The Sun. — London, England, 1829-11-25 00:00:00

Pl~i'T iii TLIE PUBLIC JOURNALS. The Weichmen, as we find from the Cant kriam newspaper, are turning Tories, now that :It but refuse Englishmen have ceased to be so, and are, in some places, ready to pledge " lives and fortunes" against any Jacobin attempt to imriose upon the Principality a better and more economical administration of justice than that which the wisdom of their Celtic ancestors, or rather of the ancestors of their Saxon and Nor- man conquerors, had provided for the restraint of their honest but unruly spirits. A meeting or the county of Cardigan took place at Aberayron on Wedneslay last, for the purpose of petition ing against the reformation, called, in the lan guage of that c:lnntry, the abolition of the Fri:- nut system of judicial proceeding throughout Wales. One man of sense had indeed the frank- ness to tell his auditors, that they were petition ing against " a 15 et ter administration of justice, better judges, better counsel, and better juries." The popular cry, however, was against this gen tleman. One speaker denounced the assimilation of the tribunals to those of England as a " disfran chisement" of the county of Cardigan. We wonder what he meant by this, inasmuch as no idea, we believe, exists of meddling with the Welch Members of Parliament or electors, or with any right or privilege derived from Royal charter. the notion which prevails amongst the higher 'class of professional men, and pretty generally throughout the well-informed world is, that Welch justice leas hitherto savoured of being no justice at all—that the matters in litigation are swallowed up, even inure than among ourselves, I by costs—that the jurisdictions arc too mitch broken up into patches, the remuneration for the several Judges too small to tempt men of superior eminence at the bar to accept, and yet in the aggregate constituting a disproportionate burden on the country—that, in short, the judi cial and forensic apparatuS is too cumbersome, the. material too common, and, moreover, the discords and ill-blood arising from the close vicinage of parties, jurors, low attornies (with which last tribe .the whole principality swarms), and all the other ministers and appendages of petty litigation, such, that a great relief from expeuce, and a great ad vance towards equal and satisfactory justice, would be obtained by consolidating districts which are at present separate, enlarging jurisdic tions which are now inconveniently minute, and raising to a higher level the whole order of per sons, including attornies, barristers, juries, and judges, engaged in the service of the law, throughout the country of the ancient Britons. That the prejudices of the natives may be shocked by any change,—.-110 mater in itself how valuable,—is a thing to be expected, and prepared against. But Fluellen, though a pep pery, was a placable and worthy gentleman, and so we doubt not will . the Esquires of Cardigan prove themselves, albeit we can neither compre hend their arguments, nor in every instance re cord those antique but unutterable names of places by which the several members of one mul titndinous family, in - Wales (as in some parts of Scotland and Ireland), are driven to identify their persons.—l imes. A .correspondent complains of our silence on the subject of the late appointment of a Baron in the Exchequer, on which he animadverts with touch severity. - He draws our attention to the f(4lowing passage - in the valuable and laborious Report of the Common Law Commissioners, in %chid: they give some hints to the Lord Chan cellor as to the 'means of expediting and im proving the administration of justice :—" It is obvious," say they, " that the efficacy of such arrangements, and the attainment of the object in view, must entirely depend upon the judicial character of the persons from time to time: ap pointed to fid the Benches of the different Courts ; and we may be permitted to suggest that the benefit of a fortunate selection is never so sensibly felt as when it relates to a Court which at the time may happen to stand lowest in the public e‘stimation, and consequently to have the smallest share of business. The nomination of a single individual of great and acknowledged talents might restore the equilibrium, while the appointment of another less qualified might so depress the falling scale as to render the restora tion of the balance hopeless for a length of time."—P. 23. Our correspondent thinks the Lwal Chancellor could never have read the above recommendation, as the appointment in question is so completely at variance with it. He i,druits that the individual appointed is an amiable man, .possessed of some literary acquirements, and that he is without any enemies; but he con tends that the appointment is, nevertheless, un justifiable, as an instance of sacrificing all pub lic considerations to private friendship and favour, as the individual does not possess the requisite strength of mind, is unused to business of difficulty or importance, and is besides in an infirm and feeble state of health (not likely to improve at sixty.) Such an individual, he ob serves, is far from being fit for any judicial sta tion, but is peculiarly disqualified for adding vigour and efficacy to a Court in the last.stage of ignorance, imbecility, and uselessness ; and he adds, that there is but one opinion among pro fessional men as to the character of this appoint ment. We have heard some of our professional friends speak of the appointment as extremely objectionable. We regret that the Lord Chan cellor should thus lay himself open to animad version in the outset, as it were, of his own ju dicial career.—Morning Chronicle. The proceedings in the Vice-Chancery Couri yesterdq, in which the parties are paupers, but two attorneys are the real combatants, remind us of the battle of two wolves for the carcase of a lamb. A century ago Thomson indig nantly exclaimed— " In this rank age 7.luch is the patriot's weeding hand requirec:— The toils of law (what dark insidious men. Have, cumbrous added to perplex the truth, And lengthen simple lostico into trade) : How glorious were the day that SVA , these broke, And cvery man within the reach of right." As the lines are as much in point now as ever, it cannot be said that the patriots of the coun try—a numerous band, if we take their own word for it—are chargeable with that feverish impatience of execution, which Burke deemed so great a blot in the French Patriots of the Constituent Assembly. Draper, the occupier of a small leasehold property at Ducklington, in the vicinity of Witney, in tile county of. Oxford, :Lei intestate in the year 1814, leaving a widow and eight children, two of them by a former wife. The value of the leasehold property is va, - i,:usly represented—from 401. to 701.; and the personal property, taken at the highest, amounts to 111. 15s. 5-1,-d. The widow Draper, t-finding herself sufficiently occupied with pro tiding ;or the wants ofDrapers young 'intoxicated and herself', and being by - no meari with the property of which she had' been' left in possession--namely, a falling cottage, the fifth pat of an acre of ground, a silver bpooll, a pair of sheets, and a little loose money, afte, paying the bier at the fuoeral of her husband, did ,not trouble herself with administering to tht deceased. However, that trouble, with which she Would willingly have dispensed, was kind)) attended to by a professional gentleman, Mr. Charles teake, an attorney, at Witney ; who, according to the statement of ,the Solicitor. General, prevailed on Nicholas Carter, a pauper, who had married Jane, title of the eight children of Draper, to take out letters of administration. ,rst fruits of this was the serving the widow Draper with a writ of ejectment, which taught her that she enjoyed the inestimable blessing of living under a Government of law, and that the lavv was not to he despised with impunity. This brought another attorney into the field, a Mr. Lee, of Whitey, who, in a very unprofessional manner, brought this suit to a premature end, by agreeing to take the cottages himself, and paying Mr. Carter, the administrator, 51., as his share of the value of the property. But let no man in this country - say sit finis denique Mr. Leake was too well grounded in the law not to be aware of the wonder-working power of the Court of Chancery, and, after a lapse of eight years, in 1822 the admirable ma chinery of that Court was put in force to esta blish the value of the defunct Draper's pro perty, and ascertain the extent of the various in terests in it, in order that the pauper Carter and his wife, and the young Drapers who bad been sheltered in the cottage, might receive no injury through the arrangement of Mr. Lee. The widow is entitled to onohird of the leasehold property, and the plaintiff is entitled to one eighth of the two remaining thirds. Moreover, he is entitled to one-eighth of the personal pro perty. The extent of the plaintiff's claim, taken I at the highest, would stand thus:— . _ One-eighth part of two-thirds of 701. Persotudities at the highest £5 16 8 £lO 0 0 estimate Balance of Cash in Dra- per's Repositories after paying the Funeral Ex pences £1 5 S Xll 5 3 One-eih‘h of which ie £o 13 9i £6 15 5,-t Ded'•uct the sum paid to plaintiff by Mr. Lee 5 0 0 Highest ralue of the claim under litigation 113 5 1 4 However, this was the representation of the plaintiff. Mr. Lee, who purchased the pro perty, produced abundance of evidence to shew that it was not worth more than the sum he had agreed to pay. The Vice-Chancellor considered the evidence that Mr. Lee had acted fairly in this respect was abundant and satisfactory, and that all the charges on that head were utterly false and - groundless. His Honour dismissed the bill with costs. Those who know the crea tive powers of the Court of Chancery, will rea dily give credit to the Solicitor-General, who stated that the costs already exceeded 8001.— But who requires to be told that the decision of the Vice-Chancellor is not final ? The profes sional gentlemen may consider their honour con cerned in shz.wing how much more may be made of one-eighth part of two-thirds of an old cot tage. Mr. Bentham suggests as a reason why criminal justice proceeds more rapidly than civil, that Judges, " whether they have bowels or no, have bodies ; Judges have houses and goods. A year or two at common law, 10 or 20 years in equity, would be too long to wait before the criminal could be apprehended." This admirable case might have been settled by any man possessed of sufficient brains to keep him self from falling into the fire in five minutes. The bare statement was enough. But under the glorious system of this country, eight hundred pounds can be spent on it before it attracts the notice of the Judge. The atrocious character of the English Law is evidenced in this, that any man who is indifferent to public opinion may at once, under the mask of legal proceedings, so manage matters as to place a man possessed of a small property in an utter impossibility of preserving it without the aid of a rich man. Our readers may remember a singular case of oppres sion of two poor women in a county bordering on Wales, who, in consequence of the tranceu vres of ..an attorney to lay hold of some free hold property they possessed, were forced into law by him, and beggared and thrown into prison. Mr. Bentham has favoured - the world with another valuable volume, under the title of a " Petition . for Justice," of which we shall give some account on a future day. We cannot, however, here avoid quoting a passage, illustra tive of the peculiarity in English judicature, by which thousands may he socnt before the cause comes before the Judge : " How to cause (he says) the suit to be carried on down to the last stage, without the Judges knowing anything of the matter, this was the pro blem to be solved, and solved it was :—Fruit of the contrivance profit gained : all trouble, all time, all labour, all responsibility saved." " By the parties in conjunction—that is to say, not the parties, but their respective agents, with the Judges' subordinates, all impregnated with . interest repugnant to the interests of parties, every thing re quired to be done was to be done—agent fighting against agent, with arms respectively bought by then at the shop kept. by the Judge for the purpose. •••* • • • " An attorney, along with a fee, puts a written paper into a box, the Judge knowing nothing about the matter. This done, into the same or another bag another fee is dropped, with another written paper, of which the Judge has the same knowledge. " By each fee, the agent on one side purchases of the Judge the faculty and benefit of plundering, impoverishing, and vexing at the same time, his own client and the suitor on the other side ; whereupon the agent of the . party on the other side does the like ; and thus the compliment, as the phrase is, is returned." Well might Thomson call " dark insidious men" the inventors and improvers of this system. —lbid. 'There have some accounts appeared in our Paper of a Police Association in Whitechapel, established for the purpose of giving the parish the benefit of an efficient nightly watch, and thereby superseding the necessity of haying re course to the arbitrary system of the new police. We have always ad►nitted that nothing could be more ineffective, either as a protectio►i to pro perty or a prevention of crime, than the old nightly watch ; b►►t we took a distinction be tween the principle and the practice. The principle was not of a military origin or of French extraction ; but it was strictly and purely English and constitutional. The system of pa rochial police grew out of the same spirit of po pular Government which established Juries and created representative Legislatures. The local ,oyernment of parishes was liable to abuse, as all human institutions are ; but, if liable to abuse, it was also susceptible of reformation. Where abuse was proved to exist under the pa rochial authorities, we would have the principle retained, but the practice altered.. 'We would have reform, not revolution. The advocates of an arbitrary system of police—one not respon ,ible, to the people, but dependetat upon the Crown—contended that a despotic organization o f police was superior in simplicity and dispatch to a popular one. This argument, if good fur anything, is equally good to show the supe riority of a despotic Government over a limited monarchy. The former has infinitely the ad vantage. in despatch and energy to the latter ; but a country may pay too high a price for con ferring additional energies on Governtnent.— Those who contend that, because parochial go vernments have engendered abuses, they should be subverted and not reformed, ought to carry their argument further, and say, when Par liaments become corrupt or inefficient, they ought not to be reformed, but abolished ; and certainly the machinery of Government would be less complex, and would work with more celerity of movement, without them, Su th — e interven tion of the Jury system renders the administra tion of justice slower than it would otherwise be ; and as this system is sometimes abused in practice, it ought also to be got lid of. Seeing that this institution had its origin before modern philosophy announced the " age of intellect," how can the revolutionising sages of the present day regard it as any thing but a barbarous inven tion of our rude ancestors to shackle the energies of the law? Let us be consistent —let us adopt the military simplicity of organization in all our civil institutions, or let us in all adhere to the popular principle on which they were founded, Only rendering its operation more effective that it may be the better preserved. ." Well, but," say some of the supporters of the military sys tem of police, " the parochial police, however its principle might be more congenial with our Constitution than that of the new, was not ca pable of being made really effective, and there fore it ought to be altogether abolished.' We ask, when was the experiment of its reformation tried ? We have heard of no instance of thorough reformation attempted, except in the case of the parish of Whitechapel ; and, as far as that has yet gone, we understand it has completely succeeded. In corroboration of this, we refer our readers to a letter, in another part of our columns, of Mr. Walker, the Ma gistrate, whose exertions to give efficiency to the parochial police do him more credit than his en deavours to bring the Poor Laws into disrepute. Upon his authority we learn that the system of police introduced into the parish by the White chapel Association, " though not a fortnight old, and as yet imperfectly organized, works with a facility and efficacy which quite exceeds the ex pectation of those who have put the plan in motion." Mr. Walker states that the plan oc curred to him about four or five years since, and he only waited until he had sufficient authority to put it into practice under his own superin tendence. He observes, as a proof of the effi cacy of the system in preventing disorder and crime, that on Saturday and Sunday night last which are usually the two worst nights in the week, the only charges brought to the police office were two men for being drunk in the street, and three boys and a negro for sleeping under a pent-house. There was no charge of robbery or any other offence, which is the more remarkable, as the parish contains a dense po pulation of 30,000, and had the reputation of being one of the worst quarters of London. One part of the plan consists in employing twelve patrols, who begin their duty at dusk, and retire when the watchmen come on at ten o'clock. This is the period of the evening when most petty thefts are committed, and during which the public has had heretofore least of the protection of an efficient watch. Another excellent part of the plan is, that four active members of the Association go round the parish every night in turn, two and two, at uncertain hours, from half past eight in the evening until six in the morn ing. We wish the parties in general bad adopted some such system as this before the introduction of the new police, and then we should neeer have heard of the jealousy of Englishmen being alarmed by an arbitrary body of police, organised under military chiefs.—Morning Herald. We beg to point attention to an institution which, we believe, is but little known, but which deserves to be supported by every Christian and every man of feeling—we mean the Metropolitan Female Asylum, at Hackney. Such an institu tion was not only greatly wanted, but, indeed, more wanted than any other ; and to those who are in the habit of witnessing the forlorn state, and abject misery and degradation, of the poor creatures for whose reception and reform it is in tended, we are confident that it is needless to say a single word in its behalf. It is a pity that the institution is not more known ; for if it were, we are confident that, under due regulation, the means might readily be found, of returning. many poor, miserable, and repentant females to their homes and their parents, whom necessity hae driven to their present course of life, and who only want the means in order to forsake it. The Directors or Managers of it ought to make • it better known through the medium of the press, the only true engine of communication in cases of general importance and utility.—Moen. Adv. AN ANTI-MALTHUSIAN CIDIX.-At cordre, about two miles from this city, and situated on the read leading from this to Tramore, a cow, the property of Bea-rnotomr.w DHLANDR.F., Esq. brought forth, on last Thursday, three male calves, perfectly formed.—One of the calves died yesterday, but the two others are still living, and apparently very healthy. The utPer contempt for the doctrine of MALTHUS it most awfully ominous.— Water ford Chronicle. We understand that the new work in Peter borough cathedral is considerably advanced ; and is so beautiful, both in design and execution, that it may com pete with any similar construction even of the best times of Gothic architecture. The period selecled by Air. lir.oar, to the style of which he may assimilate his pre sent work, is that of K. Enw. 111. when Ecclesiastical architecture a*surned a breadth and dignity of character which is well adapted to the dimensions of Peterborough Minster, arid luxuriated in those rich canopies and that varied tracery tailich will form a fine contrast with the Norman simplicity. Strangers who see the prepared ma teriels for this splendid undertAking are immediately struck with the spirit in which it has been projec:ed, and the seientitie, taste dii , played by the architect ; but most of all perhaps with the extraordinary skill exhibited by the car vers of wood and stone, men born and bred in Peter borough, who without any opportunities beyond that of masons and carpenters in general, have displayed an inge nuity in their department which has perhaps never been surpassed. Liberal as the subscriptions for this great work have been, and nobly as the exertions of the Dean and Chapter have been met by the public, we 'egret to state that there is at present a deficiency in the supplies ; and unless these can be extended, the old alter-screen must still remain to detract from diet splendour which the new organ-screen and choir will cast upon this ancient edifice. We hope however that the wealthy of our land will not permit this, e specially when they consider that, in promoting this design, they are ooly helping to repair the delis to majornnt; for no cathe,lral in England suf fered more than that of Peterborough from the wanton de vastation of CAOMWELL's soldiers, by whom the ancient choir was burned, the screen., stained glans, &c. demo lished, and the sacred edifice converted to the us-es of a stable.— Cambridge Chronicle, • LAW INTELLIGENCE. VICE-CHANCELLOR'S COURT, Nov. 21. CARTER AND WIPE V. DRAPER AND LRE. Mr. Hott, beftht he proceeded to call the at tention of the Court to this ease, could not help expressing the surprise be felt, on learning that an account of it bad already appeared in the paper. This was the more extraordinary, as the pleadings had merely been opened yesterday, and he could not therefore sce how any body could tell by such means what the real nature of the case was. It had been stated, however, that the point involved in the case was the right to one-eighth of two-thirds of 5/. Now this statement was exceedingly improper, and could only have been put into the paper to preju dice the cause, or to excite the public mind, or for some other improper purpose. The plaintiffs in this case, Nicholas Carter and Jane his wife, were per sons of low condition. The wife was one of the children of a labouring man, named Draper, who died intestate in 1814. All the Court at present knew about the property of the plaintiffs, and all that could be known shout their property, until the accounts were taken, was, that they were entitled to certain leasehold property belonging to the intes tate, and also to other personal property consisting of household furniture and so forth. On the death of the intestate in 1814, his widow retained posses sion of the property, and, acting under what legal advice he dal not know, but could easily guess from the evidence, she had continued in the possession of the property up to 1822. In 1822, a Mr. Lee, an attorney who resided in the neigh bourhood, who had a garden adjoining this pro perty, and who cast his eye beyond the limits of his own domain, introduced himself as the solicitor of the widow. He was next found enticing the plaintiffs, at nine o'clock in'the evening, to a pub lic-house, and there 'persuading them to execute a certain deed. Now , the plaintiffs were illiterate persona ; neither of them could read or write. By this deed, however, the plaintiffs assigned over to Mr.'Lee this said leasehold property, which had belonged to the intestate, Draper, and the only con sideration that passed was 51., which was paid by Mr. Lee to the plaintiffs. The plaintiffs had taken out administration, because the widow had refused to do so; but the deed made no provision for the expellees of the administration. The deed, more over, expressed that a consideration of 401. had been given for the property, arid a receipt for 401. was endorsed on the deed ; but only 5/. was paid by Mr. Lee, the remaining 351. continuing still in his own pocket. He did not mean to say that Mr. Lee in tended that the 351. should remain in his pocket, but such was the mode in which the transaction had been effected. And see the consequence. The deed bearing on it a receipt for 401., his illiterate and ignorant clients would have been liable •to ac count for that sum to the others who were entitled to shares of the property, although, in fact, they had only received 5/. He would ask, then, whether such a deed,—whether such a transaction,—was to be held good in a Court of Equity ? A suit in equity was the consequence of Mr. Lee's conduct. In order to put an end to that suit, an arbitration was agreed upon : the arbitrators made their award ; but a certain time having been fixed, within which the arbitrators were to sign, two of them, by an accident, neglected to sign within the limited time, and consequently the award was of no avail. His clients had made , every offer to remedy this legal defect, in order that the award might be carried into effect ; but the other party had thrown obstacles in the way of this arrangement. On the farce of the award, however, it appeared that the property was worth 6GI. and a fraction, and the transaction of Mr. Lee, therefore could not stand. Mr. Lee had stated in his answer that he had purchased the property for a valuable consideration, and that gentleman could not, of course, be pleased with an award which falsified his defence,and declared the property to be worth 661., instead of 401. The Court would see, then, that it had to deal with a case very different from that which had been put in the paper by Mr. Lee, or by some one on his part. .Mr. Lee—l deny that, Mr. Horne; I havenothing► to do with newspapers. Mr. flortNE contismed—He did not know that that gentleman was Mr. Lee. An account of this case, however, had been put into the paper. Editors of newspapers were too respectable, too just, too cautious, to insert such statements without authority. It had, however, been stated that the hearing of such a cause was fixed for to-day : the counsel who were to argue the case were, mentioned by name, and the whole was merely an invitation to people to come and hear the proceedings. Mr. PARKER followed on the same side, and read a vast quantity of ;evidence. The SOLICITOR-GENERAL was heard for the de fendant at' great length, after which The VICE-CHANCELLOR dismissed both the origi nal bill and the supplemental with costs. His Honour, after observing that Mr. Lee's conduct in the trans action appeared to him to have been perfectly fair and upright, and that that gentleman appeared by credible witnesses to hare given the full value for the property, said that the only question now re maining was, who should pay the costs. It had been intimated to him that he had the power to make Mr. Leek pay the costs. He should be happy to hear the defendants on this point, if they thought fit, for he looked upon the conduct of Sir. Leek to have been most blameable. The SOLICITOR-GENERAL would look into the point of jurisdiction, and, with his Honour's per mission, mention the matter. The VICE-CHANCELLOR gave the Learned Conn ' sel the permission he asked. COURT 01? XING'S BENCH, Nov. 24. FISHER V. CLEMENT. This case stood in the new trial paper. It was an action for a libel published in a newspaper called Bell's Life in London. It has been tried twice, and on the second trial a verdict paSsed for the de- fendant. In a former term Mr. Campbell, for the plaintiff, obtained a rule nisi for a new trial. The case has been standing for some time in the new trial paper. In the last term the Court recommend ed a stet procestus. On the case being called on to-day, Mr. Justice BAYLEY inquired whether that re commendation had been acceded to. Mr. CAMPBELL said that his client (the plaintiff) wished to have the opinion of the Court upon the application for a new trial. The case, therefore, stands for argument. COURT OF COMMON PLEAS, Nov. 24. JAMES V. OLIVE, CALLING HERSELF PRINCESS OF CUMBERLAND. Mr. Serjeant JONES moved for a rule to show cause why the warrant of attorney executed by the defendant in this cause should not be delivered up to be cancelled, and why the plaintiff's attorney should not refund to defendant the sum of 111. 1 Is. Mr. Justice PARK—hlow is your affidavit entitled? Mr. Serjeant JONES—in the same way as the cause—" James v. the Princess of Cumberland." — The Learned Serjeant then proceeded to state the grounds on which he founded his application. The defendant had formerly been acquainted with a lady of the name of Stevens, by whom she was induced t o join her in a promissory note for 321. for her ac commodation, upon which they were both after wards sued by the plaintiff. Mrs. Stevens paid the amount of the note, but not being able to pay the costs, both she and the defendant were charged in execution in 1822. Mrs. Stevens died, and James went to America, where he also died. The "Prin cess" remained in custody until 1828, when the attorney induced her to execute a warrant of attor ney, she paying him 11/. in cash, and half-a-guinea for the person whom he took with him to the prison " a witness. Under these circumstances, the de• fendant sought to set aside the warrant of attorney. on the ground that the suit had abated by the death of the plaintiff before and alto that she • ought not to have been allowed to sign the warrant of attorney without having an attorney present on her part to protect her interest. The COURT granted a rule to show cause. FIGHT BETWEEN BROWN ANI) DOBELL, FOR TWO HUNDRED POUNDS A-SIDE. This match, which !its long been talked of in the sporting circles, although: it bas not produced much speculation in the betting way, took place yeeteiday at Crowborougln in the county of Sussex, in a field cid•e to the road leading from Tunbridge Wells to Lewes, and of rout se not far frdrn the borders of the county of Kent. Chailey-common, in the direction of Lewes, was first pro posed by Dobell, by whom the toss fur choice was won; but the Beaks being on the alert, he was obliged to " mend his call," and hence the ultimate selection which proved fortunate, as not the slightest interruption took place. Dobell throughout the latter part of his training, had fixed his head-quarters at East Grinstead, so that be was close upon the intended scene of action, while Brown had to be brought from the neighbourhood of Bridge north, from whence he arrived on Friday, and immedi ately pitched his tent with Ned Neal, at the Greyhound, on Streatham-common. The Caine men, it may he recol lected, fought before close to Bridgenorth, when Dobell was beaten ; but as be was then in bad condition, lie fl ,t -tered himself in a fresh trial he should be more successful ; and we understand, from his confidence in his own pow ers, " stood" nearly the whole of his hattle-money him self. This made bobell's fourth exhibition in the Prize Ring, having twice, before lie fought Brown, encountered and defeated a man of the name of Bailey. Brown in a similar manner completed his fourth display in the regular arena, having first fought and conquered Tom Shelton, and being then himself defeated by Philip Sampson. These " affairs," added to his two fights: with Dobell, make up the number. As we have already observed very little betting was observable ; but in general Brown was the favourite at 7 to 4 and 2 toil. On Monday Brown, accompanied by his brother, and some Bridgenorth friends ; Tom Spring and Ned Neal, set out from Streatham for the Shelley Arms, at Nutley, close to the residence of Sir John Shelley. In their way they passed through East Grinstead, where they hail an interview with Dobell, who was surrounded by hie friends, and attended by his chosen seconds, Tom Shelton and Peter Crawley. All was good humour, and each man seemed confident of the result of the approaching combat, no doubt booking himself as the victor. The assemblage at the Shelley Arms was unexpectedly numerous, and the house having only just got into the possession of Mr. Far ranee, the present landlord, who contemplates great im provements, but who had not had time to complete them, the sudden influx of so many guests produced no small commotion among the household duties. Every effort, however, way used to meet the demand, and with the ex ception of beds, sonic of which were destined to receive three inmates each, all passed off tolerably well, many con soling themselves with the reflection that a fraction of a bed was better than no bed at all. The Commissary, Tom Oliver, and his coadjutor Frosty faced Fogo, were among the throng at Nutley; and at an early hour in the morning they commenced forming a ring on a piece of the forest close at hand, but before they had completed their labours orders arrived front Dobell to move to Crowbotough, to which place they proceeded across the country by a most villainous road, and at the risk of being scattered like chaff before the wind, which blew a perfect hurricane; indeed, poor Fogo at one time trembled for his logs, which, he said, " he every moment expected would have been blown into the air, leaving him hanging to his drug like a skeleton upon a gibbet." Having been tied on to the stakes, however, he arrived safely at the scene of action, and, with the Commissary, lost no time in go- ing to work. In the interim Dobell with his cortege, embracing two earriages and four, and sundry chaises and pairs, gigs, ' horsemen, &c. started from East Grinstead, and paved the Shelley Arms, at Nutley, at a rapid pace, being obliged to take a circuitous route through Maresfield and Uckfield, to get into the Crowborough-road. Brown's party were soon in their rear, their carriages being all prepared for the start; and in point of respectability of "turn out," be ing much upon a par. The Dobellites, however, having the start by some minutes, reached the scene of action first ; and it being then close upon one o'clock, proceeded to the ring, which was not yet complete. Brown not having then arrived, and one o'clock having passed, Do bell's party were at once for claiming forfeit, and "to this intent" spoke ; but at five minutes after that time, Brown and Spring were within the still incomplete arena; and having attributed their deliy to the sudden move which had taken place, and their ignorance of the precise place of meeting, the contemplated wrangle was avoided, and Do bell agreed to wave the " chance" which was thrown in his way, and to proceed to action. The inner ring was now finished, and the outer circle enlarged. The assem blage was numerous, and among the multitude were many amateurs of respectability. The storm at this time raged with unabated fury, and the stakes having been pitched on a hill for the advantage of a very good gate, the crowd and the combatants were exposed to its utmost severity. The consequence was that casters, fogies, and umbrellas were seen driving across the Heath in all directions—their owners in full chase—while those who were preserved from these casualties were only secure by the aid of cords, straps, and hsruskerzhiefs, which were so applied as to resist the passing blasts. The usual preliminaries of choosing umpires andVeferees were now arranged, and the men peeled for action— Brown attended by . Spring and Tom Oliver, and Dobell by Peter Crawle) and Tom Shelton. The toss for choice of position, if any could be made 'in the disturbed state of the elements, was won by Spring ; but he agreed'to place the men across the wind, so that no advantage was gained on either side. Precisely at nineteen minutes to two o'clock both were naked to their waist.; and their hides were at once exposed to the merciless visitations of " rude Boreal.," which were sufficiently fierce to make the gazing throng tremble in their warmest wrapping. To.do the combatants justice, however, neither seemed to shrink from this hardship, and they came to the scratch regardless of every thing but the approlching struggle. Jit„point of condition they were much better that at theirfaV meetinv, Dobell looking much lighter in weight an d firmer in flesh, but still too much a la Bacchus to suit our notions of the necessary activity for a milling hero. His arms were too short, and, frtm the fleshiness at his shoulders, he seemed to want that spring which is essential to effective hitting. Brown was thin as a greyhound, and had an obvious advantage in length, while his general appearance showed a freshness and vigour, which had been mainly promoted by hard- rustic exercise throughout the whole of his training. At this in= teresting moment a few of the friends of Dobell readily ac cepted some bets at 7 to 4 and 2 to 1. Tag FIGHT. Round 1. The men came up cautiously, both cove , ing their points with judgment, and Brown evidently waiting fur the attack. Dobell did not keep bins long in sue pence, but let fly with his right at the head, which was prettily stopped. Be then tried his left at the body, but was again stopped, and Brown jumped away active on his pins. A long pause ensued, neither making play, but both receiving strong pepper from Eolus, which imparted a bluish tint to their mezzards; Dohell once more tried his left at Brown's body, but was out of distance. Spar ring and position changed, when Dobell made a rush and attempted to catch Brown's right hand with his left, while he drew back his right to hit, but Brown jumped back, and the effort was fruitless, as well as injudicious. Another long sparring bout, of which Doha evidently got tired, for he dropped his hands end looked merti fled ; but Brown seemed determined to give him the lead, and wait for his assault. Dobell now put in a slight body hit with his 1011, while Brown mad:• an over-handed chop with his right, but nsissed. Dubell became impatient, and making up his mind to mischief, tried his one-two; but both were stopped, and Brown jumped back. Brown now, in turn, made a dart, and put in his left slightly on Dubell's collar-bone. Do bell tried to plant his left and right several tivaes, but was stopped ;--at length he caught Brown slig•,tly with his right on the mark ; but the distance was ill judged, and Brown smiled. Long sparring ; Dobell stopped a well-intentioned ♦isit front Brown's left to his nob. Again did Dohell drop his arms, as if fatigued at holding them up so long, for 15 minutes lied now expired. " Go in, and get to work," cried Dobell's friends, and, after a pause, he followed their advice; he rushed to a rally, and delivered a slight tap on Brown's check with his right. This produced a quick return from Brown, who slashed away right and left with great force and quickness on Dobell's frontispiece, setting his eyes on the twinkle, and ultimately flooring him on his capac'ons base.—(Loud shouts from Brown's friends, and 3 to 2 offered in all directions.) The round lasted 17 minutes. 2. Dohell came up considerably flushed in his upper works, but steady. "In to him," cried Shelton ; and, obedient to the word of command, he instantly com menced operations; but he found the game not so safe : Brown was ready, and hit away right and left, meeting his men, as be came in, with sting,ing severity. Dubeil felt the force of these visitations, and turned his back for a moment. Brown saw the advantage, end, quick as light ning, jumped in, and as Dobell came to the right about, met liim with a flush hit with the right on his mouth,ana hie left on his nose ; this be repeated, and, 'after a 'Plig lll return from Dobell, he was floored ; the purple stys° distilling from his mouth and 'Piaboscii...:(4 )to 1 °P Brown, and no t .kers. ) S. Brawn now changed his tactics; and, seeing die' be bail it all his own way,he made the beginning with rig ": end left-banded chops ; but both were stopped ; Debe b ° however, was too much confused to play the saving ga r° , long, and in another second be found Brown's right A. left slap in his phisog. The hits were terrific. Dubs' made some returns, and caught Brown under the right Olt but tie rapidity and force of Brown's attack was lo t ' siatlble, he again jobbed well right and l e ft, and at dad $ down went Dobell of his own accord—be found he WAS ag the ropes, and sought refuge by dropping beneath theta."' (Shouts from Brown's friends in all directions, while Pete r Crawley ran to the unwires, and exclaimed, " That it tvas made all right for Brown, and thatDobell fight." )....While he was thus raving, however, his man Ml' again hronght to the scratch by Shelton, and the fourth i list round was fought. Dobell made a short but deuPe rate eff irt, lie Wanted one or two wild hits, but in return napped it heavily on his canuister, and was once Inn" grassed. It was now clear that all was over, and in fset plainly indicated that he would no t p rolon g what he o'l to be a useless struggle. On " time being called" Brof,o was proclaimed the conqueror, in exactly twenty.one, Inv flutes. He was as fresh as when he commenced, mediately shook hands with his antagonist,, and dreaded the ring. • ea Attention was now paid to Dobell, who compla in considerable pain in his right fore-arm, which was mu co g swollen and contused. He bad evidently lost the use i s it, and on being examined by two surgeons on the spots!, was pronounced to be broken, and he was carried 0 0 ,, the ring to receive. proper professional attention. 111 " 4. ' pendent of the accident, however, which i: is b e lieved ", • it** • eurred in the last round, from his arm coming' 'n n ° • o f . with the point of Brown's elbow, he had not a cii:Pee',o, winning, nor had he himself a doubt on the subject fr , a. the first round, when, from the difficulty he felt at getting at Brown, he said to Crawley he was sure it was no nee': • a. declaration which naturally excited Crawley'e clans, and led to the observation which he blid' e d e , awl which, from Dobell's state, he subsequently regr :i to He said lie thought it was odd that Dohelli s hould cut it so soon, and thin it was which provoked hirn t°l-` what he had said. • REMARKS. Considering the distance and the vicissitudes of luesilt - encountered, this was one of the most unsatisfactory Mt"; • that has been witnessed for some time. There were lit above four minutes actual fighting, and this all one .19 .8 1" A for Dobell never had a chance-=a result which many judges anticipated ; and the onl y sur p rise was, diat°, could be so imprudent as to make a match so obvionsly his disadvantage. He seems to have been battered, h° ever; with the idea, that had he been in better conditiod, whea he fought at Bridgenort h, he could have giveti.l better account of himself. and forge ttin g that Brovv6 that time, was equally out of sorts, and capable of imprdr; m e at, he resolved upon another trial, the issue of ss!fic must have satisfied him that his forte is •not Kis t. fighting, ond especially with men superior in Jolt'? activity, strength, and science. With a commoner 13 Wi:l Bailey, who is an old man, and who p o ssesses science, his slaughtering p owers mi g ht tell, but when orti, posed by science, these qualities lose their value; and s e t( the present instance, if met by c orres p ondin g powers "ii punishment, are altogether set aside. 7he verb t he round, as be confessed to Crawley , e videntl y satisfied host of the Black Bull ; and finding he could do nee; when at his best, be naturally conclude d the c*:. which followed were scarcely worth seeking. 1 ./P1 pat whole, we believe there was very little money von on the match. fro t oot- Dobell will take a benefit at the Tennis•eooll.o—bebooalf; row, when all the "great 'tins" will set-to in among whom hie antagonist, Brown , will be f°l-cfn ' and a strong muster of amateurs may be expected. NEAL AND YOUNG DUTCH SAAl.—This match eig"; °I an extraordinary degree of interest. It c omes LI, Tuesday next. Both men are in tip-top condition• m7:4. we believe, is on the coast of Sussex, and Neal ret v ; i 4 last night to Streatham. The place of meeting'' fixed. he bettilig varies from guineas to pounds of to even betting. _• LISTON'S CHOtOE.—LISTON, the COlneS4 —all the world knows LisvoN, fir all the world. laughed at Lim during, the last five-and -twenty 10,:t; is not a generally known fact, that when our sicians fail to cure a bad cause of quinsey, as tiTserlifo sort, they recommend the poor patient to „ t o, ifa , mus of the nineteenth century in Bob Acres or J'a•T,.% o when laughter has frequently effected what Na di .1 ",01 failed in. LISTON, till nearly five•and-thirty, bad been anti-hymeneal ; but then suddenly hecuro , jog , ot moured of the presrnt Mrs. L. (the smalleat the best wife in London) he sacrificed iiiitSe GOd in Ole 17, 1 Iron robes arrayed." One evening a party Of bis old ennifin friends were quizzing him on the corporeal inequalittq self and rih, as well as on his former bachtloric proti4s tinny. " Pub, pah," said LISTON, " I knew that . ma , r -r mony was an evil, yet in a weak moment I deternus no l committing it ; but I took care to choose the 8 0 .1 ". f.' quantity of the evil that ,England Could produce. ° ~ ,f A e l p abet ffzed irffoetriarettnhnte entrances li n es of la tj fnrt,,:dttilte:atps leading g a n r ot e im of Dtheev tne i at sr di o, pw a i t to be lighted with gas. O n the Salisbur y road h:og pipes will he laid as far as Southbroom ; and in tb,400 directions they will extend to the turnpike gates..-' 4 ' Advertiser. A farmer's doughter, a beautiful o ung 47 -1 y 0 is the pariah D—, Perthshire, made an clot* 0! on Saturday night last with one of t h e farm sale" puissant highlander. The " gallant Lothario,"' to oe° tion to Ida lovely bride, will hereby, in " maogrehof.' despite" of all, have a few hundreds of the "vellovr:iw to hug and caress, which now-a-days seldom hance the value of even a lovely woman in the t'. of most lovers.--Stirling Journal. Digra Y On Friday evening, a carter, named m-guerj 24 . CROSSLEY, was returning to Hoghton, with to and horse, and somewhere upon the new Bleckb, took up a woman named ALICE COUNSEL. .tt r a j time afterwards his passenger complained of 7".., 1 C and he thereupon kindly removed a cask of :11.4;.,0e*" was in the cart, to one side of' the vehicle, P,_ ut „ - betag e i of logwood on the other, and laying Some n'10011.% placed the poor woman upon it. CnOssl,o V . , Yl v .d conlinmd hiajourney till he came to the Park-r;;;,1,„ . "' ington, wheel the shafts suddenly snapped tt:- the cart of course canted forward, by which tn`.4. ofr nate woMan, the cask (weighing 11 cwt.), lit) I'b contents of the cart, were thrown out iogether. ,ofry ,:equence was, that the poor creature received jury that she died in a few hours. When tlieliir"l, the horse ran away, and CROSSLEY had to'ret6.:,,ilo before lie could see how his paasenger fared, iln,d back, he found her lying on the ground Vote. • der Ile had her conveyed to her ' lo re , but nohunst;"4pjfs4 avail. An inquest Was "held "hefiire "Pit7lol and a verdict of " Accidental Death" returned. ISIRTHS. . „.,1 V' On the 24thinst. at Sydney, Cottage, Hampsicir J. Sewell, of a t!augliter, atillSorn. fiso On the 21st irst. at Hig h w a y House, Firoile' Mrs. T. Pearce, of a son. of Cle r , On the 24th inst. Mrs. J . K. Gilliat, common, of a son. MARRIED. 6 11 5,1 On the sth inst. at Gibraltar, by the Roman i pi. Vicar General, and subsequently by the Ref., 6,0/ 1 / Garrison Chaplain (at her father'i residence, 10$ 111 40 Catherine Eustace, only daughter of Alexander ; hri, Esq'., merchant, to Capt. John Macdonald, (91 0 1 Invernees.shire, Paymaster in his Majesty', 114 Welsh Fusileera. I_4 "C. On the 24th inst. at the Catho lic Chapel, Kew Arl e afterwards at Kensington Church , Wm. Chi"' Mary, only daughter of the late G . J. Ferreir,s :,e• Bahia. n. /0 9 On the 21st inst. at Millbrook, Hants, Esq. of St. John's College, Oxford, to FasnY daughter of William Bramwell , E s q ., law °' Wells, Kent. de .0, 10 On the 25th Sept. at St. Helena, Bart ) f ict4.s4 Major in the Hon. East India Company', ser, Establishment, to Mrs. Lambe , widow at - Lambe. I DIED. oro cey On the 18th inst. at Yarmouth, George .10' e ' aged 68. ti ger ~o r On the 23 1 inst. at her h ouse, Iron to ° Art° to Fier eer 70th year, El zabth, relict of th e lo p li .%11e9, Esq. bel° o° On the 23d inst. at his apartm ents in C-01, ~., J. E. Leeds, Esq. late Deputy Surgeon of 4 ___ meat, aged 64. A llol l 40 1 ' , Pienrrirs AND PUBLIMent IiVADu snit SUIT Oa, t, 00114114*/