The British Press; or, Morning Literary Advertiser. — London, England, 1825-01-28 00:00:00

of the utmost importance to the extensive classes of 'master and vervant. The vercrict,'he'would show, was entirely erroneous, and a most cruel redaction on the character of a very respectable lady. The declaration stated that the words were false and malicious. There was, in fact, no evidence that the words were false. The CHIE7 JUSTICE—SO I told the Jury; and 1 likewise distinguished this case from a common action of slander, and said that it are necessary to prove that the character was false, and that it was false to the knowledge of the party. Mr. Sergeant VAIVISHAN--Certainly, my Lord, your Lordship (lid distinctly put it to the Jury to ray whether it iras done from spleen. Jostles °AIRE r le—Spleen is certainly malice. Mr. Sergeant VAUGHAN contended, that even if it was done from spleen, it was still a true character, and that as they wore agreed upon the law, that It must be false to the knowledge of il.e party, as well as malicious, it must be seen whether the character wee not true. Miserable would be the condition both of masters and vivant*, if they were not at liberty to Five a true character. I he action was brought for a false character given by the defendant to a lady of the name of Burnet. Now, what was this character? The defendant says, " I believe her to be pe rfectly sober and ho nest, but she has a great want of steadiness ; which is implied to mean that the plaintiff behaved improperly towards the male sex. Was it to be established that a master's saying his servant was very unsteady, that he should be liable to an action, in which he might Le east tug 1001 damages? The first witness called was Mrs. Bur net. who proved that the defendant said the plaintiff' was sober and honest, was not a good dress-maker, and Inn came into her family ss nursery maid, but on account of unsteadiness, was removed from that situation to be lady's maid. To which witness replied, that having daughters growing up, she could not take her on that ac count. In her cross-examination she said it was unsteadiness with regard to the children; but on her re-examination she said that it acs a general want of steadiness. The Learned Sergeant observed that the defendant never once touched on the subject of steadiness: with regard to men, and said that it was r.ot for the damages that he was contending; it was for the reputation of a lady, whom it was impossible to suspect of telling a wilful falsehood ; stringer evidence must be called. The next witness was Mr. Jenkins, with whom the plaintiff had some acquaintance, and who undertook to arrange a reconciliation between the plaintiff and defendant. In the course of the conver sation Mr. Jenkins had with Mrs. Cox, he asked her if she had said to Betsy Wyatt that she should go to her wretched hovel in the country, for that she (Mrs. Cox), would take care that she should not get a place in town ; to which the defendant answered, that she had not said it to such an extent. The witness then asked her if she meant to deprive bee of her character. In answer to which the defendant went into e.:e whole history of the case. The CHIET JUSTICE referred •to his notes taken at the trial, MO read some passages of the evidence. Sergeartt Viscr.llAN. in eontiuuation, observed, that having heard the notes read, it would be impossible to impeach the cheese s, r of the defendant, since it appeared u a fact that the plaintiff was removed near to her mistress's person on account of her un steadiness. The CHIEF JurricE said, that he thought the damages very large. Mr. Sergeant VAIICSITAIr said, that he would not have moved on the ground of excessive damages—that he was contending the ques tion was whether the character was true. The Cum,. JUPTICE—" Don't you think that if the de fendant had told the whole truth concerning the ringing of her hell, and not finding the plaintiff at home at live o clock in the morning. but that she had continued with her fora ear after, sod had received presents of clothes in consequence o ther sub sequent good behaviour —don't you think the lady would have taken her? " • Mr. Justice PARE—" The circumstance of giving presents 'proves the malice. I think that masters do not perform their duty to the public in general, if they do not give the whole truth of a characer." Mr.Sergrant VAUGUAN—" If mv client had at all concealed any badness in the servant's character, Mrs. Burnet, on the discovery, might hare brought her action for misrepresentatioa." ?tale partied do paymcot of ants. PRICE awn ANOTHER V. WILIINSON. In this case an inquisition had been held before the Secondary, in London. It was an action for work and labour, brought by the plaintiffs. who are Ecclesiastical agents residing in the city, and were employed to find a purchaser for an estate, part of which was an rAvoason, or if they could not find a purchaser, they were to seek for some person who might be willing to advance money on a mortgage of the property. They accordingly sought for, a:A in troduced to the defendant 3 person who was desirous of advancing the money, and who accsrtlingly did advance the sum of 4,2904 It had been agreed between the parties that the plaintiff should receive two and a half per cent. for his trouble. But to this claim the defendant, on the inquisition held before the Secondary, op posed to him the statute of 12 Anne, cap. 16. SCC. 2., which limits the remuneration of an agent, in certain cases, to bs. per cent.; and the Jury found a verdict accordingly. .51-. Sergeant VAUGHAN now moved for a rule to set aside the irquisition, on the ground that the plaintiff was not concerned in the bargain, and did not, therefore, come under the dam of per sons comprehended in the stattre.—Rule granted. COURT OF REQUESTS, COURT -STREET, WHITECHAPIL, THURSDAY, JAN. 27. IRON COFFINS. BRIDGMAN V. BALL. This was a case in which the plaintiff, the well-known patentee of iron coffins, now carrying on his business in the Commercial road, aught to recover the sum of N. fix. from the defendant, a respectable tradesman in Shadwell. for the necessary fees paid to the overseers of that parish, on the interment of the defendant's child, in an iron coffin, on the . Val October last. The defendant refused payment no the ground that the fees had been paid without his previous knowledge and consent, front which circumstance, together with its being an illegal charge, he con sidered he was not liable. The present proceedings were instituted as much to have the question of the right of parochial officers to t!emand the exorbitant charge of 10s. on the Interment of every adult, and half that sum for children, in iron coffins, as for the money sought to be recovered. Mr. Ball, on being asked by the Chairman what were his objec tions to paying the demand, stated, that on the demand being rnsde on him, he memorialised the Lord Bishop of London and the Secretary of State for the Home Department, but they individually could do nothing for him, and advised him to apply to the Eccle siastical Court, where they were sure he would obtain justice. He accordingly did make the application, and entered a caveat to try the rase; but the parish officer*, before it came to be tried, involied Lim in a litigation with the parish, which obliged him to compro mise the matter with them, by their allowing him 3W. not to pro seeute it. The CJIAIRMAN interrupted the defendant, by saying, that the erly question for him and the Jury to decide was, whether the n.cney was or was not paid for his use ? and that having been proved by the witnesses, he considered the plaintiff had a right to recover. Thor Jury, after a few minutes deliberation, found a verdict for the plaintiff, Pearirg the question of the right of the pariah officers to enforce the difference of fees between the common and metal Lcffins as it stcod. SPRING CIRCUITS. THURSDAY, JAN. 27, 1825. All tlie Judges (except the Lnrd Chief Justice Rest, who was absent from indisposition) met this day, and chose the Circuits as tallow& Nostroz.z—Lord Chief Justice Abbott, and Mr. Justice Ch_ *eke. hl trmawn—Lord Chief Justice Best, and Mr. Baron Elullock. Hour—Lord Chief Baron, and Mr. Baron Graham. NORTHEIN—Mr. Justice Bayley, and Mr. Justice Holrnyd. WESTERN-31r. Justice Park, and Mr. Justice Burrough. Oiroao—Mr. Baton Garrote, and Mr. Justice Littledale. FATAL PUGILISM. On Saturday evening, two young men, one named Ezra Cozier, • blacksmith, and the other James M iller, a carter, quarrelled, and determined to meet on Monday morning, and decide their dispute, depositing lA. each, as earnest for the sum of IL each, as a further stimulus to their prowess, to be the reward of the conqueror. Ac.. cordingly, at eight (o'clock on the appointed day they met, and re paired to a field on the New Painswick-road, each attended by his backer or handler. After fighting for nearly half an hour, Cosier, on being brought up to time, staggered, and appeared so incapable of further exertion, that the spre•ators separated the combatants, and it was discovered that the unfortunate young man had received some serious injury, as he complained of dreadful pain about his lsed. He was carried to the Norwood Arms Inn, near the turn pike, but before he reached the house he was a corpse. In the course of the day his opponent and the respective backers of the Feria' left the neighbourhood, until the verdict of the Coroner's mottest was known. On the arrival of the Coroner, J. Cooke, Esq. on Tuesday, the Jury assembled at the Norwood Arms, and viewed the body, which was subsequently opened; and it was clearly ascertained, by the examination of Messrs. Eves and blountjoy, that his death was occasioned by a blow on the jugular vein, on which a severe contu sion appeared, and a quantity of extrausated blood was found on the brain. The Jury were occupied from one o'clock in the after noon till nine o'clock in the evening, when they returned a ver dict of " Manslaughter against James Miller, as principal, and lAlward :gaited and William Hadlam, as seconds." Thellyst insult, or at least that in which the fight originated, was liven by Gorier, the lad who was killed ; the challenge was the act sat Miller. who was a much heavier linen than his antagonist. On the way to the place of appointment, Cozier met an acquaintance, who was ignorant of the transaction, and requested him to accom pany him to the house where the full baffle-money was to be staked. The young man very properly attempted to dissuade him from eocountrrmg an opponent so much his superior in weiLlit and !strength but he was not to be reasoned with. tha fat her of the unf-ctunate Cozier wu present throughout the strife, that ended so fatally for all his hopes, and repeatedly, but sostictually, interposed.—Cbrltenium Clisonick. --- A fire broke out between nine and ten o'clock, on Mon- Asy morning, in a wrieht's shop in Cannon -street, Glas- Irv"; It at first assumed a very obstinate appearance, hut it was subsequently got under after considerable exertion. T. fire extended toe manufacturing warehouse above, bak lb* spode is whieb were all saved. SPORTING INTELLIGENCE. TATTERSALL'S, JAW. 27. The attendance to-day was but scanty, but the betting was tole rably brisk on the Derby and St. Leger, though without causing any particular variation. IIIDDLESWORTIT. • 6 to 2 aget Rufus (taken) I 6 to 1 apt Pastime (taken) DERBT. Ili to 1 apt Rufus (taken) 20 to 1 apt Canvas 9 to 1 apt Aluleuser (taken) 20 to 1 agst Spermaceti (tak.) 14 to 1 apt Bolero (taken) 25 to I apt Legacy (taken) 15 to 1 apt D. of York's soli 25 to I apt Diana (taken) 15 to 1 apt iVebb (taken) N to 1 apt Nigel 20 to 1 apt Advance 30 to 1 apt Sista to Nottor 0 to 1 agst Aline 8 to 1 abet Sorcery 10 to 1 apt Tontine 11 to 1 agst Attica 11 to 1 agit Pastime 12 to 1 apt iValts 14 to 1 apt First Flj , IS to I agst Pipylina 20 to 1 agst Zuleiks 23 to I apt Shoveller .toss. 33 to 1 apt Alanclane (taken) 40 to 1 apt Rosamond(taken) 40 to 1 apt The Alderman 60 to 1 apt Skipper 60 to 1 apt Atuca 60 to 1 apt Phantom colt 50 to 1 apt Trineulo 50 to I apt Cain (taken) 60 to 1 apt Oberon (taken) OT. LI 10 to 1 apt Ifintnon (taken) 12 to 1 agst Cleveland (taken) 14 to 1 agat Redgauntlet (tk.) 22 to 1 apt Cow Boy 22 to 1 apt Horner(taken) 26 to 1 apt His Grass 26 to 1 apt Androgeus 27 to 1 apt Croweatehar 30 to 1 agst Muleteer AMESBURY COURSING MEETING, JAir. 26. For the ('up. Mr. Mill's blk d Marquis beat Mr. Vivian's bl d Valentine. Mr. Bayley's hlk and w b Rhoda. beat Mn. Pettat's bl b Penelope. Mr. Biggs's blk b Brevity beat Mr. Jones Long's bl d Loiterer. Mr. Northey's bl b Nancy beat Mr. Astley's f b Agnes. Mr. A. W)ndhani's f d Wry (ice beat Mr. Dancer's blk d Danger. Sir H. Vivian's blk d Voltigeur beat 31s. A. Wynharn's blk d Woden. Mr. S. Heatheote's y and w b Harebell beat Mr. A. Wyndham's f d Warwhoop. Mr. S. Heathcote's blk and w d Ileezhcock beat Mr. Dancey's blk Dreamer. Stonehenge Stakes, 3gs each. Mr. Pettir's r d Paris beat Sir H. Vivian's bl and w d Velocipede. Mr. Bigg's blk b. Becky beat Mr. Astley's blk d Admiral. Mr. Junes Long's blk and w b Leopard beat Mr. Heathcote's r b Hannah. Mr. Mills's blk b Mouse beat Mr. Wyndham's bl b. Wallentens. Fighelden Stakes. Mr. Jones Long's blk d Lancer beat Sir H. Vivian's bl and w b Volante. Mr. A. Wyndham's f d Wizard beat Mr. Pettat's bl d Phantom. Mr. Northey's r d Nectar beat Mr. Astley's bi b Alea. Mr. Heathcote's blk and w d Hawk beat Mr. Bigg's r d Belas. Tidworth Stakes. Mr. Pettat's bl d Battle best Mr. Jones Long's ilk d Lash. Mr. Biggs's blk b Blast beat Mr. Northey's blk d Nardoc. HUNTING APPOINTMENTS. Mr. Meynell's bounds wnl meet on Monday, Jas. 31, at Blith. field; on Thursday, Feb. 3, at Allestry. at Lalf-past tan; and on Saturday, Feb. 5, at Kedleston, at eleven. Sir George Sitwell's fox hounds will meet on Tuesday, Feb. 1. at Sutton • and on Friday, Feb. 4, at Norton, at ten. The Fa st Sussex fox hounds on 31onday, the 31st inst. at Little Hunted. The Brighton harriers continue to show very excellent sport, in. deed dining the present month their success La. been remarkable. We believe there is no country in the kingdom better adapted for this diversion than our Downa, where a pure and health.creatirg air sweeps over a soft and pleasant turf, for ccuitless milts. Hare hunting, u practised here, is widely different to what is seen in low countries. There they run a mile or two forward, and a mile or two backward, but here in very many instances it is straight for. ward, and though not short, is very decisive. A famous sportsman the other day, after a chase of this description of about nine miles, exclaimed, •• Why, this diffen from fox hunting only in name r• Brit-Mon Paper. The Somerset Subscription Fox Hounds meet on Tuesday, Feb. Llat Kennel, Nettlecombe; and Friday, Feb. 4, at Hart Cleeves. MEETINGS OP CREDITORS AT TRI &&&&& UPTS' COURT, NASINGUALL-STIARET. TO-MORROW. THIRD MEETING/. Enwood. W. and Croft, R. Turner's-square, Horton, and Distaff-lane, pager-stainers . . Frampton, W. Wych-street, victualkr - - . Goad, W. sen. and W. jun. Ilyta, Southampton, ship builders - - - Lamb, J. Jerusalem Coffee-house, Cornhill, and Strong':- buildings, Black:Tall, merchant Lee, J. Hocking, Ease:, innkeeper - - Wuoda, G. W. Walton, Surrey, chymist - - SECOND MEETINGS. Barnard, S. Sydney.place, Southampton-street, Camberwell, working jeweller Brandon, W. sen. Camberwell, hoop-bender - Dolbel, J. Lambeth-rued, Surrey, merchant Humphreys, J. Vauxhall.bridge - road , carpenter Jones, J. Hillingdon. Essex, linen-draper - - Jones, W. Bermondsey-street, teUmonger Lander, J. Strand, hardwareman • Palmer, J. Commercial road, Lambeth, tailor - Phillipson„ W. Martin's-lane, Car.non-street, dryaelter Tayler, W. Hog-lane-wharf, Woolwich, . .- FIRST )(ELTING& Benelli, J. B. Quadrant, Regent-street, dealer - - I Fawcett, J. and White, P. Mile's-lane, bottle-merchants 11 Golding, G. Swan-yanl, Knightsbridge, livery-stable-keeper 11 Harmer, J. Great-Surrey-street, stove-manufacturer - 10 Howe. R. Haytniseket, joh-niaster - II Kingham, J. Croydon, linen-draper - . 11 Morgan, J. T. Arlington-place, St. John's-street-road, jew eller . - - 12 Nickell, J. Hunter-street, Brunswick-square, upholsterer 12 Robinson, J. 11. and 11. S. Ridden -court, llornchurch, Essex, hay-salesmen - - - - I% Rowland, H. R. Green Lines, Tottenham, stationer . 11 DIVIDENDS. Abbott, S. New -court, St. Swithin's.lane, merchant . 13 Binger, W. Henley-upon. Thames, grocer - - 10 Cogger, T. Haymarket, gliassman - . - 10 Gibson, J. and Foster, S.lVardrobe-place, Doctors' Commons, dealers in silk - . - . . - 13 Mayor. C. Somerset-street, Portman-square, carpenter - 12 Newbold, W. Bourene-street, Fleet-street, tailor - 13 Pigrana, J. and T. R. Maidstone, Kent, grocers . 12 Pinck, J. Chichester, linen-draper - - . 12 Salter, J. and Foster, J. S. Kingston, Surrey, brewers - 10 ShooLridge, G. Cheapside, tailor • - 10 - Watkia, J. and W. and Careless, R. Aldenuanbury, ware. housemen - - - 10 I BIRTHS. On Wednesday, the 26th inst. in Portland-place, the lady of IV. Curtis, Esq. of a son. Wednesday, at Carshalton, the Lady of John Plummer, Esq. M.P. of a ann. At 31oneriefle House, on the 17th of January, lady Moncriefr, of a son. MARRIED. On Thursday last, at .SS.7iliehOliTsChurch, Worcester, by the Rev. Robert Cufton, Capt. C. 0. Avelino. of the Ilonourable East India Company's service, to Eliza, eldest daughter of A. Mound, Eq. of Worcester. At Langford. in this county, James Dowering. Esq. aged 89, to the window of James Crocker, Esq. late of Ninehead. The Rev. 11. T. Tucker, rector of Uplyme, to Charlotte, eldtst daughter of the Rev. W. Mitchell, of Codeigh. DIED. On the 24th instant, after a few days' illness, in his 68th year, Mr. Wollaston, of Brighton. At Affirm, county Waterford, the Rev. William Poer, Rector of that place. On the 17th instant, aged 29, the Rev. Peter Walthall, M.A. Rector of Wistaston, Cheshire, eldest son of Peter Walthall, of Dsrley Dale. On the 25th inst. at her house in Part-street, in the 81st year of her age, Mrs. Harriet Bigot, last surviving daughter of Sir Waltat Bagot, Bart. of Blothtield, Staftindshire. At Alarchup, rear Addingham, three daughters of AD. Hugh Hudson, farmer, viz. Martha, on Dee. 9., aged 18 years; Mary, em the 23d, aged 18 ; and Ann, on the 31st, aged 12 years. And to complete the desolation of his family, Mr. Hudson interred on Saturday his only son, a boy 13 years of age, and his last surviving and youngest daughter, who was only sir years old. A few weeks previous to this fatal sickness, which was a putrid sore throat, the family was a remarkable healthy one. On the 17th of May last, aged 33, at the Fort of Roenghur, is the Protected.hill Territory, Subathno (whither he had retired on the invalid establishment) Captain W. Walker, of the native infantry, eldest son of the late Rev. W. Walker, of St. Cyrus, near Mon trose, and only brother of Mr. Jamey Scott Walker, of the Liver. pool Afereary office. On Tuesday, in Hope.street, Liverpool, aged 72, Martha Hope, cuter oflV. Hope, Esq. On Sunday last, awfully sudden, at Dalton. in Furness, in the 25th year of her age, Miss Margaret Hartley. She was found dead in her bed. On Wednesday last, at Camerton, Mr. John Dodgwn, aged 65. The deceased was at Flimby on Saturday, and lett late in the evening for the purpose of returning home, but it is supposed he had lost his way in crossing the common, and when he was found on Sunday he was a lifeless corps. HIGH WATER THIS DAV AT LONDON BRIDGE. I Darning AO min. after 7. Alterman 21 Mbu. Whew 8. ,- ----- Printed at THE BRITISH PRESS Office, by J. W. eAULTON, 181, Strand, and published by B. CANsor, win place. . • LORD MAYOR'S COURT. Yesterday a cue of considerable in tt rest mine on before the Court, and occupied it upwards of five hour'. In the year 1815, an Antwerp merchant, named Joseph Hozai, became a bankrupt there. A short time ago Messrs...icon, Oar. net, and Palmer, were parties to an attachment of considerable property in the hands of Mesas. Booker, of Aldermanbury, in the name of the beakrupt, and Ale. Benhayer claimed that pro perry now as apprimer or assignee to the bsnkrupi's estate, for the benefit of the mediton. There were therefore four parties In the case, and the &mover stood in the condition of plaintiff, and Mr. Hosea in that orifedendent. BoLLAwD, for the approver, stated, that he had simpl y . to prove the bankruptcy of 31r. Flezai at Antwerp, and the possession by the garnishee of the property of the bankrupt, to show that his client was ermtled to a verdict. Mr. Cannon, tlerk,of Messrs. Decking and Co. of Fenchurch strreet, stated, that he went to Antwerp last month in order to get do. cumenta from the Chamber of Commerce there to prove that 31e. Renhayer was appointed syndic to the bankruptcy of Joseph Ho zai. Witness went to 31r. Herryns, a Judge of the Chamber of Commerce, stated the object of his visit, and was by him intro duced to Mr. Schram, the President. Mr. °ovens, another Judge of the Chamber of C ommerce, was also present, as well as the Re gistrar, who produced a book, from which witness Riede extracts, which be compared with the contents of the book in the presence of the President, Judges, and Registrar, who afterwards authenticated and set the seal to the documents. Those documents were understood to establish the bankruptcy. Mr. Law. for the defendant, observed, that he considered the Chamber of Commerce of Antwerp as no more than a Chamber of moonshine. 31r. Joseph Schram, has a house in business at Antwerp, as well as in London. His brother, Emanuel Schram, was Pre. eldest of the Tribunal or Chamber f Commerce at Antwerp, and that gentleman's signature was attached to the documen ts alluded to. By the Cot; lIT—Ho you know that questions of bankruptcy are discussed in the place called the Tribunal of Commerce ? The witness answered in the affirmative. Mr. floral was a mer chant at Antwerp in 11113, and witness believed his affairs were at that time distressed. Had not, however, seen Mr. Boast since the year 1813. Mr. HOLLAND then put In the documents. 31r. Law objected to the reading of the documents. It had not. he said, been proved that 31r. Hozai, whose property was attached, was the Antwerp bankrupt. Mr. Bortatxn, in reply, referred to the pleadings, io which it was stated that Alr.llezat became a bankrupt, in 1815, at Antwerp, and that the usual proceedings were resorted to, by which an ap prover was appointor, and that such approver was the only per son entitled to bring an action in the present case. To this the Learned Counsel said, a replication was made that the approver had no right or title to claim the property of Ale. Hozat, and therefore issue was joined. lie considered the evidence that Mr. Mai was a merchant residing at Antwerp, in 1813, sufficient fur the Jury, and he looked upon the replication as recognising and admitting that 31r. Ilozai was the person alluded to. Mr. BAH WARD, on the same side, argued that this was not only a prima facie case for a Jury, but that there was very strong evi dence. Alr. Law insisted that there was nn proof of the bankruptcy, and that there might be, in so large a place as Antwerp, several Mr. Howls, as well as there were several Mr. Smiths in London. A London Jury were not to be prevailed upon to look upon as con elusive, what wax said or done by a set of men, who took• it into their heads to make bankrupts of persons they knew nothing at all about. It was a story too much savouring of the Arabian Nights' tmtertaimuent to carry weight with it. There was here no evidence of personal identity, a thing indispensable in such a case. . . . Mr. ROLLAND said, the defendants were called upon to prove that Mr. Hoiai was not the Antwerp bankrupt. A case had the other day occurred in the Court of King's Bench, that of Duncan v. the proprietors of the Marxist,: Adrertiser. in which Mr. Brougham had taken an objection, that the Mr. Duncan might be the lather of the person miam ; and when it was answered that the father was bail for the son, Mr. Brougham argued that it might be the grandfather, upon which the Chief Justice observed, that the defendant had not proved that there was a grandfather. Mr. Law said that was no reaw:n that 3lr. Hozai, who was the defendant in this case, should be the bankrupt of Antwerp. The RECORDER said, the defendant had it in his power, if lie was not the bankrupt, to prove that fact. There could, surely, be no difficulty in saying that he was not a bankrupt, if he could say so. Mr. Law contended, that at all events there was no evidence to prove the right and authority of the Antwerp Chamber of Com merce to vest the property cf a bankrupt in an assigiee. There was no proof of the law of that place as to bankrupts. Mr. BOLLARD said, he had documents signed by the Authorities in proof of his ease. If such prolif were not admissible, how could conincercial affairs be carried on with foreign countries? It was perfectly well known that in ail foreign countries tribunals of com merce decided in cases of bankruptcy. Did his Learned Friend mean to say Cent if documents signed by him, as commissioner ef bankrupts, to no more than the extent of his authority. were pro ducsd in a foreign country, they would not be conclusive ? Mr. BARNARD said, that as it was impossible to compel the President or the Judges to come ever here to give evidence, all that could be done was to give the best evidence that could be had, and such evidence was admissible upon the principle with respect to all known and unknown Courts, that 0111111 J presumunint juisec rile twin. Now it happened that the plaintiff was actually encumbered with the load of proof. Mr. LAW contended that the principle mania pranmuntur Mese rite nets was too dangerous to be extended to all known and un known Courts. He would instatce a case in which it was far from being admitted. Indeed, the presumption was (and so was the fact) that there was gross misconduct upon the part of the person in question. It was stated before a relation of his (Mr. haw) that the Governor of an Island had imprisoned a British subject in a very confined place, and the principle just quoted was stated in support of the act; upon which the Judge said he could look to the authority of the person, whether he Walla Governor or not, who pre. sumed to imprison an English subject in a room of such limited dimensions, and he would look most narrowly too. He (Mr. Law) trusted that the Jury would look with as much caution upon the conduct of the Authorities of Antwerp, who, he contended, were not able to clothe any man with such a right as the plaintiff claimed in this case. _ . The • Recoarma said, there was no Judge whose decisions were deserving of more respect than Lord Ellenborough ; but the instanc.! just cited had no reference to the question before the Jury. The documents were then admitted in evidence. They stated, that in May, 1815, Joseph Hozai having stopped payment, was adjudged to be a bankrupt, and that Mr. l3enhaper was appointed approver for the benefit of the creditors. this was the case for the plaintiff. Mr. LAW then rose for the defendant. He observed, that what was called a bankruptcy was a failure quite distinct from • bank ruptcy ; that there was no identity proved as to the person who was charged with Laving been declared by what were called the authorities of Antwerp a bankrupt; and he contended that his client must receive a verdict upon these grounds, as well as upon the fact of the want of proof that the bankrupt laws of Antwerp divested bankrupts of property which might have been obtained after bankruptcy. The RECORDER, in addressing the Jury Raid, that except they could say upon their oaths that they believed the defendant was not the person who became bankrupt at Antwerp, they were hound to find for the plaintiff. The defendant, if he was not the bank rupt, was bound to prove it. The Jury consulted for some time, and The RECORDER again addressed them. He told them that if they found for the approver the effect would be-- Mr. Law begged to inform the Court that the Jury ought not to be informed of the effret of their verdict. .The RECORDER said it was his duty to inform them. If they found for the approver he would not immediately come upon the property, but must bring his action against the garnisher. 'l'ne Jury, atter some deliberation, returned a verdict for the de fendant. MIDDLESEX ADJOURNED SESSIONS, TIIUItbD•Y, J•WIT•IIT 27. Sarah Parson', a dealer in marine stores, in Gray's Inn-lane road, was indicted for receiving a quantity of iron pipes, the pro perty of the Gas and Coke Company of St. Pancras parish, know ing the same to have been stolen. Mr. A DOILPHU s stated the case to the Jury, and called Robert Woolley, a Bow-street patrol, who stated that on the 10th of December he saw four boys, from about ten to fourteen years of age, with pieces of iron pipe, going towards the defendant's shop. lie apprehended one of the boys, named Earle, from whom he learnt that he and his comrades were in the habit of stealing pieces of iron pipes, and disposing thereof to hirs. Parsons. The witness then followed Earle to the defendant's shop, and after she had paid 24d. for about 14Ibs. weight of iron, he searched the pre. mists, and found about one hundred weight of iron pipes, the pro perty of the Gas and Coke Company. blr. ALLEY cross-examined Woolley, and afterwards took an objection to the form of tale indictment, which was overruled by the Chairman. Mr. Glindell, storekeeper to the Gas and Coke Company , iden tified a pan of the pipes as the p ro p ert y o f hi s emp l oyers . - Rut, on his cross-examination by Mr. Alicy, it appeared that he had pos. session of the piece of iron aft er the officers apprehended Earle , and before the boy was sent therewith to the defendant's shop to sell. The CHAIRMAN here stated, that there was no case to go to the Jury, and the defendant was acquitted. A Rail-road, between Tunbridge Al'ells and Maidstone, is now upon the tapis.—Rri4r4ton Paper. AIELANCHOLY ACCTTIENT.—On Friday morning last, John Iluskis, one of the Carron Company's overseers at Carronhall colliery, after having got all his men as usual down the pit, had just seated himself in the bucket, when the hook to which the chain was attached gave way, and he was instantly precipitated to the bottom, a depth of above twelve fathoms, and was killed on the spot. The de ceased was about 40 years of age, bore an excellent charac ter, and has left a widow and seven childrea to deplore his It is rather a singular coincidence, that his father was also an overseer at the same work, and was killed there fourteen years ago by a similar accident.—G/argoo L Herald. THE BRITISH PRESS. POLICE. ROW-STREET. Yesterday a sprucely-dressed person, considerably under the middle size, who stated his name to he O'Halloran, and that he was a (master) tailor, was brought up from Covent-garden watch house, charged with having threatened to give a " good threshing" to no less a person than Sir Iticustab BIRXIE, the Chief Ma gistrate of Police. Porton, a constable of the office, stated that he was on night duty at the office on Wednesday night, and soon after ten o'clock there was a loud and continued knocking at the door. The ap. plicant for admission seemed to use all his strength in the use of the knocker, and witness hastened to answer the call, supposing that a murder, or some other dreadful crime requiring the intervention of the police, had been committed. He found the defendant at the door• and upon asking what he wanted, he received for answer— " What do I want, Sir? why I want to see Sir Richard Birnie, the Hovemor-in-Chiel of this Police-office—what did you think I could want ?" " You canna, see him to-night, Sir ;it is too late," said the witness. " Cannot see him, Sirrah, 'replied the prisoner; " but d—m--e I will see him. I have a matter to settle with him before I sleep , and see him I will—so show me up, show me tip, young man . " The witness assured him that Sir Richard had left the office, and repeated that it was much too late to transact buil ness with a Magistrate. The defendant, however, was not to be appeased, and he repeatedly vociferated—," 1 will see Sir Richard Bimie—by the holy J-5 I will tee him, so show me up." The witness again asked him what his business was, and he at length said, " ll'hy, Sirrah, I intend to give him a good thrash ing, d--n his eyes ; and I'll, do it too, so show me up, I tell you—show me up." The witness said he could not, at all events, • show him up" for any such purpose, and advised him to go about his business. " About my business !" said the defendant; "I am about my business now t I came here to give your Chief Magistrate a whacking, and by my mother's chastity I won't budge an inch till I have done it." The witness finding he could not get rid of him, ordered a watchman to take him into custody. Sir R. Muslin laughed heartily at this narrative, and calling to the defendant, who liad re•reated behind some other persons, said, " Come forward, Sir, I am not afraid of you," and when the latter presented himself, Sir Richard, meauring his altitude with his eye, added—" Why, really, though I am somewhat your senior, I think / should not fare much the worse in a contest with half-a-dozen like you ; and now, Sir, pray what possessed you with an inclination to whack me. as you call it ?" The defendant, in an under tone, said, lie hardly knew. He had been dining out with some friends, and had drank freely, and somehow or other he had got a notion into his head that a Mr. David Latouche, a gentleman with whom he had seriously guar_ yelled—so seriously that the matter could be settled only in one Irv, had been dining that day with Sir R. Bimie, and— " Well, Sir," said Sir R. IllautE, interrupting him, " I want to know nothing shout Mr. David Latouche or you • if your threats had been directed against any other person I should . have held you to bail to keep the peace; but as it is, you are welcome to walk about your business, free as air,' and so, Sir, I wish you good morning, and our acquaintance may as well cease from this time." Mr. O'Halloran bowed very low and retired. WORSHIP-STREET. Yesterday Sarah Braja . tniu, an elderly Jewess, and dealer in wearing apparel, was examined under the following circumstances : On the 22d of December a parcel was stolen from a wagon, con taining seven muslin dresses, the property of a Mr. I.ainson, of Rothe:Witte. Two men, named Bennet and Buckley, were ap prehended for the robbery, and convicted at the last Old Bailey Sessions, when the Recorder, before whom the trial took place, im mediately ordered that the witnesses should be bound over to pro. secute the receiver. Lock, a constable of St. Luke's, deposed that on the 22d ult., about six o'clock in the evening, he was in Golden-lane with another constable, and seeing a man, whom lie knew to be a bad character, standing at the corner of Playhouse-yarci, he said to his companion, " Here's snag coming, lees see what it is," and pre sently after another man came up with a parcel under his arm, and the two proceeded up Playhouse-yard. and went into the house of Mrs. Benjamin. Witness and his companion followed them, and found in the room Mrs. Benjamin, her son, and the two men, with the parcel, containing seven muslin dresses, lying open on the table. The prisoner motioned to the men to be silent, and witness took up the parcel, and laid hold of one of the men, asking " what bad they got there ?" Receiving no answer, he took handcuff:: from his pockets to secure the men, when the prisoner interposing, said, " I will give you two sovereigns if you let the men go."— Witness rejected her offer, and was about to secure the men, when the prisoner and her son laid hold of him to prevent his doing SO, and o ff ered him three sovereigns to let the men escape. He and his comrade at length secured the men, and they were afterwards convicted of the robbery, and sentenced to transportation. The prisoner declared, that what the officer had stated was false, a id said she always conducted her business openly in the shop.—She was fully committed to Newgate for triaL TOWN-HALL. An ofreaee, unattended by any extenuating circumstances. was embodied in the person of a baker's journeyman, named Robert Gobbet:, who was brought before Alderman J. J. Sul Tir yester day to answer for it. Henry Durant, shopman to Messrs. John and George Giles, of Southwark House. drapers and haberdashers, High.street, South. wark, said thrt the prisoner bad, fora latch of time, been in the habit of delivering bread at his master's house. Many articles had been from time to time missed, and blame attached to the per sons on the establishment, but not the least suspicion was entertained that the prisoner was in any way connected with the circumstance. Yesterday mornings valuable shawl was purloined, about the time. of the prisoner's calling ; a strong sensation was excited by this fresh proof of dishonesty : the servants of the house, conscious of their innocence, determined on pursuing the prisoner, who was over taken by the witnesses in King-street, Snow's-fields ; they insisted on searching his basket, the contents of which were covered with &linen cloth. On the mention of the circumstance, and the obloquy that attached to himself in common with others, in consequence of the lose, the prisoner took from his hat the identical shawl, saying— " There, go back, that will settle it." The prisoner pleaded a first offence, and that he was urged by distress. . . Alderman J. J. SMITIf said, it was • grievous aggravation of his offence to attempt to qualify it by • falsehcod--it was known he had comfortable means of subsistence. The prisoner was committed for trial. ...... Yesterday William Gerrard, a newsvender, was summoned before L. B. Allen, Esq., for unlawfully keeping open his shop, and exposing goods for sale on the Lord's day. One of the officers, at whose instance the information was lodged, stated, that on Sunday last the defendant's shop was open during the time of divine rcrvice ; all the shutters but one were down, and books and pencils exposed, as he supposed, for sale. The defendant said he was unconscious of having offended ; his shop wu open on Sunday for the sale of Sunday newspapers; as the papers were printed and published on a Sunday, he considered he had a right to sell them ; he had a wife and family to support, towards which the profits arisinp from the sale of Sunday news papers contributed materially, owing to the working-class of people purchasing them on that day to read the last week's news to tht it families. . . ...... The defendant was informed that he must not expose any article in his window, as rassengers passing by would naturally suppose they were for sale, excepting newspapers, otherwise he would again subject himself to be summoned, and the penalty would be in flicted ; but in this ease, as the defendant had nctcd not upon an ntentional but an erroneous principle, he would orly fine him four shillings, being the amount of costs only, which was in t tntly paid. Two other uewsrenders were summoned fur a like offence, and their cases sir, re similarly disposed of. EXPOSING GOODS •T SHOP DOOR S.—At the Salford Sessions last week, the Chairman intimated that costs would not be allowed to prosecutors who exposed goods for sale under such circumstances as offered a temptation to commit felonies. On Tuesday a man named James Miller pleaded guilty of stealing a pair of breeches, which were exposed at the shop door of John Matthews; when the Court refused to allow the prosecutor costs. SaNGUtxtaY PUNIS/IMENT.—The punishment inflicted on the fanatic assassin of General Kleber, in Egypt, justly shocked the inhabitants of Europe, where, within these few years past, milder modes of inflicting death have been resorted to, and at length the guillotine, the most mild of all; but this is only within a few years: the slightelt retro spection carries us back to all the horrors of the pale and the faggot. On the 11th of May, 177'2, the Supreme Council of Douai passed the following sentence on Joseph Deflanders, who some time since robbed and murdered his mistress with a cleaver:—That he should be delivered into the hands of the executioner, and carried in a cart through all the public streets of the city of Cambray, with a paper on his breast and back, having this inscription—" A thief and a murderer of his mistress ;" that, before the principal gate of the parish church of St. Martin, he should perform the amende honorable, in his shirt, with his head and feet bare, a cord about his neck, and holding in his hands a lighted taper; this done, that he should be conducted to a scaffold, with a gallows on it; that at the foot of the gal lows he should be seated in the very arm-chair in which his mistress sat when he murdered her; that the execu tioner should cut off his right hand, and throw it into the fire before his face; that after this he should receive four heavy blows on the shoulders with the same cleaver with which he destroyed his mistress; that be should then be hung up by the neck till lie was dead ; that, two hours after, his body should be cut down, his head severed from his body and fixed upon a.pole without the city, and that the rest of his body should be put into a sack, and buried underneath the pole. This sentence was executed accord ingly. labouring mar of the name of Wyatt, in the employ of M. E. Pat ker, Es 9., of Whitcway, during the absence of his wife at Clindleigh, to procure medicine for him, he haring been unwell, hung himself by his handkerchief. IRELAND. (From the Dublin Morning Reriaterl NEWCOMEN'S BAND. Monday, Four o'Clock.—An adjourned Meeting, numerously attended, wu held this afternoon, Major Thompson in the chair. After a variety of explanatory matter, it was resolved that the opinion of Mr. Saurin should be taken as to the course best for the creditors to adopt. .Ir. Furlong, jun. was appointed the sop . citor, and the following gentlemen were unanimously nominated a committee, to investigate the affairs of the house, and report 110 b cordingly, viz John Flood, Francis French, David Henry, Charles Fox, Joseph Dickson, Bernard Mullins, Esqrs., and Alderman Montgomery. At the Royal Exchange, this day, the Commissioners hare found Mr. Leary, the surviving partner, a bankrupt. DESTRUCTIVE FIRE IN DUBLLV. DUBLIN,.TAN. 28. Yesterday. between twelve and one o'clock, the neighbourhood of the Post-office was thrown into a state of frightful confusion and alarm, owing to the house of Mr. Bristow, the hatter, of Sackville stzeet, corner of Earl-street, becoming suddenly enveloped in flame and smoke. The parish engines speedily arrived, but there was, as unfortunately alnost always happens on such occasions in Dub lin, great difficulty in procuring water. It was at length obtained from the Post-office, where the public business was suspended, by the humane orders of Sir E. Lees, to enable the people of that establishment to facilitate the supplying of water, and render every assistance at the scene of destruction. The parish engines were found of no avail, and the insurance-office engines were, far a time, rendered inefficient from want of water, as it could not be conveyed from the Post-office in sufficient quantities. Mr. Quinton, of the Pipe Water Office, having goon heard of the melancholy occurrence, turned all the water.cocks in the neces sary direction, and the insurance engines were at length enabled, with the supply from the pipes and Post-office, to play upon the mans of fire, but, unfortunately, with very little effect ; for such was the fury, irresistible progress, and rapidity of the flames, in.. creased by a smart south-west wind, that in less than an hour the whole of Mr. Bristow's premises, together with Mr. Smith's and Mr. Clarke's howsm, were entirely consumed. The flames raged with such violence against the adjoining houses, that it was thought impossible to save the range down to Elephant-lane. The adjosa. ing row in Earl-street also appeared destined to destruction. and persons were preparing to pull down a house on each side, in order to form a space between the burning houses and those threatened, but happily the necessity for this proceeding was obviated by the falling of the burning walls, by which the spreading fury of the flames was arrested, and the engines enabled to play upon the walls of the adjoining houses. The noble daring of British sailors, their characteristic bravery and humanity, were strongly illustrated during this scene of terror. The entire of the floors having been consumed, the roof next gave way, and there remained but the two walls, a portion of one haring fallen ; the remainder was observed to shake at this moment. The sensation of the multitude is indescribable, suspended between ap. prehension and hope for the safety of those within reach of the tot. tering mass, when it at length came down with a dreadful crash,' accompanied by the shrieks of all who viewed it, and for a quarter of an hour the most dreadful apprehensions prevailed, as it was, thought impossible that in so narrow a street as Earl-street, and where the buiiding was surrounded by such crowds of people, that an high a wall could fall without injuring some one. Providentially all escaped unhurt, owing to the judicious arrangements of the ml limey and police, who kept the people off. The front in Sackville street now remained totally unsupported, and in this alarming state, threatening destruction to all who had the temerity to approach it, an intrepisl hand of sailors procured a stout hawser, and, at the risk of their lives, boldly advanced under the walls, and made fast the end of the rope to a projecting part of the brick-work; then, having passed the other part to the bystanders, the whole was forcibly pre. cipitated into the street, with a tremendous noise. The Lord Mayor and Sheriffs, several officers of the garrison, to gether with a large detachment of the 4th Dragoon Guards, a few companies of foot, with the horse and foot police in attendance, un der the command of dlr. Farrell and Mr. Gooddisson, Chief Peace Officers, exerted themselves to preserve order and prevent plunder. The fire originated in the awkwardness of a boy, when heating a pot of varnish over the fire in the shop. Mr. Whitehead's lace-shop, in Sackville-street, was al-o de stroyed, and the damage and loss of property in all that range of houses is very considerable. It is said that the house in which the fire originated was in sured. This eel Amity was said to have been caused by an explosion of gas on the premises. The report in wholly untrue: it origi. rated as we have already stated, and Dlr. linstow himself avows the fact. Airs. Ormsby, of No. 10, Upper Sackville-street, one of the most respectable inhabitants of that street, was one of the first to open her house for the reception of the distressed suffering inhabitants, and the remnants of their furniture. SEDUCTION AND SUICIDE. Yesterday evening an inquest was holden at the Three Cups public-house, Oxfard-road, on view of the body of Christina :Bark liriscolie. aged 19 years, who put a period to her existence by poison, on Tuesday last, under the following distressing cir cumstances : Louisa Morcani, of No. 7, Drew's-place (with whom the de ceased had resided for the last three or four months), stated, that the deceased was niece to her husband, Carlo orcani, &manufacturer et artificial flowers, at whose instance deceased came over to England about a year and a half ago, to assist him in his business. The de ceased having received a liberal education, and being a young wo man of extremely insinuating manners, was much noticed by the various persons for whom Morcani did business, and finally was offered an eligible situation in a very eminent florist's house in New Bond-street, which she accepted, and where she had the mis fortune to attract the regards of a gentleman ranking high in life, who ultimately effected her ruin, and took her with him into the country, where she remained until the birth of an infant, which dying soon after, the deceased was abandoned by her seducer, and in the month of last October she returned to London, her spirits quite broken, and her whole appearance betraying the ut most wretchedness. During this interval, she had occasionally as, sisted witness in the management of the business, Morcani being in Italy, but her constant wish was to return home to her native coJn try ; on this subject she bad repeatedly written to the person by whom she was seduced, entreating such pecuniary assistance as would enable her to quit England for ever, but only in two in. stances were her letters answered ; the one was a little before Christ mas, conveying a direct refusal in harsh terms ; and the latter was about ten or twelve days ago, when deceased received a letter from him, enclosing a 101. note, with a few words of extremely unkind import ; one expression of which seemed to have peculiarly affect ed the mental faculties of the deceased. The letter was to this effect: " You say that the death of your child has tended to impair your health, and to incapacitate you from pursuing your business as hitherto. This is of a piece with the artifice of your sex. Who ever dreamt of meeting with such sublime feelings in the bosom of an Italian flower-girl ? I only regret that you did not accompany your brat (which I never believed to be mine), and then I should have been freed from both incumbrances at once. The enclosed will be the last assistance you can expect to ruche from me, and is more than I have any right to give you." IYitness stated that, since the receipt of this letter. deceased wept almost incessantly, both by night and day, and talked in so wild and incoherent a manner, that she (witness) began to apprehend her reason was fled for ever. On Sunday morning she appeared more composed than usual, and intimated a wish to attend the ser f vice of the Mass at the Spanish Ambassador's Chapel, which she generally resorted, when so inclined. Witness could not accompany her, but she went along with a young Italian girl, who knew her when she lived at the house in Bond-street ; from that time until Tuesday morning she was quite calm in her manners, though ex tremely melancholy and averse to society of any kind. On Tues day she went out under a pretext of visiting an acquaintance in Manchester-street, and did not return until near seven o'clock in the evening, and when questioned by witness and another person as to the cause of her staying so long, she replied in a hurried hut under-tone of voice, " I have settled everything this day, but it his cost me many tears." Witness thought that she alluded to her de parture for Italy, and observed, " Christina, you must not think of going; there is no occasion for it, particularly as Morcani is away." Deceased sobbed bitterly, and said, " Yes, yes, but I must. Oh, God forgive him that forces me to such an act." She then said, that she had sone matters to arrange, and went up stairs to her room fur that purpose ; in some short time witness followed her up stairs, and found her sitting at table with the requisites for writing before her ; witness pressed her to come down to the sitting room, but she declined, and begged them not to disturb her until supper was prepared. She was naturally of a florid complexion, but at that time she was deathly pale, and appeared to labour un der great distress of mind. Witness did not see her after, until the servant girl informed her that " Mademoiselle was in a fainting fit," and upon going up to the room, she found her lying on the floor, perfectly inanimate, and to all appearance dead. Not think. ing her really so, witness used various means to restore her, but without effect, and she then went for a surgeon, who declared that it was all over, the deceased having evidently swallowed poison. Rebecca Moore, servant to list witness, stated, that soon after deceased went to her apartments she wrote a letter, which she de sired witness to put into the General Post receiver, which she did. The letter was sealed with black wax, and appeared to contain an enclosure. Witness did not read the direction of the letter. When deceased spoke to her she appeared very much enfeebled, and her eyes were red and swollen from weeping. Mr. Dubois, surgeon, was called to assist the deceased on Tues day evening, about a quarter after eight o'clock, but readily per ceived that his assistance was likely to prove ineffectual, as all pulsa tion had ceased for some timeprevirtualv. The symptoms being indi cative of poison, he adopted the ordinary modes of treatment, such as administering emetics, ttc.., but without effect. The patent stomach-pump was then introduced, and a great quantity of black matter extracted; yet every attempt to restore animation proved abortive. On analyzation, the contents of the stomach proved to be laudanum, in a quantity of greater magnitude than he had ever witnessed in any similar case. Two young women, acquaintances of the deceased. spoke gene , rally to the disordered state of her mind during the last three months. The Jury expressed themselves in strong terms of reproba tion at the unfeeling conduct of this wretched young woman's seducer; and concluded by saying, that they only regretted it was not In their power to couple his name with the infamy that attaches to it from this melancholy event, of which be was unquestionably the cause. Verdict--" That deaeued committed suicide by poison, whilst in a state of temporary derangement." a. 10 12 f 71 N ( emus. tl lioe, 014 the Ilth. ICESDAY the Aftesu( firer Rum Genet. Ansa Whisk Cord:a Cherry Colas! 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Pt and the Ti' during the lions, may admission . . N. B. T tf 3IAR PE Events thr Eia Denth steppe. Tr the figures Bible scale. pletc sena/ BATTT Fleets-dm ship Viet( ship Redo direction ; the Druid sets. Tits: N tte of Gear Surrender financial tenor of tl conveying insulated the Residi foregrouni Helena, F late reside the ses-1 tor can thi Day E ilvening 8 o'clock. II I'l'