The Sun. — London, England, 1829-11-17 00:00:00

Sir Richard observes of Sheffield, that it " presents at this time the extraordinary spectacle of an immense town expanded from a village, without any additional arrangements for its go vernment beyond what it originally possessed as a village. There is no Corporation, nor even a resident Magistrate ; and yet all live in peace, de corum, and advantageous mutual intercourse. It is an instance of the gregarious quality of man without the usual cements of privileges, and the bonds forged by ambition and law. There are, however, other cements in reciprocal inhstry, in the interchange of labour, and in the joint profits of the community from the products of combined skill. Hence self-interest seems to be the common bond here as well as everywhere." If Sheffield had had a Corporation, it would not probubiy have been the distinguished place it now is. Nearly all the distinguished seats of industry in this country art mere aggregations of individuals. From the noble situation of Lon don it is not in the power of any Corporation to ruin it ; but if all the city privileges were to be annihilated to-morrow, the prosperity of the place would be thereby increased. Sir Richard's statements are in a great measure an antidote to his views. We find every where populous towns, large manufactories, skilful workmen, good communications by land and water ; and yet, if we were to believe him, there is nothing but ruin in all directions. " The increasing de- mand for articles of cutlery (he observes), and their multiplied variety, have gradually enlarged the population of Sheffield to 42,157 in 1821, since which it has considerably increase:], and may in 1829 be estimated at 50,060. In 1821 it con tained 8,726 houses, and perhaps 500 have been built since, chifly villas to the westward." This increase of buildings, and of people, caused by an increasing demand for articles of cutlery, in &care any thing rather than a distressed country. Othur branches Of industry must be thriving as well as the industry of Sheffield ; for if the de mand for . cutlery increases, this proves that the demand fcr the industry of those who wish for cutlery increases also. Them are some sensible observations by Sir Richard on the state of opinion iu this country at different times. '' In fifty years of observation, I have seen little done in Parliament, base and corrupt as it has been, w hich at the tune the assembled penp!e would not have done. I heard the pub lic voice through the wicked American war, and through the more wicked French wars, and the Parliament seemed only to echo the public, voice. I lived among the friends of peace ; but from 1775 to 1813, the friends cf peace were not the majority out of Parliament more than in it. This is a libel on human nature ; but it is true—un- deniably true. The cause, however, merits notice ; I believe it arose entirely from the obse- quiousness of the great and small vulgar (three in four of every community) to the wishes of Government and to the votes of corrupt Parlia ments. These three in four never think for them selves, and follow leaders and authority in un suspecting confidence—the thing wanted then, is fin improved class of Electors and wiser Repre sentatives, the reflection of whose wisdom would enlighten the people, But while the present race of electors exercise their power, it is a circle of never-ending errors." —Morning Chronicle. The investigation of the circumstances con nected with the " mysterious death" of Mrs. Phillips having been apparently abandoned without any result—the pari,,h, the executors, and the other parties interested, having endea voured to shift from one to initialer the duty and responsibility of further inquiry, we felt that no thing further was likely to be done in this mat ter unless the press took it up. We apprehend that one of the most extraordinary cases of sud den and suspicious death that has occurred for many years would be allowed to pass, like any other " nine days' wonder" of the newspapers, into sileoce and oblivion, if the serious attention pi the Government were not directed tovvards the antiject through that organ of public opinion which the late Lord Londonderry called the " fourth estate of the realm." We led the way, which other Journals have since followed, in showing the nectssity of an extraordinary inter position of the Secretary of State for the Home Department, as Minister of Police, to investi• gate, a,td, if necessary, to bring under the cog nizance of criminal justice, this painful and pe culiar case. In our comments upon the subject we ativerted to the want of a public prosecutor, whcse imperative duty it would be to take the inquiry and prosecution of all such matters out pf the hands of all private persons whomsoever, at s 4 to relieve parochial "Dogberries" from any s.. o esessaion with the initiative proceedings of joatcc, in which they are sometimes igno randy ovec.-aetive,and at others as stupidly sui)ine. It seems, however, that we are in a state of l reprobate ignorance on this subject, and an Even ing Coternporary, the Standzrd, has with more zeal than ceremony set about to rebuke and en ljanien. us. That Paper tells us that we call for. she a ppointment of a public prosecutor, forget ting that - there is one already in existence — Inanely., Sir James Scarlet:, the King's Attor vey-General. If the lariter in the Standard had done us the (tour to read our article with ;as snitch attention as was necessary for candid s.:ritiesrn, he would hove knOWII that we wanted ;sot to ingraft upon the letter of 64 Constitution the abstract idea of a public prosecutor--that we idiait exists,.fictirme juris, already—but an ac tual and responsible prosecutor, who would give more than his name to the owsliincrY of justice ,--whose imperative duty it isse;ol4 he to prose cuts' all serious crimes which were not State of encess—to inquire, collect evidence, cod .set the process of justice in ;notion. Every school boy knows as well as our containporary that the King is the nominal prosecutor in all the Courts of Penal Justice. It would be a thiserable erisis Toque to say to one calling out for the appoint ment of a public prosecutor that suel; a personage already exists, for the Xing is the public prose aaitor. He is so, indeed, in the theory of the law. 'Mu is but the decent homage of the Consti tution to the supreme Magistrate, and, except in cases whore the King':; personal rights or interests are concerned, has no reality in prac tice. So the Attorney-General, as the inone diate officer and legalsrepresentative of the Ring, may be said, next to Majesty, to preside over the whole criminal justice of the realm. In this sense the officers of justice in all our Courts are regarded in law as his deputies—yet in the pro secution of all offences, which are not what are called State offences, or offences. against Penal Laws, touching the revenues of the Crown, or in the prosecution of all high and enormous mis demeanours, such as seditious libels, blasphemy, or gross and flagrant public immorality, he is but the shadowy deputy of a nominal prosecutor. lii high treason the King is the real as Nve:ll as LC minal prosecutor, and there the Attorney-Gel:e ral does the work of a real prosecutor, by taking up the initiative process or justice— exam i n i ng the proofs, arranging the evidensa_drew.i„--L„ the indictinetd, and taking esj - eeial care that. neither through a hick of zeal or industry there shall be a failure of justice. In cases of enormous misdemeanours, such as we have de scribed, this officer has the privilege of supersed ing die functions of the Grand Inquest by filing ex ?if:xi° infornnoions, which put a person in :or iced against to answer the charge in the same manner that a one bill of indictment does. This is the power created and limited by immemorial usage, and a similar power in sonic cases was' possessed by tn. Master of the Crown Office, now so far restrained by the Act of Parliament that he cannot file an ex-oSicio ieformation without the express consent of the Court.— Theis is the' Master of the Crown Office also a public prosecutor, but not such a prosecu tor as the country wants. The King's Ser jeant might also be said to be a public prosecutor, if any inference, with regard to the powers of the Attorney-General, were to be drawn from the proclamation made before crimi nal trials, now a mere formula, which says " If any person can inform my Lords the King's Jus tices, the King's Attorney-General, or the King's Sergeant, of any treasons, murders, felo nies, &c., let him come fbrth, and he shall be heard." Now, if this proclamation showed that the Attorney-General was formerly considered in law not only as the nominal but real prosecu tor, in murders and other felonies, it would show the same as the Judges on the Bench, and the King's Sergeant. But the characters of Judge and prosecutor arc incompatible, and therefore this formula, by proving too much, proves nothing. The fact is it is a mere fiction, like . asking a convicted felon what he has to say why he should not have judgment to die accord ing to law—it being well known that nothing he can say will avail to prevent the sentence passing against him. So if, taking the above proclama tion in a literal sense, a man of plain and simple onderstanding, who knew nothing of fictions of law any more than of fictions of poetry, were to come forth and tell the Attorney-General of ' some murder committed, or suspected to have been committed, and which no parish-officer, no relation, no executor, no anybody else, seemed willing to iequire into and prosecute! what would be the Attorney-General's answer ? He would say, " If you wish to prosecute, employ your attorney, or go to my deputy—the Clerk of Arraigns at the Old Bailey (or other officer, as the case might be) —he will draw the indict ment ; and if the Jury return a true bill, and you wish me to conduct the case in Court, let your attorney leave the brief and the fee with my c'erk." But our contemporary says, " The Attorney-General is bound by his oath of office to take care that the penal justice of the country be administered as far as comes within his know ledge ; and, if it be shown to lion that, without his interference in the Finchley case, there is danger sif a failure of justice, his oath of office compels him to interpose." Now, his interposi tion would be just of that nature that we have described. It would not relieve the real prose cutor of either trouble, responsibility, or expense. However patriotic and disinterested the inten tioa of such person may be, he can only ap proach the Attorney-General as he would the King's Serjeant, or any other Counsel, through the thorny intricacy of the labyrinth of the law, with all the anxious responsibility of a situation in which he may lose his labour, and accumulate • bills of costs on his devoted head. Let us apply this principle to the Fincliley case. There the parish officers, the executors, and others, de cline to take proceedings, because they dread the expense, and do not wish to incur the responsi bility, being apprehensive, perhaps in the event of being defeated, of getting involved in an ac tion for a malicious prosecution. Fearing that this disinclination to pursue the matter any fur ther would end in a failure of justice, we ex pressed our regret that there was not a public prosecutor who would relieve the parties from time trouble, responsibility, and expense of a prosecution. Our contemporary meets this by idol ming the world that there is a public pro secutor, whose duty it is not to relieve the par ties in question from either the trouble, re sponsibility, or expense, of clearing up this case by a legal inquiry. We spoke of an intelligent and responsible prosecutor, who would have the power to commit, now in trotted to Justices of the Peace, or, at least, whose duty it would be to make pre liminary inquiries, and shape the evidence, if there were evidence of an inculpatory nature, for the committing Magistrate. The remedy proposed by our contemporary conveys more of a bitter sarcasm on the state of the law, with re spect to public prosecutions, than useful evidence. In truth, if the law attached such duties as those which the ()Mee of public prosecutor implies to the office of Attorney-General, it would be phy sically impossible for that officer to execute them. We know there is one act of authority which the Attorney-General has sometimes, though very rarely, exercised, that ought to belong only to one who was really a public prosecutor, and that is the entering of a nolle proscqui in a cri ' minal case where the interests of the Crown are not concerned, and the real prosecutor is a pri vate person. There arc sonic instances of the lexercise of this power in modern times, but none I whatever of the Attorney-General interfring in the way we require a public prosecutor to. do, for the purpose of clearing away the mystery of a auspicious case of sudden death, aid p reven ting a failure of justice. It was therefore we suggested that the death of Mrs. Phillips was a proper case for the interference of the Secretary of State for the Home Department, in his cha racter of Minister of Police. It is a case so peetare as to require and justify such an extra ordinary mode of proceeding ; and if, on iayesti e n stien it should be ascertained that the death was not the result of accident, not that a peo batilc cause of prosecution against sonic person or persons aroae on the evidence, then, if the Go vernment chose to employ the Attorney-Gene eat; so much the better ; it could not be in abler hands ; bot we must not confound a Counsel making the most of his case for the party that em pl o/ s him with a public prosecutor, whose only tioty it would be to satisfy the demands of impartial jostice,—Morning Rerald. It would appear from the accounts w:deli reach us, through the medium of the provincial papers, front ditTei . ent parts of the country, that, what with the demand from abroad for cotton yarn, to be afterwards manufactured into cotton cloth, and the demand usual at this season of the year for woollen goods and winter clothing generally, there has been a partial revival of employmeot and huainess in the manufactories and principal market-towns ; and we have much pleasure in giving publicity to the fact : for dreadful indeed Would be die state of time working classes, were they, at this season of the year, to find themselves destitute of employment. We have been unable, however, to discover any thi»g in these state iments of our cotemporaries, to shake, in the ,lightest degree, the view which we took a few Jays ago of the state of the country; hut every thing, on the contrary, to confirm it in its fullest LAW INTELLIGENCE. COURT OF CHANCERY Nov. 16. FELLOWS V. LORD GWYDYR. extent. " At the public dinner, in celebration of the open ing of the Leeds Commercial Buildings," says the Leeds Mercury. " Mr. Gervase Walker, one of the Trustees of the Leeds White Cloth Hall, took oc easion to say, ' that an improvement had already :;:ken place in trade. and that he expected a still further improvement.' fhe accuracy of this obser vation having been publicly called in question, and 'sir. Walker having been referred to the state of own district in refutation of his remarks, that eentleman has called upon us to request that we will say, on his behelf, :hat his observations on the above occasion were trade after due reflection, and that further inquiry has fully confirmed their truth. He. wishes us also to add, that if the state of the cloth ing district, which he represents as Trustee, may be taken as a proof of the general state of trade, it esta blishes instead of refuting his observetion; for, though three months ago, a considerable number of persons of the woiking classes were unemployed, there is at the present time scarcely an individual in the neighbourhood, of sober and industrious habits, without full work. " Mr. Walker did not wish to represent that there was existing any great degree of prosperity in trade ; he meant only to assert, that after a severe depression a revival had taken place, which he and every friend to his country roust wish to see still further extended. The domestic clothiers who have suffered for many years from the extensive use of machinery in large manufactories are, he has reason to hope, at present rising superior to their difficulties, and that valuable body of men, with good manage trent, and - with the economical advantages of their country situations, are likely again to hold a re spectable station in the manufacturing districts of Yolk .hire. The improvement, Mr. Walker ob erves, is not confined to the woollen cloth trick, but has extended to the woollen 3,arn also, and the manufacturers in that line in Llorbury and the neighbourhood are more actively employed at this time than usual in executing orders for the hosiers." Now even this statement, the most favourable that has yet been published, utterly deities that there is " any great degree of prosperity in trade ;" while in the same paper it is mentioned that " certain manufacturers at Meltham, near Huddersfield, are paying the wages of their workmen in shop-goods, which are •10 per cent. dearer titan at Huddersfield, and the poor ope ratives are obliged to be silent, or go without work. Slaithwaite is catching . the contagion, His LORDSHIP also gave judgment in this case. After considering the case as made by Counsel at, the bar and by the evidence, he saw no mason for sup• porting the defence which Mr. Page had set up. lie thought it was not trade to appear that the treaty entered into by him was made with Lord Gwydyr and with nobody else, and that he was therefore bound in eqqity to perform it. COURT OF COMMON PLEAS, Nov. 16. STANFORTII V. LYALL. Mr. Serjeunt STEPHEN moved for a rule to show cause why the damages awarded by the arbitrator in this cause should not be increased from nominal damages to. 5001. The plaintiff was the owner of the Sesostris, which was chartered by the defendant for a voyage from England to New Zealand and back, he binding himself under a penalty of 5001. that his agent should put a full cargo on board at that place. The agent was unable to fulfil this con dition, and the vessel was taken to Batavia cn her way home. She there procured a full cargo, from which the plaintiff derived considerable profit. The action was brought for breach of contract, on the part of the defendant, in not shipping a cargo at New Zealand ; and the defendant contended he was en titled to set off the profit derived by the plaintiff from the cargo shipped at Batavia. The question having been referred to arbitration, the arbitrator allowed the defendant's claim of set off, and gave the plaintiff only nominal damages. The Learned Serjeant was proceeding to argue that the arbitrator had acted mistakenly, when The LORD CHIEF JUSTICE observed, that as the question was one of great importance, it would be desirable that it should receive the most solemn con sideration of the Court, in the shapeof a special case. The Learned . Counsel on either side having no objection, the suggestion of the Court was adopted. and Howley, Almondbury, atlton, and other places, it is feared, may be driven to follow the pernicious example." This is tantamount to saying that employment is not yet sufficiently abundant to enable the workman to denund his wages in the current coin of the realm, and that. though he nominally receives what might appear decent-wages for the exertion of his industry, the manufacturer is obliged, in order to pay them, and secure a remuneration for his capital, to have recourse to means which leave in his hands 10 per cent of the whole sum. • This is anything but " a revival of trade," or an " abun dance of employment ;" but copying still from the same paper, we find in it, under the head of " Turn out among the Farmers," the following rather startling announcement : " We stated," says it, " in our paper of the 10th ult., that a great number of the farmer;, finding it impossible to pay their present rents, had intimated their intention to quit their farms, and that one landlord in Cheshire had, in a single week, received notices from twenty-four of his tenants, of their intention to quit at the end of their year; this ex ample is spreading, and a gentleman who represents ' one of the oldest families in Lincolnshire, has re ceived notices from nearly forty of his tenants, of their intention' to quit their farms from their inca pacity to pay their present rents." In another part it is mentioned that " the defalcation in rents will, it is supposed, prevent many fami!ies from visiting London this winter," and we do not in the least doubt such being the result ; for the contraction of the currency by the suppre,sion of the stnall notes, has not only added greatly to the rents of all those who had contracted with the landlord for money payment, and, by injuring trade, diminished the consump tion, and, of course, also the prices, of agri cultural produce, but deprived them of that ae cominodation and those facilities in obtaining loans from country bankers, which saved many from bankruptcy during a temporary pressure of distress, and tended to alleviate the burthen of more permanent calamities. The accounts Of the cattle markets in every 'mit of the country, amply prove the fall in the farmer's receipts ; while it is rather under, than above the mark, to state, that by the contraction of the cur rency, full twenty per cent. has been added to the rent payable by the farmer. We make these observations, not for the purpose of aiding to the already gloomy state of our markets, but from the more laudable motive of preventing rash and ruinous speculations. At every similar season to the present, when a partial revival of business has succeeded to a severe depression, there have never been wanting hundreds of indi viduals with more money than wisdom, who, speculating on a continued rise, have rushed into the market—needlessly raised the demand for labour, and the price of goods, for a season, and afterwards discovered, when failure and bankruptcy had overtaken them, that the im proved market on which they calculated was no where to be found. Now we are desirous of impressing on our readers that there is nothing in the present state of trade to encourage specu lation—that the only safe business is that which passes almost immediately from hand to hand — and that those who attempt to do it on other terms, attempt it at the hazard of all that they may embark in it.—Morning Advertiser. COURT OF EXCHEQUER, Nov. 16. THE NEW CUsTo3I-11oUsE. HENRY PETO U. TIIE ATTORNEY-GENERAL, This cause, which had been postponed on ac count of the Court not being full, came on by ap pointment this morning. Mr. PEPYS (on behalf of the plaintiff in equity, Mr. Peto), rose to support a motion for an injunc tion to restrain his Majesty's Attorney-General from proceeding to issue an execution upon a judgment obtained against Mr. Pew in a court of law. The judgment itself was now of two years' standing, and yet the law officers'of the Crown, who had thought it advisable to let it remain in abeyance so long, now wished to sue out execution. Mr. Pepys then pro ceeded, before he went into his own case, to detail the whole of the proceedings from the commence ment. In 1812, advertisements first appeared, call ing for tenders for building the proposed new Custom-house according to plans and specifications then to be seen in the office of the Custom-house Secretary. Mr. Peto, among others, sent in a tender, which was accepted, for completing the work for a sum of 165,0001., of which 153,0001. was for the erection, and 12,0001. for piling. A bond was then entered into between Mr. Peto anti Mr. John Miles, who was joined with him, and the Commissioners of the Customs, and the building was stipulated to be completed by March, 1815, provided possession of the ground could be obtained within a given time. It was also stipulated that Mr. Peto and Mr. Miles were to provide good and sufficient materials of all kinds necessary for the work; that the materials were to be subject to the inspection of the Surveyor of the Customs, or such other person as the Com missioners should direct, and that the Commis sioners or their surveyor might order extra work to be done besides what was stated in the specifica tions, or might order less, the valve of which should be added ;o er deducted ft om the amount of the con tract as the case might be. The piles were directed,ac cordimg to the specifications, to be driven not less than two feet under the stratum of hard gravel. This was the nature of the contract into which Mr. Peto entered, It appeared, in the plans exhibited to Mr. Pew, that there was a s:ratum of gravel five feet six inch e s under the surface of the earth, and the piles being to lie cerried two feet into the gravel, the piles would be seven feet six inches, and allow ing a foot and a half waste for driving the piles, made the length of the piles nine feet. This was according to the plans, though it was denied by the other side. When Mr. Pew began to open the ground, instead of a stratum of gravel, nothing but old walls, the ruins of decayed wharfs, &c. were found, and also mud, which had formerly been part of the bed of the river. Mr. Laing, the sur veyor to the commissioners, then reserved to him self the power of directing that the piles should be driven differently, as it was impossible to drive them according to the plaits. Under Mr. Laing's directions, therefore, the alterations were made, and the building eventually completed, though in a dif fin eat way from that specified in the plans, as a proof of which it was only necessary to oloserve, that instead of its costing only 165,060/., the origi nal araount of the contract, it cost 371,2351., to such an enormous extent were the provisions of the contract departed from. In 1817, the building being then completed, Messrs. Srnirke and Browne were directed by the Commissioners to examine if it was completed satisfactorily, and they, on the 19th of December of that year reported that it - was. On the I Ith of May, 1820, Mr. Laing re ported the amount of Mr. Peto's claim, which was 371,251., of which sum 315,7731. had then been paid. Baron VAUGHAN—Was it on the trial contended or conceded that Laing had any authority to order the alterations ? Mr. PEPYS said that was one of the wain points in dispute. However, there appeared still to be due to Mr. Peto 55,4621, which was to have been im mediately paid, though in point of fact, 13,7601. more was due, but would not be insisted on ; its it • was not paid, of course Mr. Peso's demand was now 69,2221. In 1823, Mr. Pcto offered to refer the mat ter to arbitration, but that the Commissioners refused to agree to; he then proposed to have an action brought, which was agreed to, but after the case was set down for trial, the Crown officers withdrew the record, 011 the ground that the Commissioners could not be made personally liable. While Mr. Peto was thus strug gling to obtain a settlement, two of the piers of the, building in January presented symptoms of decay , 'I:11E BITER BIT.—On Wednesday last, a and gave way. One point in this case was what dashing traveller, with a horse and gig, called at the house was the cause of this failure ? The earth was then of a country gentleman, six miles from Nottingham, and cleared away, and the foundation exposed to the tfftred sonic woollen cloth for sale. Ile succeeded in view of any persons to explore it; upon which Mr. making a bargain, and received four savereigns ear a piece, Peto even then agreed to a reference, which was which he said cont.tined seven yards ; but on examination, refused. In Trinity Term, 1825, the Officers of the Crown instituted two proceedings, one against after Lis departure, fi:und to measure only three yards and Lain g for improper conduct and neglect of his duty, a half! This was too gross a fraud to he passed unno ticed, consequently the circumstance was made known flcias against Mr. pet°, survey and architect, a n d the other was a tcire fur the forfeiture of his without delay to an active / °astable, who immediately bond. In action against Mr. Peto were eleven went in pursuit, and succeeded in about an LOW' and a issues. ith these Nin es the case went to trial be • half in meeting flee traveller at 2outhwell. On being W asked if he had not just sold "MC woollen cloth to a lien- fore the Lord Chief Baron, and the Jury found for tlernin a few miles off, he replied, "Oh yes, nail I have the Crown only on tire first issue, and for the de woele a mistake." He eras then requested to return in fendant on all the others. An application after ii ' p ro pria persona, but 1:e alleged that his bory was too wards was made for a new trial by bsth parties, and much fdigued. Finding, however, that he must return , lat length the Clown Officers entered up judgment lie at length engaged a post-chaise, in whicb, with the on th e ground that M r . P e to hail no authority to constable, he was conveyed to make the aavude honour- depart from the terms of his contract ; it was that able. On arriving at the house, he euleavoured politely which compelled Mr. Peto now to come to this .." - ' o ttrt far an injunction. .after detailing still fur- to ap(degise for the mistake be had male , and sans eere await returned the four sovereigns, in fle expectation that of his ea s e , the Learned Counsel was he hhould the-rehy be allo , ..'ed to depart in peace ; hut, un fortunately for hiat, ;:s it often happens to others, he le a d sezucely g,;,t cut of one difficultY etc another met him, for I Mr. Baron Gattnow (it being past three o'clock, i t i l :t e t t : rr t l i :T e rti f T . C.l et hy having been apprehended by Mr. LOVETT, inspector of and the !ferried Couesel having begun his speech H aw k e r,' Licences, he was requested to produce his at eleven 0 clock), who asked if Mr. Pepys would (Trice . Here he fell short again ; and after some hesita- be long before he concluded, as Mr. Baron Vaughan tion, he confessed he had not get otie. This again COllld was obliged to leave the Court. The SOLICIToII43PNERAL must beg. to inform not b.t! suffered to pas un noticed, and information being immediately ]dill before Roam PaDLEY, the yen- Mr. Pepys, that when lie (Mr. Pepys) should have stated his case, he intended to take an objection to tienern was vonvicted in the penalty of 101., for having the_jurtsutetion of the Court in this matter exposed for sale a quantity of cloth, without being duly. - . _ u , I , IIF.F c, BIRON—Wbat is your ground licensed. The money was instantly paid, and he was suf fered to depart, under the consoling reflection that " ho nesty is the best policy."—Sheffidd ../I frorg , The NAteiToß-GENERAL declined at preient, with permission, to state it, but he only wished to give the other side notice that, at the conclusion of Mr. Pepys's speech, he intended to take the objec- Mr. PEPYS declined to go on any further at pre sent, and the further healing of the case was post poned until to-morrow (this day.) . . It is very probable that the case will occupy► se veral days, unless the Solicitor-General's objection should be held to be valid. NAPOLEON'S PRESENTIMENT RE SPF.CIING RUSSIAN AMBITION. After the capitulation of Ulm, Oct. 1805, the seventeen Austrian Generals, with Mack at their head, were presented to the Emperor. It was a painful sight. They bowed respectfully, and preserved a solemn silence. Napoleon addressed them, saying— " Gentlemen,—l feel for brave men like yourselves, who have become the victims of the stupidity of a Cabinet which indulged insane projects, and which feared not to compromise the dignity of the Austrian nation by bartering the services of its Generals. Examine the con duct of those who have thus committed you. What greater iniquity call there be than thus to fall upon me without a declaration of war, and to seize me at the throat ? Is not this injuring the people, to expose them in this manner to a foreign invasion ? Is not this betraying all Europe, by mixing up Asiatic hordes with its affairs ? It would have been good policy for the Aulic Council, instead of attacking me, to seek my alliance, and to drive the Russians back into the, North. This alliance of your Cabinet will, to all eternity, form a monstrous blot in history. This is an alliance between the dogs, shepherds, and wolves, against the sheep. Such an idea could not have proceeded from the head of a statesman. It is a fortunate circumstance for yourselves, too, that I have not succumbed during the unjust struggle that has been called forth, otherwise the Cabinet of Vienna would soon have found out its error, and perhaps it will pay dearly for it some day or other."—Vol. vii. p. 37. Napoleon wanted to dictate his conditions be fort. the issue of a battle (that of Austerlitz, 2d December, 1505), the success of which could still appear to be doubtful to the young Emperor of Russia; and these conditions were already the same as those which he could impose when victory had crowned our eagles. By proposing what he well knew could not be consented to without dishonour, he gave himself the air of a pacificator, and secured to himself the pleasure of a war. The Duke of Rovigo proves wide signedly what I have advanced, by relating the following words of the Emperor Alexander : " It would be requisite that the preceding pro positions were in conformity with the sentiments which have dictated the steps which your master made with me. This step does the greatest honour to his moderation. But is this to be called a desire of peace, to propose conditions that are of so disastrous a nature to a State as those offered to the King of the Romans ?" 4 ' (the name by which Alexander designated Francis II.) At this epocha (November and December, 1805), Prussia wished to occupy Hamburg. 'lbis measure was strongly debated in the Cabinet of Berlin. But Russia, though very desirous of aggrandising herself, would not con sent to the aggrandisement of other Powers, and therefore opposed it. The business, conse quently, proceeded no further ; and perhaps this very circumstance contributed most powerfully to `,he neutrality of Prussia.f —P. 61. * Russia seems to have dictated conditions equally dis astrous to INfahtnoud at Adrianople. She therefore can not be desirous of peace with Turkey, but must seek her extinction.—Page 53. t Russia seems to have remained faithful to this part of her political catechism. She neither wants England, France, nor Austria, to seize any part of the spoils of the Ottoman Empite, whilst she herself grasps as much as possible both in Europe and Asia, and secures 'to herself the quasi exclusive; navigation of the Bosphorus and Black Sea, all under the pretence of securing herself against the recurrence of former injuries her subjects pre t,,nd to have received from the Turks. According to the late Marshal Prince d' Ligne, it was the maxim of Cathe rine H., Quand it s' alit de coups, it rant mieur d'en dormer que den reeet'oir." (When hard knocks are about to he dealt out right and left, it is better to give than to receive.) It stems that the present Emperor, her Majesty's grandson, is of the same opinion ; but that pas sive obedience has become the watch-word of the Cabinet of St. James's.—Bourienne's Memoirs. • ROSES AND ONIONS.—A German gardener declares that he has found by experience that an onion of the largest kind, planted near a rose-bush, gives a more agreeable and exquisite perfume to the roses. COAL versus COKE !—" I will sink to h—ii, but I will have coal," said a disappointed mining specula tor, not a thousand miles from Sunderland, to one of his workmen, as be 'stood upon time bri.ik of the barren excava tion! " Sir," observed the humble and canting operative, in reply, with a. visage of most portentious solemnity, and drawn out - of that ludicrous longitudinal expression of pu ritanism, so c haracteristic of the saints of the present day, " if von sink that fir, you will find nothing but cinders!' —lsurhant Chronicle. An act of suicide, of the most melancholy ' and afflicting description, took place yesterday, at a house in Wilson-place, Gray's-ion-road, the principal cause of which, at present apparent, was disappointed affection and blighted hopes after the appointment of a wedding-day. The unfortunate victim was named JANE BRYAN, about 20 years of age, respectably connected. For some time past she had lived as nursery-maid in the family of a pru fessit,nal gentlemen residing in Guildford-street, rear the Foundling, where she was occasionally visited by a young man, to whom, as she inform«l her fellow-servants, she should soon be married. Suddenly, however, a great change was visible in her behaviour, and her spirits, which were buoyant and lively, became•depressed. Some days before she felt her place, she told a female friend that she had been informed that - kept company with another young woman, and that they bad been asked in church at St. Pancras This distressing information, it appears, induced her, in a moment of phrenzy, to swallow a quantity of oxalic acid, which she had obtained, and which terminated I:er existence. After taking the poison she complained of being ill, and the symptoms becoming very alarming, Mr. Hoetuas, a medical gentleman resid ing on the spot, was sent for. To him she partly acknow ledged what she bad done; a nd the stomach p um p and other remedies were imn:ediately, but ineffectually, applied. We extract the following extraordinary story from ti e Austrian Observer :—" There is residing at Nuremberg a young man, named Casea.r. HausEa, and his strange and peculiar destiny has rendered his name celebrated throughout Germany. Persecuted horn his most tender infancy by an unknown enemy, and plunged by him into the greatest miset y, without parents, without family, he was fortunate enough to excite the solicitude of the town of Nuremberg, where he waa lit ought up free of expense, and found the Ricans of obtaining an honourable rank in society. lie began to believe that his misfor tunes were at an end ; but the unknown hand which had put sued him from his infancy again sought after its victim. On Vat 17th of October last he was surprised by the ad pearanee - of an individual, disguised by a black mask, who knocked him down, struck hint several blows on the head, and left him insensible on the flour. He remained in that state all night, and it was with difficulty he was brought to his senses. He was attacked with a violent fever, and in an agonize,' manner cried out continually, Take away the black man, lie seeks my life!' It was feared for some time that his wounds would be fatal, but he is now getting better, laid it is hoped that his life will be saved. The plice of Nuremberg have made every effort to discover the mysterious individual, but hitherts without success." .....jf e soager des (Thembres. •tion. WONPEIUuL ESCAPE FROII, A Massachusetts Paper, the 'VerveBlcr Spy, rub . 'kited near the spot where this remarkable trans' action, happened, is the source from' which 'we 116 ' rive the subjoined narrative Friday, the2 s t, ll of September, a thunder 'shower passed over the north part of this county, which did considerab le damage in its course. In Harvard an instance: 9f preservation from the effects of lightning took plat'g' which is one of the most extraordinary that we re collect to have heard of. Adjacent to the tput- buildings of Shadrach Hapgood, the lightning strui.,l( a stack of hay, and descending by the pole in the centre it divided half way down, and one portion passed out through the side of thestack into the end of a workshop adjacent,which contained in one part a considerable quantity of hay. On one side pf the shop, at a little distance, stood a cider ruin, in which there were at the time eight persons. A yoke :of oxen, standing between the two building 4; Were struck down by the lightning, and one of theM killed instantly, and the other so badly injured as to be pf little value. From the oxen the fluid passed into the cider-mill house through an opea,Window. The horse, which was grinding in the mill, Was s truck to the ground. Three boys, who were standing oa the side of the mill next to the window, and on e who was cleaning the pomace from the mill, were thrown by the concussion of the air entirely over t:be trough into a heap in the horse's track, on the other side, a distance of ten feet. Three of them wtgre considerably stunned. The fourth - soon arose; 11 4 perceived the horse just getting up. As SOO al the horse was on his fret, he sprung forward with great violence, and when he came to where the h9Y 6 lay leaped over them. One of the traces, which hall. unhooked from the whiflletree, caught the 0. 41 ' t 11 one of the boys, and dragged him several feet , the horse was stopped . by a young man who WAS present. He was somewhat injured, though not, severely. All the others present -were well t he next day. Sufficient help being at hunt( ;befire , i o tl - P hay was soon extinguished. No essential .51*1 mage was done to the buildings. ,Two of the boy! above named were sons of John Blanchard, to whtli the oxen and horse also belonged. We had the n!ir, rrtive directly from him. He is an intelligent and respectable man, and his account of this e xtTs dinary occurrence is entitled to full confidence. LONDON MARKETS. PRICE OF BREAD. The highest price of Bread in the Metropolis is la fo. 41b. Loaf. There are others who sell from ;ti d. to 1!4(1. Doi that price. PRICE OF SEEDS.—Nov. lit. New English Red Clover Seed (per Cwt.) 425. 525. fine 58s. eti: Old Ditto Ditto----...«. --a. .—s. fine ... 4 . "--,,,, New Foreign Ditto— 44s. 50s , file 60i. Old Ditto --------- _ . . 30n. 40s. fine 50s. .--, New White Clover ,_ 405.. 16 . . fifinnee .... 6 70d , .....:: Old Ditto Ditto------.---..---. 60g. ;og. tine bt15..1 2 , New Trefoil —.. l2.s. 246. fine 30*. , Old Ditto Rib Brasg -- English Carraway Seed Foreign Ditto «-e.....- --.--» .." ..8 ...4 . Criande----- St. Foin ---....--.....(per Quarter)--- -- -,.. - -5 3 .. —6 410:". ...3 "f1 ; : 5 e 1 . —44 fi 1inn t::: 49'...4.;."1. Rye Grass -- _ 20s. 38s. new — 4, , I . Paccy Ditto Linseed, for feeding ..............,, —a. 38s. fine ...4. #4. Ditto, for erus.hing—... —a. 41s. 425. doe As. Canary Seed, New..........—......---..-- —s. 425. fine •••••• ::: 4 . Ditto 01d.... .............*. ..1. •••••••5. .... 4 . t ine ~g, White Mustard Send_(per Bushel),.-..Gs. o*. 9a. Cd. fin e . Brown Ditto .------..--..---......... --.d. Slo.. 14s. 11 1 - i o, Turnip Seed..., h0und5........ ....._ ...41. IVg. fin e :41. Green and Red Ditto Tares, Old Ditto New. Rate Seed, :A L 40S• bnC 496, fine 41/. iiew . 1. FOreign2l3:/# rItICES OF HOPS.—Nov. 16. 7! 61 l og o,: e1., 71. t t o . 1 8 01 1. 81. Os. to 91. 4 . - 04 Us. 131. Os. to 1.%: 1 ; 01. Os. 101. Os to IN -61. 6s. 11. 10s. to 84 or. og. cu. 15 1 . to V; u s . et. Os. 71. O. to tent Pockets ••••••••••••••••••• fsex Ditto litsex Ditto •WW0 , 44*.1.W0 iaLliam Ditto, Seconds Kent Mugs Ea' 4ex Ditto Sussex Ditt( PRICE OF PO'IATOEh.J-Nor. to p. New Ware bs. to V. PRICE OF OIL. 1 0 6 Rape Oil, brown 411. 6s. ---- Retired 10 Linseed Oil -- - •II 11 Linseed Oil Cake at the Mill, per thousand b ousan Pale Cake, pet tun eeno••••••••••••••••••••••••"w"...........r........ows riticEs OF Ll , ;Arli Et. la Q. Per lb. d. t d. Per d. 8utt5......-50 to :,61b... 131 o 19j Tanned Horselb. Hides-. 16 Diltu.-..-60 to 661 b.... 21. 22 Sp•rnialt Ditto ............1 2 Dressing Hide 5.............. 11 16 Pee dozen. Fine Ccaeli blides —... IS 11) Ca IrSkint.;3 6.lo lab: 16 5° Crop Hides, 33 to 401 b. 141 16 Oil to .......... 50 to 71/1b.'23 a, Ditt0....—....45 to 5011) 17 19 Ditto ..... 70 to 801b.-20 P 2/ Ditto ---- /1/ 2011 S ma ll Seals, Grietila nd2o ---=-.----- Wl' ITECII APE/. HA Hey —.....-.... 304. Od. to 90s. Cd. traw..-- ,y MARKIM—Noy. -----___—_:___-- -_---------- • RA W HIDE .„,i • ti• 6 Per Stone. 3.4. to 6. ti. Per Stone. 11. -0 6 lv* Best heifers & Steen:3 4 3 fl Ordinary .-----..... 2 t i ,h, Middlings......--- --a WooL., SHEEP SKINS. 2 4, (S. Os. 0:1. toes. I. Is. SI a Is. Od. to Is. SI. COAI. MARF Adair's HeMourn Main ....... . 33 0 32 0 Killingworth ...-----. 33 4 Kenton Wert..... . „ 32 0 Lidtleil's 29 3 Ord's Itedhugh ----. 26 6 Pe,aw 32 0 Percy East 28 0 PontopWintlsor, ..... 29 0 Shipeote-- _ '29 6 Tantield ---,—. 31 0 Tantield Lea 3O 0 Townley--- 3O 6 Willington . 32 6 Wylain 32 6 WallsF'aidliewicke&Co. 34 6 Ditto Bell Hobson Co. 31 0: Wall:Etil 8r0wn'5..,..,. 33 0 Ditto liensliarn ... 31 6 Walls End Boundary ... 'A 0 Ditto Clarke anti C 0..,. 31 6 Ships at market, 103%—Sh ET.—Nov., 16. i a g ,3. 4 ' Walls End Nwm earth.! :';) 6 Ditto cl E ir n oat d C isnii,ui a nr r g...._,_...... r t a n i n...... t 6 Ditto Co. : Ditto .1", 6 gg Ditto Nottlumiberland 9 Ditto Perkins and C 0. ., atto II b g Ditto Russell's Ditto Wallssl ' l l Lambton's Primrose '; Russell's Lyott's....--;,,' f, Walls End kletton..” , •"' gfi 1i Walls End I Walls End Sitnvar,l' s tf.9,5 5 Hetton • fro 6 Cow peu • • tt 0 Hartley 3 6 lv (I W. E. Henderson 91 0 Tyne small 9 0 Walls End small ••••••5, L ps sold. 57t4--.tinsc.l. BIRTHS. On the 16th inst. the lady of John Kruger, '4‘ olin's-wood-ro id, Relent's-park, of 4 Son. On the 16th inst., Mrs. Moon, of 'Duca of a son. 1 nof On the 14th inst. at their residence, Ash-111,6r06 Yeovil, Somerset, the holy of the Rev. Georg 3 of a son. MA. ~ On the 16th inst. at Dover, Mr. J. Denbigh t° of eldest daughter of G. Fernie, E•o. On the 14th inst. at Lee, S. K. Kinglit° n ' !loll' Walworth, surgeon, to Miss Bury, daughter of 1 ‘ . EVI. of New Bridge-street, Illael;friars.. t 1 . 1 9 j r On the 17th Met. at Missenden, Backs, J. Kenn e i t l iou , ris, Esq. of Broad-street, Bloomsbury, to Bliss Ai" of the forms r place. DIED. ' fiti•, On the 15th inst. Lady Barrington, wife of s i i r 1e O f william Barrington, Bart. of Swains t on , in the ' Wight. 11° 4 t On the 14th inst. at Brighton , Emily , eldest hing, e of Mr. J. S. Winstanley, of Chester-terrace, 134 g I V park, aged 13. On the 14th inst. at Mansfield, aged 70, 341'76 .0 , wife of W. Broadhurst, Esq. r SO On the 14th inst. Mary, the wife of-Mr. C . mapseller, of the Strand On the 16th inst. at Tottenham, John Cha lin' p A' in hi 71th year. •So te4" On the 15th inst. Mr. Richard Hamer, o f Kenn' t o aged 56. e q .I° l ' . On the 15th inst. Mrs. Jane Landoll, 0, -I- f Southwark, aged 71. 0 4e°, At Vienna, Constance Catherine Sophia Smith , ~ , ,f' John Spencer Smith, Esq. F.R.S. late his 13ritsonralcirerg' jesty's Envoy Extraordinary to the Court of W'u te end M. w .l'. for the town and port of Dover. tboeo Itwithi feelings of deep regret we have to ' fi f t h 'io death of the Hon. Eric George Sinclair, 1t.N.?„1,„?,,,, of the late, and brother to the present Earl of CA: . ; pre'',, the 28th year of his age. lie had early forme ° - L a c°• - i : lection for the navy, and his promising talent' sit-terini, duct in his profession led to hopes of the protoleo hug nation. He bore with a noble spirit and Chrisn:ligisn; tude an illness brought .on by his services in l' °' bile ° ill and was suddenly carried off by inflammation, 16'1,101.'her visit to his friend, Temple Sinclair, Esq., of s ', ) ,, v trn w .k; the county of Caithness, on the 26th day of " - ,' t 01':;.5. 4 1529. The undisguised regret of his friend" l' e freo f the value and esteem in which he was bela.- -- Courier. . 0 Alith RRIED. F ~ ~~, n 10 V r P 11111271 AMP PUBLIVILILD IT MIIRD Ii - 04 0 Ovi Ofriss, *WO;