The Sun. — London, England, 1829-12-18 00:00:00

municate to the public the fact, that some im- disposed than Parliament as a body, or the patent changes are meditated, and even deter- IClergy, it may be questioned whether, without mined on, with respect to. the Church : we do a Reform, it is not better that the Clergy not speak of the reform of the ecclesiastical law, I should be led by corruption. Be this, how'. for which purpose a commission had been ap- ever, as it may, it is not very likely that the pointed, was objected to, and we believe is now 1 Government will easily part with such an effec remodelling, but with respect to the revenues of tive command over the Church as that which the Church. The Duke of Wellington, we , its present corrupt state gives them. Parliament believe, sees no reason why some of the Bishops lassembles in February and separates toward§ should not submit to a distribution of their ithe end of June. Little is done for some time property, as the Judges submitted at no long after the commencement ; there are various in distance of time ago to a reduction. The Arch- terruptions through holidays , and lon g befbre bishop of Canterbury is said to have an income, the close nothing fresh is entered on. During though there is probably exaggeration in the busy part of the Session, we have to attend the statement, of 36,0001. a year ; but he to the Hindoo Widows, to the affairs • of the has undoubtedly great patronage, not in the Canadas, the Cape of Good Hope, the treat- Church only, but in those Courts near us, of ment of our black fellow-subjects in the various which we hope to see the extinction ; and some sugar colonies, the lonian Islands, private Bills of this patronage we believe to be by law veil. by which property to a large amount is often dible ! The Bishop of London's income " has affected—and then the remaining time is divided increased, is increasing, and—ought to be di- between the consideration of the business of ad minished," his Grace thinks ; or at least ought ministration, and overtures for the reform of trot to be suffered to increase to the degree that abuses. One Member succeeds in obtaining a will be the case, if no impediments are thrown in House, and a discussion takes place. Another the way. We do not hastily enter into projects is baulked by a manoeuvre in preventing a House of reform, and particularly are fearful of changes being made. A Member is not ready with his in the Church ; but we have conversed with no Motion on the day for which he gave notice, one on this subject who is not ardent for the and it is some time before he can find an open success of the project. We ourselves are most day, or some other business, which it was thought particularly anxious that the proceedings of that would occupy little time, cuts deep into the vile old Bishop of whom we spoke some time evening, and the Member will not brin g it on at ago, should be examined by a Commission ; so late an hour ; and then the Session advances ; and the more so, as we learn from a come- a few things are touched on, nothing is defini a spondent in " the Isle," (whose further corn- tively fixed ; the Session closes, and matters munications we solicit), that he is exactly pur- are left for the next, which will resemble its suing the same course of brokerage, jobbing, predecessor. It may be said, then how do removals. and changes, for a second son, that he ran you account for the two great measures, through for the first ! We suppose he will loose the Repeal of the Test and Corporation his hold when he sees this. What we would Acts and the Catholic Relief Bill ? The wish now to know is, whether a person named Test and Corporation Acts' Repeal touched Parke, once a Fellow and, we believe, Tutor of no man's pocket ; and as the pride of the Dis- Pembroke-hall, in Cambridge, be still living, senters had been roused by Mr. Canning, a re and what are the present addresses of two Fel- jection of their application might have been felt lows, one of St. John's College, and the other pecuniarily by many Members of the House.— of Jesus, who were removed from, or accepted The other measure was a great achievement ; j their fellowships on condition of resignation, and when the nature of our political machine is without marriage, death', or succeeding to college considered, we question whether the Duke of livings. If there be any part of the patronage of Wellington had not greater merit in it than in the Church pure, it is that by which young men any of his strategical operations. Yet, after all, of merit obtain fellowships first, and then sue- the difficulty was rather in the persuasion that it reed to livings, without subserviency or obligation would not be successful, than in the extent of to any one. Would that prebendaries, deaneries, interests affected by the measure. It is when and bishoprics, were obtained in the same way ! you touch the pocket that you find your diffi- B u t yet we fear that even this sacred course has culties thicken around you as you advance.— been violated by the transactions to which some Touch the Brewers, for instance, and you will of our inquiries above allude, to the eternal dis- see how the voices of all the patriots will be grac e of the masters of those societies in which hushed. It used to be said of Mr. Pitt's m o d e the occurrences took place, who should have of making war, that instead of striking a blow at a ppealed to the Chancellor, to the Parliament, a vital part, which would have been felt in the to the world at large, rather than suffered them ! utmost extremities, he wasted the resources of The pamphlet, of which we took such a notice the nation in captures of sugar islands and paltry a s hort time ago, on Church Reform, has ob- enterprises, which had no effect on general re tained the attention it deserves: we have re- sults. We fear the same thing may be said of ceived a second edition of it. We learn from the Reformers. We are all labouring at dif common report that its author is a clergyman, ferent points, and nothing is effected. So named Berens, in Berkshire. We believe also long as Parliament remains constituted as it is, that the present Ministry approve generally of and each body of Reformers confine their efforts those moderate changes in t he Litur gy which to separate grievances, little way will be made. are suggested by the pious author. No one, we The public mind is no doubt enlightened by presume, will deny his being a friend to the repeated discussions, and this is an advantage, Church.—Times. the importance of which we are by no means disposed to question. But till corruption be The great consolation of all those who profit struck in her vital part, she will always be able by abuses in this country is, that the very multi to defy attempts at partial reform. We have tude of them distracts Reformers, and renders it seen what one man has done in Ireland ; for we almost impossible to succeed in any one hene- presume there can be little doubt that but for ficial undertaking. The abuses, too, are so in- Mr. O'Connell, the Catholics would yet have terwoven,—lend such aid to each other, that been unrelieved. Who knows but Parliamentary each reformer is chiefly anxious to effect that Reform may yet find in England a man capable particular reform on which he has set his mind ; of rousing the great body of the people to a all who prey on ae community rush to the point sense of the vital importance of the question ; which happens to be a:tacked for the time, and a man possessed of commanding talents, great by their combined efforts succeed in repelling the energy and enthusiasm, and a restless perse assailante.--Let any man go carefully over the verance, equal to that displayed by Mr. O'Con- List of Abuses, and attend to their history, and nell ? There are many able men in England, he will soon satisfy himself as to the difficulty of but it is rare to find intellect, ardent daring, and any Reform. Let us consider a few of them. restless activity united; and more especially in a Can there be a greater abomination than the man in circumstances which would enable him Licensing System ? Can any one who has read to act with effect. Rich men are generally de the printed Report of the speech of Mr. Barber ficient in perseverance, and if their moral prin. Beaumont, at the Crown and Anchor, in 1818, ciples are not thoroughly unsound, they are sel the Reports of the Police Committee, the Pam- dom so comprehensive as to lead them to sym phlet of Dr. Edwards, and a number of other pathise with the whole nation. But let us not publications, which have never been answered, despair. Because England has never yet had a have the slightest doubt that a more abominable great Reformer, it does not follow that she may abuse does not exist in any country?—" But then, not have one. We live in times which teem (said Mr. B. Beaumont,) it has been said to with strange events.—Morning Chronicle. me, consider the phalanx of wealth and We would call the attention of the public, and Parliamentary influence of the Brewers. Do especially of those who are said at this time to you think they will consent to anything be engaged in plan for the reform of our some which would lessen their profits ? Con- Ecclesiastical Courts, to the pantomimic scene sitter, too, the myriads of Justices we have— which took place in Camberwell Church on Sun all the M.P.'s are Justices. However, vehe day last, on the occasion of some person "doing meetly men may declaim against arbitrary.power enance, as it is called, for some scandal upon in the hands of others, they like to retain it when I ) a female. That any legal punishment should they have got it in their own. All these will op-1 amount c ntto a burlesque, and that the place se pose a giving up of the arbitrary powe r in licens meted far its performance should be one of Woreld ena. Consider further the influence o f these s two parties with the Minister, and you will find Divine I , affords but a sorry proof of that intellectual advancement of which we of the your objects hopeless." Suppose you were resent age are so apt to boast. The truth, to reform the Magistracy—all those who profit h owe ver, is, that the practice is nothing more nor by the arbitrary powers confided to them will less than a relic of Romish superstit i o n, and of o ppose you. The Brewer does not, perhaps , that os terous system of Church govern share in the hostilities of the Baronet or 'Squire prep to the poacher ; but he knows that the arbitrary ment in civil affairs from which the Reforma power gives the Commission its attraction to the lion sat us free, and is now reta in e d, with so me other similar absurdities, only to put fees _M.P.'s, and that the M.P.'s and other great into the pockets of Proctors and Civilians. It landholders give to the Magistracy the influencel is true that such exhibitions have, in our time, which upholds licensing. You wish to strike at become extremely rare, because they are now no the root of all the evils — the defec tive represen longer allowed to be commuted for in money—a lotion in Parliament. Here again you find the practice ohich had arisen, even since the Re - Brewers, wino are identified with th e Licensin g formation, to such a 'height that, in the reign of Magistrates, possessed of a preponderating in- Queen Anne, it was put a stop to by the Con fluence in a number of Corporations, and Par vocation. That Ecclesiastical Courts and Au liamentary Reform would destroy one of the thorities should retain their power over certain chief means by which they can turn their influ eceleaiastical offences—such as a non-residence, once to account. You wish to see the Law re improper eonduct, or neglect of duty in any of formed. Almost every man wh o can open his the clergy—there can be but little objection — mouth in Parliament is either interested in the con tinuance of fees, or awed by those who are in- none, probably, if there were the least prospect T he of seeing it vigilantly and impartially exercised ; fluenced. You want to reform the Chu rch. but as to this absurd subject of penance, it is tithes, for instance, are a burth en on'the agriculture n ever ihfli cted but for a civil injury ; and for of the country, and a grievous ta x on the cons- i every civilinjury there is, or ought to be, a ;flunky at large—a tax which increases with the remedy provided in the Common Law Courts. increased difficulty in obtaining food for the Vs 'e trust, :therefore, that among the reforms people—and you want a permanent eeettle ment with regard to them. There is hardly which are called to the notice of the Commis siooera, said to be just appointed for the purpose, a man in Parliament who is not sensible of the they will not neglect l the duty . of doing away evil; but who will dare to provoke the enmity of- the Church ? Besidos, one evil renders rt with this miseraole relict of priestcraft and sti difficult to dispense with another. The quail- peretition. Even were . there no . other objection . zation of Bishoprics, and other reforms io the to it, tire conversion of a mine into a tragi interior of the Church, would deprive Ministers comedy, and the Church into . the theatre for its I of the command of the Bench of Bishops; they perfo .. r . mance, must b.e. s . officient to show both its j i mouthy and its mischievous ondency.—Morn now possess. Bunt whoever attends to the his- i - tory of this country..must see that to the rank ing Herald. corruption in the Church we are indebted for The Brussels mail has brought us an account what little support the Hanoverian Govern- of the sitting of the States-General of the Ne meot re c eived from it ; and that had there been 1 therlends on the 1I th inst., and also a copy of an equa li aa ti u n o f Bishoprics, the Bishops the King's message to them , and a new p ro j ect as well as th e P ar i s h Clergy would have been ,of 'a law relative to the p ress. For some time Jacobites,' and' we should, consequentl3, have past there has been no small dissension in the had the whole influence of the Church in fa- I dominions of the King of the Netherlands re vour of the Stuart s . As the spirit of the ! specting the liberty of the press, and great Church is generally bad, and th e C omm itt ee of tyranny exercised towards individuals, who, in p ar liament forming the Ministry is often better i i the opinion of the King and his Judges, had offended against the law. The new project is intended to do away with the alleged offence's against the press; but appears to us to be con ceived in a spirit by no means likely to conci liate the opposition party in the Netherlands. The provisions of the project are, in fact, utterly at variance with constitutional liberty. The acts of the Government, it says, may be discussed with temper; but the King is not to be men tioned, nor any of the members of the Royal Family, in an objurgative manlier, short of the punishment of imprisonment for two or five years. The heads of the Ministerial department, and also the Members of the States General, with a view to depreciate the existing loans, or the authority of the Government," are to be protected in a similar manner ; and the re petition of the offence is to be punished by in creasing the penalty one-half ! This sinister project against the liberty of the press has ex cited a general outcry of disapprobation; and the journals of the provinces are filled with remarks upon it, which have as little of conciliation in them as could well be imagined. There is ano ther matter also mentioned in the Brussels Papers which, in conjunction with the preced ing, ought not to pass unnoticed. His Majesty of the Netherlands, it appears, had no small ground for dreading that the budget for the pre sent year would be rejected by the Chambers; and he has accordingly found means to persuade the people of the good city of Amsterdam to advance him a loan of one hundred millions of florins, in case the budget should be rejected. From this measure the spirit of the King of the Netherlands, and his love of constitutional free dom, may be fairly judged. A similar attempt at getting rid of the power of Parliament cost one Monarch his head in this country, and ano ther the expatriation of himself and family.— Morning Advertiser. LAW INTELLIGENCE. COURT OP CHANCERY, Dac. 17. FAWCETT AND WHITEHOUSE. The further discussion of this petition of appeal, which is of no public interest, occupied the whole of the day. ROLLS' COURT, DEC. 17. SMYTHE V. OAKLEY.-OAKLEY V. SMYTHE. This case came on in the shape of exceptions to .he Master's report, and for further directions. The circumstances were as follow :—Elisabeth Swaine died on the 21st of February, 1820, leav- ing by will her money and wearing apparel to James Smythe and Mary Ann his wife. At the time of the testatrix's death, there were four boxes and chests in her possession, containing among other things, a quantity of gold and silver coin and wear ing apparel. The question was, to whom did this property belong ? Smythe and his wife claimed it under the testatrix's will, and Richard Oakley, one of the executors, insisted that the money be longed to hire, as the personal representative of his father and mother, Richard and Ann Oakley, whose property the boxes and great part of their contents were stated to be. Smythe filed a bill to obtain pos session of the property in question, and Oakley filed a cross bill for the purpose of establishing his own right to it. A decree was made referring it to the Master to take an account of the property of the testatrix, and to inquire whether the chests and boxes, together with their contents, formed part of her estate, or had belonged to Richard and Ann Oakley deceased. The Master made his report on the 20th of December, 1828, finding that the tes tatrix died and made a will as before stated, that three of the chests and their contents had belonged to Richard and Ann Oakley, but that the fourth, a large oaken coffer, and what was contained in it, — viz., a mortgage deed for 8001., a promissory note for 2001., various Bank of England and country notes, 37 large Portuguese coins, of the value of 11. I6s. each, a purse of 177 guineas, and some silver coins, were the property of Elizabeth Swaine, the testatrix, at the time of her death. . Richard Oakley excepted to this last clause in the Master's report, and said the Master should have found that the oak chest and its contents (except the mortgage-deed and promissory note) had be longed to his father and mother, Richard and Ann Oakley ; alleging that they were consequently now his, as their personal representative. Mr., PEMBERTON was heard in support of the ex ception. A Learned Gentleman behind the bar, with whose name we are unacquainted, followed on the same side, and argued, among other points, that Eliza beth SwaiLe could not have saved a sum of between 2001. and 3001. The MASTER of the ROLLS—How do you show that she spent 501. a year, the interest upon the se • curities found in the oak chest, and admitted to be her's ?—it was answered, that in all probability Elizabeth Swaine never received the interest. His HoNouit—Except there be evidence to the contrary, the inference is that she did. The testatrix's family had been in the habit of hoarding money for many generations, but there was no proof that she did. The MASTER of the ROLLS—The fact of her fa mily having been notorious for such a practice, might have suggested similar conduct to herself. The Learned Gentleman—But Elizabeth Swaine declared that she had no money. His HoNouß—l knew a lady very well, who died about three years ago. She always repre sented that she had no property, and yet died worth 250,0001. Mr. BICKERSTETH ( With whom was Mr. BAR BER) was heard in support of the Master's report, after which, The MASTER of the ROLLS said the case was one of some doubt, and had been throughout a case of presumption. He thought the presumption in fa vour of the testatrix's right to the properly, and should therefore confirm the report. Mr. BICKERSTETII asked for costs against Mr. Oakley in the cross bill, which was unnecessary to the determination of the suit, the original bill filed by Smythe being sufficient for that purpose. His HoNowt refused the application, on the g►ound that the cross bill was in the nature of a Lill of discovery : and added, the case was so extremely doubtful, that all costs must be paid out of the tes tatrix's estate. COURT OF COMMON PLEAS, Dec. 17. IVEBSTER V. LAMERT. Mr. PAYNE applied, on behalf of the defendant in this cause, that the trial should be postponed to some future day, in consequence of a material wit ness, who had been subpoenaed on t:oth sides, hav ing taken a quantity of poison, and being now con fined in St. Bartholomew's Hospital. The affidavit on which the Learned Counsel moved, stated that the witness had yesterday swallowed two ounces of laudanum, upon which he became insensible. In that state he was removed to the hospital, where the poison was extracted by means of the stomach pump ; and it was now the doctor's opinion that he would recover. Mr. Serjeant WILDE, for the plaintiff, submitted that the affidavit was insufficient to support the application. The LORD CHIEF JUSTICE—This is a peculiar case, brother Wilde, Mr. Seljeant WILDE—They admit, my Lord, they have been pumping the witness.—(A laugh.) After having been pumped, I don't see what is to prevent him from coming; he only swallowed two ouneesl--(A laugh.) Mr. PAYNE—If this were the celebrated opium• eater, the Learned Serjeaut's observation as to "only two ounces" m i g ht apply. But as the wit stomach, IL believe, ness is a • person of ordinary "only two ounces" of laudanum is quite sufficient to prevent his attendance here. The LORD CHIEF JUSTICE suggested that the trial should stand over until to-morrow ; which was done accordingly. INSOLVENT. DEBTORS' COURT, Dsc. 17. Fanny Hunter, who was sued under the name of Stratton also, a young lady of prepossessing ap pearance, and very fashionably attired, was opposed by Edward M'Dowall, a linewdraper, of No. 31, Burlington-arcade, for a debt of 371. contracted for goods. Mr. M'Dowall stated, that one evening, about the beginning of June, 1828, the insolvent stopped at his shop-window in company with the wife of a respectable tradesman, of whom he had some know ledge, to admire the articles there exposed for sale, and upon his invitation they came into his shop. Not doubting her respectability, he sold her, on that evening, various articles to the amount of 3/. or 4/. In the course of three or four days the insolvent formally announced herself as Mrs. Stratton, of Brewer's-cottage, Craven-hill. Mrs. M'Dowall asked her up stairs, when she mentioned that she had a settlement from Mr. Stratton of 300/. a year. This was proved in evidence. He then took her orders for goods to the amount of 10/. or 15/. more, and after wards gave her credit in all to the amount of 37/.: this took place within a period of fourteen or fifteen days. Cross-examined by Mr. Comm—His shop was an extremely tempting one, so rauch so that it was absolutely impossible for any lady of taste to pass it without stepping in to purchase something.— (Laughter.)—He admitted that he had a very sil very insinuating tongue—(a laugh)—indeed, he could assure the Court that he had made many a guinea by his tongue.—(Loud laughter.)—On this occasion, when he saw the ladies at his shop-win dow, he prevailed upon them by his persuasive eloquence to walk in. During some parts of the cross-examination, which was admirably conducted by Mr. Cooke, the Court was really convulsed with laughter, which was heightened by the ludicrous and imperturbable gravity of Mr. M'Dowall. The CHIEF COMMISSIONER thought that under all the circumstances of the case, it would be too much to infer that the insolvent had contracted this debt upon a false representation of her circum stances, and therefore the Court ordered her to be discharged forthwith. George Wiseman, late a butcher of Stepney causeway, was opposed by Mr. CooKE, on the part of two creditors, named Fuller and Steel, arid ad judged to six calendar moaths' imprisonment, under the discretionary clause of the Act of Parliament. COMMISSION OF LUNACY. (Continued from our Paper of yesterday.) The letter from Mr. Hobler to the Chancellor's secretary, Mr. Loudham, in answer to the charge made against him by Dr. Burrows, for his conduct in visiting Mr. Davies, was read. The letter ex plained the several charges made. Mr. Hobler, in answer to questions as to this letter, said that Mr. E. Davies was in custody, and no person was allowed to see hire but by an order from his mother. Witness applied to the mother for an order to see her son, but was refused, and it was only on application to the Lord Chancellor that permission was given. [Here Mr. Hobler read his written application to the Lord Chancellor on the occasion, on which the permission was given.] William Davison was next called, but before he was examined in chief, Mr. BROUGHAM examined him as to whether he was in court during any part of the evidence. He denied that he had been for more than a minute or two, and another witness was called to contradict him on this point, but it did not appear that he was in Court for more than two or three minutes before being sworn. Davison was then examined by Mr. WRIGHT— I am a hair-dresser. I have attended Mr. Davies for three or four years. Sometimes three or four timea a week. He was always very mild and gentle in his manner until lately, when he became very violent, and would sometimes dash down the chairs with great violence. He used to be very tenacious of being seen while dressing, but latterly he used sometimes to have the window open. I generally used to dress his hair only, but latterly he got nerv ous, and did not wish the trouble of shaving him self. The day on which he threw up the window to dress himself before it, he alluded to the house of Kemble selling tea by retail, and said, that when wholesale tea-dealcrs came to sell tea by the ounce, it was time for him to dress at the open window. Witness then went on to state that Nir. Davies told him of his having lessons in boxing, and of his hav ing been sneered at by some persons, whom he in timated by looking steadily at them with his arms folded. Witness saw no great change in Mr. Davies's manner, that he used to put up his razors when done with them. Mr. Davies often told him that he would not hurt any thing that had life. Wit ness did not think him sane at this time, or compe tent to the management of his affairs. This was in June lust. Ile once told witness that he preferred seeing the company coming on the road from Ep som races to seeing the races themselves : that he once stooped for that purpose at a butcher's shop on the Clapham-road, to see the company pass; he saw a little child there for whomhe bought sornething,or gave it some money. He spoke of a lady in a car riage, who, he said, took great notice of him, and came out of her carriage and walked some time on the road. Cross-examined by Mr. BROUGHAM—I had no opportunity of knowing any thing of his private affairs, but I thought him unfit to manage his affairs. When a man is unfit to do one thing, he is unfit to do another. I saw him sometimes in his shop ; he was hurried in his manner—used to serve a customer very quick—(a laugh) —and then came up stairs to me to dress him. He always paid me, except in August last. He did not pay me correctly then ; there was a sixpence left.—(A laugh.) I don't know the full amount of the bill. Ile did not pay me all ; he had not change in his pocket, or some thing of that sort.—( A laugh.) Mr. BROUGHAM—Then 1 ought to be considered insane, for I have not a sixpence change in my pocket just now. Dr. Davis, examined by Sir C. WETHERELL—I am physician to the London Hospital. I visited Nits Davies in August last, in company with Mr. Eng lish, Dr. Cobb, and Dr. Frampton. We examined him first altogether ; then Dr. C. and myself examined him. I believe Mr. Gibbs was then present, but I am not certain. We proposed questions to Mt. Davies; but it is impossible to give any distinct ac count of the conversation I had with him from his manner, which was so incoherent, and his frequently changing subjects. It was intelligible as far as each particular subject; but he passed from one to the other without any connection. This conversation lasted about an hour or better. He would give a direct and generally a correct answer to any question, but he passed immediately to another subject not connected with it. We tried to keep him consistently to one subject ; but we did not succeed in doing so for any time. He himself might have put some questions and begun topics arising out of questions put to him ; but it was not possible to keep him co herent or consistent. As far as his subjects went, he was consistent ; but he changed very rapidly. He did not always finish the subjects he began — sometimes not the sentences. He was questioned as to his memory—sts to the nature of his studies. We asked him what was the nature of his studies. He looked around hint with uncertainty and anxiety, and said trade was unworthy of his mind or his powers, or something to that effect. He then, in the same urgent, hurried, and anxious manner, pointedtlt rie w to ," " e the window, and said, " There, there, prospect," and then used the words, " Shakspeare and Lord Byron." This ap peared to us coherent, as we understood them to allude to the subjects or studies which he liked. It is diffic,nit to state the definition of a delusion, but from what be said, I should say. his was " a delu sion of manner." I mean there was no connexion between the parts of his discourse; there was an un necessary emphasis and gesticulation on every sub ject on which he spoke. This was not sufficient for me to form an opinion, but there were some papers produced. I don't know whether we desired them : or he. It was he produced them, saying, " To prove to you I am of sane mind, I will pro duce to you some papers, which I wrote last night, or this morning." (I could not say which). He added, " If, after perusing those papers, you should be of opinion that I am insane, I shall submit." I took the papers, and we retired. After reading these papers, and taking the previous circumstances into consideration, we were of opinion that he was of unsound mind. I felt no difficulty in`coming to that conclusion. Our opinion was, that the two men (of Dr. Burrows's) should be removed from his hou.e, and some others of less apparent character substi tuted, because he was anxious on the subject, and disliked the appearance of restraint. We thought it necessary that some such persons should be placed about his person. Cross-examined by Mr. ADOLPHUS—This was about the 6th of August. I was desired to go by Mr. English. I was paid, I believe, by Mr. Gibbs. His pointing to his window, and giving the names of Shakspeare and Byron, I understood to be an answer to our question as to what were his studies. It was as much as to say—" My studies are Nature, Shakspeare, and Lord Byron." fhe answer was a very natural one. He used much gesticulation.— Some persons as well as nations use more of this than others. The French more than the English, and possibly the English more than the Dutch. I would call the gesticulation used by Mr. Davies " delusion of manner." It was gesticulation much more than was necessary, and much more than I could expect from a sane person. I have never seen Mr. Davies since the 6th of August. Re-examined by Sir C. WETHERELL—Suppose a man dancing about a room when he ought to be sitting on a chair, I would call it " delusion of manner." _ _ In explanation of what he meant by this phrase, witness said, when asked about his memory, he looked about very anxiously, grasped his hands to gether very convulsively, and at another time nearly dropped on his knees; and speaking nearly in a whispering tone, begged our pardon for what he was going to say, and said that he recollected Shak speare far better than his " collects." These;were instances of gesticulation not called for by his ob iervation. In fact, the whole of the time we were with him was a continuous example of this sort of what I call " delusion of manner." By the COURT—When I spoke of " the pre vious circumstances" as those on which our opinion of his insanity was founded, I alluded to his inco herency of manner. The state of Mr. Davies's bodily health at this moment was not good ; his stomach was bad. It i 3 difficult for me to answer the question how far his state of mind might have been affected by that of his stomach. I knew too little of him. My opinion was, that he was of un sound mind, and incapable of managing his affairs. Dr. Cobb, examined by Mr. WRIGHT—I am a physician. I examined Mr. Davies in company with the last witness. I took hold of his hand, pre tending to feel his pulse, but in reality to examine a sight eruption on his hand. I perceived a slight cut on his hand, and he became greatly agitated at seeing that I perceived it, arid struck his hand against his forehead with violence, and said, " my dear Sir," or " ray dear friend," I don't know which, " that happened in a moment of great irri tation, but I'll take care that it shall not occur again, I promise you." The circumstance to which he referred was stated by himself or somebody in his presence, an attempt which he had made to force his way out by dashing at the window. The other parts of this gentleman's evidence corrobo rated that of Dr. Davis, as to the then state of Mr. Davies's mind, as far as that he was unfit to be trusted by himself. In his cross-examination by Mr. BRODERICK, wit ness said that he had not stated to any one that Mr. Davies bad the itch. The explanation given by Mr. Davies of the scar, was not, to the best of my belief, that 1)r. Burrows's men wanted to put a straight-waistcoat upon him, and that he wanted to escape from them. lie did in the course of the conversation say, that Dr. Burrows had said when he saw him first, "Bring here the straight-waistcoat." Witness had not stated that Mr. Davies was inca pable of managing his affairs. So far as his business or his property went, he was capable; but my im pression was that he was not able to manage his general affairs. I thought then, by his being con sulted by his servants, that he was capable of direct ing his tea business, and I directed that lie should be allowed to direct that business until his servants should find that his instructions were unreasonable. I made no inquiry about his management of his pro perty. We were asked as to whether he ought to be allowed to give directions as to mixing of teas, and we said that he might. There are many points on which the opinion of an insane man might be taken. I did not consider that he was competent to manage his general affairs. I did not consider that it would be safe to allow him to have razors. Mr. William English examined, by Sir C. WE THERELL—I am a surgeon. I examined Mr. Davies on the 6th of August last, in company with Dr. Frampton and Drs. Cobb and Davis. From the answers he gave, and his manner, I should say he was quite delirious, and incapable of giving two connected ideas. He was then unable to manage his affairs. Cross-examined by Mr. BROUGHAM.—His man ner was quite delirious and incoherent. He was then quite incapable of managing his property or affairs. _ - _ _ . _ Re-examined--I have seen Mr. Davies since. I saw him last Saturday week. I now think him quite recovered, and capable of managing his affairs. It was DOW five o'clock, ar►d the case was further adjourned to to-morrow (this day) at eleven. LITERARY DISCOVERY.—Among the letters now lying at the Post-office, which cannot be delivered because the residence of the party to whom they are di rected is not known, is one addressed, " Samuel Johnson, LL.D., Author of a Dictionary ;" and it would appear, from what is written on the board in which this address is inserted, that some person having filled in a direction with his pencil, the postman has been sent to a house in the City, in search of the Doctor, who has been dead a few days more than 45 years. STORM.—On Friday afternoon, drizzling showers began to fail, with a rather smart breeze from the S.E., whic continued till nearly five o'clock p.m., when the rain fell heavier, and the wind blew louder, increasing with the lateness of the night, until at nine o'clock it blew a perfect hurricane, which continued with unabated vio lence till day-light next morning. On the morning of Sa turday the Nith had risen far above its ordinary bounds, From the New Bridge to Castle-dikes the river presented one sea of red and tumultuous waves, beating with fury against the houses on both sides of the river, and bearing on its angry bosom every thing moveable that came within its merciless boundaries, to its wild and boisterous lord, the rude Solvay. The inhabitants about Brewery-street, foot of the Friars' Vennel, the Sands, Waterloo-place, Nith-place, &c., were completely cut off from all commu nication with the rest of the town, except by boats, one of which continued to ply in Brewery-street all Saturday forenoon. In the Friars' Vennel the water reached as far es Mr. M'Casicies: shop, and the foot of Bank and As sembly-streets were completely flooded. At the Three Wells, opposite Mr. Titonsort's hat-manufactory, it was as deep as the axle-tree of a cart, and Mr. Woon's house, at the " Grove," was deluged to the depth of nearly three feet. The shipping in the river, to the number of about 13 vessels, was driven recklessly about at the head of the Dock. Altogether the Nith has not been so swollen these many years, and what damage may have been done to the rich bolms which it would cover before it reached here, we cannot at present tell ; for, with the exception of some which were seen p t u a r ss n i i n p g s and s the bridgesm all n s quantitiesat Saturday d o a f y h m o orning, we have heard of nothing. From the sea we are certain the accounts will be dreadful, as it was barely possible that' any vessel could ride out the storm of last Friday night.--Dumfries Courier. COURT OF REQUESTS. BROWN V. SCANLON. to Crier of the Court—" Jeremiah Scanlon—come in 7 Court, and answer the complaint of John . Brown miah Scanlon !—Jeremiah Scan—" " Here's meself!" said Mr. Scanlon—" ye needn't h le it makin sich a bother about it !"—and, throwing h o ': upon the floor of the Court, and hitching up his breog'''' he demanded—" What is it ?" * . ch i t Mr. John Brown handed in his account, by wb i appeared that Mr. Jeremiah Scanlon was indebted to Abu" in the sum of ss. sd. " for goods sold and delivered." n The CouaT—What are you, Mr. Brown?—Mr. —A botcher. The COURT—You mean a baker ?—Mr. Brown.--14'; I'm a botcher ;—I kills meat; and this ere five and fir piece was owin from Mr. Scanlon is for chops and ki4' net's. - S ►ath, is it chops Iva _r. oi-anlon—Now, by vartue yer kidneys?—Mr. Brown—And the half of a pig's face. Mr. Scanlon—Then by vartue yer oath, why did ) e it's chops and kidneys?—l submit to the Coort ye 'I, false sweat in man, and yer oath isn't to be took. The COURT over-ruled Mr. Scanlon's objection; bei . g decidedly of opinion that inasmuch as the half of the pig,l face must have been chopp'd from the other half,' it d'" in some soit come under the denomination of " a Chop , Mr. Scanlon—Why then its little justice I'll get Lee' at all! The Coo ax—Do you mean to deny that you owe the money ? Mr. Scanlon—lndeed I did not know SO' I owed him—how should I? The COUAT—Do you deny that you owe him any thing? Mr. Scanlon—Well, I owe him a thrilie, I suppose;l but it isn't all chops and kidneys—in regard of the j i g s face, and little's the mate was on it—'faith I wouldn't"g 7gt it the chawing if I saw anythin else handy ! Mr. Brown—Now, my Commissioners, I totally dell all that ere.—Mrs. Scanlon sends over to me by hsr Tittle gal; and says the little gal to me, says she, " Please N r ' Brown," says she, " my mother says will you send her half of a pig's face?" says she; — pig's cheek the li t t le can't! it—but howsever that says nothin. " g og; gal," says I—looking round my hooks, in this ruannerl (Here Mr. Brown turned himself round and round, 'l'; carefully surveying his hooks)—" My good g 4 :: } : a i r--: " I have no such article as a pig's face" says 1 ; y . Mr. Scanlon—But the one that grows on the top 4 Mr. Brown—" I have no such article as a rigs 14°' says I to the small, gal ; " but I'll send out and get which I did ; which it were as nice a half of a r as a hemprest would wish to dine off ofl which Scanlon herself sent word back, by my boy wot tuck as it were as lovely a face as ever she see'd ; The COURT—WeII, we have heard 'quite enough abou l 7 it. Scanlon, you must pay this account. Are you readY; e " Divel fire the account !—how will I pay it wh en I no spashey at all ?" replied Mr. Scanlon. And the Court oniered that lie should pay in a mon:h. THE MARK TS. SOUTHALL MARKET.—Dee. 113. In this day's market, which exhibited our great mas supply, very pi iine Beasts met with a tolerably brigk,. other fat stock with a very dull sale, at the following Pri ces per stone of 81b. to sink the offals:— i Beef 3s. ed. to 4,5. Sd. 3s. 4d. to 41. 6 Mutton —3 2 4 8 Pork 3 9 'I, The foregoing quotations are Beef from Sd. to 10 d ., btu this Bd., Veal tid. to Bd., and Pork 4d. per stone higher than 0014 day se'nnight. A considerable proportion of the supply left market unsold. HAI LSHAM MA lIK ET.—Dec. 1 6 . ai 3.5. 4d. to 4s. 4d. Os. O`n de a '' `", I V . - 0 M Su 8 pply of Sheep and Beasts to erably good, and tra 3 0 4 Pork 0 u alive. STEYNING MARKET.—Dec. 1 4 . 0 , 1. tope. 63 " 8eef,.,,...,.,,.,.. 3s. id. to 4s. Cxl. I Veal () : 4 *() 4 Mutton 31. 410 P0rk......,...... ShceP " d Supply good, and trade, particularly with Pr' . Beasts, somewhat brisk. ARh NDEL MA RKE'l,—Dec. 15; to AS. 4. 3s. 2A. to ss. 6d. Veal. . 0 . ' Mutton 3 0 46 I 310 4 4 Supply good, and trade tolerably brisk CHICHESTER M ARK ET.—llec. 1 6 . Beef 35..0.1. to 43. 4d. I Veal. 4s. Od. to 4S. Mutton 3 0 4 BPork 4 0 4 In Lean Stock but little was doing. Supply, which ernbra`',i a considerable number of remarkably fine and highly-fattqx Sussex Oxen, Steers, and Heifers , go od, and trade tolerably VI ' -------Ta3IFORD MARKET.—Dec. 16. ab s. d. to s. d. t. d. t 4 B ee f 3 0 t:4 Veal M ut t o n 2lO 4 2 Pork Suckling Calves from 14s. to ',:£4s. ; Quarter old Pigsl 2 s to 15s. ea ' Supply good, and trade tolerably brisk. COUNTRY CORN MARKETS DURING r FOC ' NN heat. Barley. Oats. S. to 1.7 Per Quarter. s. to s. s. 8 . 8 . t Blandford I 56 25 '''' Brigg— 5O 51 26 30 19 ‘ Cambridge..Z.--- '-"" 27 20 Chard 56 70 3:3 3S 24 30 7, 1 3 5 Huntingdon— 56 67 24 32 17 23 Long Sutton-- 46 57 16 2 , 5 1 Louth 46 54 26 28 18 ;:;14' 26 Lynn.. 46 60 22 32 1 6 Newark 53 60 28 37 17 28 38 3 . 8 1 2 Nottingham --55 62 30 4 0 21 $ Peterborough -- 51 70 37 40 IS 25 37 Plymouth -- 46 77 28 36 19 27 41 Pontefiact— 61 3> 24 -- Sleah ml -- 50 59 26 33 18 24 33 #.l Uppingliarn 50 64 25 34 lIS 21 9 28 3P sti Wisbech -- f5O LS LEEDS COHN ItKET.—llee. 15. There has been a large supply of Wheat to this aPi es market, with a good supply of other articles.---Th e b . 0 new Wheat may be noted Is. lower , and other d escripti ° o of new, 2s. lower than last Tuesday ; fine fresh Wheat being scarce, maintains its price, but other descri, tions of old dull and rather lower if sales have been effe et d The best heavy Malting Bailey has been sold on the te terms as last week, but the secondary and inferior beo both been lower if sales have been made, and a co nsidero u lj, 10 quantity of the damp and staked samples remain '9,, In Oats and Shelling no alteration, the same may be apl of good old and dry new Beans and Pease, the inferiorr tier Beans and damp new ones may be noted Is. per q ui fo lower. In Malt, Flour, or Rapeseed, we'note no alters" - in price. „ ct , /11 Wheat, Norfolk and Stiftblk, 60Ib. York. and Lincoln. 601 b. Barley, Norfolk and Sullblk Yorkshire and Lincolnshire G r i n di ng 32 Beans 63lb. Oats, l'otatoe —Mealing, Foreign 10d. to 11V....English 10d. to 126 ' I fo - iss L Shelling 2Ss. to 30s. Pe r , last; Rapeseed, English, 271. to 091.-- Foreign —l. to — .l . I ~ LIVERPOOL CORN EXCHA NG E.—Dec. 15- , n , f." WHEAT, English, White, per 701 b. 1 0 Red g 8 9 3 10 0 5 Scotch, Welch, and Manx --- Irish, Wh 8 3 ite g --- Red 7 10 0 , --- Foreign 9 3 "3 OATS, English, Welsh, and Scotch, ler 451 b 3 3 3 • Irish -- Foreign 7, , BARLEY, English, Malting, per Imp. quarter 36 0 4 Scotch and Irish, per 6011,s -- 45 Feeding - 4'2 0 0 BEANS, English, per Imperial quarter 2B 0 0 41 ° -- Irish, &c. 36 Foreign PEASE, English, per Imperial quarter Foreign 38 0 5 0 a 1 7 1.0u1i, English, per 2SOlb. 47 0 49 , ------ Irish OATMEAL, English Mid Irish, per 24011)s 26 0 so n '" INDIAN CORN, per 4101 b. live, per imperial quarter ..r> 0 6 6 v MALT, per Imperial quarter IMPOIIT OF GRAM for the Week ending Dec. 14. tal- Oo 19. Wheat. Oats. Barley Flour. ,„ 11, 6,919 Q5. 5,850 Qt: f1 . 2 ):2 iFore ,z ig o tl s , o ß rl s Irish, fie. , Sas. 1,. , I 2,55 a ,' .-- ___ ---- BIRTHS. of Lstely, at Florence, the lady of T. J. Ireland, ''4. a sun. 70 , . On the 16th inst. Mrs. Win. King, East Ilill, ‘' worth, of a daughter. MARRIED. ° On the 17th inst. by the Rev. Wm. T ar ot, r' r , to Captain Anthony Marshall, of the Royal Enginee lig' Jane, eldest daughter of Daniel Alexander, Esq'' 'oe mouth, Isle of Wight. i 14° On the 17th inst. at St. Paul's, Covent-garden, , t 0 been previously married on the 6th of May i.v4 Smyrna,) J. ;hurray, Esq. of Hornby-house, Lancl'ii'll# to Eliza Esther Mary-Anne, eldest daughter of .1 ' . • kinson, Esq. of Smyrna. Q t lOr On the Icith inst: Thomas Brown, Esq. of --• 0:13 01' Axe, surgeon, to Mary, second daughterof Mr. J . of Barbican. , 1 111 ' °' On the 14th inst. at Clapham, in her 92d Ytll,:;gtoP Medley, relict of George Medley, Esq. of New B . 0 Gri n ' street, and Buxted-park, Sussex, M.P. for t:loiir,l,l°' ' stead, and only daughter of the late Sir Timothy ' I of Clapham, and Hever Castle, Kent. dl lY 6 DIED. ifs.-. 0, On the 3d inst. at Clovelly Court, Sir Janao,ol Williams, Bart. of Clovelly Court, Eevon , and 0 0 ' ford, Carmarthenshire, aged 64. c Ye° On the 17th inst. Frances, wife of Mr. J. 11. '- 3e of Artillery-court, Chiswell-street. ra t Or On the 15th inst. at Brompton, Majo.-Gen e ,/. Codd. .- ig PEINTED AND PUBLISHED BY MUitDO YO 1 viz SUN Orlicr, 112, STs.A. - vv, 1,079'.5.