The Sun. — London, England, 1829-11-20 00:00:00

I . ,c -- —z3e r,e 17 C e- ~`~'~---~ -L~ , SPLENDID ANNUALS FOR 1630. jAr H. SMITH, 192, S tran d , respect f u ll y v v • informr the Nobility, Gentry, and Public, that a few of the. Publishers of the Annuals have combined to force -him to increase his usual Charge. W. H. S., in gratitude for the extensive and liberal public patronage he has received, will, this Season, offer these Superb Publica tions at a still lower price. The greatest care has been taken in procuring the very beet impressions. THE KEEPSAKE, Bound in crimson silk, contains 18 fine engravings, by celebrated Masters. Edited by Manuel Reynolds. Sold It les. Published at 21s. THE LANDSCAPE ANNUAL Contains 25 highly-tinished engravings, from paintings by various Artists. Elegantly boand. Sold at 151. Pub- Hailed at 21s. THE YOUNG LADIES' BOOK, Emb ellished with upwards of '7OO engravings, beautifully bound in silk, in a novel style of elegance. 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Ol2 0 tto. d i; ... :- ft tto, d o :: _ n .t-pressed 0 1? . 0 ksiiii; ,beet 0 17 6 1 "••• 0 9 6 Etta' fooigea.p 0 12 0 I °. super 0 15 0 .4tto poet 1 1 0 t lerjr , gilt I ' s satin t 14, 114' ;t e "•:.. P°6 0 11 0 -oes!s i , - " , 11iit.." bolt f, ' t uned satin %Lil.: a li o Us colours) •d. ............ - Mtto. di c k' note, gilt OIS 6 4htto Ito sisal' note, p 0.71;;.... h thkk Batt; °t- Pressed k4.4-o',,_ov narrow uo rder_, 1 7 0 , T1tA,,,,, +2..i nch - - ILING DESKS AND DRESSING CASES. I. _lock sc '''etet good Long Russia pouch j.nitt c , ..... -... .•: ... -.£o 16 6 dressing instruments i, _* l -ditt o ' Pare nt ....... 1 1 0 warranted £l 12 0 i n , . -14 1itt o ' 13 °W lock •0 18 6 Long box pouch dress -";44/,kla,atent lock ... 1 3 0 ing case, instruments ,titi,„' unproved desk warranted. 2 2 0 j.d!tt o. nit case. ..... ... 0 19 0 Blotting cases, 4to. u 4 -4,t to .. ................. 1 3 0 derny, with blotting li: ° ''i,!to 1;;•• , •••,... ...... 1 6 0 paper O3 0 -. .g.0' iin wm4 lack ... 111 0 Ditto foolscap ditto ls"?.uble t r P r 'aved Ditto folio demy. .. .. 1 *.q41 .0 ave 'Lalll ease 114 0 Blotting case, with lock 434.4distent lock ... Ile 0 and key O7 0 dosibl7 h nproved Ditto foolscap ditto liessitip w rlttrig and klegant embossed blot -014; ease ... 2 2 0 ting cases 0 4 6 "k te a tea l .Rirssie Ditto with lock and key 0 7 6 12P 4 , 1 tent 1 7 1. 111 " g nage; Music portfolios 0 3 0 1, -itt o. °c- ............ lld 0 Drawing portfolios O2 6 i nt to - .................. 2 6 6 Superior razors war d'''r,........... 2 8 0 ranted, each 0 1 0 ikere Aussi e Ditto Ditto in box, contain lipittnt tZe.lling case, ing seven, nne for onto,liPit,.:n ...... .. . 3 0 0 each day in the week 014 0 Pate d,3729te writ. Excellent razor straps 0 2 6 ttrtent lo c rBcm.e. Superior pen-knives, kr o o n a °lnc _ 7 ,..,....... 3 a 0 from office t ( ) ) 1 ( 0 ) P 4 : 4C ? °ue'lhe dr er'e U 7 41 knives PgZ%la•itl7papercutter 0 2 0 It:r. tad.. easing nted .. elks Real ailf,44 card cases, 4,4,14 ......... ... . . i;i 0 12 0 Russia 0 1 0 pocket; e, .; 4 441 811 4 8 •q 4 e. n vAth with lock and spring, 14:Z a Ntied 14444 ' 13 *nts from (each) 0 3 0 i n g p ouch .. 2 .., ....... , 1 15 9 Rwisia and morocco sth, ~ -Inerit i ,: e sSing, jct,ter springs, each 0 I 0 h i tOttle„ o -a ti. r ted 1 7 0 I, "I pe wt er —w ing pints, quarts, and gations of the heat the e ; rt il er Z o nd e glass . inkstands for offices awl counting -1), An ..... a ." • &c. In fr. a , variety. A 4 e, ket T: Iv e assortment of Memorandum Books; h ' 4l lt lia 2rs in elegant, strong, and fancy bindings. per - Th ; 111 / ), and Manuscript Books bound to any Per t. ' ens warranted cut with knife, from 41. to I 7s. ,1 "undr e d otur n , i4 • Aferchanta' and Bankers' Ledgers and the most t le 4 and bou n d 0 r workmanship. to any pattern, tl:4llordsrssuPeforrithe country carefully packed, free of extra 1 .411 ,0 e • .s 0 . 199' Str ands secoad bows from Artmdel-strett F.S OF WRITING PAPER . STATIONARY. its the attention of the Nobi- Jie following List of Writing superior Manufacture :7 Per Ream. Superfine thick Bath post Svo. note. hroal or narrow black border £0 16 0 Super copy, very fine.... 0 11 0 Ditto, extra... 0 14 • Superfine foolscap 0 18 0 Ditto, do 1 1 Ditto. do., thick 1 4 0 Do., do., very superior 1 6 0 Superfine brief, 36 or 4t lines, very best make 1 7 0 Superfine large thick Post, hot-pTessed. 1 I 0 Ditto, thin do, 0 18 0 Superfine bank post 0 16 0 Ditto, large do. 0 IS 6 Superfine Bvo. note paper 0 D 0 Ditto, do., gilt 0 11 0 Ditto, small note 0 •t 6 Ditto, do., gilt 0 6 0 Superfine very thick laid demy (used in Government offices) 1 2 0 Ditto, do., gilt 1 5 0 Ditto, do. Bvo. note 0 11 6 Ditto, do, do., gilt 0 13 6 Cambridge scribbling paper 0 17 6 A KEY to DUNBAR'S GREEK EXERCISES. IMPROVED EDITION OF HIND'S FARRIERY. This day was published in One thick Vol., with several Engravings, price 12s. in cloth, VETERINARY SURGERY AND PRACTICE OF MEDICINE, or Farriery taught on a New Plan ; being a familiar practical Trettise on the Structure, Functions, and Diseases of the Horse, with the most approved Remedies to be employed ; and Instructions to the Shoeing-smith, Farrier, and Groom, how to ac quire a knowledge of the Art of Farriery, and the Preyen• tiol of Diseases. By JOHN HINDS. The Second Edition, improved. Printed for Whittaker, Treacher, and Co., Ave-Alaria lane, London. _ • aj / pol e ‘,.. L 7 - . :0:11 - tll ' , 1 1) -&, • •:: 421::::401):41,4" • „ " b --. 7 1111 111111r - • 0,4 . 0 ~t 1 0 I a niiiiitY. 11 No. 11,603. This day, price Two Shillings. EAST INDIA AND CHINA TRADE. AREVIEW of the Arguments and Allega tions which have been offered to Parliament, against the renewal of the East Intl;a Company's Charter. London : Effingham VVilson, SS, Royal Exchange. JUVENAL AND PERSIUS, ENGLISH PROSE. This day was published, price 6s. jUVENAL AND PERSIUS, Literally 0 Translated, fur the Use of Students. By WILLIAM SMART, M.A., Translator of Virgil. Printed for Whittaker, Treaeber, and Co., Ave Maria-lane This day was published, in Svo. price 3s. 6d. INTRODUCTORY EXERCISES on the GREEK LANGUAGE; for the Use of Junior Students at Rchools and Universities. By GEORGE DUNBAR, A.M., F.R.S.E., Professor of Greek to the University of Edinburgh. Printed for Whittaker, Treacher, and Co., Ave-Maris lane, London ; and Stirling and Kenny, Edinburgh. Of whom may be had, price 3s. APPROXIMATION OF THE LOWER CLASSES TO THE HIGHER. One of the most material consequences of the changes now going on in society is their tendency to approximate the lower clases to the higher. That there is an approximation he that bath eyes to see and ears to hear must admit. The only question is to what extent it has proceed ed. It is obvious in dress, manners, and acquire ments ; and has been greatly encouraged by the improvement which has taken place in manu factures, and by the substitution of machinery for manual labour. Most mechanical employ ments'are now carried on with so much neat ness and dexterity that they scarcely affect the external garb, person, or appearance ; and all articles of dress have become so cheap, that the same sort, if not the same quality, of the mate rial of which it is composed, is within the reach of almost all ranks and conditions. The fashion of male and female dress has also become so nearly alike all over Europe, that its air and appearance alone would be an unsafe test of the rank or country of those who wear it. Nearly as great a change has taken place in manners as in dress. Distinctions between the language and address of the various classes of society will always be perceptible to refined judges, but those wide intervals with which former times were familiar exist no longer. There are few persons of good sense_, above the lowest rank, who do not speak .and act, in these days, with ease and propriety. The extraordinary inter course which has taken place has brought about a universal polish. Persons placed far apart in wealth and station often approach each other so nearly in air and demeanour, and so difficult is it to excel in refinement, that those who take the lead in rank and fashion occasionally seek for distinction in an entirely opposite direction. The assimilation now mentioned is seen every where, and is fully remarkable in the other parts of Europe as in England. The lower classes have also gained upon the higher with respect to the conveniences of life. Enter into any house, of which the occupier is above the condi tion of a common labourer, and the profusion of comforts, beyond what were known twenty or thirty years ago, almost exceeds belief. Through every step of the ascending series scarcely any distinction exists between those who are more or less wealthy than in the scale of their establish ments. The same taste and elegance reign in their houses, furniture, and grounds, at their tables, and in every other part of their house hold arrangements. There is a wide distinction as to the size and number of the apartments in the house, and one still wider with respect to .the number of servants, carriages, and horses. But there the distinction ends, and never could persons of moderate means, by the help of taste and judgment, place themselves so nearly on a level with the most exalted. The most essen tial point, however, in which the lower classes have advanced upon the higher, is that of per sonal acquirements. It is not in early life that the education of the lower orders is better than that of their superiors. There is generally great anxiety manifested, on the part of the higher orders, that the attainment of their sons and daughters should correspond with their station in society, and the wish of the parent is usually seconded by the talents and disposition of the child. It is before and after they have reached maturity that the youth of the aristocracy begin to lose ground in the race of emulation. Th e sons of the nobility and great landed proprietors are no longer required to discharge various pub lic functions which, in ruder periods, they were wont to do, while such numbers of them are every where to be seen, and their rank alone does not place them on that eminence which it formerly commanded. Their ardour is thus damped for honourable exertion on the one hand, while the blandishments of ease and lux ury allure them on the other. As they advance in life, the management of property, the cares of a family, and the various duties of society, demand so much of their time, that it requires extraordinary skill and resolution to reserve any considerable portion of it at their own disposal. In the meanwhile art and science are daily dimi nishing that proportion of the community which subsists by mere manual labour ; books, instruc tion, and travelling, are more within the reach of all ; and those who must live by their own exertions, or whose means debar them from ex pensive pleasures, are induced and compelled to improwe themselves with unremitting assiduity. The result of this indolence on the one hand, and diligence on the other, is, that in nine out of ten occasions, where extraordinary proficiency or information really is demanded, the higher classes are surpassed by those who were origi nally their inferiors, no only in birth, but in education, and perhaps also in capacity.s.-- QUarterly Review. LONDON, FRIDAY EVENING, NOVEMBER 20, 1829. LAW INTELLIGENCE. COURT OF KING'S BENCH, Nov. 19. THE KING V. HARIIER AND OTHERS. The ATTORNEY-GENERAL prayed the judgment of the Court upon the defendants, Reuben Harmer, Thomas Dunk, arid Thomas Pettit, who were convicted upon an information filed by his Majesty's Solicitor-General, charging them with conspiring with two. other persons, named Charles Harmer arid William Stonestreet, to detain a man named Henry Mercer, from attending a sitting of Magis trates at Battle, to give evidence against one William Billingness, against whom an information had been laid by the officers of excise, for retailing spirituous liquors without a licence. The trial took place be fore Mr. Justice Gaselee at the last Assizes at LeWes, when the three above-named defendants were found guilty ; the defendant Stonestreet was acquitted; and the other defendant, Chalks Har mer, was discharged on his own recognizance. Mr. Justice BAYLEY addressed the defendants, and after commenting on the serous nature of their offence, sentenced them to be imprisoned in tha House of Correction at Lewes for the -space of six calendar months, and to find security for their good behaviour for two years, themselves in 401. each, with two sufficient sureties for each of them in .201. each. COURT OF COMMON PLEAS, Nov. 19. GODEFROY V. DALTON, GENT. This was an action against an attorney for al• leged negligence in the conduct of a cause; it arose under these circumstances :—An action having been brought against Mr. Godefroy by a person of the name of Dubois, for driving a horse and gig over his son, Mr. Godefroy employed an attorney to de fend it. 'The attorney, however, suffered judgment to go by default against his client, who thereupon brought an action against him for negligence in so doing, and employed the present defendant as his attorney to conduct the cause. It came on for trial before Mr. Justice Burrough, at Guildhall, but the plaintiff's attorney being only prepared with the prothonotary's book, as evidence of the signing of the judgment by default against him in the cause of " Dubois v. Godefroy," the Learned Judge re fused to admit such evidence, and nonsuited the plaintiff. The latter then brought the present ac t►on against his attorney, Mr. Dalton, for negli gence. It was tried before the Lord Chief Justice at the last Middlesex sittings, when it appeared that the defendant, after he had delivered his briefs for the previous trial, consulted his junior Counsel, a gentleman of 30 years' standing at the bar, and of great practical experience in such matters, on the subject of the proofs, and was advised by him that the entry in the prothonotary's book was sufficient to prove the allegation that judgment by default had been signed against his client. It was therefore insisted, in defence, that under these circumstances the defendant had not been guilty of negligence so as to render him liable for the consequence of a mere error. of judgment : secondly, that the declara tion could not be sustained, because it did not al lege that the defendant in the former action had been guilty of negligence, but merely that the plain tiff had commenced an action against him for negli gence : and thirdly, that the declaration alleged the trial to have taken place " in the Court of our Lord the King, of his Justices of the Bench at West minster, from which it would appear that the trial had taken place in this Court, whereas it was proved to have taken place at Guildhall, London. The Learned Judge reserved these three points for . the opinion of this Court, and subject to that opi nion, the Jury found a verdict for the plaintiff. Mr. Serjeant TADDY having on a former day ob tained a rule to show cause why the verdict should not be set aside, and a nonsuit entered, or why the judgment should not be arrested. Mr. Serjeant WILDE and Mr. Serjeant BOMPAS showed cause against the rule. Mr. Serjeant TADDY and Mr. Serjeant CROSS re plied in support of the rule. The LORD CHIEF JUSTICE said, that as this was a case of importance, both to suitors and attornies, the Court would take time to consider of it, and look into the authorities on the subject. COURT OF EXCHEQUER, Nov. 19. PETO V. TILE ATTORNEY-GENERAL. At ten o'clock the Court proceeded with this case. Mr. KNIGHT, for the plaintiff, in reply, began by adverting to the great importance of this case to his client, whose character and property were at stake, and not only expressed his great surprise at, but protested against the extraordinary and unprece dented course pursued by the officers of the Crown. In the first instance, the plaintiff, after an admitted understanding on both sides, subsisting for two years,—after having been invited, as it were, to try the case in an equitable shape, as be had before been invited to try it in a Court of Law,—after this delay and this understanding, the Law Officers when the plaintiff was ready to go into the merits of his equity ease, turned round upon him and said, " We will not go into the merits of your equity case; but will demur to the jurisdiction of the Court to hear your case at all." This conduct was, he contended, wholly unprecedented. The objec tions against the motion of the plaintiff he took to be these three t—First, that there could be no ac r count or set-off against the Crown ; this bill prayed for relief as ancillary to a set-off ; but the right of the principle failing, the right of the accident failed with it : therefore there could be no injunction. The second injunction was, that where there were no merits confessed in the answer, no injunction could be given ; and as the Attorney-G,eneral was not bound to confess merits, hut put in a formal answer, and that having done so here, that could be no in junction. The third was the Statute of Henry VIII., which enabled a debtor to the Crown sued at law to plead an equitable ground of defence ; but that the plaintiff, having neglected to set up such equitable claim at the proper time, was now and for ever debarred from it. To the first objection the Learned Gentle man answered by denying the argument that there could be no eet-off against the Crown. He had never heard, and did not expect to hear, a - 4y one reason why there should not be such a tiet-off. It would be monstrous, and would let in the gresseSt iujnztice, if it were otherwise. The Court would net, if applied to, allow the officera of the Crown to say to a debtor, " We will recover against you, but you may get your claim against us how you can," The Learned Gentleman contended : that be fore the statute of set-ott' (in Geo. II.), the law of set off %as well known and acted upon. By stat..s Rich. 11., cap. 2, the subject had a right to a set-off against the Crown. He had said thus much on the admission for a ruoinent that this ,question was ancii : lary to a set-off; but he begged now to deny that it was any such thing. The plaintiff admitted that judgment must pass against him on the bond, but he claimed that what was due to him for the work done, and admitted to he done by 'the Ciovernment surveyor, should be paid. But this was resisted, on grounds which, if attempted to be used between man and man, would be scouted out of court. The plaintiff sought for the present injunction, not as ancillary to a set-off, or an account, but as a recog nition of his equitable demand against the Crown. As to the second objection, be contended that in cases where the Attorney-General did not confess merits in his answer, the Court should deal with it as eourtl of equity were in the constant habit of do =hear the plaintiff on affidavits. With re spect to the objection arising out of the statute of Henry VIII., the learned gentleman contended that it was completely met by the case of Sir Thomas Cecil, and by that of Sir William Herbert, who was sued on a bond given by his father to Edward VI., and judgment was had against him by default,—the judgment was now all he (Mr. Knight) had to do with,—and after that judgment the defendant was allowed to become a plaintiff, to file a bill of equity in the same Court of Exchequer, and on hearing the merits of his case, the Court made a decree relieving him from the judgment on the bond. In the course of his address the Learned Gentleman dwelt with much force on the great severity and hardship of Mr. Peso's case, and the injustice done to him in first being called upon to obey the instructions of Mr. Laing, and then being turned round upon end sued on the bond for acting in obedience to such instructions contrary to the specifications in the contract; then being re fused to have his case in equity entered into, be cause he did not .put it upon the record when he entered upon his legal defence. Surely there must be something mysterious in all this. Mr. Baron VarGnaN—But, Mr. Knight, you must not think it strange that the officers of the Crown should be strict where a contract was made for a building to be completed for 160,0001., which cost nearly 500,0001., including upwards of 150,0001. for repairs done to it since. Mr. KNIGHT—My Lord, I fully concur with your Lordship that there should be the most strict inquiry into every part of this transaction. That is what Mr. Peto has all along most anxiously desired. It is true, my Lords, that the expence has very greatly exceeded the sum specified in the contract; but was it Mr. Peto's fault, that having contracted to erect a barn, the officers of Government should choose to build a 'palace ? Was it his fault that statues should be placed at the top of it where none had been mentioned in the contract ? Was it his fault that Portland stone should be used where only brick was mentioned ? Was it his fault that the domes, the cupolas, and the other parts of the building should be so changed and altered from the original plan,tthat, as the surveyor has said, it seemed one mass of extras ? Vas it his fault that the housekeeper of that establishment did not choose that her apartments should look into Thames-street ? Why, my Lords, this objection of the housekeeper to look from her drawing room into Thames-street has cost the country thousands —with the direct sanction of the Beard of Corn• missioners. My Lords, we have here the memorial of this very respectable personage, complaining to the Board that her apartments are made to overlook Thames-street, and expressing her earnest desire that her drawing-room and sitting•room should look towards the Thames. This subject gave rise to as much negociation and grave detiberation, with all the forms of the most important diplomatic ques tion, as can be imagined; and what was the result ? I hare it here—an order of the Board to alter the whole plan, to give the Comptroller's rooms to the housekeeper, and to make other altera tions, involving an expence of thousands; and all this, without once consulting Mr. Peto, the contractor, any more than if he were the mere brick layer, or the man who ran up the ladder with a hod on his shoulder! He is to take his instructions from Laing for these alterations, and yet, after al!, he is to be sued on the bond for a departure from his contract ! My Lords, this very document has come to our possession since the trial, and is, I con tend,., a -new matter of equity. There is also, my Lords, a Treasury order, signed -" J. R. Lushing ton," in which it is stated to be the wish of Lord Liverpool to have the ends faced with Portland stone instead of brick, and not a word said about Mr. Peto. There were, Mr. Knight continued, fifty other cases of a similar kind for alterations and • deviations from the original plan as specified in the contract, which had only lately come to the posses session of the plaintiff, and of the existence of which he was ignorant at the time of the trial; and these, and it ►was probable some other items, might furnish some clue to the great unwillingness expressed in some quarters to have a rigid examination of all the items entered into. They were, however, now mats ters which would fully let in Mr. Peto's claim in equity, at least to the amount due to him by the Crown. lie would ask their Lordships what would they think, in a case at nisi Arius, of a private indi vidual who bad contracted with a builder to have a house of a specified description built for him, and, living next door to the new building, should every day look on what was going forward, should see de viations made from the original plan by order of his own surveyor, and should advance money to the builder to carry them on--would any of their Lord ships sanction the plea of such a man in resisting the payment for works so done, that it was without his express orders, and that a contract being an in• strument under seal could be altered only by a o,4i;ar instrument c Surely their Lordships ►could not sanction such a defence; or if, under• a bond, the - plaintiff should in, such case get a verdict at law, would not a court of equity (in a case between man and man) relieve him from the effect of such ver dict ? What, he would ask, was there in the case now before the Court, which took it out of the r;:le applicable to such a one l'"1 had supposed ? There Was, he contended, no distinction in the equitable principle applicable to both. Mr. Baron VAUGHAN here asked why Mr. Peto had not put Mr. Laing in the box at the trial, as he • could have told by whom the orders were given. Mr. KNIGHT replied, that one of the charges against Mr. Peto Was that of fraudulent colltision With Mr. Laing. He therefore did not choose to call him. The Learned Counsel then went op to point out the e;treme hardship to whi c h Mr. Peto had been already subjected, and the still greater in justice which would be done to him if he were now compelled to pay the sum of 33,0001. into Court,w ith out having the merit of his casein equity f.rst herd. Such r. course would be his ruin. Ks property was already , tied up by the judgment. He was prevented from alienating any part of it. The Government had had already a mortgage for 20,0001. advanced to him to carry oa the works. That mortgage was on Furnival's 'lnn, which was his own property, and which produced him 7,0001. a year clear, on a lease for 99 years. The SOLICITOR-GENERAL here observed, that if this was a bona fide statement, he would (as he was unwilling to do any thing harsh towards Mr. Veto) consent on the prt of the Crown to receive the rents of Purnival's Inn until the sum of 33,0001. was paid up, without prejudice to any case which he might eventually establish, and would undertake to return the sum so paid, ;110;44 tbo COUrt so de cidei withclut prejudice in the m ean t i me to any right of the Crown to resist such claim on Mr. Peto s part. After some consultation with Mr. Pete, Mr. PEPI's and Mr. KiNi4iiT objected to this pro, posal, after which The LORD CHIEF BARO..N: said, that as it was q:,. advanced hour, and one of the Judges must go to chambers, they wo;:ld go no farther that day. He would recommend to the law-officers of the Crown, and to the Counsel for the plaintiff, to consider till to-morrow of the offers made on each side, in order to come, if possible, to 40.r. - :“c: understanding. The questions which the Court would have finally to de cide (and which way his mind inclined ke would not yet say) were, first--whether an injnnction aitould be granted without any security ; and next, whether upon payment of money into Court. All that was sought by the payment of money into Court in such cases between party and party, was security ; and if that could be given without such payment, per• haps it would be considered sufficient. The Court rose at three o'clock, and the further hearing of the case was put off till to-morrow. There are two other Counsel to be yet heard for the plaintiff. ARCHES' COURT, Nov. 19. In this case, which was a suit of separation pro moted by Major William Meadows Hamerton, against Isabella Francis his wife, on the ground of adultery committed by her with Mr. John Bushe, Sir John Nichol yesterday gave sentence. This case has been already heard, when the Court was of opinion that the evidence did not amount to judicial proof of adultery against the wife : but, on the other hand, the suspicion against her was so strong, and her conduct was so imprudent and culpable, that the Court considered it was due to the husband to rescind the conclusion of the cause in order to admit further evidence of adultery. The allegation now given in stated, that from January till June, 1828, Mrs. Hamertorr lived in lodgings, at Paris, attended by one female servant; that Mr. Bushe was also is Paris, and in the constant habit of visiting her, dining and staying till ten and eleven at night; that in the latter end of May, Mrs. Romer came to Paris and lodged with her daughter, and Mr. Bushe then discontinued his visits ; that they set off to Switzer land, returned to Pal is, and resided there still,though their place of residence cannot be ascertained. The question is,whether the former part of the case is proved by the evidence under this allegation ; and coupling the evidence of the meeting of Mrs. Hamerton with Mr. Bushe, in Paris, with their former intercourse at Cheltenhan, whether it established the adultery sufficient to satisfy the judicial mind of the Court. The Learned Judge then stated the material points of the evidence now under consideration, and ex pressed his opinion that it was consistent, observing that no explanatory account was offered by Mrs. Hamerton. It was clear that every effort had been made to obtain the evidence of Julie Meyer, and it was not apparent that any other witness could be procured by the husband. It was unlikely that the owner of the house knew any thing of the matter; the perteress was the most likely person to know of Mr. 13ushe's visits ; and if her evidence was un impeached, it left no doubt in the mind of the Court, coupled with the former evidence, that the parties had been guilty of adultery. On the other hand, evidence might have been produced on the part of the wife to show where she had been all the time, and to contradict the depositions of the wit nesses; but no contradiction whatever was offered. Without imputing perjury to the witness, and su bornation of perjury to the husband and his agents, — unless collusion were presumed on the part of the wife, the Court was of opinion, taking the whole evidence together, that the husband had sufficiently established his case, and it pronounced for the sepa at ion prayed. PRICE 7D. NAVAL INTELLIGENCE. PLYMOUTH, Nov. ID.—The Highflyer cutter, tender to the Hyperion, arrived on Tuesday morn ing from Newhaven. _ _ The Vigilant ketch, Lieut. R. Loney, sailed on Tuesday for Falmouth. His Majesty's ship Druid, 46, was commissioned for foreign service on Tuesday, by Lieutenant John Bazely, (18240 wbo is appointed to her, Lieut. Caswell is also appointed to the Druid, with Mr. Inches, the Surgeon, and Mr. B. Jennings, (1799) the Purser. The Starling and Raven cutters, were likewise commissioned ; the former on Monday, by Lieu'. Harrison, as a tender to the Ganges, and the latter vessel on Tuesday, by Lieut. Wells, as a tender to the Hyperion. The Echo steam-vessel, Lieutenant Bissett, came in on Sunday from Portsmouth, with a crew for the Starling cutter, tender to the Ganges, and sailed for that port on Monday. In Hamoaze—St. Vincent, Kent, Druid, Pylades, Hyacinth, Leveret, Royalist, Highflyer, Raven, Star ling, and Meter steamer. In Barnpool—Undaunted. At the Island—Britomart, Bramble. We hear that his Majesty's steam-vessel the Con fisnce, in the River Thanies, is to be fitted with paddles invented by a Mr. Morgan, whose vessels have already proved their good qualities, plying between Trieste and Venice, We ondersi:and that the St. Vincent and Druid are to be fitted with lightning conductors, on the principles and under the superintendance of Mr. William Snow Harris, of Plymouth. Second Lieutenant J, T. TOuown is promoted to be First ji..ieittenatit, and appointed Adjutant of Portsmouth Division, vice Willis, promoted. Lieut. Jacob Slyer, Resident Lieutenant of the Royal Hospital at Ilaslar, is about to retire. The Sophia, Neils, from this port, arrived at Que bec previous to 9th October. The Experiment, Yabsley, arrived at 111alae:a from Porto Rico 12th October. The 4eslark, &own, of this port, arrived at Dublin, from Malaga 9th November. The Eliza, Edmonds, of this port, arrived at Gravesend from Faro 12th inst. and Brownfield, Cowling, 13th. The Thalia, Shand, arrived at Halifax, from this port, 17th October. The Britunnia 4 Tiiplett, of and from this port, arrived at 1-1 4 vr e de Grace 10th Nov. Th o Matilda, Coming, of this port, arrived at Naples from Cardiff on 26th ult.—All well, It givez us pleasure to stato, as an indication ofdiminished distress ameng the working population, that the rents due at the late term have been better paid than usual ; with the exception, bs. , ,wever, it appears by a subse quent report, of the hulk of the unfortunate weavers. In many of the thickly inhabited lands in the suburbs, there was scarcely a defaulter ; and the landlorda were agreeably surprised to find their tenants so well prepared. This promptitude of payment is ascribed to the public works being all brisk, particularly the power loom factories, and part of the hand loom weavers having their children em• ployed in these works, which enable them to maintain their credit. It is to be remarked, however, that tin practice is becoming more gentral of landlords collecting their rents monthly, and even weekly; and thougl i it is attended with more trouble, there are few arr;ara, and thy, tenants make more exertion to c.lisclaarge a mill account of a few shilling., tban use of some pounds. Vie local am:Arne:A; are in general collected with less difficulty t han for a considerable period.— Glasgow Chronicle. DREADFUL OCCURRENc.-011 Wednes day evening an inquest was held at the Blue Anchor, Russell-stre t, .litouthwark, on the body of S ARAH \i'INDSOR, aged 25. Mr. PILCIIRR, EtlrgeOlt, of Dean street, attended the deceased on Saturday afternoon, when she stated that en,?, the Tuesday previous she had been quarrellipg with her brother Wzr.r.r.ssr, who is 23 years of aga, about a child, who should take it home. She at first said that her brother had struck he: ciown, but sub sequently said that she seized ltcr Lrother first by the col lar of the coat, whet, 4, endeavouring to disengage him self fret_ t,11,:. grasp, he gave her suddenly a vial oat push, when she fell backwards on bcr heed, an - 4 her brother fell upon her. On examination vas found that her neck had been greatly by the fall, and which subse quently cased her death. Other witn..F.s.2„ gave similar evidence of dying declaratin4 i.l the deceased.—The iltry then returned a . nsa.:Oct tOssidental Death. L'' " SHOCKI% f erReTYMBTA!CCE. MANCFINSTER, NOV. 18.-A great sensat'o3 has been excited here by ti;4Reath of Rey-tiling man under circumstances which may Once the unfortu nate gentleman, by ivitrise hand he iell,'npo'n 'his de fence for his own- life. At first tbet4tirnbitr. was that a deliberate murder was committed ;• but on in quiry, I tind that it is possible, and even probable, that the fatal result was the effect of accident. It is now the time at which an ancient fair is 11,2!:.1 in Salford. Little business is done at it in these days; but as there are still a few cattle brought to it, it affords a pretext for the erection of tutus and booths by the wandering showmen, and young men from Manchester are in the way of going into it in the evening for diversion. Amongst the persons tempted to see what was going on was Mr. Burn, a respectable manufacturer in Spting-gardens, and it would appear that either some attempt had been made on his pocket, or he imagined it had been made, by some of the thieves who throng the market; for about eleven o'clock a Mr. Smith found him in loud altercation with some half &Zen men who were prettsing about him, End heard him say, " Stand back, you scoundrels, or I will tire on you." Mr. Smith had just leisure to observe that Mr. .Burn had a pistol in his hand, not held out as .in aim, but just as if newly drawn from his pocket, when the pistol went off, and one of the by-standers , . instantly dropped as if dead. Mr. Smith imme diately seized Mr. Burn, and told him he was his prisoner. Burn was in great agitation, exclaiming, " I hope to God he is not shat," and made no re sistance, but at once Walked with Smith to the ' BlaCkfriars Inn. On the way he told Smith that the pistol had gone off in his hand at the half-cock, and that he had taken it out of his pocket only to intimidate the man. When Mr. Lavender, the deputy constable, arrived, he immediately recognized Mr. Burn as a gentleman who two years before had • been robbed on his way to his lodgings in the country, and cruelly beaten by the robbers. He mentioned this, and Burn immediately said "Yes; I am the person, and I have carried a loaded pis tol ever since, whenever I have had occasion to go home late.", The young man who was shot was carried to the Crown-inn, Blackfriars, where he was recognized to be a son of Mr. Foster, a wholesale fruit-dealer, in Long Millgate. The ball had entered just above the ear, and lodged in the brain. lie never spoke after the shot, and died in about 20 minutes. An inquest will be held on the body to-morrow; but I believe little more evidence can be adduced than I have narrated. A DINNER IN RUSSIA. I had here a good opportitoity of remarking . ;he vigilanc e of th e Russian 'police. A certain Prince, who had been suspected of mingling in the proposed revolution in 1824, and with whom I was very intimate, seemed desirous of speaking to some of the soldiers during the dinner s merely, as he told me, to pay a compliment to the regi ment in general ; but no sooner did he adreece to speak to the soldier than he found a very ac tive little police-officer listening on the other. side. He retired for the moment ; but, willing to be assured that he was still suspected of some underhand proceeding, he advanced to another . part of the table. His s h a d ow cou ld not have been a more faithful attendant on a sun-shiny. day than the police-officer; wherever he Isere there was his companion, and in disgust he t e e marked to me the absurdity of such conduct, " as if," said the Prince, with a most bitter smile, " as if I should be such a blockhead as to The hatch treason being nbefor fin ea is t he lc( the a i st 2 , o 4. l o o ve p r e n o o p r le g .': 4 , the health of the Emperor, which was received with loud acclamations. It seemed an endeavour to make the loudest hurrah ; and many of the Noblemen who were then present, and who wished any thing else than the realization of the toast, roared most manfully. The whole ctine pany standing, all adorned with orders e. 2 more or less brilliancy, the ladies in splendid dresses, the different costumes, the noise, ,nd the place itself, contributed to render the scene exceedingly grand and interesting. I n th e eveni ng a ball was given by the Go- vernor. In Russia the dance is opened by a polonaise, the most silly performanza imagi nable, in which old and young alike join. It is merely walking with a lady through the entire suite of apartments, to the great annoyance of the card-players and loiterers. After this nor,. sensical parade is finished a majoolka is gene rally commenced. • This dance, which is voted very uninteresting by some travellers, is certainly just the contrary to the performers, who have, during the dance, a better opportunity of show ing a preference and whispering, the tender tale than in any other in existence. In general the ladies have chairs placed in a circle, and the partner either stands by her side or behind her. Should he not have the object of his affection for his partner he has only to whisper to one of his sisters or friends in the dance to lead him to his favourite, with whom he can then exhibit. As this continues sometimes two hours the lover has an opportunity which is quite impossible in a quadrille or country-dance. The ladies are likewise able to select their favourites ; and often have I watched them passing a crowd of lookers i o s n o e in g s eno l the pa kberal vreeeergysoufigs lively,rrni t at ienec grand b to railer j i eas e ,itt c tel ao . e ersiE l s i j e a r s n c t e s i r tainly pr e f er th e ma j oo lk a to any other dance. uld n in he s e atEgskialtlieldisi-s; a d l n f a dn ballsc te sons in Moscow, might-begin the fashion. The supper afforded a great display of good iliines and brilliant company. The table was covered with bonbons, fruit, &c,, and the dishes were handed round one at a time, as in Russian dinners. This could not be done without a great number of servants. I counted at the table at which I sat no less than fourteen attendants, although we were only twelve in number, By my side sat the Prince above mentioned, ana next to him his favourite police attendant ; the former gave me a hint not to indulge in liberal politics. At this supper was served one of the largest sterlet that had been caught during the seaseti, Although all tr ave ll ers h ave spok en f avoura bl y of this fish, yet I neither ad mire its taste nor appearance. F rom t h e f emale sterlet th e cav i ar is procured, and this should be eaten perfectly fresh to be properly appreciated. Dancing commenced after supper again. Qua drilles, waltzes, and gallopades, were continued until about four o'clock, when the company re tired. A stranger in the first society in Russia would imagine himself in Franee.—By a late Travaer. There are said to be not Fewer than 2000 horses employed in the conveyance of passengers between London and 'Bristol, nearly the whole of which the eon. struction of a railroad, would dispense (Amnia*. , • EMIGRATION.—On Wednesday last, a party of twenty-five left Shepton.iliall e t to embark on board the Britannia, Captain Coital-, for the new settlement on the Swan River. They left the town in high spirits, te..o tiglt.:t. playing national airs before then: thr,iugh the streets; and ou Friday ten more left the town fur the sane lestination. Others are preparing t!) h4llow ; a:;r 1 family, consisting of a man, his wife, and thirteev, out fourteen children, had preceded the above. Iltak3g, a ' 04 .4 1 • f sixy-4 ve,t,liath Chrenitki -•-•