The Sun. — London, England, 1829-08-29 00:00:00

supporting the Ottoman Porte, and opposing the vie tocion4 arms of Russia. It was necessary to prove how the greater part of our Ministers, who were so ' long in the pay of England, and at the feet of Austria, had on a sudden renounced their old in clinations and habits, and become all at once imbued with those sentiments of national honour which cause all idea of invasion or foreign occupation► to ' be rejected with horror. The Times found it more convenient to answer us with insults than arguments. It felt, without doubt, that it was not in its power to delude the public upon the hostile intentions of the Cabinet of London against Russia, or to restore the reputaton of men who have only made them selves known by the most baleful acts, and against whom a unanimous cry of reprobation has arisen in France. The Times, however, was better situated that any other journal to make known the truth, if perchance we had unintentionally transgressed it. Not only does it receive the confidential communi cations of its own Cabinet, but no secret of ours is hidden from it. It has been easy to convince one self of this within the last few days. It is in this Paper that the new projects of our Ministers have been revealed. If to this sign it were necessary to add a more evident proof of the disinterested re lations of the Times with our Cabinet, we would say, that, about fifteen or twenty days ago, one of its principal editors came to Paris expressly to learn what was going on from M. de Polignac's friends, and departed again with the assurance of being paid a large subsidy, and having regular intelligence fur nished to him.; , ' This revelation will, without doubt, excite the rage of the Times again, but we have no fear that it will treat it as false or absurd."—lbid. We alluded yesterday to the imbecility of the Legislature of this country as resulting neces sarily from its aristocratical constitution, and to the demoralising influence of an aristocracy on the lower classes. England enjoys from her si tuation advantages possessed by no other Eu ropean country ; and instead of wondering at the. progress in industry in this country as com pared with others, the wonder ought to be that our superiority is not more marked. Our insu lar situation gives us security from external at tack. The sea has spared us the labour of opening up communications between the nu merous towns on the coast. The level nature of the country has made an unusual proportion of our rivers navigable, and facilitated the cut ting of canals.. We possess coal in abundance, and great facilities in consequence for the manu facture of iron, Our happy position, too, for commerce with every part of the world is of in calculable importance to us. Still the arts which have c hiefly flourished among us are the arts which lead to production. How happens it that the wealth so extensively diffused in this coun try is turned to so little account in the way of moral improvement ? Low happens it that education is at so low an ebb in this country ? that you find everywhere so many men possessed of property with ill-furnished minds ? From the inordinate love of extravagance, which is betimes driven into the population of this country, male and female, all know ledge which does not immediately lead to the acquisition of wealth is in some sort despised. From the same cause proceeds the constant struggle for the attainment of more than is ne cessary for comfortable existence, to produce an impression on the world. Hence the want of leisure for mental cultivation ; and hence the inability to make a good use of wealth when it has been acquired. We ought to be far beyond all the other nations of Europe in knowledge ; and yet we rank in all that regards the noblest branches of knowledge amongst the lowest. Why should not the increase of material wealth be accompanied with increased cultivation of the intellect ? Among the most important objects that can engage the attention of a rational being, are the circumstances which determine the wel fare or misery of the body of the people. flow little is this important object attended to in England ! And what a proof of the low condi tion of the nation, in point of morals, is the fact, that such numbers of men in easy circum stances should be so indifferent to the welfare of their fellow-creatures as to deem themselves jus tified in abstaining from inquiring into this im portant subject ! At present, for instance, there ss great distress in many parts of the country. The distress among the weavers and in the iron trade can be accounted for. The im proved machinery of the power loom has de stoved the hand loom weavers ; the advantages of the Welsh iron works have injured the works in other parts of the country less favourably situated, and which cannot continue to work at the reduced prices. But this will not account for much of the distress that is felt. The con nection between population and comfort is too little attended to in inquiries into our condition. If, with a limited territory, ten millions of men enjoy not snore than is necessars to comfortable existence, the comfort will be diminished if the population reach twenty millions. Population cannot exceed the supply of food ; but an in crearae of population causes the share to each person to be less than before, Our population has been increasing rapidly, and is still increas ing ; but the comforts of the people have beer. eliminishing. The Rev. Mr. Townsend, who pointed out, in his Observations on the Poor Laws, published so early as 1785, the connection between population and the condition of the peo tale, inserted a aeries of articles in the Uviversal .Ma i gazine for 180, on the same subject. In one them, in the number for March, 1808, he ob serve's, " When I came into the Vale of Pew sey (Wiltshire), in the year 176 i, the poor had plenty. Every cottage had its buttery well sup plied with bread, butter, cheese, • and beer. Every one had a flitch of bacon on the rack, with some money in the chest. Every cottager appeared well clad, and the poors' rate was so low as scarcely to be felt. But by dezrees these comforts have all vanished, the labouring poor are badly clothed, many of them have scarcely any linen on their backs, and their principal sus tenance is merely bread and water. In the mean time their numbers have incrgased, the demand for labour has diminished, awl the poors' rates have doubled every fourteen years. r e am what has been said, it is evident that in a coantey of limited extent the population must sooner or hater reach the boundary where afflu ence terminates, and where penury beg;ras. • For to suppose a limited supply of, food and popula , Lion without limits is a palpable absurdity. Yet here a question wiil arise which it will be needful for us to answer. By the law of Eng land there are no limits to the supply for the poor. Why, then, are not their numbers dc4hled every fifteen years? The only answer to this question is, that what law has given them has been withheld, and the owners anii occupiers of houses, land, and stock in trade, have been in cessantly struggling with the indigent in defence of their property. The law says that no man shall want ; yet from what I have stated as to the vale ot Pewsey, which is not the only vale in which po yertv prevails,the wants of the poor are great. Should It is due to t he TiTes to state, upon the authority of a iwr 601 a, a nd 711 -informed Corespondent, that no s~ cur 1 4 1 Luis article appeared in Paris, thin the friends o f NI de,Vol;v lo gave tlic most unqualified contradiction . to the cali!inap ...• • their wants be all supplied, the occupiers of land would starve. It cannot excite wonder, there fore, that they should retain their property with a tenacious grasp. Among the wants of the poor may be reckoned habitations. In every parish are to be found young men and women who would marry, were it not for fear of want. Give them what the law entitles them to de mand ; give them cottages, and supply them with sufficient food, marriages will immediately take place, and by an immutable law of nature, in fifteen years their numbers will be doubled. With seven acres of land, and a disposition to build cottages, any one in a few years might ruin the most affluent parish in the kingdom. Sen sible of this, a near relation of mine in North• . amptonshire, when he came to his inheritance, called his tenants together, and inquired how many families would be sufficient for the culti vation of the soil. Having gained information on this subject, he built a little village, esta blished in it the number of families required, and pulled down every other cottage in the parish, that he might limit the number of inhabitants, and prevent unlimited demands on his estate. — In Monmouthshire, Mr. Vaughan, some fifty years ago, pulled down every cottage, and took workmen from the surrounding parishes. These were gentlemen of more than common forecast ; hut in most parishes the disposition is rather to destroy the existing cottages than to erect new ones." We may oLserve that the pressure on the poor's rates in several of the home counties has led to the placing husband and wife in dif ferent wards of the workhouse, to prevent all increase of numbers.—Morning Chronicle. The interest excited in professional men, by the pending naval investigation into the conduct of Captain Dickenson, has latterly had no pa rallel. We repeat the sentiment of one of the most distinguished ornaments of that branch of the service, in saying that we must revert to the trial and execution of Admiral Byng, for any inquiry purely naval, which produced a si milar excitement. The causes of this intense and general anxiety are not to be looked for in the nature of the charges preferred, tardily and reluctantly, by Sir Edward Codriugton against Captain Dickenson, but in the disclosure which must inevitably be made by witnesses perfectly competent, of the principles and instructions which guided the movements of that triple naval combination which terminated a long series of equivocal demonstrations, by the decisive affair of Navarin. In that view of the subject, there is an abundant supply of materials to interest the cu riosity of the general politician ; but there is another and still more delicate topic, which has hitherto proved a stumbling-block in the way of an investigation, unwarrantably procrastinated, and which nothing short of an imperious neces sity would have brought to issue : we allude to the differences which existed here in the highest quarters, on the subject of the proceedings of the combined squadrons in the Mediterranean. What the exact nature of those ,differences was, has never yet been distinctly ascertained ; but • that they were of no trivial or ordinary description is manifest from their results —the resignation of the office of Lord High Admiral by the first Prince of the blood, and the recall of the Gal. lant officer who had achieved a splendid victory It will be observed that, in this early stage c the proceedings, allusion has been already made to two sets of instructions—the one verbal, the other written—and the existence of an inconve nient discrepancy between these two official chan nels of communication, is admitted ; and it is the opinion of the best informed and most expe rienced naval characters, that it will be utterly impossible to award substantial justice, or come to satisfactory conclusions, IN ithout a full and unreserved disclosure of the instructions given, as well as the discretionary powers vested in the British Admiral.—/bid The departure from Europe of the Portuguese Princess, or, as we may now more correctly speak, of the Brazilian Princess, Donna Maria da Gloria, is an event by which we trust a final end will be put to the miserable intrigues, the unprincipled fabrications, and the agitating ef forts of a faction in Portugal, which no authority belonging to that country acknowledges, and which the Portuguese people almost unanimously abjure. This event is unquestionably favourable to the interests of England, which require sta bility in the Government, and tranquillity among the people of Portugal, as the most effectual guarantees of those commercial and political rela tions by which the two countries have so long been united. But it is not therefore to be as sumed that the British Government have had any share in preparing it. Left by the blunders of a former Administration—the effects of that too ardent Liberalism which saw in the word Constitution a talisman against every disorder and every evil—in a false position with respect to Portugal, the British Government has been bound to a neutrality which the interests of Eng land and of Portugal equally disavow—an absurd neutrality between the Portuguese nation on the one hand, and a few active and intriguing indivi duals, who disguise their selfish ambition under the names of patriotism, loyalty, and the love of free institutions, on the other. The obligations of this neutrality—absurd and injurious as they have been, operating as they have done solely to the advantage of a cabal which has nothing in common with the Portuguese people—have been strictly observed by the British Government, which steadfastly adheres to the doctrine that a due regard to consistency and good faith ought in all possible circumstances to outweigh every other consideration. The British Government then has neither done nor omitted any thing in order to promote the removal of the Infanta from Europe, although this occurrence tends evidently and powerfully to disembarrass its councils and advance its policy, It ought to be distinctly un derstood throughout Europe, that the daughter ,of the Emperor of Brazil is about to return to Ameeiga at the express desire of her father, and that this arrangement has not been the result of British conduct 01 even of British suggestions, direct or indirect. If we were to speculate n oon the motizes which have actuated Don .1- 14 tiiiro to take this important step, by which he in effect relinquishes the last hope of establishing iis Family and his Consti tution in Portugal, we should conjecture that the various intelligible hints he has received from tiee Brazilian legislature and people have at length cot;iineed him of the danger of playing any longer a doubly game. T he Brazilians had become suspicious, and had displayed by symp tom e the most unequivocal, their jealousy, of an Emperor, who so long as he clung to the- hope of exercising supreme authority in Portugal, could not be entirely a Brazilian. They loved net a ruler, whom by means of a revolution they had created, and whom by the same means they could at any time displace, who appeared so much disposed to play at fast and loose with them, or who ma nifested so much anxiety to have two strings to Iris bow, as Don Pedro— while he kept his infant daughter in Europe— while his agents were perpetually engaged in fo menting intrigues and disturbances in Portu gal—while he retained the ambition of being the founder of a Portuguese Constitution. And who shall say that the sentiments of the people of Brazil upon this subject are not wise and patriotic, and such in deed as naturally spring from their actual posi tion, and their recollection of occurrences yet recent ? Don Pedro devoted himself, by the first personal and independent act of his po litical life, to secure the independence of Bra zil, and in doing so became a rebel to the Por tuguese Crown. He accomplished this object ; but by the act which finally completed and rati fied his succsss, he relinquished in form, as by his conduct he had already relinquished in effect, all pretensions to his hereditary throne. This renunciation was necessary to qualify him for the independent throne of Brazil, and it was at the sonic time equally necessary in order to reconcile the Royal Family, the nobles, the clergy, and the people of Portugal, to the sepa ration of that valuable province. In defiance, nevertheless, of this solemn compact, of which the permanent interests and the unchangeable will of two nations were the guarantee on the decease of his father, and upon no other foun dation than that of a testamentary dispositon which that Prince had obviouslyno right to make, Don Pedro resumed his claim to the throne of Portugal, and proceeded to the performance of actsproper only to the most absolute and unqn est ionable sovereignty. Is it permitted to any man, or can it consistently with the peace and wel fare of nations be permitted to any Sove reign, thus alternately to renounce and re claim rights? But once more Don Pedro ab dicated his newly and unjustly assumed right to the Portuguese throne, after having employed it only to devise and promulgate a constitution alien to the habits and odious to the feelings of the nation. And after this second renunciation he again reclaimed it, or continued rather to perform acts of sovereign authority in mockery of his formal abdication, in contempt of public opinion, and in defiance of the confusion, alarm, and weakness, to which such vacillation must give rise in Portugal, and of the jealousy and apprehensions which it was certain to excite among his Brazilian subjects. He appointed a Regency to administer the affairs of Portugal in the name and in the behalf of the Sovereign he had nominated, but would not assume an appearance even of respect to the independence of the Government he had thus him self set up. He pretended to issue de crees—to create nobles for Portugal—to govern -- that country,—in short, from the distance of half the circumference of the globe. Ambition without any portion of the energy or talents which should accompany it, was never before ex hibited in a light so ridiculous, or in circum stances in which it was so sure to be at once mischievous and unsuccessful. The Brazilians were entitled by the compact which separated them from the mother country, to have an inde pendent government, and a Royal family to themselves. To these advantages Portugal had the same title, as well as another still more an cient and irrrefragable in the fundamental laws of her monarchy. The project which the Liberals of Europe have so long promoted with charac teristic zeal, was in truth no other than an im pudent contrivance to defraud two nations of their sacred and chartered rights. The patriotism of the Portuguese people inflicted upon it a signal and irretrievable defeat. We believe we may now say that the congenial sentiments of the Brazilians have ensured its total and final aban donment.—Morning Post. Having an unfeigned veneration for the judi cial office as it is generally exercised in this country, we wish to see it always filled by per sons who are capable of upholding its high cha racter, and competent to discharge its important duties with satisfaction to the public. We be lieve that for purity of morals, intelligence, and official integrity, no class of public men whatever can surpass the Bench of Judges ; but it unfor tunately happens sometimes that one or two of those learned personages continue to exercise the judicial functions long after the impairing power of years has made visible ravages upon their faculties, and deprived them of intellectual and physical energies requisite for the adequate per formance of an office which decides upon the lives and properties of men. It would be ridi culous as well as against law to insist upon a deaf man being sworn upon a jury ; and yet a deaf Judge is not a rare phenomenon in our Courts. It is true the Judge does not pronounce the verdict ; but his opinions have in most instances a great effect upon it ; and that his opinions should be right, it is re quisite that he should hear the evidence correctly, and have that discernment and clear ness of intellect, which will enable him to sift, digest, and arrange the evidence properly -61n plify what may be complicated—explain what may be obscure—and show with logical accuracy how it bears on the matter at issue. An excel lent Judge may occupy the Bench too long for his own reputation and the interests of the coun try. Mr. Baron Graham and Mr. Justice Hol royd were remarkable instances of Judges pre serving their mental faculties unimpaired under the depressing infirmities of age, yet neither of them made way for younger men too soon. Mr. Justice Holroyd was one of the soundest lawyers, and one of' the most clear-headed and conscien tious Judges, that ever adorned the Bench. His term judgments are masterly specimens of close and luminous legal reasoning, and will have au thority as long as the law of England lasts ; but he had an infirmity consequent upon his great age, which latterly operated as a serious delay to justice when he presided in Courts of Nisi Przus, and it was his slowness in taking notes. If a Judge takes a minute to note a sentence which occupies another but half a minute, it is clear that the evidence which is gone through in six hours with the latter, will, with the former, consume twelve hours. But, slowness in taking notes is not the worst consequence of the decline of physical powers to be ap prehended in an aged Judge—deafness is worse ; and when that infirmity is accompanied with an indistinctness of utterance which causes a Jury to complain of not being able to hear a word of the charge on which the fate of the cause, in a °Test measure turns , it is a hindrance to t h e ad o ministration of justice which ought not to con tinue. Do we put an imaginary case ?We only state what actually happened to Mr. Justice Burrough the other day, on the We s t ern Ci rcu it —at Bodmin, we believe. Since then we observe that the civil business of the Court at Bridge water was suspended for the whole day, owing to his indisposition. In allusion to this circum stance our reporter' says, " ill one case—a min ing case—there are not less than ninety witnesses in Bridgewater. They are here since Sunday, and the daily charge for their board and lodging, I am credibly informed, does not amount to less than one hundred and fifty pounds—the public will then judge how serious an evil it is to the suitor who has the maintenance of this number on his shoulders, to have his cause postponed even for a single day, and yet postponed it must be in consequence of the inability of the Learned Judge sitting in the Nisi Prins Court, to dis charge the duty which has devolved upon him." This is indeed a serious mischief, and calls loudly for a remedy—the law is in the best hands slow and expensive enough—and suitors ought not to be exposed to the additional hardships which the infirmities of a Judge who has outlived his powers, inflicts upon them.—Morning Herald. There are two curious articles in the Foreign Journals relative to the diplomatic relations of the different Powers, which are worth mention ing, though one of them, we should hope, has but little, if any, foundation. The first is a statement made by the Journal des Debats, that the late Ministry was inclined to take the side of Russia in her war against Turkey, for the sake of the advantages which France would derive from such an alliance ; and the second a report, that a difference of opinion has arisen between the Duke of Wellington and Prince Metternich, and that the latter, in consequence of the discovery of some diplomatic intrigues on the part of the former, has all at once mani fested symptoms of favouring the cause of Russia. With regard to the former we shall only observe, that if the late Government of France entertained views favourable to the cause of the Russians, or sought to procure for France any exclusive advantages from such an alliance, it was guilty of an act of the grossest treachery and breach of faith ;. for independently of having sent an Am bassador to Constantinople for the appa rently double purpose of settling the affairs of Greece, and offering his mediation to the Porte in the war with Russia, it was bound by the treaty of the 6th of July, " not to seek any aug mentation of territory, any exclusive influence, or any commercial advantage which the subjects of any other nation might not equally obtain." But we can scarcely credit such an act of per fidy. The second report is a matter much more serious. The Duke of Wellington may have been endeavouring to strengthen the cause of the Turks, by additional alliances ; but such alliances, if duly considered, would have tended at the same time to strengthen the security of Austria, much more exposed, it must be allowed, to danger from the projects of the Northern Bar barian, than either France or England. But the good faith of Austria has always been question able, and her politics selfish ; and if, in the pre sent instance, Prince Metternich thought that more advantage would accrue to the State from joining Russia against Turkey, than from sup porting the just rights and independence of the latter, there cannot be the least manner of doubt that she would sacrifice at once both treaties and honour to her rapacity. If Prince i‘letternich's rage for territory, however, can allow him to see but a short way beyond the interests of the present moment, he must be convinced that a further extension of Russian territory would ultimately end in an attempt to add to it the do minions of the House of Austria ; and for this reason we are not inclined to place the most im plicit reliance on the reported misunderstand ing between him and the Duke of Wellington. A few weeks, however, must determine the matter beyond a doubt. Great events are evi dently on the wing, and it is some satisfaction to know that England can, at any moment that she may please to interfere, direct or controul . course. —Morning Advertiser. SUMMER ASSIZES. service. ESTERN CIRCUIT—BRIDGEWATER, Auc. 27 OLDFIELD V. BUSH. This, which was a case of criminal conversation, has excited an immense degree of interest in this part of the country. Th• defendant in the present action indicted the plaintiff, a short time ago, for an assault at the Quarter Sessions for the county, and in the course of the proceeding sufficient transpired to fix public attention very intensely upon the result of this trial. Mr, Seijeant WILDE (with whom were Messrs ERSKINE, JEREMY, and BERE) conducted the plain. tiff's case. Mr. Serjeant MCREWETHER, Mr. EARLE, and Mr. JARDINE appeared for the defence. Mr. Seijeant WILDE said the plaintif f was for merly a woolstapler, who, having retired from busi ness, now resided at Frome. The defendant was a medical man, hying in the same place. He had at tended the family of the plaintiff, and thus became acquainted with his wife ; and the acquaintance, it would be shown, had terminated in a connexion which gave rise to the present action. The Learned Gentleman, after detailing the facts which he pro posed to substantiate in evidence, proceeded to ob serve that the plaintiff would have been glad to have been spared the necessity of bringing the present action. He had parted with his wife on discovering her criminality, and it must be admitted he had in dulged in considerable violence towards her and the defendant ; but under all the circumstances of the case, this was natural, though it might not be per fectly justifiable. This case was not presented to the notice of the jury as one requiring large da mages. All he called upon them to say was whe ther the defendant bad debauched the wife of the plaintiff or not ; and if they were of opinion that he had so misconducted himself, it was for them to de cide upon the question of damages. The marriage of Mr. and Mrs. Oldfield, on the 23d of December, 1823, was admitted. Ann Gould, a pretty ; looking girl, who gave her evidence with great propriety, was the first witness examined. She said I know the plaintiff, Mr. Charles Oldfield. I entered his service on the 2(1 of May, 1825. His family consisted of himself, his wife, and two sons of her's by a former marriage. There was an apprentice named Morgan in the house. I know the defendant Mr. Francis Bush : h e i s a doctor, residing, as well, as the plaintiff, in Frome. Mr. Bush was the medical person attend ing the family. In November, 1825, Mr. Oldfield went to Wells to see his brother. He was absent two days and one night. On the first evening of Mr. Oldfield'a absence, Mr. Bush came to the home between nin ii e e a a n s c l l ce t ( e i n o'clock. ifNrir. I Oldfield I d opened l‘, a the door at home. s fo a l i . d h n im e : He asked if Mrs. Oldtield was at home. I answered that she was. Mr. Bush went into the room where Mrs. Oldfield was ; it was a room that fronted the street, and was down stairs; it was called the large parlour; on Mr. Bush coming, I we nt into the kitchen ; the door is not more than one yard and a half from one of the parlour-doors; there are too doors to the parlour; I could hear what took place in the parlour while I was in the kitchen. I heard a noise in the parlour; I went to the parlour -door after I heard the noise; I heard Mrs. Oldfield say, " Don't, Sir, I don't understand not M u r. nd ß er u s s ta h nd sa N i l l lia s t om it et l h v i a n s g . a nd .Mrs. Oldfield remain e d t oget h er i n t h e room in gown rustle. Mr. Bush r s ahe t be i p e ,oi l iru ; d: l 3,b2 )e lot l ir i ts i m t . v I i i or o c it U oi 1,1. 1 t B i * l 6s e i f l o k re they came out I heard a sound of kissing in the room. Mrs. Oldfield let Mr. Bush out, when he went, away ; she let him out through the front door; that door opens not into the street, but out at the side. 1 saw Mrs. Oki- field about half an hour after Mr. Bush was gone. She appeared to be very much agitated. I know of Mr. Oldfield having gone to Mr. Strong's to bottle some wine. This was about a week after the time just referred to. Mr. Strong lives nearly half a mile from Mr. Oldfield's.. Mr. Oldfield did not come home till after I had gone to bed. Before I went to bed Mr. Bush came to my master's. I let him in. He asked me if Mr. Oldfield was at home. I told him he was not. He then asked for Mrs. Oldfield. This was about 10 o'clock at night.— Mrs. Oldfield was in the large parlour at the time. Mr. Bush went into her. She remained in the room. Mr. Bush remained from a quarter of an hour to 20 minutes. During that time I was at the par low-door. I could not understand any thing that was said, anti heard no other noise on that occasion except talking and kissing. I believe Mr. Bush let himself out that night. I saw Mr. Bush in my master's house again in about a fortnight. My master was absent. It was nearly 10 o'clock at night when he came. Mrs. Oldfield was at home, and in the small parlour. Mr. Bush went in to her. There was a sofa in the room. There is a window in the room, looking into the garden. I went round to it and looked in, but that was on another occa sion : this time I went to the parlour-door. I could hear them talking. I recollect my master going to Bristol just before Christmas, 1825. He remained about two nights. J saw Mr. Bush at Mr. Oldfield's house on both those nights. He came the first night between nine and ten. Mrs. Oldfield was in the smaller parlour, where the sofa was.— He went into the room to her. I was at the par lour-door. Mr. Bush remained about 1.5 minutes. I could hear them talking and kissing. He came again a little after ten on the following night. Mrg. Oldfield was at home, and in the same room. I went round to the parlour window, that looks into the garden ; there were shutters to the window. There was a candle in the room. I could see into the room through a part of the under part of the shutter, that did not fasten. I looked through : the candle was standing on the large table, in the middle of the • room. Part of the sofa came under the window.— I could not see any thing that was upon the sofa, but I could see the other parts of the room. I did not see any thing, neither Mr. Bush nor Mrs. Old field, when I looked through. After looking for about ten minutes I saw them; I saw Mr. Bush first; he came from the sofa; I then saw Mrs. Old field ; she also came from the sofa. I saw Mrs. Oldfield's face; she looked very red. I saw her as she was milling the candle that was on the table in the middle of the room. During the time of these visits my mistress had not complained of being ill. Mr. Bush did mot come at any time except at night during this period. Mrs. Oldfield sent notes to Mr. Bush's surgery, but no notes were brought back in return. I remained twelvemonths in Mr. Oldfield's Cross-examined—The first time I was in the kitchen, very near the parlour, nobody was in the house but myself, except Mrs. Oldfield and Mr. Bush. On the second occasion I was also alone; neither of Mrs. Oldtield's sons were with me, one was at school, and the other in bed. The appren tice, Morgan, was not within on either of these times. The first time was in November, 1825; my master frequently went from home, but not to stay out the whole night. Sometimes he was out the whole night ; he was out a good deal at night, and in the daytime also; he came home to meals. I never saw him except sober. He did not often stay out all night. He was from home all night on other (N aiions, besides those I have mentioned, when Mr. Bush visited my mistress. I should think, from her appearance, that Mrs. Oldfield was about 40 at this time. She is not well-looking. She is rather ugly ; she was unwell, and kept her bed two days while I lived with her; she took medicine for several weeks after that, but she was not taking me dicine during the greater part of the time I was there. The first part of the time, from the end of May to July, when she went to Bristol, Mrs. Old field was taking medicine. It carne from Mr. Bush's, in large round bottles. It looked red, and there were boxes of pills. Thomas Hughes—l was an out-door apprentice to Mr. Oldfield in 1825 and 1826. I was sent by Mrs. Oldfield with notes to Mr. Bush's, between October, 1825, and February, 1826. I was sent several times with notes during this period. I after wards went with my master to Ann Gould, at Mr. Rabbitts's, in consequence of what I communicated. About nine days after our going to Ann Gould, Mrs. Oldfield left the house, and did not return. Re•examined by Mr. Serjeant WILDE—I was asked about the notes just after Ann Gould had made her statement to Mr. Oldfield. I then told my master it was between October and February that I had carried the notes. I remembered it, be cause it was in the winter time ; it was while Ann Gould was in Mr. Oldfield's service. Mr. Serjeant WILDE—That is the plaintiff's case. Chief Justice TINDAL—Is that all ? Mr. Serjeant IItIEREwETHER addressed the Jury for the defence, and observed that he represented a gentleman, who for a period of thirty-two years had practised as a physician in the town in which he was now resident, without the slightest imputation on his character. This was a struggle on the part of his client for that which was dearer to him than existence, his reputation. The present was a case which, if he could represent it to the Jury aright, he f e lt little doubt, would end in rescuing the character of his client from all suspicion, and driving the plaintiff from the Court covered with infamy. The Learned Serjeant commented on the evidence by which it was endeavoured to make out the pl a i n tiff' s ca se, which he characterised as one of mere sur mise and suspicion. Supposing, for the sake of argument, that the facts sworn to by the first wit ness were of a questionable nature, they bad not been followed up by that species of subsequent con duct which in such cases generally came in aid of evidence which was merely circumstantial. It was tolerably evident that the suspicions of the female witness bad been excited, and she fancied matters to confirm her prepossessions. A profound observer of human nature had said, " it often happens that men see a little, imagine a great deal, and so jump to a conclusion." This was the case in the present instance. A slighter or more insufficient case, on the plaintiff's own showing, had never been brought into a Court of Justice. His Learned Friend had talked of the plaintiff being reluctant to come into a Court of Justice; before the case for the defence was concluded, the Jury would not wonder at his reluctance. His Learned Friend had not ventured to talk of large damages, he (Mr. Serjeant Merewether) stood there to address them, not on the subject of damages, but of character ; and for the purpose of vindicating a medical man from a gross and unfounded char g e proceeding from so foul and infamous a quarter. In September, 1823, Mr. Oldfield married his present wife, a widow lady, about the age that had been described by the plaintiff's witness. She had previously lived the wife of a gentleman of some property—her character unimpeached and unimpeachable. She had two children by that marriage, and her husband showed his sense of her merit by leaving . her a considerable property, part of which was now in the possession of the plaintiff. Mrs. Gregg (tha . t was the lady's name previous to her marriage with the plaintiff) united herself to Mr. Oldfield—it was unnecessary to say under very unhappy auspices. Before a month s o elapsed m e (i disease, founde, communicated herself infectedto .her r w b i with her a v husband.loath- r t e h s e e n f t a e c d t b i in —(A strong sensation was excited in Court by this statement.) --The defendant was called in upon the occasion, and 110:vasrealt.tticetmaipatleyddtioscbleosreedp defence of his character thus assailed by the plain tiff. His attendance upon the lady, which wits ne• ctleisesaprillaYinsteifer as t affording evidence of the grossest violation of confidence. The Learned Serjeant Pro ceeded to observe how easily the visits of Mr. Bush might have , been misconstr ue d, under these circum stances. Ihe personal i n spec t ion necessary in such a case might readily be mistaken for something of a very different character. Having detailed the pat- titulars of the illness of plaintiff and his wife, and the attendance of Mr. Bush, the Learned Counsel stated that the notes which had been made a subject of accusation against his client, were written to him by Mrs. Oldtield on purely medical matters. He would prove to the Jury, that after Mrs. Oldfield had left her husband's heuse, through his own mis conduct, not her's, it was necessary that she should be attended by a physician, in consequence of the injury she had experienced while living with her husband. The following witnesses were called for the de fence : John Nichols—l am 19 years of age, and have been five years apprentice to Mr. Bush, the defend ant. I was living with him in October, 1825. It was part of my duty to compound medicines for his patients. I know Mr. Oldfield and his wife. Wit ness went on to state, that in September, 1824, he compounded medicines for them. He continued to do so up to January, 1826. Hs delivered the me dicines himself. They were intended for both Mr. and Mrs. Oldfield, and were such medicines as would be administered in cases of syphilis. There were mercurial pills, lotions, and sulphate of zinc sent. Mr. Oldfield had often come to the surgery and obtained medicines of this description for him self and Mrs. Oldfield., In cases like theirs, it was usual to inspect the person of the patient. Witness recollected notes being sent to Mr. Bush's by Mrs. Oldfield's servant. They were from Mrs. Oldfield, and related exclusively to surgical matters and the supply of medicines. Francis Bush, jun., defendant's son, a young man of 20, who had served his apprenticeship to his fa ther, proved the fact of the plaintiff having con sulted the defendant in September, or the beginning of October, 1825, relative to a disease of a parti cular nature with which he was afflicted. He him self had examined the plaintiff's person, and found him affected by primary and secondary symptoms of syphilis. Dr. Bradfield was then called, and deposed to having attended Mrs. Oldfield for syphilis, subse gnently to November, 1826. Mr. Serjeant WILDE said he never would sur render a case while his duty to his client appeared to demand his perseverance in the cause. In the present instance, however, he thought the case sa tisfactorily explained where circumstances were du bious, and answered in other respects. The LORD CHIEF JUSTICE said, the conduct of the plaintiff's Counsel was very proper indeed.— He had doubted the strength of the case from the first, still he thought there were facts which re quired explanation ; they had now been put beyond doubt, and the defendant's character stood as high as ever. A verdict for the defendaant was then recorded, and received with loud expressions of approbation. The trial lasted till eight o'clock. Mr. Justice Burrough is rather worse to-day. OXFORD CIRCUIT—GLOUCESTER, Aua. 27. Yesterday afternoon the commission was opened in this city by Mr. Baron VAUGHAN, Mr. Sergeant TADDY having been detained with the trial of a cause at Monmouth till a late hour. After attend ing divine service this morning at the cathedral, Mr. Baron VAUGHAN took his seat on the Civil Side, and Mr. Serjeant TADDY on the Crown Side. Richard Eason, aged 23, and Thomas Eason, his brother, aged 21, were indicted, charged with hav ing stolen a black mare, the property of John Jones, of Cholsey,l3erks. The Jury found the prisoners both Guilty. His Lordship then ordered sentence of death to be re corded against them. A true bill had been found against the prisoners at the last Lent Assizes, but their trial was post poned, on affidavit stating that Mial, the witness, called on their behalf, was then too ill to attend. PRIVILEGE OF ALDERMEN. The City Solicitor having been summoned to at tend the Surrey Assizes at Croydon, a few days ago, as Coroner for Southwark, appeared in Court accordingly, in that character. He had, however, occasion to act as city solicitor before he left it, in defence of the privileges of the city of London, as stated in the charter. Alderman Venables had been summoned to attend at the same time as a special juryman, and his Worship called upon the city so licitor to claim exemption upon his part. The city solicitor stated to the Court, that so Alderman of the city of London could be compelled to serve on juries, or to be put in any attaints, recognizances, or inquisitions out of the city of London. Mr. Jus tice Park desired to see the authority for such ex emption. The city solicitor cited the following pa ragraph-from the city charter, which states, " that it is well-known and manifest, that those of the said, which are called and elected, and taken to the degree of Aldermen proper for the conditions and merits requiring the same, have sustained and supported great charges, cost, and pains, at the time they make their abode and residence in the same city, being vigilant for the common good rule and government of the same, and for that cause often times do leave their possessions and places in the countries there, that therefore they and every of them may, without all fear of unquietness or mo lestation, peaceably abide and tarry in such their houses, places, and possessions, when they shall re turn thither for comfort and recreation's sake. We have of our special grace granted to the sala Mayor and Commonalty, and to their succmor 9 aforesaid, that all and every of those which be Al' dermen of the said city, and their successors, which for the time being shall be Aldermen there for the term of their lives, shall have this liberty, that jo to say, that as long as they shall continue Alder ' men there, and shall bear the charge of Aldermen proper, and also those which had before been 11.1- dermen, and have also with their great costs and expellees borne the offices of mayoralty, shall not be put in any Assizes, juries, or attaints, recognizances , or inquisitions out of the said city, and that they, nor any of them, shall be tryer and tryers of the same, although they touch us or our heirs or sue' cessors, or other whomsoever." Mr. Justice Park having perused the charter, immediately allowed the claim:to exemption, and Alderman Venables was discharged forthwith from any further attend4nof BIRTHS. On the 28th inst. in Lincoln's-inn-fields, Mrs. R. Wsl" ters, of a daughter. On the 23d inst. at Parson's-town, King's-county, Ire land, the lady of Capt. George Cairue, 36th Regiments of twins. On the 21st inst. at Worcester, the lady of Lieut.-Col• Middleton, Assistant Commandant Cavalry Depot, Maid-- stone, of a son. MARRIED. On the 28th inst. at St. Pancras, Wm. T. Jemmettf Esq. of Lincoln's-inn, barrister-at-law, to Laura, eldes t daughter of Sir Edward B. Sngden, of Guilford-street► Russell-square. On the 28th inst. at Marylebone, Peter Leversage, Fiq' of Middle Lypiat, Gloucestershire, to Mary, the eldest daughter of Robert Holden, Esq., Baker-street, Port' man-square. On the 24th inst. at Dagany, county of Wicklow, Ire' land, A. C. Sterling, Esq. Gentleman of ti e Bedchambe r t, the Lord-Lieutenant, to Charlott-!, (nly daughter of the late Major-General J. Baird. DIED. At his seat, Orleton Hall, Salop, on the 25th inst. , William Cludde, in the 75th year of his age, deeply at,:l4 sincerely regretted by all who knew him. On the 27tk inst. at Banstead-park, Surrey, H. Leigh Spencer, Esq. late of the 7th Regiment Royal Fasileerst aged 57. On the 27th inst. at Starston Rectory in his '76th year, Lieutenant-General William Spencer, of Brumley Grange) Yorkshire. PRINTED and PUBLISHED by MURDOYOUNG, at tbg OFFICE, 112, STRAND, LONDON.