The Sun. — London, England, 1829-08-06 00:00:00

be so called, may be . conferred. It is a privilege which, though it raises the character of the whole class, will be actually exercised by comparatively very few ; that exercise, too, will be occasional, and dependent on accident. It is a boon that bestows no power • it merely removes an ttiverml. brand of falsehood. . I am not insensible to the objection arising from the chances of perjury ; but those are chances which accompany all trial by the testimony of wit nesses, and interests as near, and prejudices as strong, as any which can be supposed to influence the slave, either on behalf of his master or against him, have always existed in every soviet,,, without being found to endanger the general probabilities of truth. The evidence of the add is admitted in the cause of the parent, anti the prosecutor is often the only wittics in the trial of a quarrelsome neighbour by whom he has been assaulted. Not are the pecu liarities of West Indian society to be urged as a ground of exception from this general argument ; on the contrary, they add reasons why the principle may be applied with especial safety. The Courts, the Judges, and the Juries, are of a different class and colour from the proposed witnesses; acquainted for the most part with the habit and tendencies of the slave ; accustomed to measure his understand ing, his moral sense, and the accuracy of his per ceptions; and protected by all these advantages against the danger of any undue influence or im;• pression from his testimony. The proposed Altera , lion gots only to make that testimony admissible, not to make it conclusive. The law, when this change shall have been introduced, will only have rendered the witness competent ; it will still have left to the particular tribunal to determine whether he be credible. Pedury, to be mischievous, rust be consistent in all the circumstances of its fiction ; and the lower the rate of the intellect employed in the contrivance, the less is that consistency to be appre hended, It will hardly be maintained, that the ne groes, such as are found in the West Indian com munities, are of so ingenious a turn of mind, so adroit in the fabrication of falsehood, and so fertile in resources for repairing it under the pressure of a public examination, as to baffle the search of truth more effectually than the practitioners of fraud in the great societies of Europe." Sir George has here shown himself well ac quainted with the subject of evidence ; and it is gratifying to perceive how steadily he has kept the true principles in his eye, without allowing himself to deviate from them in the manner usual with Judges and Barristers. He objects to the exclusion of evidence on any account ; and contends, that the credibility of the evidence is what alone ought to be determined. He places the security where it can alone be placed-- in the consistency of truth, and not in any arbi trary test, How often have we seen Judges in this country excluding altogether testimony, in cases it could not be dispensed with, because, forsooth, the young person had not been taught to say prayers at night, or could not stand an examination in the Catechism. Mr. .Justice Park, one of our best Criminal .Judges, has often taken it upon him to reject evidence upon the g round of the presumed mor a l imperf e ction of the witness from lack of instruction. Sir George Murray's good sense has been of more service to him than the legal law has been to the Judge ; and as truth must be consis tent, he very properly infers that the lower the intellect the less consistency is to be appre hended. Whenever we depart from the plain principle laid down by Sir George, we involve ourselves in contradictions. He who will perjure himself will of course also take all tests ; and the refusal to declare a belief in what may be deemed necessary to give admission to the evidence, thereby evinces a love of truth, while the decla ration of belief evinces nothing. When it was proposed in the House of Commons that a cer tificate of previous attendance at church shall be deemed necessary to qualify a slave to give evidence, Sir George opposed this restriction in a manly manner, as calculated to encourage hypocrisy. We will undetqake to say, that so • much good sense on the subject of evidence, as is conveyed in the above quotation, is not to be found in the whole of the works of our profes sional lawyers. We cannot resist another quo tation from the same letter, indicative of the good sense and liberality of the writer That any change in the habits and constitution of any part of the community, may in some in stances be resisted, or very reluctantly admitted, his Majesty's Government are, of course, prepared to expect; but they trust that as these discussion= become more familiar, the Colonists will perceive, what indeed it is very material that you should take every convenient opportunity of impressing upon them in your private communications, that their own interests are very deeply involved in the pro posed improvements. Upon a considerate view of the (general progress which free institutions are nzak ing throughout the world, it must be clearly per ceived that the present condition of society in the West Indies is one which can scarcely be expected to endure much longer without material modifica tions. It seemed, therefore, to be the dictate of pru dence, as it is also thedesire and the expectation of the British people very generally and very strongly ex pressed, that such relaxations as can be granted con sistently with the acknowledged rights of property, should not be withheld. In portions of the Empire isolated as our West Indian Colonies are, where the few inhabitants' form but a small proportion of the population, the minority may find themselves, at no distant period, in a very precarious position, unless their voluntary endeavours to comply with the just expectations of the mother country, with regard to the improvement of the condition of the slaves, shall have founded for them such a claim to her ap probation and support, as would incline her in any season of difficulty to furnish a prompt and effectual assistance." _ _ While an English Minister is thus holding out the progress of free institutions and free opinions throughout the world as an argument for improvement, the Liberals of Paris deem it enough that the English Government propose any measure, to oppose it as necessarily of evil tendency.—/bid \ It will be seen from our paper of this day, that the informers sustained a signal defeat yesterdayo at Hatton-garden. The informations were all very properly dismissed ; and it will be seen that one of the Magistrates declared that there was no law which bound Licensed Victuallers to shut their houses at particular hours, and that infor mations ought to be laid, not on the ground of keeping houses open beyond a particular hour, but on that of keeping disorderly houses. Such assuredly was the intention of the author of the new Licensing Act ; but such assuredly has not been the spirit in , Ahich it has been interpreted. On the contrary, there have been many con victions, not for keeping disorderly houses, but for keeping houses open after a cer tain hour of the night, although the Licens ing Act lays down no particular rule on the subject, but leaves every one to consult his own interest whether he shall, or shall not, keep his house open beyond a particular hour ; and the Licensed Victualler would indeed be guilty of egregious folly who should square his con duct by the law, and trust to it for his defence against any informations which might be brought against him. One Magistrate interprets the law after one fashion, and another after another fashion ; and his chance between the two is but small indeed. We trust, However, that the• re peated contradictory decisions on this subject will speedily lead to some general understanding of what the law really is with respect to late hours, and that Licensed Victuallers will know, beyond doubt, when they are, or are not, amenable to it—when they have, or have not, transgressed it.—Morning Advertiser. LAW INTELLIGENCE. VICE-CHANCELLOR'S COURT, Auc. 5. LYNCH V. CROSTHWAITE. The facts of this case Were shurdy these defendant applied to the plaintiff for a loan of Money, as a security for which he offered to execute rndrt gage of the. interest he had in certain property at Prittn. The plaintiff advanced the money, and took a mortgage on the property, bearing interest from the day of the payment of the money; but thb plaintiff took a farther security for the loan, which amounted to 1,700/., by drawing two bills of 8501. each upon the defendant, which the defendant ac cepted, and whiCh Were then dist2oUnted by the plain tiff, who paid to the defendant 1,637/. instead of the full sum of 1,7004, deducting the difference (63/0 for stamps and discount. The defendant became bankrupt, and the proof of the plaintiff's debt, under the mortgage-deed, ai,rainst the estate of the derendan t, was rejected by the CoMMissioners on the ground that the tranaction was usurious. The assignees of the bankrupt applied to the Court for an order on the plaintiff to deliver uPt he mortgage-deed, that it might be cancelled; and upon this application the plaintiff filed a cross-bill, praying that he might he allowed to prove for the amount of the bills accepted by the bankrupt. In this state the case came before the Court; The VICE-CHANCELLOR, after going at length through all the patpa"ts of the case, saw no reason to doubt that the allegation respecting the mistake of the attorney in preparing the mortgage-deed was correct. With respect to the bills, it certainly did appear to have been very like an usurious transaction; but, as in the affidavits it was stated that the trans. action was common among merchants, he felt it his duty not to decide without the opinion of a jury on this point. He should therefore direct an issue to try whether, at the time of the bankruptcy, the debt of the plaintiff was a proveable debt. STORMS IN FRANCE. It is unhappily too true, that the hurricanes and continual rains have, since the first fortnight of the present month, ravaged a great part of France. Such was the violence of these hurri canes at Beziers, that at some distance from the town walls of two feet and a half in thickness were overthrown, though they were fastened to gether by beams strengthened with iron. The same phenomenon has produced disastrous effects also at Lyons, Geneva, and the Chaux de Fonds, in the straights of the Jura. The night of the Bth and 9th of July was disastrous for the greater part of Switzerland, and the wind was the most Violent ever known in that country. Letters from Limoges .say, that the Bth of July was a day fatal to the agriculture of that department. Towards the twilight, a cloud of hail, blown by an impetuous wind, and mixed with torrents of rain, ravaged fifteen communes. Every where under the course of this devastating meteor, the crops of every sort were destroyed. The grass, ready to be mowed, was buried under the soil ; the corn and hemp cut down to the ground, the trees stripped of their branches, the roofs of houses beaten down, and the windows broken. The hailstones were of an uncommon size ; some persons who could not find shelter were wounded by them, and animals left in the open fields perished under their blows. Another violent storm took place on the night of the 15th and 16th of July, in the departments of the Aube and the Meuse, and the other de partments in the vicinity of Belgium. A letter from Arcis thus describes it :—" On the 15th instant, at ten o'clock at night, a dreadful storm fell on our town and its neighbourhood. Wind, rain, thunder, and hail, seemed to be struggling with each other to complete the ruin of our agriculturists. The hailstones were uncommonly large, bearing generally the size and shape of eggs, with rough points on them. A few mo ments destroyed the hope of a fine and abundant harvest. In eight communes there is now nei ther grain nor straw, nor forage of any kind ; in a word, no kind of crop. Desolation is at its height ; even the trees bear traces of this fright ful tempest ; many are stripped of their foliage, the branches broken off, and barked ; even the birds and the game have been killed by the hail." Another letter adds, that for fifty years nobody has witnessed so terrible a hurricane. Heaved was on fire, and the thunder was breaking the clouds, peal after peal. The windows and slates of almost all the houses were damaged. Many roofs were carried away, but what is still more deplorable and distressing, is the total destruc tion of the harvest in eight or ten communes. During the night of the 15th and 16th instant, a violent storm, coming from the north-west, burst over Bar-sur-Aube. For some hours a continual thunder was heard ; the horizon was on fire and a torrent of rain mixed with hail was falling. The neighbouring communes suffered severely from this storm ; the vines in five or six of them were torn to pieces by the hail, the hemp destroyed, and the corn scattered. At one farm every window was broken ; there can be at present no estimate of the damage ; and this disaster is the more lamentable as the district had already suffered greatly from the complete stag nation in the wine trade; this is a misfortune the more to increase its wretchedness. The commune of Viviers, situated in a very narrow valley, has been almost desolated by the torrents that rolled down from the neighbouring hills. One house was washed away by the waters and fell on an unfortunate woman, whose dread of the thunder had kept her at home. At Erry more than three leagues of land have been ren dered waste, and present now only the dreary ap pearance of desolation. The river Armance, which overflowed the plain, swept away all the hay which had been cut the evening before. The storm spread itself towards Sens, where we may presume it has caused great havoc. On the same night, the storm burst on the town of Bar-sur-Seine and its neighbourhood. From half-past nine till half-past twelve at mid night the heavens, apparently on fire, presented an extraordinary spectacle ; flashes of lightning furrowed the atmosphere without intermission, and claps of thunder roared without ceasing. The hail that fell did little harm, but in some communes the hemp was cut away and the corn has suffered. The wind was very powerful ; some enormous walnut trees were torn up by the roots. At two o'clock in the morning the storm recommenced ; torrents of rain descended, and the plain . from St. Dezier to Chancenay was covered with water. It is reported that the storm was more violent still on the side of Trois Fontanes. It visited the village of Neuveglize, in Belgium, on the 14th, between five and six o'clock in the evening. All the crops were spoiled by the hailstones, many of which weighed I three ounces ; a considerable number of windows I were broken ; roofs and entire buildings were carried away by the force of the wind, and it is reckoned that three hundred trees have been rooted up in this single commune. SUMMER. ASSIZES. WESTERN CIRCUIT.—SALISBURY, A ua. ROWLEY V. JONES. This was an action brought against the defendant, a common carrier, to recover the Value of a trunk; intrusted to him to be conveyed from Salishtiry tti London and thence to Manchester, and which was lost in the course of the journey. A witness moved the. u'irection upon die trunk, and its baying been sent to the tbtferldatit's ofticc; iitl . er the direction of the Learned Judge the Jury found a Verdict for the plaintiff—Damaqes 554 a boy 14 ; ears of tirfe wn> aorged with breaking and entering the dwelling-house of John Batten (no person being therein), and stealing therein a piece of gooseberry pudding. The reading of the e!bige MO, 6;7! prisoner, who was brought into the dock in heavy irons, excited considerable laughter; but we think the fact of such a trumpery case being brought be fore a Court of ASsi4!e; the time of which it dece:pied for several hours, calculated to create a far different feeling in all reasonable minds. Surely the matter might have been disposed of in a different manner. The transaction occurred in the absence of the prosecutor and his rattily from home. lt was a Still , . day, and the lad, who fancied he should like pudding for his Sabbath-meal, introduced his hand into the dairy window and helped himself to a tart: The youthful delinquent was convicted, without its being thought necessary to produce the pudding, prove its identity to the satisfaction of the Jury, or hand it round to be tasted for their still further gratification. Isaac Earle was indicted for having unlawfully and maliciously stabbed and wounded John Foley, with intent to do him some grievous bodily harm; and in another count, with intent to avoid being legally taken into custody; and George Brinkworth and Robert Brink worth were charged with having aided and abetted Isaac Earle. Mr. P. WILLIAMS stated the case for the prose cution, and called the following witnesses : John Foley—l am a constable at Trowbridge, and know the prisoners at the bar. About five o'clock on the evening of the I9th of May, Char lotte Smith came to my house crying, and said she wanted me to go with her, and put siree men, who had assaulted her, into the "blind house." I told her I could not do any thing for her except I had seen the peace broken. The three prisoners then came to my door, at which I was standing. Jane Tilly came up crying, and said to me, " If you don't put these men in the blind house, you will not do your duty." I refused to do so on the same grounds as before, namely, that I had not seen any assault committed. The prisoner Earle made use of very coarse and violent language, and said, " We served them right : we will have their -- heads off."— George Brinkworth then struck Charlotte Smith on the head with his fist. Earle was at the same mo ment about to strike the woman Tilly. lie raised his fist for that purpose. I said, " Now, young men, I'll take you to the blind house." I then took both Earle and Brinkworth by the collar; the former was on my left hand, the latter on my right; and I seized Earle with my left hand, and Brink worth with my right. They both swore they'd be if they would go to the blind house. Earle then struck me with his knife on the right side of my stomach. The button of my small-clothes caught the blow, or the knife must have entered my body, he was so near to me, and the stroke was AO violent. He-repeated his blow, stabbing at me as fast as he could. I then let George Brinkworth go, and seized Earle with my right hand us well as my left. He stood facing me, and struck at me again with the kuife upon the left side. I repeatedly called for assistance ; I asked for my staff. People came round to take the knife from the prisoner Earle, and he struck with it at every body that attempted to do so. We at length got the prisoners Earle and R. Brinkworth to the blind house. Earle repeatedly swore he would murder me. I continued ill for nearly a fortnight. Two other persons, who witnessed the transac tion, corroborated the statements of the prosecutor in every material particular. Chief Justice TINDAL charged the Jury, who found Earle guilty of having wounded the prisoner, with intent to prevent being taken into custody, and Robert Brinkworth guilty of aiding Earle with the same view, and acquitted George Brinkworth. The Learned JUDGE addressed the prisoners, and told them they had been guilty of a heinous offence, for which their lives might have been forfeited. They must prepare to leave the country for life. OXFORD CIRCUIT.—WORCESTER, Auc. 4. Samuel Burton was indicted, charged with having feloniously assaulted and ravished Justitia Hall, at Oldswinford, on the 22d of May last. Justine Hall, the prosecutrix, said, I was 17 years old the 2d of last June. My father is a shoemaker, living at Pcdmore, and I live with him. On the 22d of May last I left home at twelve o'clock to go to Stourbridge. I saw the prisoner at Oldswinford on my way to Stourbridge, at about half-past twelve. I knew he was a married man and that he had three or four children. I returned about one o'clock, and met the prisoner opposite the Talbot ; he said, " Now you must come and have something to drink." I said, " No, thank you, I must make haste home with the meat for my father's dinner." The prisoner then laid hold of my wrist, and said, " - it, come along." I told him if he would loose my wrist I would go with him; we then went to Mr. Collis's liquor-shop, and the prisoner called for a quartern of rum. A little girl brought the liquor; he poured out one glass for himself and another for me ; I wanted some water ; he desired me to drink it neat. I said I could not drink it, and poured some of it back into his glass; altogether I drank a glass and a half. I got up from my seat, and asked what o'clock it was ? He said between one and two. I then wished him a good afternoon, and went off on my way home. When I got to a I gate about a quarter of a mile on my road, the pri soner came up to me. I said to him, " Where are you going this way ?" He made no answer, but came and laid hold of my basket, and said I was not going that way. He got my basket away, and went off over some fields towards Love-lane. I followed him, and called to him to give me my basket. 1 asked him several times for my basket. Love-lane is a narrow lane, about wide enough for a cart to go up, with high banks and hedges. I followed the prisoner up Love-lane, till he canto to a gate, when he stopped. When I got up to him he laid hold of my arm, and threw the basket into the field. It was a barley field ; he then got over the gate, still keeping hold of my arm. He then pulled me over the gate. While he was pulling m , e , over, I called out, " Murder, you rogue, loose me. He then threw me down under the hedge. I had a light-coloured shawl on, and a dark handkerchief. The prisoner then put his knee on my right side, and his hand on my mouth, and I scrat him; he said, " Yon - -, if you are not quiet I will kill you :" he then got his hand round my neck, and dragged me down the field. 1 tried to get up, but could not stand, his ill-treatment and the liquors al rogether overcame me. I sat up on the ground, and the prisoner then pulled my bonnet, shawls, and handkerchief off. I was strangled, that I could not speak. He then pushed me back, and pulled my petticoats over my face, and accomplished his purpose. I fainted away : when I recovered I found the prisoner standing before me. I saw a person of the name of Smith, and called out to him, " You with the white smockfrock, for God's sake come to my assistance." He came and laid hold of me and picked me up off the ground, as I could not get up myself. Smith said, " Sammy, you are a rogue: what have you been doing to this girl all this time?" The prisoner replied, " I have done what I wanted to do; if you want anything to do with her, have it and have done with it, as I shall not leave her." Smith then said to the prisoner, " You had better make it up." The prisoner said, he had got no thing but a sovereign, and lie would go and change it. I told him he had not got a sovereign ; if he I had, he had better take it home to his wife and family. I was no --, and it 9hould be settled in a different way. The prisoner then went away, and I was left with Smith, who toel me to his house, where I saw his mother. I went the same night to make my complaint before the Magistrate: Cross:•ektimined never be; fore - drank N - ita any lean►ep.l lived once with a man of the name of itichardQ, in Stour bridge. I left him because he made a charge against ;ind I can make a charge against him ; he w:,nt ed to b,ehate improper to tne, and so did Nervy ; he is d relatioii of Mr. Richards rio one else eter took improper liberties with me. I peter wnhited arms in-arm, with a. married man: If I wished to have a beau, I Theuld helve thought it no harm; but I think myself too young. I never snood hands with the prisoner or beckoned him. I said no married mail rihould ever have to do with me. I said no married man should get ends of me: I did Sly to the prisoner, when he talked of his sovereign, Let me see your sovereign; you're a liar, - you are you; yorrhave ne'er a sovereign." Benjamin Smith said I lice at Qldswinford, arid on the 22d of May was in Love-iane. I srfw .the prisoner in a barley field, about fifteen yards frond the gate. I saw the girl about four yards from him, sitting with her hair over her face. I saw him kiss the girl, and she rose her hand and struck him. She then called out to me to come and see her righted. I went to her. She pulled towards me, and I held her in my arms, as she appeared sick. She said, " This man has been giving me drink to make file drunk, and he has ruined me for ever." I told her she had better go and lie under the hedge, as the liquor would make her so hot. I asked the prisoner who she was. He told me; and he asked me if I was going to have any thing to do with her. He said he had had what he wanted, and if I wanted any thing with her, to go and have it, as he would not leave her. I said no, I would not for 1001. in the state she then was. I then left him with her, and returned in about an hour. The girl said he ruined her for ever, and she would go and drown herself. She stayed at my house about half an hour.. Cross-examined—When I returned to the field the second time, the girl said " No married man shall have his ends of me." She cursed the prisoner se veral times, and broke into tears. I did not think, when I first saw the prisoner and the giri together, that she was there against her will. If there had been any crying out, 1 must have heard it. John Partridge was, on the 22d of May last, in Love-lane, at three o'clock in the afternoon, and saw the prisoner and hest witness, and a girl, lying on the ground. I heard her say, " I shall be dead—l shall be dead." The prisoner's face ran down with blood. The girl seemed to be very much damaged, and could hardly speak. She seemed to be in a very sad situation, and bent her neck over Smith's shoul der as if she would die. The prisener, on being called on for his defence, said he was innocent of the charge, and had never done such a thing since he was married. Several gentlemen in Court could speak to his character. Mr. WIIATELY then called the following witnesses: William Adams, a stone-mason, was Working at a building near the field in which this transaction was stated to have occurred, and saw the prisoner and Justina Hall corning from Stourbridge, near upon three o'clock. They were coming side by side, laughing and talking together. They went through the gate into the barley-field, and stood at the gate 15 or 20 minutes, talking. I thought there was something going on not right, and 1 said to the pri soner, " Sammy, I'll tell your wife of you." Hannah Moss lives at Stourbridge, and knows Harnborough-hill. I was near there on the 22d of May. I saw the prisoner there with a young woman ; they were shaking hands together. The girl moved on first, and then prisoner stood by the wall. I saw the girl hoik (beckon) her hand to the prisoner; he then ran up to her. Mr. Baron VAUGHAN then summed up the evi dence, and the Jury, after a few moments' consulta tion, returned a verdict of Not Guilty. The prisoner is an elderly man, of rather forbid ing aspect, and seemed considerably alarmed at his situation ; he shed tears several times during the trial. The girl is not ugly, and has good dark eyes, but with a sulky slatternly look. BATE AND ANOTHER V. RUSSELL AND OTHERS. This was an action brought by the plaintiffs, who are bankers, carrying on business wider the firm of the Stourbridge Old Bank, to recover from the de fendants, as sureties for a person of the name of Bennet, formerly a builder at Kidderminster, the balance of an account due from him to them, on the guarantee of the defendant's note of hand. Mr. Baron VAUGHAN shortly recapitulated the facts to the Jury, who almost immediately returned a verdict for the plaintiff—Damages 850/. NORFOLK CIRCUIT.—CAMBRIDGE, Auo 4. FOSTER AND OTIIERS V. NUNN. Mr. KELLY stated the case of the plaintiffs. His clients were the very respectable and opulent bankers in this town, carrying on the banking business under the firm of Ebenezer and Charles Finch Foster. The defendant carried on the united business of a publican, a sheriff's officer, and a horse-dealer. The present action was brought to recover the amount of a hill of exchange drawn by the defendant on one l3rowning, for the sum of 541. 9s. 9d., and endorsed by him to the present plaintiffs, in 1823. Mr Baron GARROW summed up, after hearing evidence at length. The present was nominally an action brought to recover a balance due to Messrs. Fosters, the bankers ; but in reality the question for them to decide was, whether Mr. Geard, who for sixteen long years had been intrusted with the management of the concerns of the hank, was or was not guilty of embezzling the money of those gentle men, his employers ? His learned brother had in dulged in a strain of great pleasantry on the appear ance of Mr. Geard. He had been compared to Solder Johnny. Probably the Jury did not know the meaning of this, or who that character was. When the harvest was well got in, if they found their crops equal to the expense of a journey to town, let them go to Bond -street, where they would see two of the most interesting and perfect figures that had ter been planned by the mind of genius, or cut by the hand of skill and talent from stone. One of them was Souter Johnny. They would easily find the house by the concourse of persons of taste and good sense who would be found entering to visit it at all hours of the day. The Jury found for the plaintiffs for the amount of the bill and interest. GOODMAN V. NEWSHAM. The action was brought to recover a compensa tion in damages for one (or rather two) of most violent and unprovoked assaults. The plaintiff was a fanner, residing at \Visbech, and was a consider able breeder of cattle. On the 21st of April last, he chanced to be at a cattle-sale at :St. Neot's, where also was the defendant. A conversation arose respecting a horse belonging to the plaintiff, and in the result the defendant called the other many opprobrious names,—as a liar, and others showing an equal familiarity with the vulgar tongue, —and then struck the plaintiff three or four Most violent blows on the head, cut his eye, and knocked him down several times. The plaintiff, though thus provoked, struck not in return, but bore the insult with great magnimity, and now appealed to a Jury of his country for an indemnity for the past and security for the future.—Verdict for the plain, tiff, with Is. damages. MIDLAND CIRCUIT.—LINCOLN, Auo. 4. BOUCHERETT, ESQ. V. GREETIIAM. This was an an action upon a warranty of a horse, which has been the subject of no less than three actions, tried at different times at the Assizes for this county. It was compared by Mr. DENMAN to the Trojan horse, in consequence of the celebrity it had acquired by these actions, the Learned Counsel observing that it was , called h ere " th e Li nco l n shire horse.": It had been pur c h ase d b y M r . B ouc h e rett, the defendant, in 1825, for 150 guineas. It was then five years old. Mr. Boucherett hunted it dur ing the season, and then sold it with a warranty for 00 guineas. The gentleman to whom he sold it disediereo it to be unsound, brought his action against Mr. Boucherett, affd rcco4fered back his Money. Mt. Boucherett then brotight en action, itgriiiist Mr. Grcetliam; against WhOm he recut cred a verdict of the tiriith; of the Aoise; and also for the amount of the costs of the ()flier action. A motion was made before the Court of King's Bench tfi set aside that verdict, on the ground that the plaintiff had no right to recover both the price of the horse end the Costs of the other action. The Court gave the plaintiff the option of either taking a verdict for the 90 guineas, the ptke of the horse only, or a new_ trial: The plaintiff chose the hotter alternative. The Jury, without any hesitation, returned a ver dict for the defendant,: William Parker was found guilty of sacrilege.— The prisoner broke into the church of Tankersley, in the West Riding of York, on the 26th of March last, and stole a number of Bibles, Common Prayer Books, and music books. The charge was clearly made out, and the prisoner convicted. John Robinson, John Lightowler, Thomas Riley, and William Philip, were indicted for having, on the 17th of April last, at Wike, in the parish of Birstal, assaulted Joseph Smith, on the King's highway,and stolen from his person a quantity of money, his pro perty. The Learned JUDGE charged the Jury, who found the prisoners Fletcher and Riley Guilty, but ac quitted the other two. tenants so far in their arrears, that they are re' duced to nearly as low a state as the unenr ployed ; and many of them receive a few shilling, of these arrears as thankfully as if the ~tenanl were bestowing a favour. The grocers in ge, o6d ," ?al comi.lain that they are not doing the bustne°l they did i'ormerly ; and those shopkeepers do not deal in the necessaries of life, considt' themselves well if they do as much as clear thgr,l eXpnees. The general expression with pe o r l is business there is, that things cannot. go 011 . : long in this way. at however that may be, W. . think the immediate interference of the con/P'.; tent authorities is necessary; and whether ani thing be done to remove this state of tbinel I not, the working classes are in general ritalgt to a state of misery and debt such as they or'l never likely to recover, and those who have de bt to any considerable amount on their property , P r • steel; in trade, are sure to be reduced to the 50 0 level. , NORTHEIiN CIRCUIT.—YOItki AnC. 3. ibe torhinission of assize for this county Itas opened on Saturday list by Mr. Justice BAYLEY and Mr. Justice LITTLEDAL2. The business is likely to he heavy. The cale7idar contains the iii!,rnes 6'B prisoners—a greater number than is usually . presented iit 4 tin - niter assize. There are 180 causes COAL MA RKET.—Aurf,5. 0 1,1 entered for trial. 13e,urn0nt....,--......,....4 27ts. 3d. I Walls End Newmarch... ej'• A I TUESDAY, AUG 4. j Boundary Moor,-„,....„...-, 24 8 Ditto Hilda il i e;111 , 41 1 ) 1 Main ~,,,,.,..,,,—, r ,..: ( 7 i 9 i3 MT , g0 r t&ur,................. 2 ° a HOLLAND V. HOLLAND. This was an action for goods sold and delivered. lt.ilitrgtvolift ............,.... 28 0 Ditto lliddCn an • 2 0 0 " Mr. Serjeant CROSS stated to the Jury, that the Orel's Iteeilnigli ..........—.. f,:':.l 9 Ditto walker .... ..,.,...•• 1 0 Kenton Wept.....,,:, <.,, !,16 0 Ditto Russells .—....... 50 0 plaintiff and defendant were unfortunately brothers Pc.aw Percy East ..........—..-- 26 3 graham Main„....—..,...... it - 6 and were bath booksellers, residing in York. In 1826, the plaintiff had the misfortune to have an girC; r3 LV i t n ntitor—,,.... 2 g Ktf i d s p n w a le . : o to n n s —,..— Is ; : execution on his premises, under which a great part ' .rantiem —,.. 2B 9 Walls End Stewart's .... 3 3 1 ( i ) 9 ! ) 'l , i l fiLlcl Lea...,.....,,,,,............. 2827 t ( 1 lks r s t as Hetton r oW.E. 03 0 . of his stock in trade had been taken away. The re= .8-------dc0....: :: : 11 . mainder, consisting chiefly of religious books, hail galls End Czar and Co. 25 9 Silkstone Field and CP; 2 i g 6 ' o lt t t c , 0 , ; r pr awn's at,,i t i. )scr.—.., 2' 2 7 7 14 l o ldt t t h d er er i r e y y small„,.... been bought by the defendant. It was to recover , & Black- ~_, 6 i Ditto Craittrington--,... 25 3 boy small ~..«.....» _ _ ___ _ rre.••••••••*ro .., the value of those books that the present action had I Ships at market, 51-Ships sold, WA—Unsold, 1 2 11' been brought. The Jury found a verdict for the pliintiff— Damages la. THE MARKETS. COUNTRY CORN MARKETS DUBING Wheat. Bol e y. Oats. k t Per Quarter. s. to s. a. to s. F3 , to a. V. 48 Abingdon---- 53 82 32 38 gi 32 46 Andover . 58 80 2 9 36 22 20 -- 4 6 Birmingham,..—. 72 82 32 36 24 X bridport 56 '74 :12 39 26 34 j 43 Cirencester 54 '7O 33 36 24 26 stf Faringdon . 54 86 36 40 26 38 - 45 - G.tildford .. 40 74 32 36 24 33 40 5t 83 30 35 20 30 -- Hereford 6l SI 38 45 3 6 40 56 Highworth —. , 62 80 32 42 28 34 51 Maidenhead 65 84 23 33 22 30 45 0., king harn 50 76 30 36 18 32 -- 66 84 32 37 24 34 --- Salisbury 58 78 34 38 24 35 -- Southampton 54 78 37 40 28 32 -- -41 Stroud - ye : Tewkesbury 65 87 40 42 30 38 Uxbridge 43 86 ra 36 23 31 -- if Wanta - e . 50 18 30 37 22 30 56 Warminster 50 80 32 36 24 35 --- 5$ Windsor 56 '76 32 36 30 ""' 4 4 Worcester.— 72 80 36 40 24 82 HULL MARKET.—Aug. The weather since our last has been very cheig i. e .4 ll and a good deal of rain has fallen at intervals, alf:Pr-t0 the general opinion here is that the coming crop in e t? district has not sustained any material injury thus far ; from its present critical situation, should the weather cl, tinue unsettled, the result must he serious. To-daY,„ s o have a fair show of farmers' Wheat, and also a goo d ° P ; f ; of sample s of foreign from granary ; any choice fresh P ceN (of which there are but few here), commanded 8 1 ; $ 1.;. vance of Is. per quarter, but for the general runs sn 4 7 0 , condary qualities no improvement can be noted eithern., value or demand. Oats, either free or under bond, ha tinue in the same dull and inanimate state that sve P. o ' s latterly reported, we do not therefore note any alte roti,, in value. No Barley offering. Beans are sc arce quired for, we do not, however, alter our quota tiw O ' Rapeseed and Linseed firm at last prices.—The d u ty P of last week in this port, was 16s. Rd. on 5216 quarte4 Wheat; 10s. 9d. on 8500 quarters of Oats; and 1 20 - " on 562 quarters of Beans. Wheat, Old —s —s, s New Foreign Oats, I'oland —s. 2os. 245.......01d. ..... 144. Small or Feed —s. 12s. 18s Foreign —s. 225. 245. ..... ... Barley, Norf. & Sot —s 26a. 28a. Line. & Wold 28s. -- J " -- „,g,. • ---- Foreign Beans 31s. 365. 38s. F0reign......... —s. 366- 5P ' 51k Pease, White .-s. 365. 40s. Grey —a. 3 0 s. Tares —s 345. 365. F0reign......... —s. 28 7- k Rapeseed, in bond none. Free, per last TS DURING THE VVEVI IVERPOOL CORN EXCHANGE.-Aug. 4. L. A,11.1,),114 ,4,111 , 4 Yesterday and this morning being wet and stormy,'" ' o w . • a good attendance of town and country millers,w} o ,Le chased fine Wheats to a fair extent, and for such the a u ;di. noted depression was nearly recovered, but for the ° nary qualities there was very little inquiry. Prim e eels of Oats, being scarce, brought the quotations , obi,of day week, but there was no improvement in the t4 ;" 0 secondary descriptions. Grinding Barley was scar cel io much sought alter. There was little business dojo% it , Beans, Pease, or Indian Corn, without anv alterati„n e ts r r value. Good fresh parcels of Flour were scarce. of other articles were unvaried. HAMBURG MARKETS.—JULY 31. ; „d BORSEN HALLE.—The news from England not ' be 7 calculated to raise the spirits of our corn-dealers, the `""; vance on Wheat, which was beginning to take place, arrested on the arrival of the steam-boat, and, no tio .' standing the limited amount of our arrivals, a decid e . d " action has since taken place. Barley, Oats, and D esP7 continue of ready sale; every other species of Grain bell; Of Rapeseed there is none in the market.—Froin,,o' 17th to the 24th instant inclusive, 94 cargoes of f o f passed through the Sound—of these, 37 were botin_ d 4 ;,b British, 27 for Dutch, 4 for French, and 19 for Svo" 40 ( and Norwegian ports ; 1 was bound for Hamburg, 211 ' ',le the remaining 6 the destination is not stated in the' ficial list. a i oli t ' Weight. Mx d , 4 cs Dantzic Wheat 122 to 126 120 to Pomeranian 124 to 128 115 to 10 Anhalt, white llB to 124 120 1° 0.4 - red 122 to 128......120 1 ° 1 11 Danish Dantzic Rye llB to 122...... 6 0 tO 5 11 111 agdebur gli Barley 93 to 104...... 5 2 t ° 6/3 Anhalt 9B to 104...... 52 to 4 6 Upland Oats The Dutch post had the effect of slightly depre .er our Stock-market this morning.—Discount 4 4 to 41 cent. Bills on Amsterdam in demand. End or Jull• Anglo-Danish Loan, 3 per cent. Anglo-Russian Loan 96 Hamburg-Russian Loan 90% Polish Bonds lOO% Austrian Bank Shares 1135 Austrian Metalliques 931, Exchange upon London ..... ...• at two months, 13 .';', at sight ..„ 13 1 1 5.10 0 Amsterdam, at two months, 31 5 . 1 ,, Paris BIRTHS. On the 3d inst. in Allsop-terrace, Regent'-pr.. , Old lady of Mr. Jos. H. Brown, of a son. On the Ist inst. at Garry Castle-house, King's f! ww „, d / 0 Ireland, the lady of John Priaulx Armstrong, Esq. daughter. MARRIED. the On the 3d inst. at Ripley Castle, Yorkshire, by flee t Rev. George J. Atkinson, Charles John Smith, Egl• e Ld , son of John Smith, Esq. of Fenton and Elmhurst , St°l"rat. shire, to Frances Harewood, second daughter of John '" kinson, E.q. of Maple Hayes, in the same countY; a r On the 4th inst. at St. George's, Hanove r4 ' 2- fb e : Robert Hare, Esq. of Pimlico, to Louisa, wido r () , t I •p late William Ozias Humphry, Es an d niece of C°P Newcombe, R. N., C.B.fiefs On the Ist inst. at T e tt en h a ll, by his father, th e Thomas Walker, M.A., Prebendary of the C o t i er Church, Wolverh a mpt on , t o Eliz a b e th, eldest daug te ' Richard Fryer, Esq. of the Wergs, Staffordshire. Stn, On the 3d inst. Mr. Hill, of Wennin ton, Essex , t° Joseph Packard, of Woodbridge. g pest On the 20th • ult., at New Church, in Peale , Burnley, John Blackey, of Park, to Ellen Slater, ofll°.°i''el Lee. This is the fifth time the happy bride•has in the silken cord of Hymen at this church. DIED. of On the 14th July, at his house in the vicinity Aberdeen, in the 87th year of his age, Robert Hatoi l r LL.D. Professor of Mathematics in Marischal Celt, in which he filled a Professor's chair for fifty years. t yp remains, on Tuesday last, being the day previous to funeral, were removed to the Hall of Marischal Colieg g ; and on Wednesday w e re accompanied to the phice of a l to terment in the Town's Church-yard, by the Aiggietr d a and Town-Council, the Professors of both Coll e°a be t number of his private friends. Dr. Hamilton was l` n d, of a Treatise on the National Debt and Sinking r° , -- bi He was a highly useful man in Aberdeen , and Atl i be deeply lamented by all who knew him. lotto, O relict c 4 t t f lust.Edawt Edward a c l k v l a er te e r l , l, E in 84 11 . 7 70thcoro n yc e a r ry fo l i l ld county of Middlesex. • Har On the 3d inst. in Great Trinity-lane, Mr. Wm. '- rim, bookseller, late of Ave Maria-lane. PAnnizzo and Punusnut by MURDO . YOU ( / sbi Ontax, 112, SaltAxio, L 0 at STATE OF TRADE IN PAISLEY. (From the Glasgow Chronicle.) The unexampled depression which pervades every town, and almost every branch of trade in the kingdom, is felt doubly severe in Paisley. For some years past, Canton crape shawls have formed the principal part of the goods manufac tured in Paisley and the neighbouring villages. The other branches of manufacture carried on in that district, were in a very languishing state for many months past, and the principal support of the inhabitants there rested on the Canton shawls, when an extensive sale at the India house (about two months back) of from 40, to 50,000 of these articles, at about 50 per cent. below the price they could be made at by the British manufacturer, at one fell swoop reduced the stocks of these goods in the hands of the Paisley manufacturers to that amount, brought the whole of the silk factories there to a stand, and by throwing all the weavers and others en gaged in that line idle, brought the business of that town to as complete a stagnation as if it had been visited by a plague or encompassed by a foreign enemy. As the real state of Paisley at present, is un known to those who do not reside in its imme diate neighbourhood, we have had it surveyed in three different quarters, to ascertain what pro portion those who are employed bear to those who are idle. The result is, that out of 391 weavers, there are 208 employed, and 183 idle. In the space surveyed, there were 35 loomsteads unlet, which were formerly occupied ; which, if added to the gross number, makes 426, out of which there are the large number of 218 (more than the half) of the weavers who have either left the town or are going idle. This may be taken as a fair specim• of the present state of the whole town. Paisley used to contain about 6,000 weavers ; therefore, when we state that at present there will be about 2,500 weavers idle, and about 500 loomsteads unlet, we are certain we are within the mark. We have been led to make this survey and statement, for from the manner in which the unemployed are supplied, and the want of method otherwise, which exists in the department at present, compared with 1826, we have found it impossible to obtain any thing like accurate information as to the numlaer depending on the Relief Committee for exist ence. There has been no account of the num ber idle, or of the state of the town otherwise, taken for some months past. To relieve as few as possible, and to confine the relief granted to these few to the smallest amount, appears to be the aim of those at present in authority. Per sons who are on the point of starvation apply ing for assistance, are often bandied from the Relief Committee to the District Committees for looking after the ordinary poor, and from these back to the Relief Committee, for days before anv assistance is obtained. In many cases those employed breaking stones (which is the only work now given up to those who apply) are sent home with 3d. or 4d. after their day's labour ; and the result of this is, that although the idle have increased for weeks past, and still continue to increase daily, the number of those employed by the Relief Committee is much about the same as it was a month back. How different this from the manner in which the poor people were used by the praiseworthy and memorable exer tions of Provost Farquharson, in 1826. That gentleman exerted himself in such a manner as to procure and distribute money nearly to the amount of thousands for hundreds of what is done at present, although the distress now far exceeds what it was at that period. And that gentleman very properly did not confine himself to the distribution of money, for he procured and distributed clothing of every description to a great amount. It cannot be expected but those who have now been for months only obtaining as much as will barely keep them in existence, will be greatly in want of clothing. It is no un common thing to see numbers of full-grown men going completely barefooted ; and the greater part of those employed by the Relief Committee have their feet covered with what is only the imitation of shoes ; and their other clothing is literally in rags—many of the poor fellows being reduced to the begging . of these articles from the passing stranger. It is, therefore, no wonder that those who have hitherto supported them selves independently, should pine away in secret rather than work publicly under the circumstances we have described. In a town such as Paisley, where the greater part of the inhabitants are so situated i the gro cers, landlords, and other classes who used to depend on them, are likewise suffering severely. The greater part of the landlords have their