The Sun. — London, England, 1829-01-20 00:00:00

,• - ning him ? Now here it is where English jus tice always leaves us in the lurch. One minute in the life' of a man of 56 years is selected as the foundation for a criminal prosecution. — The officers find him with the instruments before him. The whole character of the act depends on the animus of the party committing it. We know, for instance, from the case of the poor Irishmen, whom Vaughan, some years ago, contrived to employ in coining, that a man may be coining, and have all the while not the slightest idea that he is doing so, or doing any thing that is wrong. The whole light which the Jury had to guide them respecting this most important point—the ani mus of the prisoner—was the statement of Mr. Powell—that " he had reason to believe that the prisoner was not entrapped into this, be cause he knew his connections." Here, then, was one clew. Let us see what advantage was taken of it : " Mr. Clarkson (the prisoner's Counsel) —Well lam glad I have got that out. Now, I will ask you, what are his connections ? " Mr. Justice Park refused to allow the question to be put. " Mr. Clarkson—Does your Lordship believe that if the Mint could show that the prisoner's connec tions were bad, they would not do it ?" A number of witnesses gave the prisoner a good character. Mr. Justice Park " fully exonerated Mr. l'owell from all participation in the wicked and diabolical conduct of the party hho had given the informa tion which led to the prisoner's apprehension. It appeared to be a contrivance on the part of that InitlP to entrap the prisoner into the offence, and to make it appear he was a coiner." After all, this conclusion was rather come to from the good character given of the prisoner, and the absence of all evidence, except the mere detection of the prisoner with coining apparatus, than any thing like certain knowledge. The object of an English criminal trial is not, in the least, the discovery of the guilt or innocence of a prisoner. The object is a sort of combat be tween prosecutor and prisoner, conducted accord= ing to certain rules, of the most arbitrary cha racter, and the public are invited merely to see whether the fight has been fair. " We had a fine run yesterday," says the fox-hunter. The chace was the sport to the hunter—the trial is the sport to the lawyer.. The Judge takes care that the Jury shall not know too much, and the Jury, on certain isolated Acts, pronounce a judg ment of Guilty or Innocent, without having the slightest ground to warrant them in inferring either - guilt or innocence from anything that comes .. before them. The wit of man could not devise any more effectual means for destroy ing innocence and setting guilt free than an English trial. From first to last, it is an elaborate contrivance to prevent the discovery of the truth. The Jury are constantly guessing, infer ring guilt where is none, and interring innocence where there is guilt, from the consummate pains taken to place guilt and innocence on the same footing. When the feelings of the Jurors are interested against a particular offence, they jump to a verdict of guilty, and when their feel ings are the other way, they jump to a verdict of innocence. They know that they are con stantly mystified—that very little of the case is suffered to come before them, and hence the dreadfully arbitrary manner in which the fate of men is disposed of in this country. Any man who attends to verdicts knows that there is often no connection between the evidence and the ver dict, and that a man is really found guilty of that for which he is not tried. Had Smith, who was tried at the Old Bailey on Saturday, been tried before a less earnest Judge than Mr. Justice Park, (who, take him all in all, is perhaps the best criminal Judge in England), the Jury would have found him guilty, not because he was really guilty of that for which be was tried, but because he was an immoral man (for morality in England is summed up in affairs of the sexes), and set all decency at defiance. Long after it was evident that the evidence was throughout rank perjury, did.the Jurors stick to the prisoner with a sin gular pertinacity. If it wet e wished to discover the truth, the first etep unquestionably would be to interrogate the prisoner with respect to the acts which form the foundation of the charge. If William Johnston, for instance, had been ex amined, his statement of the transaction cowl have been analysed; and subjected to the ne cessary tests. The whole hinged upon his hav ing been a coiner, or his having been entrapped by the Mint. Nothing could have been more easily discovered than this ; but this was the only point which it was determined not to discover. Mr. Powell may, by the Eng lish law, be perfectly blameless ; but had this trial taken place in any other country than England, what Mr. Justice Park said would have been deemed arrant nonsense. It would have been deemed the duty of the prosecutor to know something mere of the prisoner than that he was detected in a certain act. It would have been deemed incumbent on- him to shew that the prisoner was entrapped, and yet that he the Soli. citor, was innocent. It would have been deemed .the very essence of the matter, for the Solicitor to shew on whatgrounds he came to tile determi nation of placing a human bell in peril of his life, which constituted a justification of his conduct, separate from what appeared in this trial. We fear there are laul doiugsj ust now with these Mint entrappings. On Wednesday next, a poor man, James Coleman, is to be exe cuted for a similar crime, on evidence which we should wish to see looked a little into. The trial was on the Bth of December last, and the case was not reported in the newspapers, though a fall report of it is in the Sessions Paper. We know that much finesse must be used in discovering coiners ; but unfortunately this opens a door to this abominable system of entrapping .silly people in order to enable informers to get blood-money. We will endeavour to give an ac e-aunt of the trial on Wednesday morning; though it may then, unfortunately lie too late.— We would give the report now if we could. In the second volume of the Memoirc of Vidocq, which forms Vol. 26, of Hunt and Clarke's Autobiography, there is an secant of the direee tions given to Vidocq by M. Hurry, at that time at the head of the Police of safety in Paris, which our Solicitors of the Mint, and all who employ informers, would do well to reflect on. Remember well (said be to Vidocq), that the greatest scourge of society is he who urges ano ther on to the commission of evil. Where there are .no instigators to bad practices, they are .committed only by the really hardened ; beciuse they alone are capable of conceiving and execut ing t h e m Weak beings may be drawn away and excited, to precipitate them into the abyss, it frequently requires no more than to call to your aid their passions or self love ; but he who avails himself of their weakness to procure' their de struction, is more than a monster ; lee is the guilty one; and it is on his head that the sword of Justice should fall. As to those engaged in the Police, they had better remain for ever idle than create matter for employment."—Morning chronicle. That France and England are the two princi pal Powers in Europe cannot for a moment be (1,2 ibted. if; instead of that perpetual rivalry which has existed between them, a cordial union had been heretofore witnessed, half the san guinary wars which have desolated some of the finest portions of the earth would never have taken place. Thirteen years of peace, however, have passed away between these two countries,. which appear to have ripened and matured a friendship which, it is to be hoped, is not likely to be broken. Mr. Canning tried his hand at rendering them joint belligerents—an experi ment which, judging from the result, had better have been let alone ; but, if we mis take not, both the Governments and the in habitants of each—the former taking, as they should do, the tone froth the latter— have no disposition to break through that line of mutual amity and advantage, which every day's improvement and experience speaks the value of. Much as the late Lord Londonderry was condemned, both at the time and since, for the terms of the Treaty of Paris, it cannot now, we think, be denied,•but that it has at least the one rare merit of having left fewer germs of discord behind it than any pacification on record which had such discordant interests to reconcile. Indeed it would be diffi cult to show that any just ground of hostile ri valry now exists between two countries, one half of whose history, for centuries, consists_ of little else. The battle of Waterloo, in this respect, worked a new era for the world, and has been more decisive than any similar event of ancient or modern date. Such being the state of the two greatest of modern Powers towards each other, the rest of Europe is entitled to look up to them for the same advantage towards them selves. That which is the interest of France and England, in particular, must be the true interests of all ; and, though the injudicious use which has been made of their union in the Greek affair may have, in some • degree, palsied their efforts, by impugning their impar tiality, yet Russia must by this time have learnt that they were her Allies only up to a certain point ; and that, in her private quarrel with the Turks, neither England nor France is her abettor or her' approver. What precise tone the diplomatic :Tents of these two Powers have held towards the Government of Nicholas, the public of both countries have yet to learn ; but common justice, as wed as policy,. demands that having held a high tone towards the Porte as regarded its disputes with its own subjects, the Greeks, .on the ground of the injury which those disputes entailed upon other States, they are equally called upon to resist a more extensive warfare, which entails consequences so much inure ex tensive and serious upon the relations of the world, and upon the intercourse of nations. We are not without hope, therefore, of seeing France and England the pacificators.—Morn. 'Herald. The Marquis of Anglesea, it is said, was to leave Ireland yesterday, and he leaves it with the regret of nearly six millions of its population, and, we believe, we may add with the unfeigned respect of all parties, with the exception of the very few whose hopes of being permitted to op press and plunder the poor people of Ireland were so unexpectedly dieappointed by his liberal and just administration of affairs. No one, in fact, could have held the reins of Government in Ireland with more equal and impartial sway than the Marquis of Anglesea ; and if he has acted imprudently in communicating his sen timents on the Duke of Wellington's letter in such forcible terms, surely dome allow ance ought to be made both for the insult which was offered to him as Lord Lieutenant, in withholding the sentiments of the Cabinet from him ; and the still greater disrespect which was manifested in afterwards making them known through a Catholic Priest. After such conduct the Marquis of Anglesea could not have been expected to remain in Ireland—much less to have communicated his sentiments less freely than the Premier had done. In the meantime WO are assured from all quarters that the Govern ment experiences the greatest difficulty in finding a suitable successor. Lord Melville has declined the office of Lord Lieutenant, and we . have heard that Lord Amherst, to whom it was also offered, hes likewise declined it. It is not, in fact, a tempting bait to any one ; for while it is all but impossible to pursue a middle course, any leaning to one side or the other is certain of kindling the flames of discord, and exposing the Lord Lieutenant, whoever he may be, to all the taunts and revilings and sinister intrigues which the bitterness and malevolence of party spirit can invent, In the meantime we cannot refrain from lamenting the conduct of the Catho lic demagogues as pregnant with more serious evils to the tranquillity and pro sperity of Ireland, and even to the cause which they profess to advocate, than that of the most inveterate opponents of Emancipation. What benefit, for example, can accrue either to the Catholics as a body, or the cause of Catholic Emancipation in particular, from Mr. O'Con nell's declaring at a public meeting, that " it would be a pleasant thing to see some five or six dam bloodhounds," (meaning the opponents of Emancipation), " marched off to Botany Bay 1" from designating the same persons as "a bloody, an infernal, an infamous faction ;" from declaring their sole object to be " rapine, plunder, and assassination ?" There is no ground for adopt= ing such language, and if there were, it would not be wise .to use it ; and if Mr. O'Connell has the slightest wish to represent any portion of the people of Ireland in the Imperial Parlia ment (which by the bye we begin to believe that he has not,) lie may depend that he will never have the honour of doing so while he continues edopt such calumnious and irritating language. —Morning Advertiser. The Bow-street officers, Bishop and Led better, were, it is strange to say, as they passed along front ;Own to town, great objects of suspicion themselves. At one i:iace they were met by two St. Ives' constables, who f o llowed them from house to house, and were constantly comparing their persona ; faces, and dresses, with the de scription of Stephenson and Lloyd in the piacards and ad vertisements. Although there was no more resemblance between the parties than exists between fat and lean men, or tall and short men, or handsome and ugly men, these keen constables thought they had the reward already in their hands. Bishop, who perceived what was Going for ward in the imaginations of his two followers, pulled out, as if by accident, a horse-pistol, and the constables imme diately cried out to all present, " It's them, its them ! Help us in the King's name : lirdp us in the King's name !" And •eiaing Bishop by the collar, said, " Alt ! Stephenson, you thief, have we grabbed you ?" "Yes, you have grabbed rn,,," said Bishop, in a most trabasaker like tone, "but if you don't drop my toggery, I'm cursed if I dos:t you up be; ,r: Sir TVA - .w..51 quite a sufficient exp!aaation ; the constables acknowledged that they were deceived by the resemblance, and very willingly joined the Bow-street officers in the ineffectual pursuit. OLD BATLEY, JAN. 19. COUNTERFEITING COIN OF THE REALM. The principal circumstances of this trial bear a very striking resemblance to those of the celebrated case which was the proximate cause of the abolition of the rewards formerly paid on the conviction of persons indicted for capital felonies, which commonly obtained the name of blood-money. In that case it wid be recollected, that a police-effieer, named Rock, if we recollect rightly, - employed a: man to decoy three ignorant Irishmen into an empty house, and set them to work colouring false money. - While they were engaged in the process, of which they hardly knew the meaning, Brock broke in upon them, and took them into custody. The poor fellows wtre tried, convicted, and ordered for execu tion, when, by the diligence of some humane indi viduals, Brock'S nefarious scheme was unravelled, and the innocence of his victims indisputably esta blished. Brock and his confederate were tried and convicted of conspiracy, and suffered punishment; and the case created so great a sensation through out the country as to occasion almost imme diately the abolition of the reward which had in duced this horrid traffic in human blood. There is reasonable ground for supposing that the prisoner, whose case we are about to narrate, was the dupe of a villain who did not scruple to hand a miserable old man over to the gallows, in order to put a few pounds into his own pocket. It is, perhaps, neces sary that the Mint should employ spies,- but after this example it is to be hoped they will proceed with due caution upon their information. William Johnsime, an old white-haired mt.n, was indicted for traitorously colouring a half-crows and a shilling, made to resemble the current coin of the realm. It appeared from the evidence that the police officers, in consequence of information they had re ceived, proceeded to 10, Earl -street, Seven Dials, and burst into the garret, where they found 'the pri soner with all the Materials of colouring about him, anti in the act of rubbing a counterfeit half-crown. The prisoner, on seeing the officers, exclaimed " Oh God ! I have been trepanned !" A connte:feit shilling was found in . his pocket. Mr. Powell, the Assistant Solicitor to the Mint, said the person who gave: the information in this case came to him of his own accord. He was not employed by the Mint to hunt after persons, or en courage them in the commission of crime. Mr. CLARKSON asked whether money had been paid to the informant, besides the shilling which Umbria; had given him,in respect to this transaction. Mr. Powell then said, that be had paid the in formant money since the pri:oner's apprehension. He paid the informan: 51. The prisoner, in his defence, said that the person who had given information to the Mint bought all the materials for colouring and the false coin into his room, and asked him to assist hira. He then said he %You'd get some more Over colouring, and went our, taking the prisoner's key with him. About ten minutes after ho was gone, the officers burst open the door. He concluded by begging that his life might be spared, and said that he would cheer fully submit to any other punishment. Several respectable witnesses proved that they had employed the prisoner as a smith for several to ,I•thin a short time before his ap prehension. All these witnesses gave tile prisoner the best character for honesty,industry, and sobriety. The Jury immediately returned a verdict of Not Guilty. NEW COURT. ALLEGED ROBBERY AT ROWLAND STEPHENSON'S. 115 il i um Fulker and Thomas Boreham (two young men who had been footman and groom to the fugitive banker) were indicted fOr stealing nine bottles of wine and other articles, the property of John Wright and James Gathorne Remington. After evidence had been heard, The COMMON-SERJEANT said—" Really, gentle men, there appears to be great doubt as to whether this property was stolen; and as I understand they bore a good character, I—" Foreman of the Jury—My Lord, we are satisfied that the prioners are not guilty, and We return a verdict accordingly. Arthur Win. Longford was indicted for stealing ten neckcloths, and other articles, the property of Peter Watson. Mr. Serjeant ARABIN summed up the evidence, and the Jury found the prisoner Guilty. 'Roma: Lloyd was indicted for stealing a quan tity of stamps, of the value of 5,000/., the property of his Majesty. Mr. BOLLAND (with whom was Mr. Brodrick) applied to the Common Serjeant to have the in dictment quashed, as upon examination it was found to be defective. Messrs. PHILLIPS and CLARKSON, for the pri soner, could have no objection. It was finally arranged for the prisoner to go at large, upon entering into his own recognizance in the sum of 1001., and find four swedes in the sum of 251. each. Daniel Heath, alias Lloyd, a young man of re spectable appearance, was indicted for intermarrying, with Margaret Evans, in September, 1826, his for mer wife, Eliza Charioneaux, being then alive. Mr. CLARKSON stated the case for the prosecu tion, and called the following witnesses : Mr. Thistleton produced the parish register of St. Pancras, by which it appeared that a marriage was solemnized in the above-named church, between Daniel Heath and Elizabeth Charioneaux on the 12th of May, 1823. Thomas Ayling, a person of very gloomy appear ance, was called to prove the above marriage. Mr. ADOLPHUS directed the officer not to admi nister the oath to this witness until he (Mr. Adol phus) had asked him a question or two, relative to a matter of importance. (To Ayling)—Do you be lies ein a God? Ayling—l do not consider that I have a right to answer that question. Mr. Anommus—But you must ; and I now ask von again, do you believe in a Supreme Being ? Ayling--I do not believe in God, nor that there is a place where future rewards are dispensed or pu nishments inflicted. Mr. Anot.Ptius then submitted that this person could not be sworn as a witness in a Chrialian court of justice. Mr. C. PHILLIPS—This is the new - light and march of intellect. (Laughter.) The Learned JUDGE said, the party could not be sworn after making such declarations as to his disbe lief. Mr. CLARKSON then called several other N% itneises, to prove that the signature, " Daniel Heath," in the marriage register, was in his hand-writing, when two of them swore as to their belief in that regard to this particular; and others swore more positively. Miss AIM Sartie stated that she was sister to the prisoner's first wife, who married him by the name of Charioneaux, in 1823, and they lived together as man and wife for a considerable time. Her sister was living six weeks ago, and she had seen her several times during the last five or six years. Harriet Meredith deposed, that she was also sister to the first wife, and in other respects confirmed the testimony of the last witness. Margaret Evans lives at No. 5, Eyre -street-hill. On the 10th of September, 1826, she married the prisoner at St. thles's church, having known him for two years previously. The prisoner is an attorney's clerk, and represented that he was entitled to seine property. William Taylor, the parish clerk of St. Giles's-in the-fields, produced the register of marriages, w hi c h proved the prisoner's second marriage with the last witness. The prisoner, when called upon for his d e f ence , said that there were family reasons for his changing his name. The second wife, who no•tv prosecuted him, had a full knowledge of all the circumstances connected w nim ; the present pruceeuings were only instituted in order to e xtort money from him. The Jury found the prisoner Guilty, but strongly recommended him to mercy. CORONER'S INQUEST. Yesterday evening, at seven o'clock, an inque , t was held at the Grapes, Whitecross-"trees, Mole T. SHELTON, Esq., on view of the body of Amelia !meson, a fine little girl, aged five years, dauglacr of Mr. Imeson, tobacconist, Aldermanbury, who.e throat was cut by its own mother, while labouring under aberration of mind. _ _ _ Eliza Gater, maid servant' in the family of Mr. Imeson, deposed—On. Saturday last, about twelve o'clock, the bell of Mrs. Imeson's bed-room was I rung, in consequence of which I went up stairs to the room. Mrs. !meson was the only person in the room when I entered, and she ordered me to bring up her daughter Amelia. I returned to the kitchen, where the child then was, and carried it up stairs. As soon as I delivered the child to her, she laid it upon the bed, for the purpose, she said; of brushing its hair, preparatory to taking it out to walk. The only other observation I beard her make was,. that when she laid it. 03 the bed she looked at it, and ex claimed it was very like the children in the wood.— I then left the room, and came down into the kitchen. I had not been down stairs more than five minutes, when the bell was again rang, and I 'went up. [Here the witness became dreatiftilly agitated, and some time elapsed before she could proceed with her evidence; at length she continued.] , Having en tered the room, the first thing I saw was Mrs. Ime son, sitting in the bed in her night clothes, and covered with blood. I did not seethe child at this time, but immediately ran down stairs and acquainted Mr. Imeson of the circumstance. Mr. Imeson and I went up, and we found Mrs. Imeson in the same 'torte as I left her. Mr. Imeson took up the child, and I heard him exclaim " She has killed the child 1" In about ten minutes afterwards I went into the room, and saw the child laid on the foot of the bed. It then appeared to be quite dead. I did not see the wound in its throat, for I was not able to 'look at it. lam satisfied my !mistress was of unsound mind, from the incoherent manner she was. in the habit of talking in. Juror—Was your mistress down at breakfast that morning ? Witness--She was not ; but the day befere was np, anti seemed nauch better. [Several questions were put to this witness for the purpose of showing the insanity of Mrs. !meson ; but, from the violent agitation the recital of the horrid catastrophe had upon her, the Coroner con sidered it better to leave the proof of this to the medical gentlemen.] Calvert Bower Baux, surgeon, 36, Pudding lane, deposed--I attended Mr. Imeson'a family since his marriage, and rim a particular friend of the family. He was married to Mrs. Imeson in 1822, and during her first pregnancy she became melan choly, and lay much in bed. On one occasion she s wallowed a necklace of coral beads, -and evinced unequivocal symptoms of insanity. At my recom mendation Dr. Sutherland was applied to, who ad vised her being sent to a place of retirement. Ac cordingly she was sent to her father's, Charles, square, Hoxton. After bring there some time, she returned, apparently quite recovered, and went on without displaying any renewal of her former ma lady, instil the 16th of June last, about four days after her last accouchement, when I was sent for in great hasts, rind found her mind evidentlysiffected. After each aecouchement she was more excitable than at any other period ; and, during her preg nancy, laboured under considerable apprehension of dying in childhed. She at all times expressed the greatest affection for her husband and children, the only delusion she seemed to labour under being an apprehension that she was not so good a wife as the affection shown her by Mr. !meson merited. I re commended, as the weather in June was very hot, that she be removed to her father's again, which was done, arid I attended her regularly. She re mained there until August, when she returned home, apparently recovered. I saw no more of her, until I was.sent for on Saturday. I had many opportuni ties of seeing Mrs. Imeson with the deceased, an which occasions she evinced the strongest affection towards her, and seemed to consider it es her fa vourite. I advised that no dangerous weapon be left with her. This I did sot do from any peculiar trait in her state, but as a general precaution. Whea at her father's, she has desired them not to leave her a knife to eat her dinner with, as she could eat it with a spoon. She was between twenty-seven and twenty-eight years of age, and was very partial to reading, especially the lighter poets. I have at- , tended her since the fatal accident, arid she is aware of what she has done. She expresses herself ready to expiate the deed with life, - and expresses the most poignant regret and misery at whit she has done. She seems at present sane, though at times expresses herself very incoherently. The Jury returned a verdict that the deceased was destroyed by Mrs. Imeson, while in a state of insanity. We understand that the heir presumptive to the title of G—df—d, went a'short.time since to Ireland, to visit a young and beautiful, heiress to whom he was en gaged. It is said, the.t some slight difference induced the swain to transfer his affections to a lovely nymph of seven teen, and one of serenten children, not, far from the place, and succeeded' in eloping with her. The youthful lovers had not proceeded far when a near relation of the damsel overtook them, and, assured the young Lothario that such manners were not admissible in that island, that he must be married immediately. A very short discus sion ensued, and the youthful pair were tied by the indis soluble knot, and the lovely heiress left to bless some no bler spirit.—Hostts Advertiser. At Paris the cold has 'been more intense than in London. The French Papers mention, that on Thurs day night and Friday morning the thermometer of Cheva lier fell upwards of five degrees and a half beloW zero. As the zero of this instrument is the freezing point, anel welt degree is nearly two of Fahrenheit, the cold must have been more than:ten degrees of Fahrenheit below freezing. The sum of 10,000 fr. having been abstracted from a mercantile house in the Rue Bergere, the servants were suspected of being the authors of the robbery, and police-officers were employed to endeavour to find them out. Lacour and his agents were set about the affair, and they discovered that the thief was a lady of very re spectable connexions, who frequented the house. After a long search, the money was found at the bottom of a pot of butter, the butter having been melted and poured over it Paris Paper. On Sunday morning several of the Churches in the city were illuminated, as if for evening pra)ers, and yesteiduy Divine Service. was performed in St. Paul's Ca thedral by gal.light. In the meantime, at Primrose-hill, Kentish Town, &c. the sun was shining brilliantly, and the fields luxuriating in all tbe . splendour of a fine winter's day, " frosty, but kindly." _ _ Leamington as well as Melton Mowbray may be now termed a sporting metropolis; and the last few days has witnessed a great accession to our list of sporting gentlemen from the latter place. —Leamin g t on Spa Courier. The new palace which the Duke of Atholl is now building at Dunkeld, is in a style of architecture which may be more properly denominated the Abbey than the Castellated Gothic. The internal arrangements of the rooms are of princely dimensions, and the principal en trance is by a lofty porch. From this parch you enter a vestibule, 50 feet in length, which leads into the great baronial hall, 90 feet lung; thence to the grand staircase, which is only separated from the hall by a screen of open arches. From the ball and staircase you communicate with state rooms ; and, by a spacious and handsome cor ridor attachea to the staircase, with the Duke's private apartments. The library, dining, and drawing-rooms, are each 50 feet by SO, and 22 feet in height, and the other apartments are of corresponding proportions. His Grace, although at the advanced age of 74, takes the greatest in • terest in the work, which, from its size and splendour, is calculated to transmit his name to posterity as the founder of one of the finest structures in North Britain.—Gius gels Chronicle. JURY ON BURKE?. AND ii.riACDOUGAI.. — iII an article copied front a contemporary, it was stated that two of the Jury were inclined to bring in a verdict of Nut Proven to:- Burke. The fact is, as was stated in our re port of the trial, the Jury were ouluimous in the convic tion of Burke, and- unanimous iu the opinion that the pro secutor had not made out the libel against Macdougal.— SrotEman. LAW INTELLIOE NeE COURT OF KING'S BENCH, JAN. 19. TESSEY V. PIKE. Mr. BROUGHAM (with whom was Mr. RUBY) stated the plaintiff's case. The action was for a libel publ;shed in the Derby Reporter on the 17th o April last. The plaintiff was an attorney, and at the time of the publication of the alleged libel re sided at Derby. The libel was contained in a para graph, purporting to be a report of a case which had been tiled at the Derby Quarter Sessions in April last,' and was as follows "EXTRAOXIDIIeiRY CASE OF ASTILIARION. ' " Among the affiliation cases there was the fol lowing, which excited extraordinary interest : " Martha Holt being called upon on the part of the parish of Derby, endeavoured to affiliate her bastard child on John' Thomas Albert, a young sur geon of this town. Mr. Clark, jun. on the part of the parish, examined this young woman, who stated that she had known Mr. Albert some years ago at Uttexeter, and afterwards became the servant of Mr. Vessey, and at the death of his wife had been em ployed to take care of his child. She became 'preg nant by Mr. Albert last May, and was delivered at Beveridge on the 3d of February. She then under went a long cross-examination, which, together with the evidence of witnesses, substantiated the facts, and went to prone that she had all along been acting under improper instigation; that she had been in continual criminal intercourse wish Mr. Vessey, according to her own acknowledgment ; and that she had told a relation of Mr. Vessey that she had, by his direction, taken oil-of . savin, for the purpose of procuring abortion. A letter to her from Vessey, under a false name, was read, which tended to esta blish his intercourse with her. The order was re fused, and we understand it is the intention of Mr. Albert to prose Cute Vessey and Martha Holt on a charge of conspiracy." . The Learned Counsel'opened the case as one re quiring very serious damages, and then called the plaintiff's brother, Wm. S. Vessey, a . publican, at Darby, who prOved the purchase of the paper con tainitig the libel from the defendant, the' publisher of the Derby Reporter. Mr. BROUGHAM said ho had no. other witnesses to call. The COMMON SERGEANT was about to address the jury, when Lord TENrERDEN presumed that the verdict might be taken for a shilling; and as the plaintiff had declined calling witnesses in support of the al 7 legations of his declaration, his Lordship would take care that he should have nothing beyond the shilling. A verdict was then entered for the plainti&—Da magts Is.; Lord Tenterden intimating that he should certify, to deprive thg plaintiff of his costs. • • PRICE OF SEEDS:--Jan. IP. , :, " , , New English Red Clover Seed (per Cwt.) 404.: bal, tk;fitio.:, ft*. Ohl Ditto Ditto —B. ....11, tine... 4, --o. New Foreign Ditto Ms. 60e flvt.6bs:s79s. Old Ditto — - 308 f44 -' tint 50 4, Ms, New White Clover, Okl Ditto Ditt0...;,,,, New Trefoil OM Di ti k);: FlAZ. ' ios. 003. 706. • fin056i..146. 149.•5146. 11ne.308: 4s. "...A. Sae ••••41 406. SEW. 411. fine--e.' --s. Us ; 44. figke•-.4. - ..+l3. —a. tlpe.—s. --s. 17s. Saes. 114. r4l. • fine ...FP. 158. 408. new --s. 40s. 506. nevi e. 3/Is. flue-4. 408. --s. 41s. A*. fine —s. 50s. fine —ll. tos. Eneigt C%rraway Foreign Ditto Coriaiider. St. Foist Rye Grass Pacey Ditto Linseed, for feeding Ditto; for crushing_ Caßary Seed, New..:, Ditto Old. —s. One White :Mustard Seod....—(per Bushel)—.Css. 6s. 7c 6d. ripe.. —a. Brown Ditto • SC • I Os. , tint Turnip Seeds, Rounds lo4...tizie — rs Green and-RodDitto --e 6e. 19s. fine Tares; ,Old _ —8 SAS. , 40s. sae---s. Ditto-New 48, ita;seSeed, Engli.h, Line (per Laet) :Coi.,Sit. Foreign 271. ii)r. SLEEP. A. question has been raised how much sleep is required, and how long it is necessary to. be in bed, for the purpose of rest and refreshment. —Eight hours have been allotted for the labourer, and six for the scholar and gentleman. Very few gentlemen, hoWeVer, are .satisfied with this scale ; and a capacity for sleeping Makes the greater part of this class of the community in clined to double the period. The capacity for sleeping, like the capacity for eating and drink, ing, is to be increased by indulgence. Much depends upon habit. Some people can sleep when they w ill, and wake when they will ; and are as much refreshed with a short nap as a long one.—Sea-faring people have this property - from education. I have known persons who have never indulged in a second sleep. One gentle man, who entertained a notion that a second nap was injurious, invariably got up as soon as he awoke, no matter how early the hour—winter or summer,. Others again. will sleep for four and twenty hours. The celebrated Quin had this faculty. " What sort of a morning is it, John ?" " Very wet, Sir," " Any mullet in the market ?" " No, Sir." " Then, John, you may call me this time to-morrow." So saying, he composed himself to sleep, and got rid of the ennui of a dull day in the arms of Morpheus. One gen tleman, in the Spectator, used to sleep- by weight. " I allow myself, one night with another, a quarter of a pound of sleep, within a feW grains more or less; and if upon my rising I find I have not consumed my whole quantity, I take out the rest in my chair." 'A lazy. old 'woman used to apologize for lying in bed by saying that " she lay in bed to contrive." Strange as this old womarrs excuse was, it was an example followed by one• of the most extraordinary geniuses of this country, viz. Brindley, of whom it is recorded, that when any great difficulty occur red in the execution of his works, having little or no assistance from books, or the labours of other men, his resources lay within himself. In order, therefore, to be quiet,,and uninterrupted, whilst he was in search ofthe necessary expedients, hngenerally retired to his bed; and he has been known to lie there one, two, or three days, till- he had obtained the object in view. He would• then get up and execute .his design without any drawing or model. There are different kinds of sleepers, as well as different kinds of sleep ; some cannot sleep from home—others cannot sleep at home ; some can sleep on a board, and snote on a carpet; while others tumble and toss on a soft bed, as .if the down disconcerted them. Some again cannot sleep in a noise ; others cannot sleep out of it. A miller awakens the moment' his 'Mill stops ; and a tradesman from Cheap - side. cannot sleep in the coontry, because "itis so plaguy quiet. Som nambulists, or sleep-walkers, usually sleep with their eyes open ; but without vision. Shakspeare, who may be considered a very good medical authority, makes Lady Macbeth a somnambulist with her eyes open—" but their sense is shut." This is not always the case, however, and there is a singular exception, in the -instance of Johan nes Oporinus, a printer, who being employ e d, one night its correcting the copy of a G ree k book, fell asleep as he read, and yet ceased not to read, till he had finished. not less than a whole page, of which, when he awoke, he retained no recollection. There are many curious histories of l sleeping ic T ran sactions have sev era l ; i n one , a man from August till January. Th e re is s sophical a case, read before a Society of Physicians in 1756, of Elizabeth Orvin, who began her sleep ing fit in 1738, by a four days' nap, and for ten years afterwards never slept less than 17 hours out of the four-and -twenty. Dr. Brady relates, that some strange methods were resorted to; to rouse her—such as rubbing her back with honey, and in a hot day exposing her to a hive of bees, till her back was full of bumps—making a pin ' cushion of her, and performing acu-punctura lion, with pins and needles—flagellation, and " other old experiments," which the Doctor in forms us he thinks better " to pass over in silence," all of which might as well have been spared, for she was very sulky and good for nothing when she was awake. This sulkiness however, should be noticed, as being connected with the complaint. Previously to this'somno lent disease, many of the persons have beeoMe uneasy, sullen, and surly. In all, the mind his evidently been affected ; and in some,lvhere there has been extreme abatinenee,•their waking. hours have been characterised by decided mental aber ration.—Quarterly Journal. KILKENNY MAEKET, JAN. 14.—Butter, 77e. to 18g. per cwt. ; Bacon Pigs, 35e. to 37i. per ditto ; Wlaeot 33e. to'4oe. per barrel ; Barley, 18e. to 20e. ; Oats, 12s. to 12e.; Flour, 20s. to 48e. per bag ; Beef and /tattoo, 4d. to 50. per lb. ; Potatoes, Od. to 2d. per atone ; Coate, to 2d. per cwt. SHIPPING INTELLIGENCE. LW POOL. SUNDAY, JAN UA RY water 51 • minutes past , ten.-... Arrived the Ause• lie, Fergnason, from Marseille(' ; Liffey; &on Newry; Leeds, from Dnblia; Edgar, fro° Macaio. Sailed—The Jeasie,, Boaz., for New prleal,,, l Wa i • Donald, M'Leod, for New Orinaifsi eeris,_ Miller, fee Leghorn; Rifleman, Briaidide, for ifoirani t ; Wood, --.—, for St. DeMingo ; 'fa' Tortola ;''Sir 'lnward- Douglas, Bee:kat, for Siiiusnah; Wilberforce, Dencke, for Trieste. EAST INDIA. . . The Poladris, Christiau, from Bengal ? at Liverpool-7' sailed Sept. ft'and St. Helenil, Neiv. 27. The Arabian, Wills, from Bengal, off Ilolyhead—.4Bllei Auguit 27. The Iloyeful, Maldus, for the Cape, has Just "put into Cowes, leaky. LONDON MARKETS. PRICE OF IiREAP, ' • , The highest price of Bread in the Metrbpolbi Li I fot the tib. Loaf. There are others who cell from gd. to Iga. below hat price. rRICEB or HOPS,—,Jae Kent Pockets 4l 4s. Sussex I)itto ~•••••••••••••••••............... 31. 133. Essex Ditto 4/.'loa: Farnham Ditto, Fine 0/. Os, Seconds 4WW.a.• 01. Os. 3/. les. 3!. 10a. 4!. 4s. la 41. 184. to fyf. Its 41. 4i, to' 41. tls. bi. 54. to tit, Q. 81. Os. to 91 as. 6/. Os to 71 10s. 41. 1(18. to • 5/. Al. 10s. to U. Os. 4/. las. to 51. 54. Kent Da; Sussex Ditto Eller Ditto- WH !TECH A rEL HAY ALA RKET.—JsuS. 17. Hoy 506. Od. to 884. Od. I Clover 811;. tki. to 1119. Od. Od. to 36. t. Od. PRICE OF OIL. Rape Oil, browis AU. Os. Retisted wow.. 116 U Linseed Oil 19 0 19 Linseed Oi. Rapo Cake, ke At ti r ton... to Alin, pot thousand PRICE OF POTATOEtt —Jan. 19 Marsh Champions W. Os. to 4!. Os. per ton.. Kidneys 01. Ot• to a ditto. Scotch Reds— W. ss. to 5/. IN. iltto. Oxnobles and Shaws I(. to N. O. ditto. PRICES OF Per lb. 8utt5.........50 to 561 b... 19 20 to Crib.— 28 25 Dressing 14 17 Fine Coach /lidos 17 21 Crop tildes. 3,5 to 401 b, 141 161 Ditto 45 to 501 b. 1111 19 Ditto 1K VI • LEATHER. Per lb. d. tad. Tanned Horse Hideo:., 16 19 Sp.siniall Ditto .—..--U k 6 Yet down. Calf 1ikina....313 to -11th. •19 24 Ditto .-- 30 to 7011). 24, 99 Ditto 70 to fidly, 22 23 Small Seals. 6 ram laud 91 22 RAW HIDIOI. lier Stone s. d. to J. d. Pet Stone. s. d. tale. d: Beet Heifers& Steers 3 0 2 4 Ordinary 110 I. 8 Middlings 2 6 2 8 Hal ket 7 0 each. . COAL ,YAK AdaWs 3Bs. Bd. Derm's Primrose —27 6 Ileatott Ilebleurn Maio 40 0 Killingwortb 41 6 Liddell's 34 U POntopWiudsor— 34 U Townley----:—. 39 U i 41 0 Hartley 0 Slaps at market, Kv.T.—Jail. 10. Walls End Btll and Co. 44 6 Ditto Bell Itobsen Oleo. 42 0 Ditto Beivickoland( o.— 42 SO Ditto Durratou u Ditto H0t5pur,,.,,,._,,—. 40 0 Ditto ttusstil's 42 Ditto Walk Gl' 4.11 WalleYnd Hetton.---- 43 6 Walla Bud Ste.wat t's 43 0 Lambton Email 22 0 ape bold. 17--t.losula. 29A. IRISH MARKETS. Wheat,' 13ailey. , per barrel per barrell 20 stone. la atone, -;" Mite. 1 per balril 14 stoke. 8 Oi 0. Bd. s.tkaa.d. a.d.a5,41., Cork 132 0-39 17 0-22 (s) Limerick 3S 0-40 0 10 0-20 WitterforilSt 0-23 0 17.0.411 Clonmel —J3B 0-41 8 19 0-931, Car10w..... IV d-34 9 ISt 0-19 i)1 d.aa. d.,11. %Las. Q. 00-18 0 22 0-96 0 . 12 0-41 6 10 4-19 0 16 6-»25*0 00-15 0 8 0.-140 fB-0t.44 o 10 0-20 o 12 2-14 0 20 0-25 0 12, 0-16 (1 10— 0 00206-210 0— 00 Beef, per lb. Mutton, per lb. Pork, per ewt: iiiiTe7r. • a Cork - :..... . .5 Limerick.. 2 Waterford 4 Clounkel 2 Carlow,_. 4 e. d. a s. ao o—as (4i4 3 0 0-35 012 0 30 079 0 33 0-35 0:5 0 0- 0 0 Si 0 d. $. 32 0 Q 0 50 0 d, d, el .5i .6 5 1 51 0 146 U 158 u SCOTCH MARKETS. Wheat. Barley. Oats. Beaia.`o.ltrucei: ____—• —._....—___. ...., Aberdeen 52 78 98 37 91 25..... a s 34 Berwtck....—... 47 54 26 27 18 21 126 29 36 48 Coldstreala 47 49 27 28 18 91 26 28 Cupar ---. 70 80 1:8 39 24 30 27 30 Dundee.-- 77 37 28 91 Elgin —........-- 03 74 22 26 21 . 22 32 i lnyerness.—— 00 70 26 30 20 25 29 26 40 Kulao 53 57 26 24 17 21 26 28 .- Kirkakly,--..• 54 86 34 40 24 2R 31 , -- 39 Perth e4 70 2.5 ts 17 20 —.— -- 4::?: The size of the measure varies throvg out the country. BIRTHS. On tLe 18th inst, at the Warden's lodgings, Merton College, Lady Carmichael Aust.' uther, of a son. On the 18th inst., in Montage-place, Bryauston-sguares the lady of Edward Burn, Esq., of a son. On the 17th inst., Mrs. Christopher Heath, of Hatton.- garden, of a daughter, still-born. On the 18th inst., at Lewisham, Mrs. John Oswald, Of a son. MARRIED. - - On the 13th inst., at Newtown-Limavady, by the Rev. John Olphert, James, second son of Thomas Lanosy, Esq., of Hythe, Kent, to Jane, second daughter of Robert Conn, E,41., of the Lodge, Newtown-Limavady, county Derry ; and at the same time, Robert Fenwiek, Es+, Royal Engineers, to Isabella, third daughter of Robert Conn, Esq. On, the Bth inst. at Colchester, by the Rev. Win. Marsh, the Rev. Charles Riggs, of Wivenhoe, to Mies Keep, of North-hill, Colchester. ti DIED. On the 16th inst., at is seat, Beekheath 11411, in the county of Norfolk, Sir Edward Stracey, Bart., in the 68th year of his age. On the 16th inst., at his seat at Ramsgate, in the 77th year of his age, Sir Win. Curtis, Bart. On the 17th inst., Anne Augusta, wife of George Faidkner, Esq., of Doughty-street. On the 14th inst , at his house, Pentonville, after a few days' illness, Mr. John Win. Collingburn, aged so. On the 17th inst., at his hawse in Kensiagtou-square, George Stunsfeld, Esq. in the 70th year of his age. On the 18th inst., at Hyde-hou se , Ed mo nto n , A n d re w John Nash, Esq., aged 60. .• On the 18th inst. , iu her 14th year, of a consumption, Elizabeth, eldest daughter of Mr. Joseph litrovrne, of Car marthen-street, being the third child within five months. On the 18th inst., aged 27, .Anna, eldest 'laughter Of John Allnutt, Esq., of Clapham-common. On the 18th inst., at Walworth, in the 84th year of his age, Richard Smales, Esq., sincerely lainented• by his family and friends. EAST INDIA BIRTH, NIARRIAGES, es DEATHS. BIRTH. At Keitall, July 9, the lady of 161 , 4 8. Smith, 3d Cavalry, of a sou. SIARFIIED. At Calcutta, July 30, at the Cathedral, W. Smithson, EN. to Miss Holdsworth. At Calcutta, July 9, John De Bruyn to Mika Rose Ferrao. At .Calcutta; July 28, by the Rev. Dr. Bryce, Mr. T. 'hinter to Hannah E. Nerve. • DIED. At Berhampore, Joly 2i, G. T. S. Saudby, Esq. alga 29 years. At Sen4upole, July 28, the iufaut daughter of Litur. W. Glasgow, 6rt Rev. N. I. _ Pavaitao and Pununtsb by MURDO YOUNd, at the SCS OFFICE ; 112, STRAND, LONDON. Flour. Per cwt.