The Sun. — London, England, 1829-11-02 00:00:00

I lIRELANDA-PECIAL COMMISSION. (From the Cork Southern Reporter.) THUBSDAY...-SEVENTH DAY. owc rroß,- GENERA L—My Lords, I move you that the affidavit which has been prepared in reply to that read yes terday, be now read in public Court. 13111-011 PDNNEFATHER-If is too long, Mr. Solicitor. If one he read now the other must also ; and as the Court i. /atria' to he occupied the entire day with a long trial, I 'think it better that they should be read at some interval of tie tittroft-GENERAL—I hold it my right that they be Kati, and read now, my I aid ; it is most important that 'they be publicly read. Mr. O'Contir,LL—l object then to its being read. If leads be useless, that is one objaction—if in vindication, tfii~ is rva the place to vindicate. The SOLICITOR-C ENES A I. inquired if it were the in tention of the prisoners to join in their challenges ? Mr. O'CONNELL—Not any two of them. SOLICITOR-GENeatar.—Then I cannot proceed with the fourteen prisoners, until I ascertain the attendance of the long panel, and accordingly the calling of the long panel VMS then proceeded-with. The COURT, having ascertained that about two hundred . gentlemeo had answered to their names, said a sufficient number had been gone through. SOLICITOR-CENEnan repeated his application to have the replying affidavit to the one S.;ed yesterday, now read in open Court. It was most important that a document containing a tissue of misrepresentations—a document charging the prosecuting parties with a suppression of evi dence, and a withdrawal of witnesses for the prisoners— charging them with acts that, if the meanest person con nected in the remotest degree with professional duties were guilty of, he should be branded and dismissed his situation. It was to remove the effect which the publication of that affidavit, before this collected county, might have on the minds 14 Gentlemen, that he begged the Court to order the reply to he read. Tne COURT replied that the sentiments expressed by the Solicitor-General were very proper, yet observed that the affidavit was unaccompanied by any statement of facts.— Meantime, the affidavit should not remain unreplied to; and it was fully replied to by the marked disclaimer of the gentlemen on the part of the Crown. • SOLICITOR- GENERAL—My Lord, I want to remove, sa tisfactorily to all, the slightest imputation that might have been intended to east upon cur characters ; and yester day's affidavit bad both prospective and retrospective ef fect—retrospective, as regards the trials gone by, and pro spective. in relation to those which are to come on. How ever, send John Burke, John Shine, and Daniel Keeffe to the bar. Mr. O'CoNNELL—It me impossible Daniel Keeffe can be ready. It was only yesterday or the day before he was ar- re3ted. Baron Pitts NEFATHER-I don't think we can bring him to trial to-day, under the circumstances stated. It appears )to 'lraq only indicted ytsterday. SOLICITOR-GENFRAL-Thin is a repetition of one item in yesterday's affolavit. It has been replied to in the one now tendered to be read— ind in this wise;—that a true bill for k capital offence bad been found at the last Assizes against him ; and that be was, for reasons I can't divine, at large ; nod with such a fact being ascertained, be was then ar tstaal. Fresh bills have been now found against him, and We have put him on trial. Mr. O'CotorELL—We are unprepared to defend him, and as to his being at large, with a capital offence banging over his In ad, upon the finding of the hills he was not to know that. COMIT—We are of opinion that he cannot be tried sow, and more especially as lie was indicted for the As -lle was not arrested cerainly ; however, that cir eutnstasee tines not render him unatnenrOle to this Corn mit-sirot ; but he cannot, Mr. O'Connell, be considered as t t'anTet• nt witness, bills having been found against him. tot Keeffe's trial he postponed until the next gene ral gaol eelivery, he to be kept imprisoned until then. - Mr. O'CoicaFt.t.—l think I shall now thew your Lord , ships that I have a proper claim for an adjournment for an hour or two, of the remaining two prisoners. SOLICITOR-GENERAL—IB your application grounded in any manner on any connection with the case of Keeffe. Mr. O'COI•INELL-It is in part. Soircrroa-GENERAL—Keeffe cannot be a competent witness, now ; but if his Counsel shall think proper to have him separately tried, I have no objection to put him on trial singly; and in case he shall be acquitted, then you can have him as a witnes4. • Mr. O'CoNNELL—'Tit a pleasing duty to me to give trrdit for fairness where it is due. This is most fair. BoLicrron-GENERAL.Put Burke and Shine to the bar, and see shallproceed with these two. Mr. O'CoNNELL—Affidavits, I am instructed, can be made, that several material witnesses fur these two men rite now en the road—or ought to be. Mr. Jones the Coroner (I believe Mr. Creagh you knowhim)—(Laughter. ) —hits - discovered a chain of most important testimony. That 'zentletnan is now actively engaged in mating out that chain. We expect him and other witnesses in an hour or two, and we are ready to make affidavit, that be could not possibly effect his inquiries, and produce the witnesses sooner. SOLICITOR GENERAL-Do I understand that pending I those two hours, the Court is to be adjourned. ar—No, no; you had better begin to swear tile Jury. puerr,a-GENEnAL—WiII the prisoners join in their challenges ? Mr. O'CONNELL-Not any two of them. Pte challenges were then commenced. John Courtenay, challenged for Burke.—Thomas L. Williamson Mr. ('C.— I challenge Mr.. Williamson forfavour. Thomas Townsend, Esq., Barrister at Law, and Mr. Chatterton, Clerk of the Crown, were accordingly sworn to try the objections; and Mr. Williatnson was produced on the taile and sworn. Mr. O'CoNNELL—Pray, Mr. Williamson, have any of tli. prosecutors had any conversation with you on the sub ject , :f this Commission?—No. Mr. O'CoNNELL—Have you bad conversation with any gentleman touching those trials ?—Yes, generally. Mr. O'CoNNELL—Do you recollect having held a con ,ersation with a gentleman, when he said there should be gibbets placed on all the cress roads.? I do. Mr. O'CONNELL-Who was the gentleman that made use of that expression ?—No Juror. Mr. O'CONNELL—My object is to ascertain if the wit ness stands an indifferent personage on those trials ; and I am endecvouting, legally, to come at that knowledge my Lord. I have already elicited that the expression, of de cimating or gibbetting on all cross roads has been made use oft and a more horrible, atrocious, or dreadful expression could not escape the mouth of a human being. It is of a frightful, desolatory character ; nor could the miscreants who attempted to deprive Mr. Low of his life, have given birth to a more atrocious expression ; and when such words proceed from men moving in the influential class of Or community ; when, perhaps they have been made use by a father to his child—a brother, or by any whose ties of relationship must create the greater effect upon the mind of the recipient, then is there no undue influence to be pre- • stinted ? Unfortunately, in the lower orders of this country there are such ties asbinding brother to brother to the shed ding of blood, and in the upper classes, the prevalence of too much of the spirit that would interfere between the God of charity, and the poor man's conscience I want to trace those words to their source. The witness is not a willing one, yet has admitted that such an expression was used. If I may use figurative language, perhaps he comes from the enemy's camp. My object is to trace the words to the lips whence they proceeded, in order to ex olive that person why he pronounced them, or if they hail been banded dowl to him. •Am I not at liberty to a sk the witness if he assented to the propriety of the ex pr or gave vent to his indignation? I insist that it was calculated to affect the mind of a Juror in some way er other, and in order to. come at the fountain head of it, I shall send the case to the Triers for their decision.— Mr. O'Connell continued to argue upon his right to ex amine the witness as to whom the words bad dropt from, when Mr. WILLIA3IqON said Mr. O'Connell, if, in tie obser r•ati;Ms that have fallen from you, you think I would wish to see the people decimated or gibbeted, you little know my character. Mr. O'CONNELL—Crier, call Noble Hai nett, Esq , who leaving answered to his name, was sworn. Mr. O'CoNNELL—I have one question to ask you, Mr, Harnett ; did you hear any person in Mr. Williamson's presence, make use of the expression decimating or gibbetting. Mr. HAT:.:Err— I did : I heard Mr. Williamson him self make use of both expressions; but in a very different light from what you appear to take them. He said, after the trial of the four men who had been convicted, " Why, if they go on this way, they will want gibbets on every cross-road. SOLICITOR-GENERAL-I beg to adopt the sentiment. Mr. O ' CONNELL-4 challenge him peremptorily. The following gentlemen were finally sworn of the Jury :—William WOhoy, . John William Anderson, Thomas .Jos.. Biggs, William Busteed, Thomas Gallock, Hewitt Poole Ilardwin, John Smith, John Deane Free man, Thomas Knowles, Philip Somerville; henry Bald win, Henry Wigmore. The Crown challenged 14, the prisoners 40. John Burke and John Shine were then placed at the bar LONDON, MONDAY EVENING, NOVEMBER 2, 1829. The result of the third trial at Cork fully bears out the view we took of the subject on Sa turday—the prisoners were ACQUITTED. Will tl.e Solicitor-General take the hint in time ? Discretion is the better part of valour. We are happy to learn, by the accounts from ail parts of the country this morning, that there is a decided improvement in trade—with the prospect of a still further and progressive im provetnent. We are compelled by a press of matter to omit our Paris Correspondent's Letter, and other articles, till to-morrow. There is nothing particular in the French Papers. The following are the Funds :- FR.F.NCII FUNDS,-PARIS, OCT. 30.-Five per Cents., 103 f. 35e. 30c. 25c. 30c. 35c. 30e. ; Three per Cents., 82f. 70e. 65c. 70c. 65c. ; Bank Stock, 1,865 f. ; Reines de Naples, 91f. 901. 90c. 91f. 91f. 10c. 90f. 95c. ; Royal Spanish Loan, 7'7.1f ; Rente Pcrpetuelle d'Espagne, 53 ti 54 53 ; Haytian Loan, 3501. Exchange on London, one month, paper, 251. 65c. ; money, 25f. 60c. ; three months, paper, 251. 50c. ; money, 25f. 45c. PARIS STOCK EXCHANGE, OCT. 31.-hive per Cents., 108 f. 25c. 20e. 15c. 25c. 15c. 25c. ; Three per Cents, 821. 75c. SOc. 85c. 80c. ; Bank Stock, 18651. ; Rentes de Naples. 91f. 10c, sc. 91f. 90f. 90c. 90f. 80c. 90e. ; Rente d'Espagne, sf. ; Royal Spanish Loan, 7711; Rente Perp. d'Espagne, Haytian Loan, 3501. Exchange on London, one month, 25f. 65c. ; three months, 25f. 50e. The Commercial Letters from Naples, thi morning, state that in consequence of the peace between Turkey and Russia, grain had ex perienced a considerable decline, wheat being offered at 1. 52., and oats were also without demand. any Advises from Hayti to the 3d Sept. inclu sive, state that every thing at Port-au-Prince was very dull. Coffees had experienced a consider able fall, being at nine gourds per qu;. , tal. These accounts convey no political information. Frankfort Papers of the 26th, and the Allge meine Zeitung of the 27th October, have been received. The latter contains an apologetic article for the moderate conduct of Russia towards Turkey in the treaty of peace. Much praise is bestowed upon the generosity of the Emperor NICIIOLAS for his forbearance, seeing that he had the game all in his own hands. The writer, in the excess of his enthusiasm for the modera tion of the Emperor, forgets that if he had at tempted, ostensibly at least, for Heaven knows he has gone far enough in all conscience, to go any farther in his demands, that a reaction might take place against him which would compromise the advantages obtained by a milder course. Had Russia demanded more, the Powers of Europe in ould not only have granted less, but have questioned the policy of granting any, and would have quoted the Emperor's own declaration of moderation against himself. But we have not space to-day for entering fully into this subject, and must reserve otir remarks upon the modera tion of Russia, anti'the ,general consequences of the war, to a fitter opportunity : - . FRO) THE LOWER. RHINE, OCT. 17. The very general expectation of the victorious entrance of the Russians into Constantinople (to which there was evidently no longer any serious obstacle) has been disap pointed by the conclusion of the treaty of Adrianople. On the other hand we have the greater reason to admire the Emperor Nicholas as a generous protector of peace. It would be absurd to require the Emperor's generosity to go so far as to conclude a disadvantageous peace ;—no, the peace is and ought to be advantageous to Russia ; the contrary would be a reproach. But even according to the Russian Manifesto, and other political declarations of the Russian Court at the beginning, and during thc course of the war, the demands might now have been greater.— If we consider the war just ended in all its bearings, the negotiation of many years duration that preceded it, the insults that were offered to Russia, the injury that it sus tained, how a formal treaty of that of Akermann, which was to put an end to all differences, only added to the well-founded complaints of Russia, by the. perfidious n.glect of fulfilling it ;—lastly, how a Turkish manifesto de;troyed without reserve every appearance of a prospect of coining to an amicable ar rangement with the Porte. Lastly, if we consider host this war has been carried oa by Russia, with what pro digious exertions and expence, with what generous tor_ duct towards the enemy; and lastly, with what astonish ingly great success, we must confess that there are few in stances of a conduct so just, equally energetic and inwie rate, as that which Russia has displayed in the whole course of these political and military transactions. Let ~ny one chew us a treaty of peace conducted during the last fifty years, in which the conqueror with such advan tages, and such a position, showed equal moderation. When even the French politicians exclaim in their Jour nals against the arrogance of power, the abuse of victory, &c., this is unreasonable in the extreme. What ! the Russian armies are in possession of the most important pro vinces of the Turkish empire, at the very gates of the capital, which they have by dear-bought victories in a just war, and not the smallest advantage should result to their coun try from such conquests, and they should retire as if their urns had not been victorious ? THE FUNDS.--(THIS DAY.) CITY, Twiarr o'CLocr. The accounts from Liverpool this morning state that another week of extensive business has taken place in the Cotton market, and the sales during these last five weeks have been 103,200 bags ; the import this week is only 1832 hags, but the sales are 19,250 bags. The Sugar sales of this week arc 840 hhds., at about the former rates; nothing has been done i n F ore i gn . Quebec Papers to the 30th September, and Montreal to the 29th September, have been received at the Northam] South American t'off?e-house, hut are devoid of interest. We fully expected this morning several important arri vale, and the Jamaica and Mexican packets, in which we have been disappointed, owi , g no doubt to contrary winda, and in consequence of which, we have a great dearth of information, with no speculation going forward in the Funds to the present time. Consols, which left off nn Saturday at 90i- to 91 for Money, and 91 to i t for the Account, opened at the same price this morning, with little or no business transacting The accounts from Manchester this day state the blanket trade, when compared with its state for three months past, may now be caled brisk, and the looms much better em ployed. The quantity of goods sold in Huddersfield market on Tuesday last was larger than usual, but wages have not improved. At Halifax market on Saturday the quantity of goods sold was greater than at any previous market-day during these six months past. In the Foreign market nothing doing as yet. ENGLISH FUNDS. Bank Stock, 214,} 3 1 per Cent. 984 9 India Stock, 2221- 2231 New 4 per Cent., 103* 3 per Cent Cons. 904 91 4 per Cent. 1526 104-k b Do., for Account, 9t # India Bonds. 62 64 Ditto Reduced, 901 I- Exchequer Bills, 74 76 FOREIGN FUNDS. Greek, 191 201 Mexican, 21i 2 Peruvian, 13 14 Portuguese, 454 Prussian, Russian, 1041 Spani'h, si 4 TWO O'CLOCK. Brazilian, 651 6 Buenos Ayres, 23 5 Chi Han, 21 2 Colombian, 191 201 Daniell, 721 1 French, 5 per Cent. 1071 q Ditto, 3 per Cent. tai 3 The Bulls and Bears appear much fatigued this morn ing from their furious attacks of last week, and are rest ing on their arms, watching each other's movements, which causes a great stagnation in the Funds, and Consols have continued the whole of the morning at 91 for money, and 91 to* for the Account. They are also quite idle in the Foreign Market. Prices nominal, and nearly the same as on Saturday. The private letters, by the Express from Paris, bring the French Bente% in the evening, Three per Cents. at 82 90. The Neapolitan Stock has got up at Paris from 89 to 91. . Accounts from Ancona state, that some important event is on the point of taking place in Greece, and that the whole attention of the English Government relates to that country : the lonian Islands are being reinforced. A report prevailed at Paris, that all the paper on Ma drid is being bought up there by an august person: THREE 0' CL CK. Consols for Account, 91i. LAW INTELLIGENCE.-(THIS DAY.) COURT OF CHANCERY. This morning Lincoln's Inn Hall was the scene of con- Fiderable bustle. The Chancery long vacation being ter minated yesterday, the Loan CHANCELLOR resumed his sittings to -day. JARVIS V. CLARGIS. The SOLICITOR-GENERAL, obtained an order, directing that a petition in this matter for the appointment of guardians over children should stand for heating on Alen_ day next. COURT OF KING'S BENCH. ROBINSON V. WATERUOUSE. The ATTOR;;;:dENERA T. (with whom was Mr. Cuarrv) stated that this was an action to recover 8691. from Messrs. Waterhouse, the coach proprietors. The debt arose from the sale of horses to the defendants, to the amount of 7181., and a loan of 150/. The defendants had received a circular from Messrs. Waterhouse to attend a meeting of their creditors, for the purpose of fixing a composition for the liquidation of the respective claims of their creditors. This circular he received on the 13th of March last, a day after the sale of horses to the amount of 3681. The whole of the transaction took place in March. A compost 'ma was agreed on by the creditors, which was to be pai a stated time ; but, when due, another meeting wa• :ailed, cod the creditors who did attend (for the plaintiff did not) agreed to grant a further extension of time. Plaintiff, however, not having sanctioned this ex tension, and considering, as the composition was not paid to the time, that his assent to it was cancelled, he brought this action to recover the whole amount of his debt. Ile Learned Counsel then called witnesses, who made out the above statement. Mr. CAMPBELL was heard for the defendant ; after which the plaintiff submitted to a nonsnit, with leave to move to enter a verdict for the plaintiff, if the Court above should be of a different opinion ; or for a new trial, if the Court thought that there was any fact which ought to have been left to the Jury. end charged as those in the other cases had been, u ith having conspired to murder John Bond Low, Michael Creagh, and Henry Evans, Emirs. The SOLICITOR-GENERAL then rose, and in a long and eloquent statement recapitulated the evidence which was intended to be brought forward against the prisoners at the bar on the present trial, and which amounted to nearly the same as on the former trials. _ - The examination of the witnesses produced on the for mer trials was now proceeded with ; hut we are compelled to go to press without being able to introduce the minutes. Nowlan and Daly were examined by Counsel for the Crown, and cross-examined by Mr..O'Connell. The for mer identified Burke, but said be forgot the other man's name ; but be was an honest man. In the course of his examination, he addressed the Bench, saying, "My Lord, there are many in fur this trial that are innocent," and on going off the t.ble, he repeated the statement. Daly identified both, and swore that Burke was a Com mittee man. The witness was under cross-examination at a quarter-past three o'clock. t From the Dublin Morning Register.) FIVE O'CLOCK. During the exatninarion of this witness, Baron Penne father called Mr. O'Connell, with whom be conversed for a few minutes,- and then gave him the informations sworn by the witness the day after the alleged occurrences in the tent at Kildorrery Fair, which dirt not contain a syllable relative to the paper which he said, in his evidence on the trials, was banded about by Leary, one of the men con victed on Friday. Being cross-examined by Mr. O'CortsEr.t touching these informations, be said that he swore them the day after the meeting in the tent, and that he told the Magi strates the truth ; he did not know, he next said, whether he told lies or truth, but he told what he saw and signed the paper. The informations were now handed witness, and he said the name " Pat. Daly" was like his scratch, Ina he could not swear to it. He believed he wrote it, but would not go farther for the world. The witness further stated, at the close of a long and most important cross examination, that he was not drunk in the tent, nor did he hear Leary say so ; he did not recollect that be was drunk, or that. he discharged his stomach. Owen Daly,• the boy witness, examined on the other trials, was next examined, and deposed to having seen the paper signed by Connor, Leary, and Murphy ; but not by Burke, that lee saw. Mr. Creagh was the next witness examined. His evi dence was generally a repetition of that given by hint on former trials. On cross-examination, Mr. O'CoNNELL handed a paper to 111 r. Creagh, and asked him whether the signature at tached to it was his? Mr. Creagh said it was, and that the signature of Daly was by Daly himself. He, Mr. Creagh, acted upon the occasion as a Magistrate, and ap plied the usual test in administering the oath. NINE O'CLOCK AT NIGHT. At this hour, after a long and luminous charge from Baron PEN NEFATHEII, the Jnry retired, and after a deli beration of about twenty minutes, returned a verdict of Not Guilty.—The Court was then adjourned to nine o'clock next morning. tEICZ3 OF s'IcICX3 THIS DAY AT ONE O'CLOCK. R s.fi!,•Stock 3 per Cert. Red. ' 9n15% , Old Annuities . 90 1 / 4 A per Cent. Cons. 9 I IA, 9iin New Ditto — 314 per Cent — E. Bills,.£l,o)ii 2(l. 75 74 p m . Ditto Bed. nS; 9 Ditto ld. 74 75 pm. 3 per Cent. 17•.?6 — Ditto - wn .id. 75 74 pm. 4 per Cent. Ann '03414 Ditto lid. 74 75 pm. Ditto TSW 101% 5 Ditts Small Ditto Scrip - Ditto lid. '74 '75 pm. Liu L. Ann. 19% 13-16 Bank for Account — l'ii-lo Stock — India for Account — ritto Bonds pm. Cons. for Account 91% 1 PRICES OF FORVGN FONDS TIIIS DAV AT nNE O'CLOCK. Austrian Ponds • Neapolitan Brazilian Bonds 6. 5 34 Peruvian Bonds Buenos Ayres Bond - 23 4 Portuguese Bonds Cliiltan Bonds — Prussian, Old t 'olornbian Bonds — Ditto, New Ditto, 1824 Danish 1 2 14% Spanish, 1821 — Greek Bonds — !---- 1823 — Ditto, 1825 195( ( French Rentes, sp. c. —f. ---c. 1 Guatemala— I — Exchange —f. —c. IklexiCAll Bonds - 3 per cent. B3r —c. Ditto, 1525 213; I----- Exchange 25f.65.. PRICES OF SHARES THIS DAT AT ONE O'CLOCK, Paid. Brazilian Imp. MM. Co. (iss. at 5/. pm.) £2O Mexican Mining Co. £3s Guardian Assurance Co lO Per Share. 79% 7;4 241,4 R. GALLY KNIGHT'S LETTER to the EARL OF ABERDEEN, on the FOREIGN POLICY of ENGLAND, will be published next THURS DAY, the sth instant, price Two Shillings. James Ridgway, Piccadilly; and may he had, by order, of every Bookseller in the Kingdom. , tlll, o 4i s Vt. iv 4, VICE-CHANCELLOR'S COURT. This being the first seal prior to Michaelmas Term, his Honour the VIC NCE ILOR took his seat at Lincoln's- Inn, a little after ten o'clock. His Honour Ncas occupied the whole of the morning with motions (chiefly of course) pos,cs6ng no public interest. In the course of the day the Court intimated its intention to take demurrers to morrow. His Honour rose at twelve o'clock, Counsel hav ing no fnrther motions to go on with. COURT OF COMMON PLEAS. SELLENS V• NORMAN. The plaintiff in this case sought to recover the sum of 17/. 10s. which she alledged was due to her from the de fendant, for arrears of wages. From the contradictory nature of the evidence, the case is likely to occupy the principal part of the day. The Duke of WELLINGTON gave a grand dinner yesterday at his residence in Downing-street, to several of the Foreign Ambassadors and Ministers and their Ladies, some of the Cabinet Ministers, and other official Gentlemen. Among the company were the Rus sian Ambassador and Princess LIEVEN, the Austrian Am bassador, time French Ambassador, the Prussian Minister, the Netherlands Minister, the Earl of ABERDEEN, the Earl of ROSSLYN, Viscount BERESFORD, and several of the Secretaries to the Foreign Embassies. OLD BAILLY.-(THIS DAY.) John, Freeman, aged 45 years, was capitally indicted for having uttered a forged purported order for the delivery of six pipes of wine from the London Docks, with intent to d e fraud the London Dock Company. Another count in the indictment l.►id the property to belong to Messrs. Cousins, Manchester. Mr. ALLEY (w►th whom was Mr. Bonxix) stated the case for the prosecution. Mr. ADOLPHUS defended the prisoner. On the dose of the case for the prosecution, Mr. ApoLimns was about to enter into several legal objections. The Foreman of the Jury rose and said, that as it would save the time of the Court, he was directed by his bro ther Jurors to say they had made lip their minds to acquit the prisoner. Verdict—Not Guilty. APPALLING MURDERS, PERPETRATED NEAR HADDINGTON. In this paper we are tinder the painful necessity of recording two atrocious murders, which have spread apprehension and alarm throughout East Lothian.— A careful investigation warrants the conclusion, that there has been only one person concerned, and that the homicide was stimulated both by a spirit of re venge and a love of plunder. The following are the details:—Mr. Franks, lately deceased, was gamekeeper, butler—indeed, an every way useful servant, to the alti Lord Elcho ; and when age, and consequent frail ty, rendered him unable for the prompt discharge of his multifarious duties, his Lordship made such arrange ments as enabled his old and respected servant to subsist in a humb'e but comfortable independence. On the 26th July, Mr. Franks was consigned to the grave, and he left the hapless subjects of this notice—a widow nearly fifty, and a daughter of fifteen years of age—to lament his loss. On Saturday last, according to custom, they attended the Reverend Mr. Hogg's Chapel, and no doubt they had very little suspicion that it was for the last time. The house in which they resided is nearly 100 yards from the village of Abbey, and with the garden is enclosed by a wall above six feet in height. The village youths never once thought of stealing fruit from people so warmly beloved, and consequently the garden door stood always open. Having his plans carefully matured, the murderer deliberately fastened the garden door so that the escape of his intended victims, and any at temptsnit assistance, were rendered exceedingly difficult. He then scaled the wall and proceeded to the awful work of homicide. His first attempts to gain admit tance, was on a window in front of the house. He broke two panes of glass, but the inside shutters were too securely fastened to yield to his efforts. Baffled and disap pointed, he had recourse to another window in the same room, and after breaking two panes of glass, and after a world of exertion, the keeper gave way, and the monster obtained admission. He passed deliberately through the room, through a sinuous passage, through the kitchen, and then burst into the bed-room of Mrs. Franks and her daughter. The unfortunate ladies bad been alarmed by the noise the villain made in breaking into their sanctuary. The mother had time to throw her gown over a petticoat, but the daughter, a stranger to the crimes of the world, and naturally possessing a more tranquil mind and being more soundly asleep, had barely time to clothe herself with the gown she had had on at church, ere she was in the grasp of her ruthless murderer. In the delusive hope of escape the wretchel mother fled from the appalling scene of death, and ran' to the garden door, expecting to reach the village, but then she was stopped by the fiendish deliberation of her destroyer. Having despatched he daughter, he followed the mother, seized ber at the action .door, and, with one of her own table-knives, ended er life by nearly severing the head from the body. He then hrew the Weeding corpse into a hog-stye,which was only I U yards distant, and yesterday afternoon the marks of the ruf fian'e gory bands were obvious on the entry door. The bloody tragedy being finished, the scarcely less important conside ration next came, that of plunder. Me coolly locked the kitchen door inside, turned out the contents, and ransacked all the repositories ; indeed, so minute and persevering was the search, that a considerable breadth of plaster was torn from the roof of a room in the attic story, where there had previously been a small aperture, in expectation, no doubt, that money was concealed in that unusual Flace. The rings were torn from the ears of Mrs. Franks ; three gold rings, it is said, were taken from her finger, which are carried off, along with a silver watch. Unfortunately the murderer missed a bill of 171. 10s. 6d—unfortunately, it is justly considered—as tl:e subsequent progress of this bill might have been the means of tracing out the mur derer with less trouble than, it is feared, will be requisite in bringing him to the nominious death he deserves. I raving completed his unhallowed undertaking, and secured all the plunder that suited his purpose, the ruffian retired, as he had entered, by the window. Neither on Monday nor Tuesday was Mrs. Franks or her daughter observed, but this excited no surprise, as it was concluded by those by whom they were missed, that they were absent on a friendly visit to a relation who resides in North Berwick. On Wednesday morn ing a woman requested a young man to make his way over the garden• wall, and ascertain if a pig that be longed to Mrs. Franks had any provision. He promptly obeyed, and on looking into the hog-stye, be was horri fied by the sight of the widow's mangled remains. He gave an involuntary, but vehement scream, and his employer, Mr. Dudgeon, a miller, and a number more, promptly repaired to the spot. The body was taken out, and to their inexpressible horror, they discovered that her throat was cut from ear to ear. Alarming suspicions flashed across their minds; they instantly ran to the house, and, having obtained an entrance, they discovered the daughter—pale, dead, lying amidst a great quantity of blood, and the brain protruding from her skull. The alarm immediately spread, and horror and conster pation accompanied the awful details. Lord Elcho, the Sheriff, the Procurator Fiscal, accompanied by Doctors Howden and Black, repaired instantly to the scene. The civil authorities are using every possible exertion to discover the murderer. One man has been apprehend ed—he has been once examined, and remains in Madding ton Jail under circumstances strongly. suspicious.—Scots man of Saturday- The Spanish Minister had a long conference with the Earl of ABERDEEN on Saturday at the Foreign Office. Despatches from Lord HEYTEsBURY, our Ambassador at St. Petersburgh, were brought by a King's Messenger to the Foreign Office, yesterday morning. Arrived in Hastings Roads, on Wednesday, 28th instant, from a cruise in the Baltic, the Gulnare Yacht, R. Y. C., RICHARD DAY, Esq. We learn from good authority that the KING'S general health is excellent, but the state of his MAJESTY'S sight is not quite as satisfactory as might be wished. Some time back the cataract on the left eye bad assumed an appearance and consistency which led to an expecta tion that the proper time for an operation was at hand ; but it has latterly undergone a change which hes the effect of diminishing the chances of success, and of ren dering the operation itself a matter of difficulty. The effect of this change is one way beneficial, as the power of vision in the diseased organ is materially improved. The unpleasant state of his MAJESTY'S sight makes the neces sary formality of affixing the Royal signature a matter of some inconvenience, and the practice has latterly been to place a piece of blotting paper over the space intended to receive it, which is removed by the KING, and replaced as soon as he has gone through the requisite formality. Sir lIENRY HALFORD went to Windsor on Saturday by command, but his visit had reference solely to the state of his MAJESTY'S eyes, the general health of the Monarch not requiring any particular surveillance, being, as we have already stated, excellent. We apprehend it is not his MAJESTY a present intention to pmy the expected visit to Brighton; circumstances may, however, occur to make a change in this determination. The KING'S spirits are represented by the individuals admitted to the honour of a personal intercourse as even and cood, and his manners re tain all their accustomed fascination.—Morning Chron. EXECUTION AT PA I ST, EY.—On Friday Jon Ist CRAIG, glazier, and JAMES BROWN, labourer, were executed in front of time Court Houses in Paisley, for the crime of stouthrier —Scotsman. DESTRUCTIVE FIRE AT CLAPHAM THIS 111°11.Ni:ea.—The inhabitants of Clapham Common and its vicinity were alarmed this mottling, soon after eight ' o'clock, by a cry of fire, and on proceeding to the spot from whence it issued, discovered that one of the work shops belonging to Mr. MILLS, jun., one of the most ex tensive builders and carpenters in the neighbourhood of the metropolis was in flames. At the time our reporter left the fire was still raging. ROBBERY AT THE WAGGON AND HORSES. --At the Mancllester Michaelmas Sessions on Friday, JoNA s LANCASHIRE, WILLIAM RODEN, and WILLIAM EAST woon, were convicted of stealing from the house of Wm . LIAM LOWE, in Manchester, on the 10th of September, upwards of 1601. in money, and a quantity of silver spoons; when, after the examination of a nurcber of witnesses for and against the prisoners, the Jury found them guilty, " and sentenced LANCASHIRE to transportation for life, and Ron Est and EASTWOOD to 5 , ; ; ;:ars each. The parti culars of which have already appeared in our Paper. SHIPPING INTELLIGENCE.--(THIS DAY.) FROM LLOYD'S. DEAL, Ocr. 81.—Wind W.N.W.--Arrived the Crown, Sinder, from Manilla. Arrived from London, the Mexborough, Livingston, for Grenada ; Tulloch Castle, Pearce; Eden, Slader ; West Indian, Simpson; and Gar land Grove, Pangelly, for Jamaica. Nov. I.—Arrived from London, the St. Vincent's Planter, for St. Vincents ; Elizabeth, Hudson, for Ti 1- nidatl ; and St. George, Brown, for Grenada. PORTSMOUTH, OCT. 31.—Wind E.N.E.—Sailed his Majesty's ship Onyx, for South America. PLYMOUTH, OCT. 31.—Wind N.—Arrived the Bri tomart transport, from Woolwich for Barbadoes. FALMOUTH, OCT. 80 and 31.—Wind N. W. to N.E.— Off Port, the Royal George, Wilson, front Bengal, sailed from Sandheads the 11th of May, and St. Helena the 30th of August. The Churchill, Dunstone, flout Li verpool, discovered the 25th inst., cff the Arms Head, in about two fathoms the main boom of a vessel (supposed a schooner) about 10 feet out of water, painted green and black, which upon being hove on, a new mainsail, with white gaff, appeared, when the hauler parting it sunk. DARTMOUTH, OCT. 31.--Off Port, the Minerva, from Newfoundland. _ _ . PENZANCE, OCT. 81.—Off Port, the Caroline, Fur long, from Gambia. BRISTOL, Nov. I.—Arrived the Henry, Westcott, from Smyrna ; and Armida, from St. Petershurgh. CLYDE, OCT. 31.—Arrived the Jane, Haddow, from Quebec. Duaraiv, OCT. 30.—Arrived the Mary, --, and Warrior, Morrison, from Quebec. LIVERPOOL, OCT 31.—Arrived the John, Wills, from Virginia; Jesse, Boag, from Quebec; and Fanny, Fur ran-, from Malaga. Off Port, the Indian Lass, from Newfoundland THE MARKETS.-(THIS DAY). CORY-EXCHANGE. The contrary state of the wind last week prevented tl:e arrivals of Corn, and the quantities were therefore sm all. Of Flour there was a larFe supply. This morning the samples of all kinds of Grain fresh at market are not nu merous. For superfine pai eels of New Wheat an adwnce of Is. to 2s. per quarter has been obtained on the terms of this day se'nnight, but other qualities, both Old and New, are unaltered, with only a moderate sale for each. Barley of prime description may be stated Is. per quarter dearer. Malt continues excessively dull in sale. Old Beans firmly maintain late prices. New Beans come in better condition, and in consequence obtain rather higher prices. Pease of both sorts fully support last week's rates. Oats that are sweet and good sell rather more freely, and are the turn dearer. but there is no alteration in other kinds, and stale parcels remain nearly unsaleable. There is rather more doing in the Flour trade, at the late decline in value. FRICES ON BOARD OF Wheat, lied (old) 4Bs. 70$. -White (old) s'e. 783. -- Red (1829) 42i. 495. Fine sos. 58s. -- Superfine 634. 665. --White (1i29) 46i. I,Bs. Ftne Os. fiqs. Superfine.. 70s. '72s. Foreign free 455. Fos. Rye Barley --- Fine 3ls .31s. - Superfine " 3ss. 383. Malt - 4.55. 565. - line 58s. 635. Pease, Grey '34s. 36c.. -- Maple 37* ags. --- White ---- Boilers 395.425. Beans, Small (new) —s. —s. (old) .... 40s. 455. --- Tick (new).... 28s 325. (old) ....355. 375. -- Harrow (new) 325. 355. (old).. 40s. 428 Brank 225. 21s. Oats, Feed 14s. 248. New rs. '22s. Poland 17s. 28s. New Ns. 265. Potatoe 235. 28s. New ...21s. 30s. Scotch Old 30s. 31s. Irish l3s. 17s 255. Flour Town (per sack) 55s 60s. -- Seconds 455. 525. North Country 41s. 525. Bran ARRIVALS OF GRAIN IN LONDON DURING LAST WEEK. 7;1 t 7 X g tZ ""4 •r, From Whence Fo . 2 . f' . .. -' ' g' 8 ., E C - ~, „, • • ... ft, T . . : 4 • ---- - 4= -- -- Qrs. en , . Qrs. Qrs. Qrs. Qrs. Scks. Aldbormigl , l4 136 31 220 20 Alemouth — 924 lloston Bridlington — 30 50 570 Cowes Colchester 173 139 200 445 162 704 ). r, Harwich 7,;• Leigh 474 175 10 103 121 70 xi Maldon 304 200 13 420 691 910 Grangemouth Hull Ipsvrich 269 431 537 183 I e 1 1251 Kent 654 450 110 147 348 210 1106 Lynn - Newcastle 9 13 40 Newhaven - Poole — 13 Rye — —.— Scarborough - • Ftockton — 40 1120 Whitby — -. 20 Wisbeach 385 330 Woodbridge 167 460 175 106 97 337 Yarmouth — 701 90 3892 Aberdeen Arbroath Banff — - 1513 Berwick Inverness Kirkaldy Leith — 20 —.-- 2920 3821) 1516 8386 1921 1771 11485 I rust!. Dublin — 25 590 Sligo — 700 ~.... Youghall FOREIGN. Bremen 2 ,5 550 Cologne l2l _ _ _ _ Copenhagen , . Dantzic Fredcricstadt Lubeck 350 _ _ _ New York B6 Petersburgh ...... , 2155 _ _ _ _ Randers .... ...... 630 _ Riga Sonderburg — 350 30 Stettin Spain l2O Coastways 3O 457 323 100 -.- — -- -- Total— 10710 6316 1516 10291 2571 2124 12925 AGGREGATE QUANTITY OF OTHER 'KINDS OF Yuma. Rye, 12—Tares, 116—Linseed, 3765—Rapeseed, o—Brank, 750 Mustard, 181—Seeds, 294. SMITHFIELD MARKET. In this day's market, which was well, though not to say largely supplied, Beef, Mutton, and Pork, met with a to lerably ready sale, at an advance, Veal with a very dull one, at a depression, of from 24. to 4d. per stone from Friday's quotations. The supply was, for the time of year, of fair average quality. PRICES PER STONE OF BLIIS• TO SINK THE OFFAL% s. d. to s. d. I s. d. to 5. d. inferior Beasts 2 2 2 4 Large Lambs 0 0 0 0 Second quality ditto 2 4 2 6 Prime small ditto 0 0 0 0 Primelarga Oxen... 3 2 :3 6 Large coarse Calves 2 6 3 0 ['rime Scots, &c..... 3 6 310 Prime small ditto 310 4 '2 Inferior Sheep 2 2 2 6 Large Hogs 3 8 4 2 sccond quality ditto 2 8 3 4 Small Porkers 4 6 5 0 Coarse-woolled ditto 3 4 310 Suckling Calves 12s to 30s. each SoutlidownWethers 310 4 4 Quarter old Pigs 125 to 16s. each. SUPPLY, AS PER CLERK'S STATEMENT. Beasts. I sheep. I Calves. I Pigs. 3,081 I 19,010 162 2lO About 2400 of the beasts came up the different North Roads ; about 350 from the western and midland districts ; about 50 from Norfolk, Suffolk, Essex, and Cambridgeshire; but 2 from Kent and Sussex ; and most of the remainder from the marshes, &c., in the neighbourhood of London. NEWGATE AND LEADENHALL MARKETS. At per stone by the Carcass. a. d. to s. d .l I s. cites. d. 0 Beet 2 0 3 21 Veal Mutton ... 2 2 3 6 Pork 3 0 4 6 The improvement in business is more decided. The sales of cotton yarn have nearly cleared the market of numbers below 100. Large purchases have been made both by the manufacturers and exporters. This vivacity has occurred very opportunely before the dead of winter, when exportation to the Contixent is impracticable. Such of the power loom factories as had in the spring ceastal working altogether, have resumed business; and the cot ton works in general are working 12 hours a thy. I'land loom weavers are beginning to get a choice of work. On the doors of several manufacturing houses, there is the cheering notice—" weavers wanted."— Glasgow Chron. icle, Friday. IMPROVEMENT IN THE REVENUE.—The Revenue, from the 10th to the 30th of October, as com pared with the corresponding period of the last year, exhi bits an increase of something more than two hundred thomand pounds ; an increase of unusual magnitude, to have taken place in the short spice of three weeks. It gives an additional importance to this gratifying fact, that the im provement occurs in the Excise, the generally received cri terion of the augmented comforts of the great body of the people. The augmentation in this, the first in magnitude of all the sources of national revenue, amounts to sotnething more than two hundred and sixty thousand pounds on a coin. parative estimate with last year's corresponding period. In the Cuetams, Post-office, and Incidents, respectively, there is a trifling deficiency, but the whole exhibits the satisfac tory result already stated.--Morning Paper. WELSH JURISDICTION.--CARMARTIIEN Roaouotz slturiNG.—On Monday last a meeting of the inhabitants of Carmarthea was hrld, when a petition against the abolition of the Welsh Jurisdiction was carded by a large majority. On the Friday previous, a County Meeting was held, at which, after a long and animated discussion, in which Earl CAWDOR and T. JtamEs, Esq., M.P., were thechie ao chief majority, —erseambriml As a imilar petition was carried by a large m MAGAZINE DAY. BLACKWOOD'S MAGAZINE. In every succeeding number of this spirited but wayward Micellany, we have abundant cause for admiration and regret. Admiration at:: its varied sources of intellect, rich with all the freshness of original talent, for ever teeming , yet for ever new ; and regret that the bright streams flowing from such. well-springs of genius should be tainted by those political hues which they assume in their mazy-wanderings from the natural fountain of inspiration. It is indeed marvellous pity that the demon of politics should ever intrude his gothic foot into the flowery fields of literature, for we may as wilt endeavour individually to change the colour Of our hair as to hope that arguments against which ° the reader is forewarned, and consequently fore armed, can change the steadfast purpose of hie mind. Where conviction is established, every attempt to shake it only serves, like the baffled.: fury of the waves, to confirm the security of the rock. Religion and politics are therefore only fit subjects for vehicles professing their separate creed—not for the generous and mind-enlarging pages of purely literary publications. The spirit of " Blackwood " would still shine out► and more virtuous than ever, if there were no Whig and Tory antipathies and propensities to give a fictitious and frequently a personal OA' racter to its pages. True genius— " Newts not the foreign aid of ornament, But is when unadorn'd—adern'd the most." The first article in this number is entitled, " Malavolti, a Neapolitan Story," by Mr. Mud' ford, the author of " First and Last," and par' takes in an eminent degree of his peculiar" beauties and defects. With much that is natural there is more that is artificial. He hits upon • well-spring in the desert, but fences it round with superabundance of brick and mortar. hie gets hold of nature by glimpses, and fills up the portrait by supposition, which proves, though b e had caught the leading features, yet that he had not made himself sufficiently acquainted with the divine lineaments of the perfect original. But after all, his delineations of particular parts pro duce a strong impression, and often tell with masterly effect. The following description of jealous rencountre is striking : " It was in the saloon of the Duke de Montrefelto, an d in the presence of some of the most distinguished inhabit"' ants of Naples, that Count Brittorno happened to enconlit et Malavolti on an evening subsequent to one in which le believed he had been serenading the fair Angelica under her garden window. Malavolti observed' that his hrs' r was more tetnpestueus than usual, and that the firm coal' pression of his lips, and the scowling wrath of his 0 14 ' indicated he was writhing under the torment of swag emotions. It so chanced, too, that Malavolti, who 'v a° ,, a little flushed with wine, felt an inclination to sport oit '' his moody humour; and advancing towards Brittorno, b e ; remarked, in a tone of careless freedom, that he bad never seen the incomparable Angelica look so lovely 0 when last I saw her at the opera. She seems passionat si i fond of music.' a Yes,' replied Brittorno, curling his lip into an sl pression of cold disdain, so fond of it, that I believe ti ° sometimes finds pleasure in the discordant twanging of 1 " cracked guitar.' " I dare say,' rejoined Malavolti; ' for the soul ho l 4 ° intercourse with the divine melody of an air it knows, 11/ spite of its bungling cxecution, as we can withdraw oori selves from the rant and monotony of a bad actor, e l f suffer the mind to settle upon the inspired conceptions 0 the bard whose language he profanes.' "' You seem to understand the power of music over heart susceptible of its charms,' answered Brittorno. " Oh replied Malavolti, gaily, it is not the pow er , of music only over susceptible he.trts that I understand. have studied every avenue to them.' i;;or An no, d i m ro a n d i e ca y l o ly u . reelf master of all, I doubt not , ' ssia Br And made myself master of all,' repeated Malavolti, from a burning look, and an inexpressible tender sigh 0 morning prayer '---- " "10 the lascivious treachery of a midnight seresadg under a garden window,' interrupted Brittorno abruP ti r' '' Aye,' said Malavolti laughing ; an evening Pe pe _ mule by moonlight under your mistress' wind°w'inedloW, cially if you can find your way to her bed-room isr . the is our charming Italian method of delicately offering tut hemarre of an impassioned heart to its refined idol. P.,. for the grossness of what you call the `lascivious treacllN of a midnight serenade,' I am no follower of such past'° They are apt to give a min the quinsy ; or, as it 1 11 % chance, provide a grave for bias before he has thoug u seriously of dying.'ie " And yet, signior,' answered Brittorno, folding arms in his mantle, while he fixed his eyes steadily ull; Malavoti, ' there are fools in this city of Napless ‘e tempt the chance you mention.' , • " These are fools every where, as well as in Nap retorted Malavolti, giving a marked emphasis to his 10: but the fool to wonder at in my mind, is he who ra 9 ,7 10 Aeeks to play with a lion till ha rouses him. Rousing at once were better, if he have nerve for the en counter' " Your pardon, signior,' said Brittorno, with o'llyo3 cau stic bitterness ; ' I can imagine a climax of folly ',err that, and my school-boy reading furnishes me wick t he e n d ample—the ass who clothed himself in the lion's skin, 5-be thought he was a lion; bat when he meant to rtia_ .. . r r , only brayed,—and laughter, not terror, was the c°'"" 'Co c u l n os t er ß t r o itt h o i r m no ; !' , t e h x e c r l e ai i m s ed offen A c l e al i a n vo y h o i ul f . i e :o ce ; stepping quence.' Am I their aim?' Signior Malavolti,' replied Brittorno, earcastiefol,l; a Neapolitan does not ask that question. Or if be te; it is only of himself, to be directed in his resolves hi answer. But you are a Florentime !' " ' More gh than sa enough,' avo replied Brittorno, Enou !' id Mallti. ce ntell i f ously ; and yet, I dare say, less than sufficient.' xi , " Malavolti's person seemed to dilate itself with in nation, as he glared upon Brittorno, and addressed in a stern and angry voice ier " ' Florentine, or Neapolitan , —either , or both be birth and breediog dispute the distinction in ti reer' i n hi g h blood of Italian nobility runs in my v e ins, and 1-1 have to learn I shall not dishonour it. Why you are! ss e enemy, I know not; and because I kn o w not, I ,P 4 avoided being yours. For months you have crosse t c;# path, at every turn meanly seeking to fasten a P e . l )4 quarrel upon me, and so make a cause for illdiet.,.4 strife to hide the true one. Was this manly? If Y t r g i could dare to think I bad wronged you, you should hi had the greater daring to tax me with the wrong..:* not bait me with ambiguous taunts and obscure allu al i o l like a foul bird of ill omen, who shuns the ligil t ) e io screams portentously, shrouded in darkness. I aman bsg and proud enough to be stung with inju r y ; AO chafed, as now I own myself to be, prompt snood strike at my assailant. Follow me, Count Britto added r Malavolti, pointing to his sword, and retreat° few paces. ' " • If, as you say, signior,' replied Brit torno, ll o b, air of cold, insulting mockery, it has taken 10 13 ,„ p t chafe you, perhaps the noble heat that b urns so 6:17,41 present will hardly cool before the morning. pleasant appointment an hour hence, that m i g ht be oilvare• were Ito go forth with you now; but you kno ° .,ol / treat,' he continued significantly, ' the silvan villa sleep during these sultry nights of summer.' " ' It contents me,' said Malavolti, after a Po', pi° it so.' I'hen advancing to Brittorno , he added, ottt Count, that there be no mistake in this boine7etrei!: th e morning comes, I make my pleasant aPP-wit'fr with you, thus '—striking him gently on the ara l k glove. lie then turned on his heel, and quitted the " The blood rushed into the face of Brittern",,ell:( s word was half out of its scabbard ; and if th w e re standing round had not held him back, tbe,eo4, the Duke de Montrefeltu would have been the o sudden widen combat, where nothing less th an the deg' 0 or both of the combatants must have ensued. 940 " That night, in repairing to his villa, CountA.,,.. wee way-laid and assssin ated. He was disco' "' ditg following morning, at the foot of the B op kit ootoi