The Sun. — London, England, 1823-12-04 00:00:00

THE LONDON JOURNALS. . a DAILY 'J Extracts from the Morning Papers, Dec. 4. • . [MORNING POST.I The tempestuous weather which has prevailed during the last twenty-I'o6r hours, has greatly diminished . the number of foreign arrivals. Even those from the neighbouring coast have been snspended, and the ' only Papers. received yes terday :were from Balt - rune. They contain in- 1 telligenee from Madrid, which gives a Melan dray Pictore of 'the state of things in that Cal& ial; and generally through S'pain. Every night persons *ere attacked and robbed in the.streets„, and the French, retained to protect public tranquillitY, were unable to do it effectuall,y, and had no favour •shewe them. The consequence was, - that they began to give vent to their own feelings, and to spew lheies detestation of the 'principles on which thro Government and the Roy alists acted. The momentary exultation of triumph having passed, they perceived the horrors of the system which they had been em ployed tore-establish, and in some instances the conviction was attended with effects characteristic of French impetuosity. Duels - between them and the Royalists were not unfrequent,and it is said that Mr. Azlor; the individual who claimed on the part of the Regency, and obtained from the Duke of A neon leme the surrender of the brave : 44 , v), was challenged for that act by a Vretich Officer, and kille4 after a desperate com bat, in which he severely wounded his conque ror.: it is conlirtned, as we stated some days ago, that the contributioo offered by the Clergy to the King amounted to only 20,0001. in money. The rest was in paper, which possessed little more than .a. nominal value. This money, however, it is Justly observed, was " but a drop in the oCean ;' for no itevenue was collected,. and the dishonest Otteilifit to ral,e a new Loan, after an these pre'vlously received, having failed in every country, the Royal Treasury *as un able to defray the smallest ex ponces of the State. tinder these difficulties; it was reperted that the King intended to consult the foreign Ambas. seders, and that a Diplomatic meeting would take place in his presence at the Escurial, where he and the Royal Family were expected to go on the 3d inst. The'Decree for disbanding the army is said to have been drawn up ; but it had not yet been deemed prudent to publish it, as it was not certain that the Government would have the means pf carrying it hi t o execution. indeed the surrender of Barevlon3, I:cant,, Corthagena, Badajoz, flrid other' fortineTh places in various provinces;, :though en .advantage in one sense, created fresh difficulties and alarm in another. it set free so many large „garrisons, that it brought in some measure . a-new Constitutional army into the field, the corps of which, though encamped at .a distance from each other, required to be, watched lest they should unite and re shine hOstilie , ; , . As long as the French remain ed in force, that dirty' was easily performed ; yprjp r proportioo as they evacuated Spaio the task devolved upon the Royalists, who *poi. iry no means equal to it-s performance. Under those Circtimst an yes it becalme incumbent on the Co. vernment to -abstain from the least act which could tend en.exasperP.te the' Constitutional troops sad to bring on a crisis, until it had accumulated sufficient strength to meet or to prevent that CriSis. Hence arose the delay . in the publication of the Decree for disbanding the rmy, and as the same causes ornpprehensinti Mr likely. to con tinue for a considerable time, it is trot, iniprebable that what must remain kmg.suspended, may end by being a Itoael her omitted. The attempt to rake r Ileyalist force :40i t . not appear to have succeetkd. p; w An Express from Paris brought us last,night the French Papers of Mondtty. The advises they contain, however, are of no interest. Of Spain little is now said : the attention of the k rvitch politicians Is chiefly engrossed with the question of Septennial Parliaments, which will, in all probability, hit adopted immediately after the assembling of the new Chamber of Deputies. WE t know not why France should so closely follow the English model as to fix precisely the same number OT years for the duration of its Le gislatures : aQttinquennial or Sextennial Parlia ment might perhaps sufficiently answer their purpose ; but that the Chamber should be wholly and not partially renewed is most obvious on every consideration of practical, policy. 1 t is - said that the Charter is opposed to the integral renewal: but a cursory perusal of the Charter shows that it contains many articles which are merely reglementaires, ng the French expwus it. Several of these have been already chato , oil by the Liberals themselves, and others lo their very nature are temporary, and ought to b aCCOMmoriatud to the existing circUmstences ; and among these we must reckon the rules for the duration of the Chamber of Deputies. [mournNo outtoNref.t.l The vessel which we yesterday stated had ar rived in the Channel. from Buenos Ayres; did not `land her letter.bag in time for the Post,otlice '/estertlay's delivery, , owing - to tho heavy rains ; but we bave'seen it passenger . who came by her, and is arrived in t ow n. From him we learn, that nothing further had oeeured between the Govern mot of,Buenos Ayres'and Captain Willes, of the Bruzettolosubsequoilt coniewinics tions havingbeen exchanged. The latter had lian i left the waters of We :Myer Plate and gone down to.Montevldeo,b4v. lug previously sent in the .Buenos Ayres vessel he had detained. ThiN alftdr had, however, been attended by-oneintpleasa:ltt, ' nay mom'ent, alarmin4 eireutusi ante. As easil a y. im gined, tin , rc t.ists iii I3nenos Ayres, as w,ell as in other 01'6 of South ,A.tnerica, a party opposed to the Plitish rod it is very natural to suppose tiny vmt.i.:(l not let slip tint o pportuwity,, which Lad akatif liven warinly taken up by the public s plrints, to ah, w their animosity. We'new under that through the instigation , of this party, asvmarial ,N1: - 4Vilrawn up, urging the Goveri;- '4lent to "...!'te immediate — reprisals on the British proptlrty to be found in the place,' and this Memorial was handed round the town for signature. It was, in fact, signed by many ; but as they were, chiefly persons of little weight in society, the application had been dropped before it reached the Government, by whom it would have certainly been treated with due contempt. This, neverthless, slims what very serious consequences may follow the intemperate acts of any foreigner exercising power within the jurisdiction of countries just emerging from the calamities of a civil war, the inhabitants of which are easily roused and excited to• commotion, owing to the moral power of the Government being yet weak ; and where, besides, there' is a growing spirit of competition in the pursuits of trade, and party spirit is not altogether divested of hos tile recollections towards us, derived from occurrences of an oYtl date. We have again to refer to the language of the Centinella, from which we inserted an article yesterday in proof of this. [Tut Truts.] Letters dated the 22d of October were re• ceived yesterday fromilavannalt. The quarrel between the town of Vera Cruz and the Spanish garrison of St. jean de Ulloa has created a de- 1 gree of exasperation which will place additional obstacles in tin, way of any attempt by Old Spain to recover Mexicti. The independent Mexican 'Govermrient bas acted with extraor dinary vigour and spirit on the occasion. They have determined that Vera. Cruz shall 'be aban cloned, and cease to he a port of trade, so long as the Castle :Of St. Juan de Ulloa should be held by the Spaniards. The Mexican mer chants had, in consequence removed' to Alva rado, which was , declared the port of en t ry for Mexico, and a strict prohibition was issued against the admission of Spanish vessels • into any port of Mexico. All the Spanish merchants resident in Vera Cruz had removed with their families and property into the Castle of St. Juan de Ulloa. 'The latest intelligence received at Havannah from Vera Cruz was the 11th of Oc tober, nt which time the fire from the batteries of the Castle still continued, and it was esti mated that one-third of the city had been laid in ruins by it. Numbers of Spanish mer chantmen had arrived at Havenualt with car goes for Vera Cruz, but which, in consequence of the prohibition of entry, were all compelled to be disposed of in*Cuba,.to the great disadvantage of the owners. A few ships were fitting out at Havannalt to convey supplies.to 'the Castle of St. :hum de (Noe, and this isolated spot being na turally impregnable, was likely still to be held by the Spaniards, though with little advantage to the ,posSessors after the destruction of Vera Cruz, and the extinction - of its . trade.' Some, of the letters froth HaVannah : express belief that a reconciliation ‘illS still likely to take place be tween the Spanish garrison 'and ' the MeXican Government', hut do not state the grounds of that expertation. Some Colombian privateers, which lay under the island of Sticriliclos, out of the reach of cannon-shot from the 'Castle, had succeeded in . capturing three well-armed Spanish schooners, constant traders between'Vera Cruz and ilavannak---a valuable addition at that too meta. to the Colombian navy, already•equal to that of the Spaniards. General Morales, at the date of the letters, remained at fravannah, and no hint is given of any new expedition to be un dertaken by him. milTlsu TR LIM] Tyranny, for the time, has raised amid the surrounding bayonets of a foreign army, its dark banner again triumphant over. Spain ;, but Ferdi nand is not now really the Monarch of, ,that country,,or called to an absolute throne, by the voice of the respectable portion of its people h e is the King of the Monks, —the ruler of the MUM. los—the regal head of the naked cot-throats of the Faith: these, if the French troops quitted Spain to-morrow, could not prop up his throne a week ; his only reliance at the Escurial, where he is now going, would be in his Swiss mercenaries; but they would sink before the thronging array, of theConstitutionaiists, and the tyrant would be al most instantly hurled from the throne he has abused. It is clear, from every late account, that Spain is now far from tranquil"; the constitutional and other bands still roam , the provinces, only waiting the opportunity again to unite and act: Azlor, the Spanish officer who claimed the un fertunate Riego from the French, has been killed in a duel by a French officer : this shewa the private feelings of these iudividuals on the subject of that foul murder. The fanatics from the provinces, led on by. the monks, were calling loudly for the Inquisition. The Ream/radar is full of their vile addresses ; their cry is, " No. thing but the Inquisition will save us from the Liberals !" And though the other Powers affect to oppose the re-establishment of this horrible tribunal, and suggest, in its place, an inqui sitorial police, it is more than probable the feelings of Ferdinand and the Me wili agree, and the holy office be re-established in all its former authority. This dreadful state of things may endure, for a while, but it will not be permanent in Spain : a great majority of the people of that gauntry now think very differently from what they did a century ago; three years of liberty have ,produced a sensible effect upon them. The march and long residence of foreign troops of different nations through that isolat4 ed portion of Western Europe, though they brought temporary desolation and ruin in.their train, yet led to an astonishing change in the minds and feelings of,the Spanish people.. The better or ders now all speak with contempt and indignation of the superstition that debases tha.country ; horde of monks, like devouring locusts, have re turned to prey ou its prosperity again : they are rich while the country is in ruin,; they, are TeSUMIng all the church property again. The Catholic religion, maintained, as it Ought to be, and pure, has nothing to. do NV ith all those abpsei; they are a perversion of its original institutes,,and an outrage, on its ordinances. The career of the tyrant, however,, amid the_ circle around him, goes on just as waSeipeeted. No deCrees, so long announced, have yet bean issued either from A ranjnez or Madrid ; no, amnesty either has been proclaimed. New arrests of the Constitutional Deputies, wherever they could 1 be traced, have taken place ; and if any acknow ledgment be made of the former loans, it will be of necessity, and from that alone. Without the recognition, the Despot or his Monk-Minister will not be able to raise a single piastre through out all Europe. [MORNING BRAM.] It has been slated that an application will be Made to the Judges on the part . of Thuitell,l Hunt, and Probert, to pospone their trial on the ground of the difficulty of procuring an unpre judiced Jury, in consequenCe of the Whined state of the public mind on the subject of Mr. Weare's murder in that county, from which the Jury is to be selected. The applicatiOn may be urged .on the ground of convenience to the Court as the trial is likely to occupy so much time, that the Judges will find ,it impossible to get through the other business of the' Assizes. It is said that these".reasons are likely to weigh with the Court, and 'induce it, if not to postpone the trial to next Assizes, at 'least to put the Commission at 'Hertford the last on the list, and thus give the prisonera more time. We, however, have been told that on no groUnd is the applica tion likely - to . he'successfal. This we regret, for it is palpable that the prisoners must now enter on their trial at a disadvantage, as they will' have to contend with a mass of prejudice, the total ab sence of which' forms the'very essence of the irn , partial trial to which they are entitled. We do inquire into not now mean to moire the cause of • this prejudice whether it be just or not, or of the means by which it has been excited, though we ere far from vindicating the course' which the Press has pursued on this occasion. Whatever might have been the motive of its conduct, whether it administered to a vicious public appetite, or only conceived it Was discharging one of its duties by aiding public. justice in laying before the public facts as they occurred--it is clear that the reinit has been unfavourable to the, ac• cused. There would now he 'nothing extra ordinary in the postponement of this trial to he next - assizes. The prisoners would stand in 0 better situation than if they had been put on air trial before the late Act of - Parliament, au- thorising a third assize in the same year. In that case, unless a Special Commission .were appoint ed, they would have remained over to the Spring Assizes, and we hope that they will now be put in the same situation as if this Act had never been passed, and be thus given the benefit of si Jury more free from prejudice than we think a Jury can be at this moment. SINGULAR RECOVERY ,OF A STOLEN CHILD: It may perhaps be fecollectcd,that about seven months since printed hand-bills. were widely tirculated, scribing the person of a little boy, about ten.yearsold, that had been decoyed away from its parents, Whose. meat is Macher, residing , at Knightsbridge, under' Very inysterlotis • dram 'minces. It was then ascertained that the boy had, been enticed away by a Man, ..whilst amusing. himeelf with his playmates, and had never been suffered to return. Not Withstanding every method was resorted to by the afflicted frietidii.of the child to trace him out, nothing vets heard of him, and all hopes of reed. tution were given up, till Monday hist, when, to the great joy and •sorprise or the. parents, their iontz-lostixiy wa ' i restorea •ta then',, under the folloaing•singstlar crectimstimees; the derail of which tetias to chew the depravity ot thiateAvho live by habitual VptnCy „/ • .• ;11zirzli last Thorns '4 WOO 4, alias Burton, alias Cox, a well-known vagrant, travelling Omit .14endon, seating him self in the most; public thoroughfare, and writing verses in vita on the pavement, was.apprehended by . the officers of the 31endicity Society, es:ereising his profession in Chiswell-strect. He was then examined by the. manegers of the charity, and by them set to work f at breaking stunts, which task he did. not relish, and aherti4tl; but a very short dine elapSed before he was again' niet in with, pursuing' his flit airite Call ' big on the pavenunty in front of the Duke •of :Devonshire% mansion in Ticcadily, , Otir hero was new Ferried before the .Magistrates at . .Marlborough-street Pace-office; and charged with vagrancy. However; by his pleading hard for 'Lis libc.ira ty, and entering into a promise to dispense with exhibiting his penmaraillip in the streets f oe future,, he was diseharged. On this occasion the officers of the` Police recognised hiin Co be the man wile some time baelcgave himself' up to jnsticelfi'lhe murderer of a young fern:dein the country; ,butittfter :repeated examinations, the whole was found to be ii fabrication, , and adopted by him for the P u rpo e of obtaining support, and he was discharged. Notividistending his promise to relinquish his mode of living, lie was in a few' days after again detected in Bilrlington.street,, following his usual avocation, and again carried before the Justice, who sent him for three months to the Tread-mill.. After he had terminated his imprisonment, he.continued to follow die profession, and in August last he was apprehended in Keppel.strect, Rtissell.sqUate, and also elittleboy of . very prepossessing appearance, ;who was craving the 'charity of :the passengers -us they passed along. Both he anti the boy, who gaVe his name John Smith, were carried before a Magistrate, who, from the appearance of the latter,' felt Intermedin hi; half, and - offered to get him„ into the Marine Society,: hut this proposal he refused, and lie and his companion were committed for one month each to the Honselir.eptreetio6... Shortly after their term of imprisonment had . expired, infer= inetion, was received at the Itlendicity Society?* office, that the boy wee the son of Mr. Macher (who is Surgeon to one of the reglinents of Life Guards), of Knightsbridge, rho had been sto len as abavestated. Persons were dispatchethin all directions about the metropoli* in search of hirn,•but no alue.could be oh mined 'of their refuge till Saturday last, when Wood was appre hended by the Society's officers 'in the •liindon:road. tie was questioned as to what had become of the boy; and he declared he knew nothing about him. He was taken before the Magii. strates at Union Hall, and was committed to Brixton Mill fur three months. On the Alcoa leaving the office, they; to their mitisfactiott, discovered the boy waiting in the street, to know the fate of Wood.. They instantly secured him, and asked him if, his name was not Macher.. He , strenuously denied it, and re fused to accompany them. However. tlieyetold him they ,wore determined to keep him ; end he, finding there was no chance of escaping, told them his name was Macher, that his father sass a surgeon in the Guards, that he lived at Knightsbridge, and that woe time back he had been enticed away, by Wood, and had been with him, ever since, begging in the streets' for hie living. The officers took thelugitive betbre the gentlemen 'of theSocietyeard he wai, to the utmost joy of his disconsolate parents,: deliveied over to them on Monday last. Wdod is by trade a shoemaker; and 13 4 native of Leicester, Where lie has a mother now living in great respectability, who heeling since discarded hini,_owing habits...to hi* depraved , ' habita.. Sonic tantback he entrapped a boy from Leicester, named Alaroney, `in a siMilat manner to Mr. Macher% ion, and 'in. *tilled into his mind every specie of vice. ForninatelY, bow. ever, lie was rescued from the ruffian in': Lot - 34014 andrestored to his parents, with whom he Mill remains. Wood was prose cuted at the time•• but escaped punishinent. It is beyond a doubt that several children have been' entrapped by him in a similar way, toass i st him. in his nefarious pursuits. ANOTHER MOUSerItEADMILL:,--A neat and ingepious . little machine has bren,contrived by a person of the nameof MiLy.t.t.or,, a weaver at the Abbey, Stirling, for .twisting and reeling thread. The curioity, however, in a great mea. sure depends on the machine king put in mot i on by a mouse. .110 e yttlo worker coufineti his hours of labour chiefly to the night, and tlLts in '2 1. hours about as much thieed as is sold f or The work seems well done;, but the quantity, although, as much as : can be expected f rom so , ieeble a woruman, shewl that, the . wnole more to be regarded as a curiosity, than as possessing any thing of practiCal' utility. LAW INTELLIGENCE. COURT WI CIIANCERY, DEC. 3. 8U 114N17.11: V. POWELL. This:AV:li an appeal against a judgrnentof Sir W. Grant, late Master . of the Rolls. - The father of the plaintiff had been engaged . with the" de. fendant and others in the banking business. Certain Trustees gave the defendant powers to receive and carry to account the dividends on .6,0001. in the'3 per cents. .The defendant ap, plied the capital to the purposes of tl:e firm, 'and accounted for the dividends without informing the others of the transaction, which only came to light on the bank breaking. The late Mr. Sumner had,-before the bankruptcy, withdrawnhimself and' his capital, after taking an indemnity from the remaining firm, to clear hith froth all future claims upon the concern. The Trus tees sought to recover the property thus fraudulently withdrawn frima them against all the partners, the plaintiffs indemnity not withstanding. : - . The late Master of the frolla was of opinion, that the con ditions,'ofthe bondwere not large enough to exclude the plain tiff, who had succeeded to his father's effects, from the partner ship.responsibility ; instead of a joint bond, it should have been a joint.,and several bond, to perfect the indemnity., The LORD CHANCELLOR had wished 'that the parties could have adjusted the matter out of Court. As it was he could not see sufficient reasons to induce him to disturb the judgment of Sir W. Grant. . . COURT OF 'KING'S BENCH, Dr.c. 3. Cox AN AN9THEIL v... 11114.15. This was an action' for improperly riding a horse, lent to the defendant on trial, in consequence of which lie died. The first count of the tteclaratiOn'alleged, that the plaintiff's delivered the horse on a promise that he should be returned in five minutes; but other 'county alleged a more general promise, to ride the horse in a careful, moderate, and proper manner, and return him in safety. - •It appeared in evidence, on the part of the plaintiffs, that Mr. Millis, a hanker, in May, 11122, negociated with Messrs. Cox and Co: for the purchase of the horse, which then stood at livery; at the stables of Mr. Mann, in Stamford-street, Blackfriars yoad. The time was that oeEpsom races, and the weather ex tremely hot, when Mr. Willis took away the horse for dial,, and rode him as far as Wiliden. After three or four hous` absence, the horse was returned, cool, but covered with white foam, which had apparently grown cold on him. Ile seen 'afterwards fested symptom. of diseme, and died.itt the expiration of fodt days. Mr. Weedon, the veterinary surgeon, who opened the horse, stated, that the immediate cause of the death was an in flammation of the lungs, which might be caused :by over ex(-r -tion, or by conimon catarrh, or. change •of stables.: Mr. Col burn., having heard the whole case, thought-the disorder might probably result . from the horse.; which was fat, being ridden toe hard in hot weather ; and explained, that exercise, which in it. self would appear gentle, might et such season, and if midden ly. adopted, have eh effect very ,different froin that which, Under other circumstance', it would produce. On-the:part of the defendant, 'Thermo iffack, his gioati,•was called, who deposed that .the horse wes returned apparently in good health and condition to the stablcs, though he admitted that the animal was •in a .gweat, which might .arise from the heat of the weather. Mr. 'White, of Wiladen, and Mr. shepher. who saw the defendant on the horse in the Strand; swore that.there was no appearance of excessive riding when they saw him: . • The Lotto CHIEF...I 1.1 sT ICE observed, that the count alleg. ing a promise to return the horse in five minutes had net been proved, nor could it be expected that it would be established ; for no man desiking to try a horse would consent to limit hitn self within that period. The law, however; implied a promise, such as was laid in the other counts, to ride the - horse in a care ful, moderate, and proper manner ; and the simple question for the Jury was, whether this implied promise had been broken. —lf they thought the.defendant had only used the - horse as a gentleman would use bum, he was entitled to their verdict; but if, judging from all the circumstances, they :bought he had ridden immoderately, or had not checked MS' speed when the state of the horse evidently required -attention, they would re turn a veidiet for the plaintiff, with such aaning:s ns would remunerate him for Ilia 160. The Jury, in a few minutes,: found ,a verdict for the plaintiff Damages ffs/.. SCINIER V. 131.TCX1E. 4.1 r. Gun stated, that this was nth ection against the defendant fox penalties under the statute,. as Overseer of the I I parish of Sitfiron-bill, for supplying the g under his.charge with coals, in which he is a dealer.' jr- The defendant had contrived to send these coals into the -workhouse in the name of one Gautier, his brother-in-law, who keeps a little' coal died. . • ' Mritn'tsses buying been csatnined, the LonD CIII us- Trot: atitymictd up' the en4e, and left it to this Airy to , 141t/y *be. test the - defendant% go Ina to ; a relation to itive hi , n the • pro fi t of tit:: supply, was for any direct profit .11e had it; himsr.lf. the Jury thought lie merely did so to serve his rela.tion, by put ting the profit into the pocket of his brother-in-law, this was not what his:Lordshipi would Approve of in a moral view as'a parish overseer ; but this did nut, in his Lordship's opinien, amount to,a violation of the terms of the statute in point of law.--Verdict for defendant. COURT.OP COI',IIION PLEAS, Dec. 3. v. FOISTrat.. ti; Srecoveerrjueacnoitit p P t E .„ L a t t , i( s ll t i l i i , dl t t i n la m i ge ti s ii f s o t t ve ib s e a i n ro a u c ry tion st h is r t o a t i i n g e h a t by the plaintiff and his wife' ' 'in consequence of being overturn. en in his cart on,one. of the days of. ;Epsom races, in 1622, by the care) ORS driving of One of the servants of the defendant, who is a postmaster and hackney-coachman residing in INlatylebtme. Afterdeclaring: that it was R clear point of law that the roaster was respinsible for the misconduct of the servant, the Learned Sergeant called the following witnesses to prove the damage which had .been inflicted on his client Allison, jun., :4 imy about 12 years of age; and son of the plaintif, who is it proprietor of one of the Crin*.erwell stages, deposed, that he went to Epson. Races'with his father and mother, in luny, 1622;in a one horse chaise eat. They all haft therace-cOgrsc loug before the day eloped.. Before they got to Sutton, on their return home, he renicinbered seeir.;;.a ca t o r sy r, which wets o s c t.ntlitalilsaeettlirrniteig in a at 3 f t t r l 1 1 behindO ng of cparrigrehtistrifaitil4er'tos mediet,:ly after he S4IW this post.cheise, it ran violently against his fi dicey cart, and overturned it. His Mother and himself were thrown out with great vinience, and fell on the path - clnse by the hedge.. The post.chttise 'was alsorwerturna.. Witneas ran up to the post-boy, and said; ' You have killed my ruQ.. thee!. The post.boy said, " I don't care." Hit father, Who at the 'dine was walking by the aide of the cart,' war knocked down by it when it wits Overturned, and was subsequently ear. ried into afield by the road side. - • . ln his cross-examination,• he stated that this accident .hapi. honed Agar dinner ; there was a berm:idle and four behind the chaise when witness first saw it, and they both passed at the seine time. The chaise wan to the right.hand, and.the baroliche to the left. The cart was struck by then both by the chaise first, rand the barouche afterwards. flies father and mother were taken to Camberwell that same evening, Frederick Vioodbridgeolbrewer who was returning from Epsom on thq day in question, deposeithat when he was about milefrom Sutton, he efts n post.chaise with two horses, and a barouche with four, racing against each other, The plaintiff's cart ty„as before diem. The barouche- passed the post-chaise, and the post.chaiee then set off. at full gallop and ran against the plaintiff's cart, which it overturned end ,broke to pieces.— Mrs. Allison' was thrown oat, 'and when the witness saw her she wits One ;,pure of blood;' pie& •Ileth hung down front her nhae, and gavo.her a most 1600\41 appearance. Wittlea was at first of opinion that her nose was cut through. He as. sisted in conveying the plaintiff into the field, who appeared to be much injured in the body. ' pth}innlau::lto.se:wroadirwc:s!fst:opcgte.err.istitif-lett:tat;;aiaiacbri:sdta:ameitillifrcakaliraeliavftntntgt''b:slrs:a:oy.q,utosnuigt!:ht;tnt4dtpe aaeas totoigiaadc.ttbre.:44eicecoblb:audiroi o.hicl :soft gainst . ,Nlr. New man, the owner of the barouche. dent.l i l t . ls i l n a t t a h r u , :ie c t ar t: Chafer He went there in ' ct at ' it V t i n s eE c ti lr °l' t ixid ur s w ri an" ed : : tinitst— r a le actiY a i4 a .° ' f w tethi lie 4h pos et t i i chaise , a short distance behlnd the plaintiff's' cart .• the post. j a lt as t i :tifi l: s " ca th rt 7 tt:ri lli e lD ar i ly ia 'i g n 4 ,tn 'in e d n ' i en khu dea e . :th uri e t , i d t t ,:,p ;' 7.li nb ;'s i n t th,t a t I :p i : t aie t aZt i n fr o ti t ite ms * * 1 a side y . the barouche, which w" also kalloPing : At that 'm . the thout t. A* 0)0 , 1)9 4 a-0 01 0 p e t r i: ic t ser a t z a -t i;ti l : so t_ u s r t:r t l 4, c o k .p with 8 t . I Y N ;: n y y g y g reat own out, and fell to . the ground to his with toniiderable viblenee Al tsar " sed that lie Inn He c t h bu i ri a d di . ra ti7 iin tron d of ssvil U 5 wt f n t rid t a . c ' tl e f l i a l t en is` hi t h s h iti s s e we w ne e d re e . broken. Witness.bled hipi ai lli e t ro ti ad inti . -- relieved. anti enalikii to .aril Ilias then much , gp tut,Sutton. Ile also UM Mrs. Alli iun'in a ' Km ' ;. het 41!ts tie Tiee . rated e AC. tentipd , her until, Sattirda `Thttraday received. e a°4klent happened. on the I:.le l llthr: p f r . ll, o iiie t i n'e s ; it f 'a ii w g ;: ic h i i:l7 ° l l ; t: r sa it ir i l t .:43°4r th t.l'69l : :44 : l c -a e .°P t f t: i r n e, dt ; tl a :o l l; t wittg : with the , fast Wiiiitskjoi r t l c ""vas 1114nihg from' Epsom lie at- i s i o e n cid th en re t e . four tiniet : 11 6 ' much lacerated, that the mr,rpaoa. Ave! n ". wais so t ov '4:e nt d e l . , : fp t p ui fi i wt lii s see ebxs : I) of 1 1 s.l(ste • plaintiff had brought an action for this injury against the owner clatin for attendance was 611. 24. lie was not'aiate that the of the barouche. He had not had any conversation with him on the subject. Mr. Benjamin Travers, surgeon to St. Thomas's Hospital, deposed that he was called in to attend the plaintiff and big wife on the third day after the accident,, and that he continued to-attend them for five weeks afterwards. He saw one nurse always there, whose presence he conceived,to be absolutely neeftsary, He received 34 guineas for his attendanee. That was a reasonable sum, as the plaintiff's residence was three miles from town. M. Serjeant VAOGIIA:i4 addressed the Jury for the defence. After expressing the sorrow which the defendant fblt at the un fortunate accident which had befallen the plaintiff and his stA be proceeded to contend, that the evidence which had been that misconduct of the post-boy. Now, unless they day adduced left it d o ubtful whether it had arisen front the convinced that it did arise froM his misconduct, the Jury ou g ht not to give a verdict again s t the defendant.; for if the Itost- 11 °1 had not been guilty of 1 negligence and misconduct, ...is master was not responsible for his ac tions in point of law. Mr. Justice ButtßOn Gil told the Jury, that it was a clear in point of law, that the master was responsible for the 's' conduct of his servant. The question therefore for the Jury to decide was' thisaaehad the servant been guilty of that ne g li f, gence or misconduct which caused .;the. injary - 614 formed were perfectlY the basis of the present action? The Learned Judge then summed up . the evidence, and observed that the drive r of the post chaise was especially bound to avoid will+ when he observed th a t one carriage was attempting to Passt iv rest. His racing under such circumstances went a long wal to prove negligence on his part. Besides, that after the accident had happened. and the postehoY h been told that he had killed Mrs. Allison, his answer %sari " I don't care ;" and that he had not pretended to ssy the injury bad been occasioned by, be barouche. if the Pt', chaise had first struck the cart, and had driven it on th e baroucbe, no action could be maintained agairiEt the owner of rho barombe ; and as the tendency of the evidence adduced tha t day had been to establish that fact, it wits a sufficient ansWer to the observation of the Learned Counsel, that another Odell` might be brought against the proprietor of the lierouche. len , had wisely provided, that a master should be liable the acts of ins servant; and it had so provided, because othetri wise there would be no safety in travelling, as a servant 1 1 „lig i ' then commit with impunity injuries for which his want 01 pit?' perty would not allow him to make any coinpcnantion• attempt had been made to swell the dams it was in rot damages .mproperlYe e t nothing had been said respecting the cart, which it hat ll3 7 roved was broken to piecet. The Jury wou ld estimate til, e e jury sustained by the plaintiff, and would give him that to r compenaation with:lent was entitled to receive: r 01. Thc . J returned a verdict for the plaiatiff—Damages • • EVAII9 V. CA Ititt. • Mr. Scrjeant Pen!., ia opening this care, said that the lie: feadant had made Baste noise* in the world, the story o f her. a dv e ntures having figured in :Ili the nee:are-pat. The na me "- the ' •dsfe:indant v:as Ann Henion Carry, a nd site was the s ou person who it would be recollected had been induced by tt Icon' denten residing in Stafferdshire, to accompany him to Amm.; No scoter, however, had she crossed the Atlantic than she 1).'" ample cause ,to repent of her imprudtmee. Her . l e lht el r (who was, by the way, a married man; and now living in tn," country) behaved to her in a most bland manner, end. returned from America in a state of the greatest deOtr., don., Having come to London she Potted access, to r house of the plaintiff, who was a painter and glazier, 11 1 1'1 in Circus street, New-road. Here she succeeded in exalt' ing so great an interest for her misfortunes, that the p 1 . 0; tiff not only-become her 'benefactor in every re , opettl 'r e ; even coneented tq allow her .thughten to. go, clown w ide her to, Staffordshtte; in order to seek retires% from the cruellywortha. Man who had socruellyabandoned her.. In Stafibrdalnr c '• however, they were both illegally arrested at the instanc,r4, that inan, and in consequence, an action was commenced agatje hint, tberettult of which was that he bad to pay, Mrs. Carry ' c l a i sum of 1,410/. She behaved; howaver, in the most way to the plaintiff and hie family, for site, refesed, aft ink; got that large sum,p . ay 141. or W. Which the y tat l ' l ; ln d had lent her in distress. It was that eirtanna(anee given rite to the present action ; and the defen dant persisted in refusing to pay the debt, but anon Tawneu " of silver sugar tongs belonging to the.plaintiff . . iiicto:oll, Harriet Paine, the sister of the plaintiff, clenOse° L,,u ons ene• called twice at the. lodgings of Mrs. Carry, in P!' e r e ' e estS Street, lidgeware-road, for the defendant, and eISO ‘ „ bi a. . . Cr, e told wi t " thr a d if in e g of certa the nest; than she expected her lewear reonevearZsr to w her site rept i,vett it she would pay 2,17. Evans. lent BNe fot-a putr 6rsu tr ar tongs which :t I rs..Evitnit ' l leL , Old not get i l lat e riff ce h di a P el g i s ta l i a d 4 f e o n r rrl.nstMirsle.teL:l4e‘,r. otneas saki that else faint ..not ainnin at . Abe t time bet lale vo tr ess them, nine E,vans shoula hay. t2t,t • •,f OD • hnatrti;that.3lra. 121 - vana bait Cross-t ed.--Witre a e el— iee !b e `: - T fondant owed her brother a delta cintld repay. She had .believie lin a ghost umnee tn 3 "" P to limn the de" Two other witnesses were callsd, who swore ti ts ' fendatit bad acknowledged the debt. The Counsel for the defentlagt eubmit t 11 ()thing but proof of the debt had been made Mat, o!tre bel'g 11 loose conversation about the matter. ned Judge , The Jury, however, under the direction f the I,car found a verdict for the plaintiff—anarnages4sl. o sufficient PREROGATIVE COURT, Do. S. ° , g r IX THE GOODS Or OATIIXIIINr, LATY..E.5.11.11.3- report of (In THZ Sux of the .13th at' November, we 4 1 ;ni e u moved o 9u eD i v : : it. i ii l ryi d t r' alt i tp L hint ii ;iit: cu nisAvit e rs aincasui P C h n tte r gas o b lu :r U its c o r C tli G ishao t eL ,a T e,i l t dts, i L o ° :w n onitwL N ere gi g lioi S M iti:t U e l naeh liSa n a n . S h l t n tii ie h t n : r O n gil mi h s °cl i et :l s r E i lE' t l e t i ci i i ) :: : s e st" l bt l E oy en i:l ,tt . c lh d y i e . e 9 C ' e cs ' ll r' ci s i tt i a : t : n e . : 1 0 1 .fi l:tii t'l l i o ne r o af ft y l e t t 1 111 : i t ! Empress va:atsxeeihlaie : England, itivv,Gi:e:Ana,4lti_tecaNicit l i 1 i i isao( i : .rour i dre i :bnii t ptur t. e.6 ll :;:lilnili n t ayl o tde.::: tl niatcp,...l l :, : irl:sevts A l ia , ,t ' ilu: ,: t .l o.loeio r t; : otiln ,, itele tod n eti s othl r io iveitii r. l.4.A.cert . i f . puto, .tt o jefr, r, r 40:,,; sale of a certain house in Li arley:street, Cavendthh;N:.consal ; p t4 rti e N en idid urt tl ex te P lß ess cts ed th i e ts n i' s ri t i a l t i e n d gli t e e 's ti t fe t..O .B u i r l : t sh il :t lll : ss a ttr° f a r j •lli ls ol get forth end averred, so as. to make ' out o tiof' 96 ' nt . ' e he of P. annistratton, '.4TL , , . -s -iFk Pgrisr.llo 2 e Month of .Aptil,•lo2o, , b ving.l''''‘ i ' rY ; .I .' nu - pe . rty in tan country, w i t hi n the vrevinee of ci i i tt r otheihoosi wic:'.ow, a.natural andlswful son, and twOgravkr il ( il Pa w l of a deceased daughter), his next of kin, and the e l l ' e ißets , • 10 entitled in distribution to his personal estate orn boo pott l o decree issued, under seal oftbis Court, calling t . i r mi n t i t slio,'",, ei' f il t., 4s gOecionh and all others in general, to oPr ea ` -- ono "i: ' rge why letters of administration to the stria. to , iyiot" should not be *anted to Soilleux, - o tre"'"lon bc'' sr; amouß AfterWardS , similar. decree Was i°" e( i-ss 0 119 ` 1 , , ti. M. Julien 'Reni le Clad, another 'creditor to g ' 00 01.. 0 `,..` c a so t? tv . : pntfair.:lo JESSE 1 I W l :r . e e 66 ..T ga u f i r a i d e ‘ e:7l R T h m a i d p F i r r e o e p: , er d le t l r y c in Frn nee. An • f stitoi n° Council now moied - ithe Court va rr rant i ts kat" ° ve :cii I. ADAMS had a similar IMPlt es 1 ,,,,,,cr crf i pos behalf of M. Soilleux, whose case, a* beink, t... ,,t 1 10 , o ':„' s ticol' would be very hard if the letters of admintst-1 Of • 'trY be f(ranted to him. id Do t .ral' bir : Jousi NicHoLL'thought the Court COd.,JOSiidreV, question. Firstof all, M. be. Choc hall oPl'c'7..iiittia'' tor; now, in the character of attorney for tliecfo(art, The matter had better.b&arranged out Of thio 0 , of joov EVANS AXD WRITE V. rh lli file * li la 0 1 A lb : This was a question as to the validity 0; " o ' to u" to ''' TitlbOys Turpie, late of Cleikenwell, decease:ll op etl o pt. Bch of June,lo2k, leaving behind him Pors(",. .l.„.,1)1000 manta of 3,2001. He died a widower with° l3 * his nab*-- ti hut, leftbehind Win Mary.fltiokwater, wid °4 ec-. lawful sister, and only,fiext of kin. due es :d ; 1411 ' ziggiog the . . e a 0 „ t.J • The argument' of BT. A DAVS dal , ' g eO"" this instrument ocCupied the whole of the, for - sent ... at the conclusion of the Court WO aisign e4 _....' ....:g- - --,--- turtle). neat. : . „,,,..,,,., ~.f -..............,....................„....,....., -,............!....tf-- -- - '"'" . , ~1 . Orb . ~. ,MARRIF. 3 1 ' tcf ''I L . °lfil to N' lll f t: At' gdinburgh, on Saturday en `-'9tll6„rretiti,„,oo,l Abraham then, Bart. oft leveden Cour t ; s. of CO' eldest daughter of the late Wm. Stuart, ~,104. and tileit'of Kenneth, Earl Of Sesforth.. ,- di • , ' . eriti l ''' , # ...I. • , DIED. - ~.,t _ v iol . , to w 0 Suddenly,. on the morning of Tuesdor'irt;l' 0ri,,,,,..11,0 die, deck in' the offide of Ilebburn colliorlt_k.,,„oo.4l:o, .4 Milner.) 401100,44100 n, .Esq. of New l . , g:,.'d i for . 1 5c4b ' 85, a inan deservedly esteemed arld re;J:i hi pesiti ° .40 of - diameter; and :Mr a.benevolenee ,t , , di a t , Poe occasion his loss to be drel ,l } s , ' iraPentti'te p a rone',', 1101', / „01 1° ' - •lititelY, at Chartres, in 'ranee, . On ' Sunday—morning last, at Ids they i ell s t wifel iri Ch ris dif Joseph P A h ll . F e Nett, k } : -:(1- E s S :r: ( 11- ; 47:1:t.17° S i ' fi ts r e : i I i ii I : 11111ii l ;- ' 11:'''';: Fr a"i6 ' ' - 1 71' tt t of :41teelf-Street, Cheapsida. , ~,....0 , -fe rsitt% °ll. 4/ 0 " 1411°01:natedlatithiojee,n72112dr:°:t,hcp:eri;°111tti:anacm,;:','-::r:',:rrillaaih,ht:di::::°Bynpg:sjhrß:l'i:,.v.i4GtheA, 11101 4 te, , :III: