA lIPT.. A petition had been presented, having for its object that the Commission which had issued against the bankrupt might be set aside. The petition was argued on the 14th instant, when it none out that the assignees and the bankrupt meant to oppose it, as the whole of the proceedings under the Commission were terminated, and the bankrupt had procured his certificate. The meditated op position was, however, by the negligence of their attorney, ren dered useless. It appeared also that the bankrupt had relied on the attorney employed by the assignees to prepare the briefs for him; but on the 7th of April he was informed, that he bad de clined having anything to do with the case on his (the bankrupt's) account. The bankrupt was in consequence completely bere ft of the means of meeting the petition ; and he therefore made the pre sent application, praying that the petition to supersede his Com mission might be again set down, and that he might be permitted to file affidavits in answer to it. The VI c E-CIIANCE tr.on thought that the bankrupt was not entitled to the smallest indulgence. He had been guilty of a con. tempt of Court, in not having filed affidavits in answer to the peti. tion. Rules of practice had been established, which affordal abundant time to parties to file affidavits, and public convenience required that these rules should not be departed from. Application refused with costs. 4ITTOII4EY.OZNERAL ISILLS• .. . • This was an intioniation filed by his 21lajesity s Attorney-Cie neral, for the purpose of settling the validity of a clause in a will, which gave the residue of the testator's personal property to the establishment of a fund for the maintenance of poor gentlemen's daughters, not sufficiently provided for, which fund was to be un-! der tile management ot• the resident magistracy of Blontrose and certain gentlemen living within twenty miles of that place. The testator lived in England, and had fOrtiterly been a West India planter, and no pan of the real or personal property bequeathed was in Scotland. The question fur decision was simply, whether this clause was to be considered as founding a Scotch charity, which was especially guarded by the concluding section of an Act of 9th Geo. II.; or whether it was altogether void, as against the general spirit •tf that Act ? The bill hid been demurred to, but the case stands over, in order that it may crone before the Court in another form, the demurrer not Iteing sufficient for the settlement of the general question, which his Honour declared to be of very great importance. BATH° V. FULTON AND OTHERS. This was an argument as to the validity of a plea filed by Jane Bishop, one of the defendants, under the following circumstances : sandom dying, bequeathed his property to John Fulton, hie executor, directing that his freehold and copyhold possessions at Cheshunt should be sold at a proper time, and that the proceeds of the sale should be divided equally between May and Jane Bishop, his sister and niece, but without stating who were to be the judges of the time when the estates should be sold. They were put up to sale in the year 11120, previously to the coming of age of Jane Bishop. the niece , and the plaintiff Batho became the purchaser. Upon Jane Bishop's coming of age, she refused to ratify the sale, and had dune no act since to bind her to it. The plaintiff there ' upon tiled a bill to compel the executor and the aunt and niece to a specific performance of the contract ; and Jane itishop . put in a plea of her infancy at the thne of the sale, and requiring, if she was conipelled under that circumstance further to answer the plaintiff's bill. Ihe % ICE 4 lIANCELLOR held it to be clear, that as at the time of the sale one of the ponies to be benefited was incapable of con senting to it, on account of nonage, and as that party, upon com ing of age, had renounced the contras altogether, he was decidedly of opinion that th e plea was tenable. The executor Fulton, in putting the property up to sale, had acted under a mistaken notion of his power—Plea allowed. COURT OF KING'S - BENCH, THURSDAY, APRIL 29. CHARGE OF PERJURY. TIIE KING v. HEATH. Mr. St:•RLETT stated the case. A short time since, it appeared that a person named Sylvester had become bankrupt. The Com mission issued, and the proper number of creditors of course signed for the bankrupt. When the commission mote into operation, Mr. Heath, who was, up to that period, the solicitor, was dismissed. The debts under which the commission issued were extremely' small ; some of them an low as 11. 18s. Mr. Heath thought proper to petition against smite allowances which were made upon the oc casion, anti opposed them in a petition to the Court of Chancery. This hostility, upon his put, was owing entirely to a feeling of malice against the bankrupt. The creditors presented a counter petition, in which they stated this to be the motive of Mr. teeth's conduct, and that be. Mr. Heath, had been heard to affirm he would prevent the bankrupt front obtaining his certificate, and lie would place hint iti such a situation that he would not produce hi. certificate, and if he did not succeed by fair means he would have recourse to foul. The ‘'ice-Chancellor, to whom the matter was referred, refused to go further into the case until Mr. Heath had answered this statement ; and he in consequence put in an affidavit in which lie positively denied using the words imputed to him ; and, upon this denial, the present prosecution was instituted. The Learned Gentleman said he was aware of a difficulty in the ease. Ile had not the connuission of Sylvester to produce, but he had affidavits which would put the matter out of dispute. The Secretary of Bankruptcies produced the necessary affidavit of the bankruptcy, dated Mst July. He did not know the hat& writing of Mr. Heath. The affidavit of the defendant via also read, denying the words to him. I The Loan CHIEF JUSTICE did not think the affidavits de . scrilaid the Cmtinii.sion with sufficient accuracy. I Mr. SC•RLETT thought the petition of the creditors would an ' :aver that purpose. The Loltb tEr JUSTICE was of opinion that Sylvester, the bankrupt, was tut described as alleged hi the indictment. The liankrup• himself was then called, but did nut appear. Mr. Thotiuss Hawn. the Solicitor to the bankruptcy after the dismissal of Mr. Heath, was sworn. Upon being ask , Nl for the commission, be said he could not produce it. He imagined his town partner bad it ; but, upon inquiry, be found it was in the country. The Loop CltiEF JCITICE—It is useless to proceed any far. then in this trial without the commission. The first allegation in the indictment is the bankruptcy, which cannot be pored, as tbe commission is not produced. THOMAS THURTELL. The Limn Cut it.ll/21TiiE announced that the trial of Thor tell and others, which was set down for Saturday, should be post poned until after next Term.. !must.: BURNING. GOTTE V. TURNER AND OTHERS. The ATTORNEY-31:NEasi.. forqltepfain7ii:;tated his client to be a German by birth. He resided in condom and followed the trade of a pastrycook and biscuit baker. fly his industry in trade he accumulated a little money, and took a house in %Vhitectoss street. Here he was unfortunately burnt out. In this house he expended the m o ney he had earn , Ile placed furniture in the house, and removed all his property and wearing apparel there, and I had istentled to make it his permanent residence. \Chia this intent tion the plaintiff effeeted an insurance on property doublyhazardous, and on application alter the lire to the Eagle Office, where he had insured, to his great surprise he was refused payment. The pleas fur refusal were, that plaintiffliad not property to the amount foe which he had insured, that his conduct was fraudulent, and that he had himself burnt his house. The Attorney-(ieneral said he would nut detain the Court or Jury; he would briefly state the facts of the case, and it would remain for the Company to prove the fraud of the plaintiff. His client occupied the house in D'hitecross- I street, and was furnishing it by degrees ; he employed as an assist ant in his business a person named Naburtin, win) lived and slept with him on the night of the fire:, on the night of the 11th of • De comber, 1811, they were alarmed by a fire which broke out in the house; upon leaving the mon, in which they slept they could not , go down stairs, and were forced to make their escape by a back way without clothes ; the plaintiff was able to remove nothing except a I mall trunk, in which he was in the habit of depositing the money he received in his day's business; shortly after he gave the Eagk Office notice of the lire and the extent of his loss; and, to his great astonishment, a positive refusal was given to his demand. His I client was thus reduced to the extreme of poverty and distress ; the money he had rescued from the flames amounted only to six I shillings or seven shillings. Ile made many applications to the office, but all with the smite result. He was not at that time able , to enforce his claim, and was obliged to seek employment as a isoumeyman. In this situation, by his care, industry, and parsimony, he saved some nunary, and was again able to set up as a master. lie then took a house in New-street, Covent garden, and followed his trade as a bicuit-baker and pastrveook. It should be re ' membered he did not conceal himself; lie sought no disguise; his name was over the door. Here again he was unfortunate ;he was burnt out a second time ; there was not the slightest ground to sup , pose this tire was not accidental ; there was not a single suggestion Ito the contnty, except one, to which he would call the attention of the Jury ; it grew out of the loss incurred by the plaintiff in the tire of 1811. A woman it appeated of the mane of Gibbs had charged him with having wilfully set his house on fire at that period ; upon this charge he was tried; it would be unnecessary fur him to enter into any details upon the subject; it would be sufficient to state he was acquitted ; it would be sufficient for hilta to prove the fire took place—the insurance, the loss of property, sod the refusal of the demand. These - facts he would prove by several witnesses, to the satisfaction of the Jury ; and this would entitle him toa verdict. It would remain fur the Insurance Com pany to prove the tire to be wilful. This charge he was aware they might make ; it was made before ; his client was tried upon it, and was acquitted. The case of the plaintiff was simple. The de fence to which he alluded might be made, but he anticipated its failure ; it had failed before. It might be also objected to his client, that he had suffered too long a period of time to elapse from the year 1811 to 1824 ; that he should have sought mires' before. Front this he was prevented by the extreme poverty and distress to which he was reduced. He had saved from the fire but six or seven shillings in halfpence. He had sitter, by his industry, been raised to sonic degree of prosperity in his pecuniary circumetances, and he now supported hie claim, and gave an opportunity to the In surance Office of proving, If they could, that he had wilfully burnt his house. W. Painter knew plaintiff in 1811, residing in Whitecross street ; witness is a carpenter; saw some articles of furniture about the plaintiff; did work for him ; put up shelves, counters, &c. ; did some jobs in the bakehouse and other parts; his bill was 111 te. 61. Was particularly acquainted with plaintiff; he had some furniture, two tables, chairs, crockery ware, bed, candlesticks, &c. • one of the tables was deal, tbe other mahogany ; there was a tent bedstead ; did not know the quality of the bedding; does not remember a looking-glass. lie was well supplied with clothes and wearing apparel; there were fire-irons and a good stove. The sea son of the year was between August and September. There was also a stock in trade. There was pastry in the shop; he does ant recollect any confectionery. Saw jars in the shop ; cannot speak either as to books or coals. Cross-examined Ig 111 r. SCARLETT.—Did not know plaistiff until August 28 or • ; did not see him before • never heard from himself that he was burnt out beftre ; never h eard this fact from tiotte. One of the tables was deal ; it might be worth front 21.15. to 255. ; it was not new. There were half a dozen rush-bottomed chairs; did not know their value. The crockery ware consisted of one teapot, four or five blue cups and saucers. Did not recollect the quantity of pastry ; there might be a dozen tarts. Ile would swear to the tarts ; he could not be positive to anything else. His brother assisted him in his work. John Carter is a bricklayer ; built an oven for the plaintiff in 1811 ; his bill was 531. ; did the work in April ; conducted the due of the oven into a chimney behind the shop. The oven was In the cellar : the fire-place was bricked up. Cross-examined.—Was employed by Ootte himself to do the Reexamined.—Wu not paid bis bill ; arrested Gotte for the amount. Mr. Mitchell knew Gotte in 1811, when he removed to White cross-street. Employed witness to pay fur the lease of the house. Had money of the plaintiff's in his handset the time. Desired him to pay 401. for the lease ; witness did so. Was never at (lot te's house. Is a grocer ; supplied him but once, and then witka small quantity of sugar, butter, tie. to the amount of M. or H. Supplied him on former occasions. (lotto owed him at one time 1001. Cross.examined.—Plaintiff owed him 1081. after he was burned out at Shadwell-itrcet. lie was paid through the firc-office the sum of Mt The tire-office was the Phssnis.. Witness paid 401. for the lease. This took place in the latter end of the summer of 1811. By the A TTORNEY-GE RAL.—Witneas did not know if the 401. was the full value °for a deposit for the lease. Cross.examination resumed.—When the plaintiff was burnt out at Shadwell-street, the office refused to pay him, but gave 2001. to his creditor*. Understands he was burnt out of another house. Hid not know if he had other means of buying the lease, except by the money given by the office. Witness had 401. in his hands after the payment of the plaintiff's debts. The som given by the office was 2801. All this money was paid away before the fire. Mr. "lathy saw plaintiff's house in Whitecross-atreet ; there was but a small quantity of furniture. Was at the house two or three time*. There was one bedstead and two blankets ; did not recollect if there were sheets. There were two small trunks in the bed-room. In the parlour there was a table and two or three chairs. Knew of no books. There were some cups and saucers. Saw no looking-gla.s. There was a tea-kettle, but no saucepan. When anything was cooked it was done in the oven. There were a taw plates, and one small book in the German language. The furniture altogether might., at the highest valuation, be worth 181. Saw the plaintiff but once after the fire. Cross-examined.—Witness was apprentice to plaintiff, in Shad well -street, when he was burnt out. In about two months after plaintiff applied to witness's father to send him back to him at I Whitecross-street. Went there while the oven was building ; slept there two or three nights before the fire. The shop was opened about three weeks before the fire. Witness slept at home I the night before the fire. Plaintiff told him he would have Sabut ton to assist hint on the next day in the baking. Ile slept at home in consequence, and saw the next day the house was burned down. Met Gone at Shrewsbury-court ; told witness he escaped by a back window; did not know the situation of the window. The value of all the furniture could not be more than 181. There was I not touch stock; there were but two sacks of flour • did not know their value. He asked Gate how the tire took pla ce. Ile replied he could not tell. 'Mrs. Pegg lived near Gotte in NI I. There were but two houses between them. Remembers the fire; had not gone to bed when it occurred. Plaintiff came to the bac k-door in his shirt; he was much alarmed ; he had a small trunk in one hand, and, with the other, he kept up part of his clothes. Her daughter opened the door and let hint in. ('rues-exatitined.—l'laintill'aid not return to the tire to her know ledge. He slept in the htn...• for two nights. Miss Pegg, the dsugnter, corroborated her mother's testimony. (hi her eross-examtaation, she said, he left the house, but she could tot say for what time. J. Reutp proved he received 61. for coals from Com, six years after the tire. Mr. &stmt.:TT said he would ask his Lordship a question, for the purpose of shortening the use. The declaration stated a stock in trade to the amount of 1491. Independent!y of this, there was the purchase of a lease; there was also a demand for groceries, spices, &c. for 671. 19a. The A T'FORN - EY-GENERAL remarked, the inventory of the goods might be incorrect. Mr. SCARLETT said his learned friend had called the best wit ness upon such an occasion, the servant of the plaintiff, and he had negatived all these articles; lie proved the value to be at the ut most but 181. There was also a charge made of 671. foe spices, groceriim, &v..; but a purchase of these articles to the amount of 71. had been only proved. A witness of the name of Saburton was spoken of ; why was he not examined Joseph Saburton was then examined-11e slept with the plain tiff the night of the fire ; was at his house two or three times be fore ; was acquainted with the business ; did not remember any groceries ; the stock in trade consisted of two sacks of flour ; there were a few utensils; he could not tell the value or amount ; there was a good oven; there were also sums fixtures. The LORD CutEc Jurrict: was of opinion t h e case was rot supported. The ATTORNEY-GENERAL ask.xl if his Lordship had baud a strong opinion on the subject ? His Loansuir %aid he had a very strongone; The intinal u:' 13 years., which had been au6•red to elapse, was also a suspi4o-. circtunstance. Mr. $ ans-LTr said the Jury would judgs if the charges were made out. The ATTOINET-GENEIAL said as his leutl.hip had a strong npini.Jo upon the subjea, be would use his and 1 ibwit to a nonstut. nonso ited. ASSAULT AND BATTERY. SWII'T r. TIIWAITES AND ••••• • . ... This was an action lumina Mr. Henry Tiiwaitea, the prnprirter of the ilifornin,z Herald newspaper , fir assaulting the plaintiff, a temporary clerk of the well-I:amen Mr. Ex -Sheriff Parkin', and for falsely impriminin!! him in the watch-house tit. Mary-le- Strand, in the e;:y '4 Westminster. As to the assault, th- 4e.. fendants had sued a justification, 1 - 'l. that the plaiiitiff And made a noise and ilisturbanee in Mr. Thwaiteen office, and had insulted him therein, and therefore eue., in order to cause the plaintiff to leave the bruise, it had become necessary to use sinkage towards his person. As to the iniprisenment, it was pleaded au-. it was necessary to !ewe the plaintiff taken to the watch-bouae, order that he might be forthcoming to answer the couipiaint of Mr. Thwaites. The other two defendants, isompo.itore to alf.. Thwaitas service. named Luifinan and Young, pleaded a similar justification as to the assault; they left the imprisonment to hhu gelqsakinue. Mr. BROUGHAM and Mr. RICHARDS appeared fur the ~lain. tilt: Mr. DCARLETT, Mr. ADOLPHUS, Mr. CE ITTY. and .M 1 for time defeadents. The Court was crowded with witnesses in attendance fee thr. cause. In the studenue box were several gentlemen conagesca with the MOrlalfg Herold. Mr. Thwaites sat with his Counsel The plaintiff was sitting behind his Counsel. The Ex-Sheriff law seated himself under the Bench opposite to Mr. Scatlett, and wee, busily employed while he was allowed to remain iii Coster., ir, 4.41:, in; gesticulations relative to what was ;taming. the pleadings having been opened by Mr. RICUSIIM Mr. IiIIOUGHAM proceeded to state the ease. Toe Jury lard beard the nature of the case stated generally; it became his ditty, te detail the facts for their information more fully. The plait it Charles Swill, belonged to a respectable station in life. lie been a Captaln'a clerk in the navy far seven years, and %jaw i. been a clerk in a respectable merchant's counting-house. 14. , year, hewing some spare time, he had taken such employment a. had fallen in his way. Occasionally he was is the service of gentleman once Sheriff of this end the adjoining county. On the 17th of April he was employed to serve win:Kenn cm some wit nesses in some cause totally irrelevant from the question before the Jury, as indeed was cveiything relating to alr.Parkins, for whit:. he happened then to be engaged. He bad been out with Mr. Par kins on that business, and they were returning about eleven otellona at night, when they passed the office of the defendant. Mr. /leery Thwaites, the proprietor and publisher of the Mori:jug fierce. .lr. Parkins had deposited certain document* with Mr. Tberaites, which he had not published; and Mr. Parkins therefore wished to obtain possession of them again. Calling at that lioueataelidi a place, and for such a purpose, was a circumstance which .101 Pot to strike the Jury as exttamdiaary or unresatuable. .A stasening, paper was getup (lie believed that was the phrase) in theemarse of the right, as the Jury knew it was published about the boar esker: people getierally rose. The time chosen be ale. Parkin, wae there titre the hour when it was most likely to fiod the per:rum-aft we': engaged in the compilation of a mottling paper. The soolyigsar I when they could be certainly tact with was that when the preparatims for the ensuing publicv..am were commenced. • I: would be proved that Mr. n.:mites had told Mr. Parkies that that hour was the cutest to find him there. 1405ir.„4 the lights in the 'windows of the Morriiitg Herald oat* a , they passed, Mr. Parkins and the plaintifr made a call awe Mr. Thwaites, sham they found in his Office. Mr. Peakira simply asked Mr. Thwaites to return his unpublished papers. Mr. Thwaites at first did not deny having them in his pOriatialOr ;•H , answer wag, that he lied not read than; he tacitly admitted that he had them. Mr. Parkins then stated that he had occasion for them, upon which Mr. Thwaites mad, for the first time, be had them not, and not, as before, that he had not rata them. Mr. Parkin* re jained, that it was hard I.e should be deprived of them, NI 11, matted the much. IVhatever other conversation passed,. tint Jury would presently hear from Mr. Parkia* himself and they they would find that nothing whatever uncivil was said or doait by Mr. Parkins, and nothing at all by Swift, the plaintiff. In atelier time Mr. Thwaites rang a bell, as Mr. Parkins thought, .to Aloe search to be made for his manuscripts. Some workman of the estaalitiliment answered the bell, and life. Thwaites then rid— " Come, one and all, and turn or kick these fellows down stairs whereupon the whole effective fame of the establishment, tes the number art a dozen or more, made their appearance in tad/wort:Mg dresaes, and began a violent attack, as they were directed, ppm the plaintiff. He was fiat thrown down onellight of stairs. lie fell with great force on the floor of the first landing, and. hefere fx could rise from the ground, lie was a second tithe attacked, ar flung Eke a billet of wood down the second flight of ataits. • E: was then continually and violently pushed till he Ives brought the watch-haw. The most active in these proceedings were, ..11: Thwaites and the other two defendants--the only two penny:se/be •t the plaintiff had been able to find to serve aide prommes, shwa ft all the others were equally engaged in the traneautien, if any of them should be called es witnesses. fir the tic • fence, he (Mr. Brougham) honed the ' litre would reniemb that they ought all to be reetanl substantaally as panties (1113 action. On coming before the constable of the eight to plaintiff was really more dead than alive. Ha was unable to speak. A medical man administered to his imbibe-nee, and after the plaiatelf had been kept in confinement tbo hours he was conveyed house in a hackney-coach. The next morning he was brought to Bowniteeir and Mr. Thwaites and his co-defendants made a chaelpterAinit him, but it was not then an assault, as they now pleaded AIT Parkins and the plaintiff charged the defendants with an amatilt, but none was alleged by the defendants against either Mt. Parkin' or the plaintiff. The charge then preferred was a riot, but Mt et Magistrate oSaerying that the parties charged were only trust ill number, and desiring the defendants to recondelec o.e charge el riot, saute one asked if 111 r. Parkins and the plaintiff . not he charged with an assault, us • riot could not elesity be committed by two ; and then, and fur the fiat tiros. the charge of tumult was preferred. The Magistrate OT sun.. other person asserted that the charge of riot could riot be amain tented, and that Mr. Parkins and Swift could o:ay have been guilty of an assault. One of the defendants then. saki. "We will fetch a man who will prove an asmult." A man. was brought accordingly, who swore that his dethes were torn by violence of Mr. Parkins and Swift, and they were baural over t:. answer the charge at the Santora. No bill was preferred spine: Swift at all, though the assault was sworn against them bent . : Bow.street. Against Mr. Parkins a hill wea foetid, sad be cwt..: ready to teat his trial, but no prosecutor appeared. The July would judge the great improbability of an assault being committed by the plaintiff; aced they would not fail to observe, that if there had been any truth in the charge, it would !uric been preferred in the first instance at the watch-house. Besides, there could :have been no difficulty in finding the bill against the plaintiff, alien bat never been preferred. The assault had bten heard of only IliDt4 the defendants had been instructed by their pleader that it wA ne t:emery to their justification. They now alleged that icvift had as saulted them. and that in defending themselves ho had received the ill-treatment he had sustained.„aln the language of their pleaether I had pulled and dragged him with strokes pushed him dm,. • the stairs, and there trampled and jumped upon him, endemic. I damaged, and deutroyeil his clothes. If this violence towards bite had been necessary they would not have wasted so namil time t o discover it ; and it the allegation was true, there could have beeqzu difficulty in proving it on the trial of Parkins. The plait tiflt /edit. was of no robust form of body. He was not likely to make as vault on fifteen or sixteen strong and active men. The. coca:. , queace of the assault actually committed OD the plelntiff was, that I he hail been violendy bruised all over hie body, that his knee past was wrenched, and that he was confined to hi: Inking. mare than a week. For six weeks afterwards lie was hardly able to crawl about with the and of a stick ; and he would carry to the end of his days, if not the math., at least a memorial of what had teamed betwete him and the defendants. The faets of the assault would be proved, I not only by Mr. Parkins but by other persons who saw the defena , ants pushing the plaintiff along the greet to the ivatchhowita by 'h.! I persons in tt e e w w a u tei t tou . se col an .i d der at a th e e lodgings of the plaintiff, under bl period. It would then• be te.• the Jury to say what compensation he was entitled to recover m damages, for the injuries he had sustained. , Mr. limn-tams then called Mr. Joseph Wilfred Parkins. • I As soon al the witness was sworn, be Tfai examined by Mr. Seraat.LTT, as to his interest in the result of the action. I Have you not employed the attorney for the plaintiff?—No, I , have not. Is he not in your service P---He was only a temporary servant of mine; I employed him only ocautionally. On your oath I ask you, by, whether this action has not Owen brought by you, or at your expense P—On my oath, it has ors bee.' brought et my expense ; I am liable fur no part of the tams did not know . the action was brought tal I board as from .a third paint). That's suthcient for you, Mr. Searlett, I suppose . (widi an air of triumph.) The witness was then examined by Mr. RICHANDIL—I am ac quainted with the plaintiff Charles Swift, and with the dersodan Henry Thwaites. On the 17th of April the plain/ill' was in my company. He was serving subpoenas for me, in a cause growing out of my contest for Berwick. Between eleven and twelve ci`elot at night we passed Thwaites 's office, in tathirine-street, Strand we observed light in the windows, and 1 remarked that it wits a good time to cull upon him ; I wanted some original documents of my own relating to Byrne. I found Thwaites at his desk in his own room, which is at the first landing plate, velure 1 have - -often maimed him with various articles for his paper. Mr. 11110/7611•M suggnited to his witness, that it wroilld be more convenient if he would attend to the questions, sad emitter them only. The witness proceeded.—l found Thwaites in his °fleet_ wo were on exceedingly civil and friendly terms. I first gatelike-She compliments of the evening ; and then I said " have you rry original papers relating to Byrne. as they will be impasse:it to prove my innocence." Ile seemed minsiderably alarmed, and i think he was intotiaited ; in fact, 1 know lie was drawl, foe he smelt strongly of liquor. Ile said be had not gut tile papas. then said that I hoped he had not made away with papersof sonnacti itryortance to my character. He said he had not got thatch I re plied, t* I hope you 'disco(' for them." Ile either said he laidsheni nut in his possession, or they were not at hand. I oddment him paired)? us the Court hears inc now. I had no hostility nowanis him. I never manifested the slightest animosity against idol. Ile made no other answer, but then rang the bell. •I LdL►l off ay new glove, in expectation that 1 should receive the papers. • The glove was almost new. .1 had bought the pair that. asocuieg. A grin his shirt sleeves nine down stairs after die bell wowrung. e:iies then scummed out with a loud voice-s`• firiair.doiro all • the men ; every one of you COM: down:." Nothing •sogit F 'r ••••111