The British Press; or, Morning Literary Advertiser. — London, England, 1824-01-29 00:00:00

it 1, .t i , i R 'p. ji it 1 r 1 , • 11 • •' LAW INTELLIGENCt. COURT OF CH.% NCERY, WE r xismer, JAN. 2& GOVIIILAY- V. 'THE DUCE Of 1110MEWSET. The Loan CHAWCZI.I.OII, pursuant to the plantar which he gam on Monday last, proceeded to give final judgment in this case to-day. The ease, as our readers will remember, was one in which the Doke, wishing to introduce the system of Sentth agriculture upon his leads, let to the plaintiff a farm is Wiltshire. Thermic, entered into an agreement, but differed afterwards as to the terms alt. The mode of manage nt e.f the farm constituted the prin cipal ground of difference bebetween the parties. Tire trials st can na) law bad taken place, for the poemn.e of determining the prints at issue between his Grace the Duke ef Somerset and Mr. It outlay, and, after a promoted litigating in the Court of the Mesta of the 1 Rolls, the final decision of his Lordship was this dry given in the I Court of Chancery, where the east has also been a loug time in' litigation. Alter • bac( detail of the several legal stages through which the cause had passed in progress to his Lordship's supreme (butt of adjudication, his Lordship proceeded to give judgment., Mr. Gourley had been invited to come front Scotland to undettake the management of a farm belonging to the Duke, in Wiltshire, on * lase, at a rental of dell ph annum, and to be allowed for Lecel6- nuy repairs:feel., "or as much more as the Mike. or his agent, might emus to." These terms Mr. G. acceded to, and einnhierced ortveivion, and shortly after reamed a lease to the :hike for , signs tore, which he refamisigning, alleging i het the intprovcments, ',they were termed by MT. G. were, in fact, deteriorations, and that the sereeinent had already been vitiated by different non-perfoan anew, on its stipulations on the min ofMr.ig. Mr. Gouriay, in con. sequeliee..impaided to the Malicer of the Rolls, Sir W. Grant. who dee red that the Duke d Id sigh the have, and that an issue should b: directed to determine whether Mr. Gonrlay was eV. titled to en y, and how much, above 201. for the hope:wane:lts mode acemsbehe to this agreement. On the trial of the imue a ver- diet was returned fur Mr. Gourley, tinting the Duke liable to peg m hint Mi. above the tin., and also MIA. subject to tile', opinion of the Master of the Rolls, who cootinned the larger ' ordount, bnt decreed against the smalierone. The Duke that ap plied roe a new oriel, which in the opieion of his Lordship, was very recrly relieved, for even if, as he alleged, his counsel had made admissions which they were never instructed to do, still he was of opininn that the Duke must be bound by their decile, cr there would never, whew counsel were employed, be an cod to litigation. In the peihihn of repeal presented to this Prate, the Duke avers that' don clop net to have bees as hitme gtaincil to Mr. IL otiginaDy, hot a • 'tenon directed. Now his amnion was, that an issue was rightly direncd. and that there ought rot to hare hem an action. 7bcr: teen nifecieet to warrant the direr Inn of the issue, and he, Was clearly of npiniew that it ought to have been en issue. With r...peet :o the hew trial granted to Mr. Gourley, Ire thought it iris co: improper. on the pattof the blaster of the Rolls, to grant dee fit r triaL If' the Duke had intended to appeal to this Genet against the decree of Sir W. Grant, he ought to ham done so in the first in. marthe, and net have suffered the cause to proctrel to trial tie ice, and Comet the radiet beteg entered egoinst him, wend ogniest what,' by proceeding under, he had taeuly acquiesced in. Altlenigh he was pet prepared so ray, that on areonet o': the lapse of time, the dame, if young, would not be rehersed at this tine, yet he was free to ilosiftee that if he could form a more corFileat opinion than hecnnld of the decree being gu.htionahle, he conhl net feel justified in re lieving from it at this day. Whether the hfleL ought to have been Idiom , ' Isv Sir Woo Grant aloe, he would not say. With that be bad nothing to de, as it was not brought before him in the way 0 I app-alt roe was it his duty to direct suitors in their prneeedings, or to dime them whether to appeal or nut to impel!. On the whole be was of opision that he .aught to dismiss the petition of appeal, an A d rter the application for a new trisL With respect to mach that bad h-en inoodueed by one of the pities in these pleadings, be hail alreatly returned his opinion ; it was of such a nature as 116 ClRlnftl would have ventured to introduce, he reneguing to my, would have dared to do, but that he recollected his long experience et - their propriety. It became the Cisurt to comier whether some Imam ought not to be adopted to repress such innetica, and whe ther Weight not to be nested as a contempt of ('ourt. In the pre- sent instance, with a view of deterring others from such a coarse, and with a View of marking its reprobation of it, he sheuld only gore the deposit by way of oats. Mr.. Has explained to Ins Lordship that this rause had been moue time since struck out of the paper. but nherwards restored without yment of costs, and that in the intermediatests, time the & mit lel.) was paid to Mr. Gourley, sit that he had alreadyre aliii mai that he was entitled to by the judgment. Ik. GOVII L A lt, shortly alter his Lordship's derision had been premourel, exclaimed, "My Lard, do you cut me shun of my alas ? Tin LORD Cw shceet.on directed him to lonic to his decree: is. wished to hold no further antvemation with hint. Mr. Gourley, in a tone and manner of great despondency,— " Theo, my Lord, I have nothing to receive. ' The LORD CHANCELLOR again referred him to his decree, and said, that be did not sit there to achninirter justice in such a manner, or to be dius addressed by any penult. Mr. Gourley then retired, muttering some expressiors or discon tent, which were not distinctly audible in Court. COC V. Tilt EARL 0? BOYERS. The SOLICITOR-GENERAL appeared for the Omani] . in this ketereiftng ease, which emblems a question of much importance, and which has been long litigated in the Court of Chancery. The N. James Cox, the plaintiff is the present case, is the second eatted the present Earl of 8=01; he filed aUM scene time ago adds a view of establishing his title to certaia estates now to the mineassion of the family, as being the tenon legally entitled to *ism. The Non. Plaintiff rested hit claim to there estates on the 'till of Pr. Nash, his maternal grandfather. The case was heard Wire the Lord Chancellor, and a decree pronounecd upon it. A Mimi* Act of Parliainent was subsequently paned, confirmatory off the decree, and the case came on now for a rehearing in cense rence of a difference of opinioo that prevailed as to the con. *ruction of the decree. It appeared that the present Lord Somers married the daughter of Doctor Nash the head of a• tort ancient and respectable family in *orcestenhire; a variety of covenants were introduced into the marriage settlement. ter the purpose of conveying certain estates from Dr. Nash to his son-ht-law, Lord Somers. For the sake of convenience, the uttifea which Dr. Nash transferred to the Noble Earl, and which Mire subsequently to be enjoyed by his children, might be termed she Dodder! estates. These estates were conveyed in trust for Übe see of lewd Somers and lik eldest son; but Dr. Nash being asturelly desirous of perpetuating the name of his own family, and of enabling the members of it to support its dignity, deter mined to make the second son of the issue of the marriage between Send Somers and Miss Nash the person who was to assume his ors came, and thmu,.,• h whom it should be perpetuated. Ile was Sherefore desire* of bequeathing the DoMerel estates to bins. However, Dr. Nash found that by a covenant introduced into the nuenidge settlement, hr could not make this intended apvlication Offfeleareaten, without tendering an equivalent to the Noble Earl. hhceetilogfy in his will he made an exchange of the Frenchan and Dellindten *noes, provided and bequeathed them to the Noble Harl,provided he, his wife, and their eldest son, on attaining the Age of 21, would convey the Dodderrl estates to the second sun. lleted Easton?, who was now the eldest son, was a second son ; his Mew brother terminated a glorious career by an hcnourable dcath hi Aire bed, in the service of his country. Of course all the advan tages which appertained to the eldest born by his death devolved optihrthe second con. In the lifetime of the eldest son the convey. erne of the Dodderel estates was made to the second, pursuant to ilirdirectionsenntsintri in the will of Dr. Nash. The second son ibtas.bresme possessed of the Dodderell estates, and continued in theen)oyment and possession of them after he became by the death at hi. *miter, the eldest son. Independent of the decree of the the (limn, this event frustrated the intentions of Dr. Nash, whose elejeet race to renew,* it were, his own family in that of his daugh ter. Those intention, were now quite frustrated by the deco*. ahem of the estates being merged in the person who is the repro. ritentative of the fintily.of Somers, and thereby the object of t:tc !rector in perpetuating the name of his family, was detcated.A The Learned Gentleman, in support of the claim of the Ilan. Mr.l Ater, urged the propriety ot attending to the intentions of the ailkinel testator, and of making a decree conformable to his *Aims. Mr. PEPYR appeared en the Intl of Lord Eastnor, and Mr.' Pion le avow co behalf of the third brother and the sitter. of the , 1 piniatiff. • qltey sd *examine and distress the meaning ell •the term, of the re " erVof the will of Dr. Nash, and of the Act of Slealateent The point on which they principally relied sass the injustice that amid be done to the rights of the eldest eon of I hard Lamm, if he were not permitted to enjoy the inheritance be miesthed to him by Th. Nash, as the son of the second eldest bout .ef the marriage. It would he found by the will that the Dodderel austrit were conveyed, not only to the second son, but to his re mainder in tail. Now it was manifest. that tits con of the present Lord F.astnor was the only pecan who could be an recognised, mod if the propre:y were alienated to another member of the family, ahem:lst grievous injury would be inflicted on his just ritilts. The LORD CHANCELLOR hums/void the further progress of, 4* regiment, by intimating that he was anxious of ascertaining irlirthcr it was pc risible for him to interfere in the case a+ it at pee snot +toad. An Act of Parliament had been passed with respect to tins nee, be whit be was heard. and from which lie ernildnot deport. anlesa that:Aet were repealed. tie desired that the mine roir k lit stand over until it were ascertained how far that Act of Par liament might interims with any decree which be wighe make on the point at hone between the parties. WORT OF KING'S BENCH, WEDXrSDAY, JAN. sa COI/NT FOVT ALI!) V. AoAlen, MVP CO. Th• ATTOIINtET-GENLIIAL MOW& LIT a rule to slinw nets:, .hi the verdict for site defendants should nut he .et aside. acil the r*wrairt entered for the plaimilf. or a new trial had. It WAS an tion trted before the Lord I !Wel Justice at /:uildhall, and Watt to unarm from the tl...endants certain Prussian bonds, 'Fledged to *mu by Ow bruher of the plaintiff; with whom they had been lOvi s ril for the purpose of hi% receiving the dividends, on beh:Jf of tl • plaintiff, and the .Ittorney-General an.tenderl that it war an disnived maxim of law, 'het ilia agent was not emit:meted to pledge Osgood,' of his princinai. 1.oR1) tll ler .I.•sr ICIE—But it appeared. r. Attorney-:me rot, that the coupons an which the dividends were receivable, wee: made payable to bearer. The A TTOMIIEY-fterrltAL—True, my Loral, they were, b ut .there was a case before your Lordship not long cgn, with regard to the pledging of Nscheqiier Bills, which ar.• a much more negncia law pcsperty than these foreign bonds, and even there the l'eairt Ats not unanimous --111 r. Justice Bayley dissenting (mar the deci sion of the Court. ,41r. JOSTICE B . —The objection that I had to the pled gi ng of Endsequet Hills was that there was a market overt for their tile. ATTOIMPT OEVERAL—it reei.ely the same t 6 1116 y Lord, the as east own Ming tie stock Exchange. 'The Court, after 1 short consultation, granted the rule for s new trial The Court rose at half-peat twelve o'clock, and the Lord Chief /twice sat at Nisi Prins. 1140ETOV V. /1".6111T AKD CO. Mr. J AIM NZ opened the pleadings. The Areoare en Dew Keel. roar, and stated to the Jury that this was an action brought by the plaintiff', a Captain in the army, tb mover from the defendants the amount of '.sage money that he had paid from the Cape of flood Hope to England, under the following circumstances. It appeared that the defendants were owners of the ship ,tpollo, an Kant Indiaman, in which the plain tiff had taken his passage at nlaAras, for England ; it would be proved to the Jury, that the Teasel sailed from Madras on the 10th February, and arrived rat Table Pay, at the Cape of Hood Hope, en the lfith of April, and that it was there lost on that day in con sequence of the gross negligence, or want of skill on the part of die Cmstain and Officers of the ship, and for the mischiefs ofwhich he need not tell the Jury, that the owners were responsible. Ile I wnedd chew to them that the commonest rare on the part of the officers might have prevented this calamity, as the sea was calm, and the night moon-light. He would not occupy their time by any further observation", but proceed at once .• the proof of his case. The fleet witness called was %Villiam Porter, a clerk in the Cnoom House, who produced the register of the ship Apollo ; but Mr. Scarlet, defendants' counsel, admitted that they were the owners of the Jewel. Thomas Bramah was an ensign in the army; had formerly been in the navy as Midshipman for five oe six years, and had comic nnently acquired some knowledge in nautical nutters. 'tires a passen g er on board the Apollo when she sail d rrom Mclean; Captain Morton was also a passenger. Parry and Dare were the agents for the ship at Madras, to whom the passage money was pita (A receipt of theirs for 1100 rupees for Captain Morton's was here put in, and admitted.) They ladled from vrdm huh February, an d arrived at the Cape of Dom! Hope on the Itish April. In the early part of that day there were light winds, almost a calm, but in the evening a !worse meting tip, which brought them to Mr mouth of 1 able Bay. They then struck acres& the Boy. It was tequisiteto tack %cross the Bay, to fetch the anchorage ground. He asked the Captain how fat he °midst and aeries the Bay ? who replied, " Nearly to the opposite shore." He did not go n the opposite ahoy by 4or hinges; had he done so, the second tack wonkl have enabled them to meth the mehuragegmund. Ile had seen the lie,hts on Kohn Island before the vessel tacked, but did not hear the Commerlore's gun fire. The Min was then in charge of the Captain. It was Mt. Tregoweth, the Second Mate's watch. After the tack the Captain went below, into his cabin, leaving Mr. Tregoweth on deck ; he was tannin about twenty minutes. The witness war then on the poop, with MajornWittelell, another of the passenger • the ship was than going shout 4 knots an hour, and the sea perfectly smooth ; it was a moonlight evening end the shore was visible ; we ran ashore ; the wind was 011 Oar larboard tack ; no penman was hearing the lead, though it was necessary that ehouhd have been eons!antly done, nor seas there any one on the look-nut to my knowledee ; the ninon was then about if, degners above the liaison ; the ship grounded at her head, not violently ; the captain came on deck when she struck ; he maiden° attempt to get her ofi' ; it was about hall-past eight o'clock when this happened ; about five minutes after the sails were backed; I &a not heat Tregoweth.give any ad vice; the captain abused him anti ailed him a d--d old fod he has often heard the Captain "peak of the incapacity of 'Feeney eth, raying he was not fit to command a coal-barge ; we received assiatance in about 20 minutes after the vessel 'truck ' • the rocks arc clearly Isid down in the charts ; the master of the Delight of fered assistance first; the ship grounded so easily that. with &little clue, she might hare been gas oil; if proper cafe had been taken she could not have run upon the rocks ; she was totally lust next day. Clues-examined by Mr. Scannerr —Had seen Capt. Tennant before ; the Apollo was a large ship with a hear? cargo ; his con. versation with the captain wasps*. M•fore he tacked ; he was stand ing on the quarter-deck ; the ship went on shore about half-an. hour ',nee the tack; I then went on the p ;we saw the land di rectly after wo tacked ; I was aware of our danger about five mi nutes byline the ship smick, and ousted it to a passenger ; I did not conannminne it to the Captain, as it wan not my business to do so and the captain might have thought it Impertinent. Dr. Maclean was also a penmen' in the Apollo; he menthe. rated the testimony of the last witness. In his croanexamination hominid that there were Rif paseengen on board, Net whom were females or childrem. Major Swindell, Major Broderiek, Captain Williams, Coked Latter, Capta'n Sieve, and Mr. Sweetly, all possengen on beard this ship. were reverdly esamined, and their evidence, wi th out ay variation, was confirmatory of Out Oen by Ensign Hearnah. In answer to a question put to Major Swindell by a Juror, as to whether Captain Tennant betrayed any anxiety et the time of this disaster, ter the passengers, vessel, or cargo, ht replied that he did net, but evinced the utmost indiffimersee and unconcern. David Kerr—le a minter in his Majorty's navy. Has been to years in the service. Has been at Table flay, and has navigated ships there. The rocks laid down in the chart now shown hint, are well known to mariners. The aschorage ground is also well known. Ile has always reached across ;be bay, and generally fetched into the anchorage. Has seen ships hot able to accomplish it; but with the wind at mouth-east, and blowing lightly, it might have been done. It was certainly neenuary that the lead should be kept going and that there should also be some ens en the look out. Mr. Franklin, Mr. Dunn, and Mr. Hardy, mates in the navy, had heard Mr. Kerr's evidence, and concurred in all that he bad said. . . Captain Wilkinson. with whom Captain Morton came home firom the Cape, spoke AS to his having received 1018. for the passage. The Avvozwev.Gewsnss—That is my ease. Mr. Seaus.ery then att 4 rmsed the Jury for the defendants. He lamented that he should have to treaties' on the time of the Jury at that Lite hour, but the difficulties he bed to contend against in this case, trade it uecmeary that he should implore a more than ordieauy degree of their attention, as he feared that the long trait , of witnesses, all telling the same story, would have excited in the minds of the Jmy a strong _prejudice against the defendants; but he entreated that they would listen attentively to what he had to state, as the consequences of a verdict against his clients, would be of the most fatal importance, as it would render them liable to indemnify every resienger,and those who had any property on board, to the amount cal weir losses, produced, AS he would fully prove, by unavoidable accident. George Tennant sworn.—l was the Captain of the Apollo. I have been at sea Pi years, and in the service of the East India Company about five or six years. I entered it as fourth mate, on board the Traverse. I was then promoted to the rank of third mate. I afterwards made two voyages as second mate. Before a per son is appointed mate in the service of the net India Company, he undergoes several examinations. It is usual to allow second mates to command vessels- The Apollo is a regular extra ship. She sailed from England in March, 1822. On our home voyage from Madras we had • valuable cargo. I had a venture of my own on hoard, worth shout 5001; it was not insured. The cargo belong ' ing to the owners was not fully insured. The night before the 15th of April did not deep much in my cot; I ems very ill. In the looming we found ourselves approaching the land. For several days before that I was indispes. I was timely the whole day on deck. I reinembee the chip first opening on "f c.ble Day. The flay opens jest oe we clear the Lion's Mouth. It was about half-past five IV( six o'clock. The wind was S.E. by E. and occaslooally E.S.E. When the wind tame down that way, we laid over towards Rolin Island, in the starboard tack, close in the wind. When e e voered abate, we undoubtedly could not have cleared Holm Ic:ond. It was necessary to tack to retch our ancho rage.. Somebody was then at the lend; I think his name was I;"heatl..y. 1 sent a young man to call Wheatley to the chines. He was she most experienced man in the ship. Thera are •no soundings for a hand-lead in creasing the bey. I pit the ship about when she tacked ; all bands were on deck. The second officer had the watch. The third mate's name was Lang. He was sta tioned on the forecastle; /levet; there with the boatswain. When the ship tackedi thought we were about five nudes and a half from the shore. Th- ship was going thee knots. After tacking ' I saw Whentley at the Mr. Wordsworth, theyurser. and I had tiers. Mon to go into my cabin. We had sonic dih emote of opinion who. the we conk' westberthe island the next tack. We went into the' : cabin to consult the chart. At that time I thought the ship was at' east four miles trend the land. We continued in the cabin seven or eight udentes. Just as I was putting up the chart, the ship struck the ground. When we came out we could not see the item land. There sas a heavy haze lying over it. We could itet the high lane anti the sky above it, but the low lard was hidden by the base. We had observed an illusion in the atmosphere the whole day. ordered all the sails to be thrown back. The order was given al most before I was out of my cahin. It was carried into effect in four or fine nil:lutes. The head-sails were ordered to he hauled down, and the driver hauled to windward. It produced no effect on the ship. The next thing we did was, to attempt to clear the long boat to get an anchor out. Some guns were feed as soon as thew could possibly be got nude. We had four anchors besides a smell one. The Delight's boat came up to is, but we had no anchor she could carry that would hove been of any ser vice to us. Several other boats also came up. I sent some of them to the :vent for Lloyd's. and to the Port Captain fee manual:re. The beats were small ones that came from the other vessels sit trots the shore. The passengers were in the utmost confusion. A boat came from the shore, which ear_ rite' out our stream anchor; the sails were then polled up and Garbed. end the cable carried nut of the stern window • the cable is lifted to the anchor in the Lott ; it is an operation film requires a ruosiderable time, and could not be well performed while I had , on beak. We did not succeed, and the towhee came hlaamme with the ship ; weals.. hove out the bower anchors ; the (icy light eon pretty well gore during thaw operations ; we then cut away the meet% sod spore. and hare overimanl some of the cargo we hcd ;bine men sent 1-om the shore, besides several from the At belf.pest fourin the afwermon of the next day, she went to piece. , ell Rork. I lost nll my own property, and the whole cargo of the meters was )(Vt. Wheatley left the Capc before me, and is slow. I believe. all hosed a South :lea vessel. ........ Cribs-exam iced.-1 had given dire?!iona to insnre when I was at 36.1rar ; the imuratice was to be of ected in England. 1 got some plate on shore, but I did not take au notch notice when, m to ens_ 21 ble 11 , 11, 1.1 mate poaitirely. We were about r mile, cc three- meters. from Ili.hr. talvid when we tacked ;we could not see the litr on the illia:;ti. We had been railing by the land all day, and knew at will, rate the eh* war going. Me. SCAIZI.I:TT having asked the witness, in re-examination, -13 , r utio.uon already RTT, WCTNI—• .. . ... .. . .rhe Louis ( it IIKF JUSTICE—After one counsel has examined a 'times, it is too customary for another counsel on the same side to nse and rs-eeantine the WitAtl4ll as to the ulnae farts. Air. ro•ant ETT—YOUf Lorthibirt reeolierts the disadrantape shall antler from the A ttomey.(Yenerurn reply. I am anima the-efor , to make my Leta quite clear. The 1.4 , an Cutts- JUPTICR—it will he better, Mr. f;earlett, for the I..tere that the defendant ahuuld go that, a" somebody must begin. Mr. S C ALE T 7—it would be better still, my Lord, tha% counsel tin both sides should speak after the evidence, and not as now, before it. The Loan Ours- Jur'. tcr—The practice is otherwise at pre sent, 111 r. Scarlett ; and you must static your share of what you consider to be an inconvenience, in COIIIIIIOII with all the other Gentlemen at the bar. . . . John Montaunt sworn.—l was chief officer on board the Apollo. I have been used to the sea fifteen years, and chief male four years. I have made Miff India voyages. I was once before at the Cape. On the 16th of March the Captain was on deck at daybreak. Ile had been ill several days before. Ile was on deck the whole day. I was below when the vessel struck. 1 went below previous to the tacking. I heard somebody ordered to the chain. as i was going below. I then thought we were about two miles or three front the main land. When the ship struck I came on sleek. The weather was what we should call tine weather in nautical phrase, but cer tainly hazy. The high land appeared at a great distance • the low land I could hardly distinguish on account of the haze. 'The sails wereput back, and the long-boat cleared out, a..d Meats sent for front shore to -wry out our bower anchor. The passengers were takgn on /More. The stream anchor wes carried out first. Cross-examined—This was about eleven o'clock, I think. The Delight's boat was not competent to have carried out the strewn anchor ; nor did any boat arrive capable of carrying it out till it was actuary carried out. We could have got our own boat out in an hour if every thing had been ready. Mr. Wordsworth sworn.-1 acted *spurner on board the Apollo, I from Madras. I have commanded six or seven years. I have been used to the sea seventeen or eighteen years. lam accus. tooted to the Indian seas. I did not go out from England in the Apollo. I d.•l rot presintisly know Caption Tennant. I remember the circumstance of making the land in the leth of April. I saw the Captain the night befiere actively superintending the manage ment of the vessel. Ile, had been ill, and I had filled his place at table. The weather was hazy. The moon set about ten. As we' were working in the bay, the moon was in a great northern decline. lion, nod we had little benefit from it. I was on the deck what the ship was tacked. The reason of tacking was to prevent her from running ashore on the Whale Rork. At that time he had, in our judgment, certainly not weatitered the Whale Rock or Rolla island. The wind was variable front the south towards the east. It was not possible to weather the rock and Reines Island without tacking, and it was doubtful whether a second tack would not be necessary. I heard Wheatley called to the chains by . the Captain some time previous to the tack At that time I conceived we were about four or five ;Mks front the shore. I went into the cabin with the Captain to consult the chart, in consequence of some dithrente between as as to the necessity of another tack. I was in the act of cooling up with the Clyttaln when the ship struck. The sails were imtantly put back. lie gave that order the moment he reached the' deck. Until the vessel struck, I could not have believed tube was so :tear the land. There was a thick fog hang. ing shout the low land, prodneing a deceptive appearance. If hen I first came on deck, I was at a loss to distinguish how far we were from the land. All hands were on deck. Some muskets were fired at au object to kewani of us. which we took for a sail, but which pnwed to be a light-house. That was before •he guns were fired. There was a great state of alarm and confesses =cog the passengers, especially the ladies and children. We began to clear away the launch ; but it was no easy Tatter to get one out that is stowed away for a long voyage. It is not usual to nee the launch till we arrive at the final destination. The captain sent on shore to the Port Captain for assistance. The passengers were sent ashore with all the despatch possible. The vessel was crowded with people all night, from the shore. The stream anchor was scot out about two hours or so after the accident. There was no boat that could take out the bower anchors. The pump was sounded, but at first there was no increase of water. I carried the Captain's plate ashore. He gave me no orders ; nor do I know that he knew wits; I was doing. When I went ashore they had began throwing .he cargo overboard. I never said we had weathered Ro din Island. Ido not believe now that we ever were to the windward either of •the Whale Rock or liolin Island. I have before seen si milar mists near the land. Cross-examined—The light-house is almost a quarter of a mile from the shore. The land that I did see appeared at o considerable distance. never was wrecked hut once before; I have been dia -1 misted at sea. There Is only a house or two on Rolin island, and a kind of prison for convicts. Wm. Grant sworn _I was sail-maker on board the Apollo. I saw Captain Termiutt very early on the wonting of the 16th of Apnl, walking fore and a& Before she was tacked the last time, I saw a young man named Miller at the chains; I afterwards heard the Captain call for Wheatley to go these; I saw him there about Ni hour , or an hour and a Wf ; I beard him call the soundings ew e,ldiom half an hour before the ship struck. When the ship tacked all hands were on deck ; I thought she was then about a mile from shore; the weather was very hazy. After she struck, the head.yaeds were ordered to be hauled hack. In my judgment as a seaman, even thing was done that, ought to hive been done. Biased Brett sworn.—l was stewatd on board the Apollo. I have been 13 years at sea, and made dime voyages to the East In. dies. I had it my duty for the day before the ship was tack ed ' • I heard Wheatley in the chains say, as be was looking toward the shore, "Itis a herd half bottom." 1 went below, and saw the captain and the putter 'ooking at the chart in the Ca ptain's cabin. About nine or ten minutes before the ship struck I saw Wheatley casting the lead. Wm. Lang sworn.—l was third mate on beard the Apollo. On the day of the accident thievish% was upon deck near) the vitae daf t * he appeared to be active and competent to the • of his duty. I ordered a man to the chains, who was or dered away by the Captain, and Wheatley substituted. I left the forecastle about a minute and a half before the ship struck ; I then supposed we were at least a mile from theism,; I judged from the appearance of the high land ; I had not the least idea that the ship was in danger. After she struck the passengers were very eag er to get on shore ; I assisted many of them to have the ship. was nothing done or omitted to be done that in my judgment could have preve:aed the accident. Cross-examined.-1 was under artist on the voyage. I was n. strained from keeping watch for a week ; but nn reason was given by the Captain for so doing. I considered the vessel was in the Captain's charge, as all hands were on deck, except the tint mate, who was asleep. Mr. Mordaunt recalled —I was asleep part of the time I was below, but not when the ship struck. Tregoweth ..worn.—l was mond mate of the Apollo: I was on deck when the ship tacked. I heard a man ordered into the chains, and he continued there till she struck. I heard him talk to the Captain as he was heaving the lend ; he was singing • song, as they usually do, and talking betweenwhiles. When the tack was made I supposed we were three or four miles from the shore. The land was very deceiving, on account of the haze in the horizon, . At the moment the ship struck i thought she was two miles front. shore. There was an express order thnt every body should be at his poet, and I believe they all were. Before the boat came that carried the stream anchor, there was none large enough to carry it. After the accident had happened, saving the cutting sway of the masts, every other thing was done to rave her. 1 had had a difference with the captain in the course of the voyage. Cress-examined.—After the sails were up, I celled eat "bran op the driver." Captain Cunningham, of the East India Company's service, stated, that in his judgment nothing else could have been done to save the vessel than the conduct pur , ued by the defendant, accord ing to the evidence given for the defence. Captain Isvmey, of the same service, stated, that he bad a vessel of ROO tons strike in nearly the same spot, in Table Bay, as the Apollo, about eight o'clock in the morning, in the month of alas, in coneequenee of the haze. Mr. SCARLET, offered evidence of the general skill of the de ' fend... t. ... _ 1 he ATTORNVT.OZNER•L said he had not impeached it. The I.onu Came .ItYsTrcE observed. that a man of the greateu ability might be guilty of an act of growl negligence. elr. St:Anti:TT then said, the defendant's case teas dosed. The ArTostary-GrxERAL replied. He complained that the moat followed by his Learned Friend (Mr. Scarlett) had been nmedingly unfair to the plaintiff. He had abstained from cinss-ex amstning the plaintiff"s wstnesses as to the haze, and had thereby deprived the plaintiff's counsel of all opportunity of chewing the groundlessness of that fiction on which the defence depended. As far as evidence had been given, it was proved by the respectable wimesans foe the plaintiff. that the land was sr plainly sten by them, that they had antitipated the event which had unfortunately followed. It was manifest, however, by the chart, ttiat the evi dence for the defence could opt be correct is to the circumstanme under which the vessel stew* The Itneases for the *fence were parties interested In the magt of the action, and their testimony could not weigh against the clear and certain farts of thetase. The Loan Cniry JCIT let then addressed the Jury. He said it wasa question for them to decide, how far, on the de fendant's own shewing, the Captain was justified. on a mast where it was common for mint, to dme, to leave the deck with all hands on it, for the purpose of consulting the ChM in his cabin, the chief officer or first mate being at tba same time asleep below I If they felt that it was necessary he should read the evidence through, he would, notwithstanding the lateness of the hour, r.:capitubue it : but if, in their opinion, the defence was untenable, would not be necessary for him to trouble - them with it. The Jury, hating consulted a few minute., mid they were ;a and found n verdict for the plaintiff —lkitudges 1201. The trial larded till half-past nine o'clock. The plaintiff". ease was conducted by Cie Attonuty.fleneral, M►. literary, and Mr. Jardine; the defenLe by Mr. Scarlet, Mr. Adam, and Mr. Parke. COURT OF COMMON PLUAS, .I•E3TMINSTER, WtDNESDAY, JAW. J. The Coact was occupied the whole of the day i❑ hearing argu ments on special cases, of no public interest. SHERIFF'S couhT, WEDNESDAY, J. HAGUE AND TOPIIAX r. J. AND T. )IMTEIMAX. This Wa% an inquiry for the Jury to swim the damages in an action against the (lamas:us, one of whom is the inventor of a patent rotatory Meant engine, which is now L4110(10(1 at Newcastle in the coal mines. Mr. ADOLPI I I . II stated that the action was bet:Light to recover I WI. Ills. id. for goods, work, and lattour capended, in outlaw the pater.t engine now in question, and «bleb was calculated for grind. hag corn tor malt. emptying coal :Moat, and, in fAct, any, excreta° that required an unusual degree of power. Though the construe. lion way devised by Mr. Tboinaa 2lnstennan, the greater part of the work was ezetatted by the engineers, who are the *balk and who hare set the dunce ui their biU aa reasonable as paraible, which he should be able to prove by wit even. Tha b IsA is the lira: instance. was 22.11. Ik. lid., but Mr. Ado/phom agualttari the receipt of $l. and other property ? which sutiliced the WWl= to if d. lOa M., tie cum whl4n ilia went now chu.nsed. Mr. J. Junes Jrpnaed that the teak, as charged in the regularly done; that the utensils misi.in it were of a very cast; that it enixequeettiv would take a arm a considerable lima longer in the making ; and that lie wrote a letter to the defendants, before the work was done, apprising them of the great &dimity, and stating the price that would be put upon the metal used, to which they inwie no objection. Me. Galloway , s kinner-suet, Snow-bill, engineer, deposed he had examined the bill very minutely and considered the charges very reasotable for a twelve-foot whee l; but he had ascertained, since 1:c entered the Court, that they were foe a twentyseight f9ot wheel. lie therefore left the Jury to judge what his opinion was or the reasonableness of the rislnuir's claim.—Mr. Galloway then minutely detailed the manner in which the non's tune was checked, even to a quart( r of an hour. Mr. LEE rose fur the defence. lie observed, after what had fallen from the lips of so respectable s witness as Mr. ISalloway he felt great difficulty in addressing the Jury fur mitigation of 'da mages : he would, however, observe, that he was instructed to mention, that a wheel charged in the account at six guineas, was borrowed, and not sold ; and that witnesses would be called, who would state that the items were charged exorbitantly. lle had no doubt his Learned Friend, 11r. Adolphus, recollected a raw which came before Lord Kenyon, wherein his Lordship observed, upon the action being brought by a commissioned auctioneer, that it was not what people of the same profession said upon it, or what they should charge ; but it was what would be considered reasonable. Mr. A not. ell ITS-1 do recollect it, indeed, and revere with ad. miration the most noble and eloquent speech which Mr. Erskine made on that occasion. . :tie. John Barnes, civil engineer, considered the charges exces sive ; hut had not seen the workmanship. or the nature of the screws and bolts used, and consequently could not say what it ought to be. Mr. enot.pucs replied. The SHERI'''. addressed the Jury, who pre a verdict fur the plaintiff to the full amount. SHERIFF'S A:KY-SURREY. WILLIAM HOLCOMEE, FM V. THE GLOM MINIM CANAL COMPANY. This case has for some weeks past excited an extraordinary in. terest in the tounty of Surrey. Mr. Holcombe, the plaintill; ciatintd damages from the (hand Surrey Canal Company, on ac count a the injury his lands, tlueugh which the Survey Canal runt, had received trout inundations. A Jury was summoned t: s h e ! Sheriff to decide on this claim, which met at the Sessions Horsemonger.lane, Newington. on Tuesday, the 20th instant. A number of proprietors of lands in the vicinity of the Canal were anxiously waiting the issue, so that if the plaintiff had Obtained a verdict in his favour, many otherclaiins would have been probsbly made ; but after hearing a great deal of evidence on both sides, which was distinctly recapitulated, and ab"v commented upon by the Assessor the Jury retired, and, after three hours' deliberation, returned a verdict for the defendants. The investigation did nut close till a late hour on Monday the 213th. POLICE. BOW-STREET. Mr. COMIETT AND THE kr.iiiilC:TON lon. day Mr. Cobbett waited ulinn Sir R. lit nNIE, and applied foe • summons, or some other p:ricess, to procure the attendance of Mr. Rattye, the Clerk to the Trustees of the linsington-roads, to answer for an infringement of the Act of Parliament by which that and other Trusts were governed. This Act ordered that the Clerk of the Trust should furnish an annual account of the receipts and die. bursements to the Clerk cf the Peace for the county, in whose office such accounts were to be preserved, and open to the inspection of any person who chose to pay s*. for perusal ; and any man might, if be felt inclined, make extracts, if he paid sixpence for every seventy-two words copied. He (Mr. C.) felt inclined to inspect these accounts ; but on applying at the office of the Clerk of the Peace, he found that no accounts had been furnished, although nearly twelve months had elapsed since the proper time for making' the lost return. lie was prepared to prove this • but he was free to'. confers, that he had mine (hobo as to whetherihe Magistrate had jurisdiction in the aim. One clause of the Act made the neglect with which he charged the slerk pinishable in the penalty of NIL ' • but, in another Clause, it was enacted that all pens:hies above 901. under this statute must be recosi.rml by action. Sir R. 1111lXIE expresses! himself (fouls:rid upon the subject but said he would send for Mr. Bauve. and if he told him lie had no jurisdiction, and therefore objeited to any proceeding before a Magistrate, Mr. Cobbat would only be left to pursue another course. Mr. Bettye attended yesterday, but before the case was gone int*, Sir R. 818 x ts: said he had again read the Act of Parliament and considered the master maturely, and he was convinced that he had no jurisdiction over the present complaint. Mr. Bettye, the Clerk of the Trust, rose and said, that the time had net yet arrival when he was bound to furnish the amounts spoken of : when it did arrive every item would be fumiished ac. cording to tea Act. Mr. B. was proceeding with acme warmth to defend himself, when he was checked by Mr. Sketchlcy, the Ma gistrate, who is Chairmen and Trrtsurer of the Trust, and advised' not to say more at present. Mr. lobbet. said he came here to seek far the penalty, but if the klagintnue had no jurisdiction he mast of course apply elsewhere. It was however of great importance that the public should know what was done with the vast sums of money which were col lected on the Trusstt,, and that was only to be knows by the accounts which he demattdsi. " This Treasurer" (said Mr. pointing t', Mr.filemekday) "has constantly large mums of money in his hands, and be is momewer Chairman if the Trustees, and, of course, has the auditing of his own accounts. There is wrong somewhere, and I shall And it oat. I shall adopt the other course pointed out by Act of Parliament, and proceed by action." Mr. Sketehley—That will be the better way, Mr. Cobbett. Here the conversation ended. FELONY AND ATTI.MPT AT Sricinr.--laastr links, a youth of seventeen, was le-ought up, charged with stealing a few trifling articles, the property of s(r. Lovegrove, of the Percy coffee house, Radtbone-place. The priroer, it appeared, lived at the Perry about six months ago aa waiter, and daring his stay there, a great many articles. such as glum, knives mid forks, &c. were missed. it [thin these few days Mr. Lo►egrove received private information which induced him to take an officer with him to the prisoner's lodging, w:sere some knives and forks were found, which were owned by the pro secutor. While the °fliesr was making a further search, the pri soner west to the opposite end of the room, and mixing some oxalic acid in water, drank it off, =claiming, when he had done so, " Now do ►air worst; I have defeated your purpose." The officer imme diately took him to Bartholomew's Hospital, where he was with 'difficulty compelled to swallow a powerful emetic, and the deadly poison was brought front the stomach. While at the bar the prisoner seemed gloomy and indiffertat as to what became of him. He looked ill, and his clothes were burnt is several plat= by the poison. Ile was fully committed to Scwgate for trial, and the gaoler was desired to intimate to Mr. ‘Vontner that he ought to be watched. ANOTHER ATTEMPT AT SVICIDE.—A well-dressed and in telligent-Ltoking lad, not more than twelve years of age, was brought up by a watchman of St. Clement's parish, who stated, that while going his rounds late on Tuesday night, he found the boy asleep upon the step of a door. Ile gave a very confused ac count of himself, and the watchman therefore took him to the watelthouse. . . . . --..... ..... When questioned by the Magistrate, he said he wai the son of Mr. Uwe:de, a smith at Brampton, in Kent, and admitted that he had run away from his friends, but refused to state the cause of his doing so. Sir H. Iltaxtr ordered him to be rut in the lock-up room until the alien% Of St. ('le Tent's cou:d Se sent for. and receive inset-ate .lions to take care or him for a day or two. He there confessed to Fort, the gaoler, that be was 'tent by his father to collect site money, and had run away with it to I,ondon, acampanied by two or three other lade. Ile had been wandering about and had spent all his money. He added, that he should cut his throat, for he never would see his father. Ford, upon hearing this, searched him and took from him a knife and other things, and left him in the open yard within the lock-up plate. In a short time he had neva. mon to return to the place with another prisoner, when he found the infatuated boy suspended by his neck from a lamp iron to which he had tied himself with a black handkerchief. Ile had but that moment thrown himself from a block upon which he had mounted, but his senses were nearly gone. :le was scion restored. and he then said that his name was Jason Webb, and that his father lived at No. 5, Bar t 4e-yard, lincldsealiery. What he had said before about erobeesling his friss% plow was, lie said, perfectly true, and he never would live to see him. Sir R. Bum,: sett a message to Barge-yard, and meanwhile i the boy was sent to St. Clements workhouse, with orders that be i should be strictly mittked. In our Paper of Tuesday we mentioned the arse of Mrs. Colville, a lady who had been reduced from a state of a'duence to extreme poverty, and who was 13, - Juglit from a watchhoii‘e and sent to St. Alertin's workhouse. Yesterday Alr.Veal, a linenalraper at Mini. ton, tolled upon Sir R. Wyllie, confirmed the whole of Mrs. C. s story from his own knowledge, and left V. kw ter use. Mown:Lt.'s At 111 St.—The silly dispute Mau...this imam nient is not yet settled, it seems. Mr. Springfield, the solicitor to the assignees under John Thurtell'„ii bankruptcy. yesterday made a funnel demand for its delivery, stating, that in the event of a refusal, he was Inakeisted to taint an action for the recovery of it. Sir R. Rim wig said he considered the gun virtually m the ems. tudy of the Sheriff of Hertford. it bang the property of a eapi!al convict, and con.innently forfeited to the King. Ile should give no order respecting it. HATTON-GARDEN._ Yeaterdny an elderly woman, whose ct•..aciated appearance and cadaverous countenance indicated that her dissolution was rapidly approaching, was brought ap. sorported hr two females, charged wall violently am,aultiag a stout-looking middle-aged man, who resides in the same house with her. The onmplainant stated, that he had been a long time &clot mmed to be “insaulted" by this woman and her " confar tiers," but that on Tnesday they " molted" him in such a manner, that he was obliged to tl yto his %Worship for proscrvatior. lie then proceeded more detinittly to state his g7:crances. Ile csplaitied, that on Tuesday aftrrnoon in pa*Lg down spire, one plate was hurled down upon his head , while enciber was thrown ttillti below, which struck him on the chin. Yintling thtNe luin , ,iles were Ilyitig from all directions, he rim ir.to the street, am! More a two-pound stone (which be produced) was dropped fmin a two-story window, which burst through his let ; and if it had no; been for his well combined lochs, which seircil as a the z-un.r de it ccr.ainly would have brained him. The defendant pleaded gullty, conceiving the had ample grounds of justithortion. •• Plante your Worship." said she, •• You way perceive tl-pt I have not loag to live, and I consider that man as du chief rouse of it. Ile sleeps oat room to nie, sad lie coughs, ell might lite a horse; last night the brute coughed to such a de poi that he shook the very bed under me, and on Tuesday, es he vas goiris out be aggraratati me no that I did not think Pd live till he retritcd, so I just dropped the stone upon his bead (for, Lord help ;as ould not throw it). bat I mesot no etisrai.l, f t , I called out to the meant to kip Mai riZ pa.s‘e lON." neers to stud out of the way, as f (ndi -- The Magistrate Congratulated her on the besignati spirit with which she vraa about .to depart this world : he at the some thee a, mired her that should she give ouch anodicr proof of bag a t ' , tic , : all mankind, it should not pass unrewarded iu this world. 3IA 1,001101:011-STH -- SUE I.T 0 N PUGILIST Miff, fu WtrE—These ?m ot , were ycotertisy brought betbre Mr. CONANT, cnargril with gr o w,. assaulting a man or the name of Fenton, a potaw-aalestn an , of Broad-street,(iilrea. _ From Festion's statement it appeared, that a few nlghb had h e went into Shelton's house, called the Ilole.in-the.v j e ner , tar e , street, Lincoln's Inn.lields, and asked for a pint of beer. sh e h ee came in, and rudely said to him, .6 Yon hare no business in me parlour with that apron on," and desk: 1 him to go into tie tap. room, which he refused to do, on whkh Shelton collared him and I forced hint out; bis wife also struck him with a leather strap which she had in her list& She appeared, he said, to be as good pugilist as her husband, and between them kith he had a narrow escape from beingstfaugled.... nlieltun, in hitrdefenc - d, said it was not tbe cunont of his holm to admit penman with aprons on diem, such as Fenton wove,. 1 . 0 , into his parlour ;but, betide this, he said, a gentlolll.lol 1010 the habit of frequenting his house cane in while Fenton wan then; and is conyernation with hint (tlielton), a,ked him if he lt . .ew any further particulars of the Late light between Langan and spring? Ile replied he did not ;oo which Fenton said, ".1.)--at yo u , y oa do, if you wish to mention them." This, he said, was w h at i n . dual him to pothiro out of the Tom. Ws wife itc . nicd having struck Feutou ; but a aitnaa which the latter produced proved that the had. They were °Werra to find bail for the aqtatilt. ImARI.-I,.t.noNNI: Yesterday a raft of vary considerable importance, as regard s t h e eight of police-edge:vs to give up money found in their searrit otspicintis persons, to the pruttecatorsclatruing it, was itivesttgatA by the Magistrat ,ts at this oifiec. At the last Old Bailey Sessions a woman, named Goifikr, was canvicted and sentenced to seven years' transportation, for robbing the wife of a matter chimney-sweep. named Donlan, of nearly 101, in notes and sovereigns. Willans the officer was employed, in the first stage of the proceedings, to trace out the thief; and heapr e . herded the woman tiolliher, and found in a boa. In the room Dian old couple named Lovett, a sum of money, in Alva, amounting to 331.; of course this ntmley could not be sworn Ito, but, as the man Lovett had cohabited wire the prisoner, and the sum was vary near the amount stolen, it was strong pretutnptive evidence that it coin. posed part of the stolen aunt ; consequently the °Meer kept it in his possession, and omitted to ask the Court, after the trial, as to its disposal. In a very short time the Sheriff made his demand for the money, it being supposed to be the property of a convicted Wong and also Mr. lfanner, on the part of Donlan, served Wilfluts with a notice, calling on him to give up the money. The Aker, be tween these demands, was hesitating how to act, when Mm, Lovett came to the office, sad claimed the motley as hers. le'illans, be tween these conflicting demands, referrsd the business to the M. gistrates, expressing his tletetniination to abide by their decision. 3lrs. Lovett satd, she had been colLeting the money for several veers, and hid deposited it in ender that it might support her in the decline of life. Mr. Raw Lir:sow—Pray did you always put only silver up? .3lrs. Lovett-0 dear! no. Sotortimes I had one-pound notes; and on their being cried down I changed them. The money taken is mine, and is the produce of my Indust ry . An old gentlemma stepped fireweed, and said he had known Mrs. L ovett for forty years, and bore testimony to the COlTtlane n of her cantina and character during that period. Mrs. Lovett, in answer to a question, said abe had the nutoey unknown to her husband. Mr. Rawl.' sisox *aid the case involved a point which might lead to much litigation; and al:hough. from what he had heard and seen of the old woman, the conviction on his ailed was that the money belonged to her, and it st-ented hard that she should lose it, still he was of opinion the officer was out bound to give it up if he did not receive ..n indemnity. Winans said he wished to arrange all right, but he hoped he might be protected against actions. Donlan, the other claimant. protested against the money given up to Mrs. Lovett, and said she and ha hothead we r e leagued with the woman who was transported. lie had no doubt the money was his: it was very easy to get saver for the sore. reigns. due. ; and he should proceed to recover it He was in. formed the officer should have paid the money into the hands of the isloriff. Mr. RAVILINTSON, after consulti7g with his colleague, 31r. Griffith,, said it was onfair to eamaepossione on the character of Mrs. Lovett ; and as the question was really ao itnportant and cri tical, he would sovrest, that if Meta. Lovett would give as indem nity and get security, the money should be given up to her, as he really believed her to be the right owner. The old gentleman said he had no objection to be one of the securities. Donlan requested time to have Mr. Harmer, his solicitor, in at tendance. After some other conversation, it was deckled that the mosey should be given up to Mrs. Lovett, if the ofEom received in in thannity. THAMES OFFICE. Yesterday Sommel Mini, a carpenter of II °Mulch, was to this office before W. Swar-swetsn, Esq. to acco u nt rt . poroession of a quantity of ship timber. John Gillman. ono of the surveyors of this establishment, amok by virtue of a warrant he searched the dotendant's premises, and found concealed under some other nomtt the ship tinzhcr now pm dueed. The witness was informal by the defendant heirall picked it up in his way home from the new works now erecting GOT mint at Woolwich.; the witnem not being sorislied with state meot, &cited the property and took the defendant into tweedy. sod observed he had recently been liberated front prison fee a snarler offimee. The defendant gave no other account than that which the officer had 'laud. The Magistrate observed the statement was by NI means satis factory, and convicted the prisoner in the penalty of forty 'Whop, and io default to go to prison for one month, and to be kept to hard labour. wuname Rohbrign and James Crab were (-Articled in the pe nalty of forty shillings each, for having in their possession a quan tity of coal they could not natisfau.orby account for, and in default to go to prison for one mouth. SPORTING lATELLIGENc'E. RPVTI~Q. The Drighton subseription e harEiem threw off on Mon day to a tolerable fieldof sportamen, at Patcham. The Earl of Derby's stag hounds meet to-morrow, at Wood manstone. BOXERS. A match was made at Molesey on Thursday, for Langan to fight Josh Hudson for InOl. a.side. Many parsons backed the Irishman at even bets. Barney Aaron, the Jew, is matched to fight Dick Ayres for HOI. Barney fun a stymy opinion in favour of himself, but the other outweighs him. We are requested by the friends of Cribb to say, that the state ment in Reynolds's letter of Cribb having struck longed, is utterly untrue—Cribb being incapable of so unfair and unmanly an action. " ir , (adds our correspondent)," it be true that Reynolds hit Cribb, we can only HIV, he took advantage of his situation, ss we are convinced he would not dare Jo so any where else." ATTEMPT AT 11.01111ERY AT MR. KEAN's.—Early on Tuesday morning, during the absence of sir. Kean, the rage dim, from his house in fluxes-street, Piccadilly, a fellow mode a most daring attempt to enter his house. One of the set-rants, who slept near the pantry while in bed at about two o'clock. per ceived a man At the window contriving to open it; but on being observed, the servant immediately rose and made an alaer the front door, which disturbed the thief, and he made a precipitate retreat and escaped. lie entered throweli au old building g the back of Mr. Kean's have ; by which means he gained easy access down the back area at the house. CORD £XCII4NCE, Jir. 23. We have had middTng Applies of all Grain fresh up since 310n day. Although there was not an extensive business done In any muscle today. yet what sales were made of even description or Grain were at prices the sum dearer than on Monday. JA). 28. Price. - 3.50 841 to lite Oil, - 3lis lid to 4le tiil. - -4 Od to —s Od. 'OAI. tI.IR K Shi at Market 70 Newcaxtle t 2. ,Suntlerland . Cul= . - i Ships sold. lf. - 0 . BIRTH. On the 7t Inst. at the Brithh },Nvors Palace, at Florence, the Right Hon. Lally Burgherah, of a son. • AIAIiRIED. At Mary-la-boeuse *arch, by the Ilan. and Very Rey. the fkr. - 1 of Windsor, the Rey. Henry Very". rector of Asnenden, It r • '. and of Morton, Emma, son of w 'Wni. Weller Pepys, . Maria, daughter of the Right lion. John Sullivan. On Monday, at St. Pancras, S. Plumbs, Esq. surgeon, ef • sellastreet, to Miss Emma Lloyd, of (laptop. Oa Monday, at St. Pancras new church. Mr. T. Stanynoug'lt, of Allocningtoo-place, to Miss Collins. of Richmond-green. On Saturday, at St..lititio's church, John Waite, Esq. of Ola Burlington-weer, to Ilarriott Elizsbeth, only child of the late M. Anthony, Esq. of Shipron-houw, Berks. On the 2. 1 d inst. at ()stet], Lieut.-Col. Fareis Wm. Dellis. On the :Nth, at thislchurst, W. %Vestall, Esq. agal 114, f.wrnaly of iiittli-street, Southwark. ;he 2:lih lust. Stephen Smith Nrard, Esq. of Plaistow, Essr, in his "iad year. On Friday, the 23d inst. at l'ark House. Ilnrey-Tray, Drees, ' after a lingering aid 66, George Hunt ]Tapp. Esq., bat' ris:er at law. and a henclier of the Hon. middle Temple Society. 0.. the .211th hist. in Percy-street, James Ilervey, 11. D. Yells: of the 11nya1 talblte of Physicians. Early en Monday morning. the 24th bat. at Bromley, Charlotte. daughter at the late Henry Holland, Esq. of Sloane-pipet. On Thursday, the 27th inst. at the :surrey Dispensary, South' wark, at the early age of '2B, Mr. Benjamin hluggctt, late *fob , ' cry to the Institution. A TIIINIX Si °ruing, ;A min, after 12. I Afttroocan, LJ una.4otir 1. Printed at THE BRITISH tIIF.SS Office. by J. W. 0013." 31 . 1 Ul, Strand; and Published by S. CANNON, awn pl' ~;A is ' I