The Sun. — London, England, 1823-01-18 00:00:00

THE LONDON JOURNALS. IIXTRACTS FROM THE DULY , AIOItNING PAPERS, January 18, 18'23. totonmPio , cult° We have always maintained that England:was attungly interested in the establishment of . Gre 7 eiau independence, as-the only bar to the ett• croachment of Russia. An Empire like that of Turkey cartnot possibly subsist much longer in the neighbourhood of its ambitions and crafty ewesny. A house divided against itself cannot stand. The GreekS constitute the indigenous population find the real strength of the European portion of the Empire, and were they to be put down, the. execution of the projects of Russia - would only be thereby facilitateth The de struction of the Greeks, by far the most numerous, I;udustrious and intelligent part of the population, -would leaN'T the Turks Ivithont resources ; the replacing them under the Turkish yoke would only tie cherishing an ally for Russia. But the (reeks, if independent, would soon, by the aid of situation, be enabled to defend themselves against any power whatever. Alexander has continued to induce a very general persuasion, that he has hitherto been restrained by magnani mitYy from encroaching on Turkey. We are, however, satisfied that the want of adequate means has alone prevented him attempting to carry Ms plans into execution. The troth is, that the preparations for a Turkish war are of a most fOrmirtable description,. and a necessitous Power like. Russia can with great difficulty support the expet:ce of them. [monNlNo pos.r.] we received last niaht Bayonne Papers to the WO) inst. They represent the situation of the Army of the Faith in Navarre as most deplorable. O'Diitinel had been compelled to leave it by the clamours of 'oldkrs, or rather the intrigues of the other Chiefs, ivho had not been pleased at beitig compelled to resign the command into hiS habds, though they dared uot at the time disobey the ordpis of the Urgel Regency. But since the 11igh►t and dissolitticti of that ephemeral body, they had used all possible means to make him lose the respect and confidence of the troops. They painted him as too old for the warfare in which he was engaged (though the chief ground of complaint against him seems to tave been the fatiguing rapidity of his marches), and they availed themselves of his close relationship to the Conde d'Abisbal to ex cite serious doubts of fii,s fidelity. Having re- fused to give battle to the Constitutionalists, be couse he felt that the only way to preserve his army was to avoid a general action, a sedition broke Out in his own camp, and he retired to St. Jpan-pied-dp-Port, where he remained on the 10th instant, a with his feet frozen, and the ma- ledictino of his soldiers for his recompence."— Meanwhile Torrijos, who had occupied all the strong positions In Navarre, and driven the itoyaliqs into the vines, issued a Proclamation, whicit induced many, of the latter to abandon their colours and to join his army. O'Donnel's successor had not bet , n appointed, but it was re ported that General Quesada, celebrated for his defeatfi, was expected from Paris to take the supremo command, which was divided for the time between the two Guerilla Leaders, Juan.. nito and Ludron. The intelligence frOm Madrid does not come down later, than the 2(1 inst. All was then tranquil in the Spanish capital. In consequence of the refusal of the Pope to sanc tion the division of the dioceses and the exile of the Archbishops who had proved hostile to the present system, a :proposal was to be Made in the Cartes to render the Spanish Church inde pendent of Rome. 1:1.40 TIMER.] No expresses hating arrived in town yester tiny, up to the hour it which the business of the Agchange terminates, inventien was exceedingly active In supplying the want of real intelligence. The most formidable rumour current was one of the assassituttiou„of Count de Legarde;the French Ambassador a(Madrid ; but this was DO sooner bruited than discredited. Another story, of in suits having been offered to that Minister by the populace of the Sanish copital 'MIS SO circtm stantially related, as' to induce itiquiries into its authenticity, .'wh:en was ascertained that. a letter; had arrived from Par . is, bUt dated as long 1146 . as Monday, last, nientioning such, an event, and 'giving :particultirsi, The date assigned was the 1 7th instant, and the lette'r: StateS„ that on . t,hat day a tumultuous assemblage took place before the ,house of M. do Lakarde tit Madrid, who used ekpresslons highly menacing and inieltitig, and exhibited every demonstration Of the iutention to rooted to violence—that M.de. Lagard- dispatched '4 inesenger to the Command. ant, apprising: 114 n f his danger, who promptly enforced tln attendance of the military, and by their . aid lie Was enabled to escape by a baCk' Ivay, whooce he : was conveyed for security to a distance of - miles froth the capital. The writer gives some colou! to ,this statement, and accounts for truting so important en event to the post, by adding that it •was,knewn only (besides himself) to the !Aerial G.ov,ernment r who would not suffer it for two or three days to transpire in Paris, and that all the . eXpresSes from Madrid had been stopped. 'rho whole story is a contempt- Me falsehood. We allude to it only as a ettri. ens specimen of the expedients resorted to in or. dot' to depress the foreign securitieg. We un doro.and soiree large sales of Spanish stock were rrttle On the strength of this rumour, which oh. however, so little belief, that the prices rocovertd nln ht innueditely. Our expieSS;the contents of %vhich Tiublished in Wednesday's paper, left /Madrid on the 7th, the date of the pretended riot, and all' was then perfectly tran. quit. U:N' ENV TIMES. `i lu is Benin ] of the political campaign in the Schee is usuaily preceded by some skirmishing without doors, and so it happens at present. On the Atinisterial side a battery has been erected in the shape of a Pamphlet, which has it walked the townaWhilenurrib'ring good intellects."—On the other hand, the guerillas of the malcontent party assemble, to . shew off their dexterity - in speechification, and to condense their argu ments into strong resolutions and patriotic healths 44 five fathom deep." Notwithstand ing the late unfortunate explosion at Nor wich, the Whig's have determined on hold ing a grand field-day at Edinburgh, and two happy occurrences coincided to afford them a happy opportunity, the anniversary of Mr. Fox's birth, and the election of Sir James Mackintosh to succeed Mr. Jeffrey as Lord Rector. of Glas gow. We.say it with unaffected sincerity, we are truly pleased that Sir James should have ob tained so appropriate an honour as that which leas been:bestowed on him by the young Gentle men of the Lanarkshire University. But on cast ing our eye over the report which has reached us of the Edinburgh dinner, we cannot but think that Sir Jame and his friends have been a little too much elevated by his accession of dignity. The idea or having a Lord Rector among them seems not a little to have 44 dazzled their eyes and be wildered their brains." The tone of their speeches was as elevated and Bobadilish us if they had not heard of the late unfortunate explo sion which made their friends cut so foolish a figure at Norwich. It seems that the determina tion .of the Edinburgh Reformers " to oppose and expose," is us fierce as ever. Heaven have mercy on the Sinking Fund and the Property of the Church, if such political Drawcansirs do but once more get into power ! [MORNING HERALD.] We heard, in the City, yesterday evening, that ad vices of a late date bad been received by Go vernment, from Madrid, and that the intelligence brought is to this effect :—that the Spanish Go vernment would be guided by the advice of Eng land as to the question o( waror peace with France, ::.ad that the general opinion entertained in Madrid was that there would be no war. We give this rumour as we received it, not pledging ourselves in the least for its authenticity. If we may express any opinion on a subject so momen tous, especially to those interested in Foreign Securities, it would be, that the Spaniards have no idea of going to war with the French ; for in so doing, they would risk every thing, and could gain nothing ; and, on the other hand, we can hardly imagine that the French Government would be so stupid as to go to war with Spain, by which, in all likelihood, they could get no thing but hard knocks, while they run the risk of their troops, even if they conquered Spain, returning to France with the same revolutionary spirit the troops of that weak Prince Louis the Sixteenth manifested, after he was silly enough to send Lafayette and a French army to the assistance of the rebellious North American Colonies of Great Britain. It is, how ever, difficult to say how this affair will end, and especially on the part of France. When any Government has at its command one or two hundred thousand well-appointed and well-paid troops, it is apt to be equally affected as a man in private life is who has at immediate command one or two hundred thousand pounds. Man is but weak at the best, either collectively as a Go vernment, or individually as in private life.-- When pride or passion gets upper hand in either, it is not easy to foresee the result. ['mann rat:ss.] The conduct of the High Sheriff of Wexford is, so far as the official tools of Government are con cerned, a striking and just retribution for the in sidious hostility with which public meetings in England have been restrained. The Acts of Lord Castlereagh, in the very spirit of this hosti lity, are a reproach to legislation, and will hang as a mill-stone from the_ neck of our Constitution until they are abolished with due execration. It was but the other day that the Noble brother of the-insulted Lord Lieutenant called the meeting of a county, not far inferior even to Wexford, 44 ,a farce." This is retributive justice ; but its retributiveness is all that can be praised. It is, generally speaking, the natural fruit of the mon strousignorance,arrogance,and persecution which have been so long favouied and promoted by the Tory Administration of this country. The reasons of this rival of some applauded Sheriffs in England for refusing a county meeting are not more singu lar than they are absurd and contemptible. With such reasons we were familiar when county meet ings were refused on occason of the military outrage at Manchester. Becauie a Party Grand J ury have :ignored bills, to the astonishment of every man who understands the province of a Grand Jury and the 9bligations of an oath ; therefore public meetings are not allowed to express their. .abhor settee of assassination, violence, and outrage.— The Sovereign of Carlow had set •the example of ,this sagacious magnanimity, worthy of the as sembled sovereigns of circular celebrity. We should as soon reason with the '‘ lunatic" who talks of an ‘‘ atrocious violation of French terri tory," as with the Sovereign of Carlow or the High Sheriff of 'Wexford. They are d • hi a mire y illustrating the cause they espouse, and effectu ally promoting the • principles which they hate and persecute. SAVAGE ACT.-----.--O,1 Ifithly night some wretches poisoned a most valuable Newfound.. land dog, belonging to Mr. PumpoT, pawn broker, Bermondsey -street. The animal, when discovered by its master, was foaming at the mouth, and writhing to and fro in the extremity of agony, and died in about an hour after.—This is the second faithful animal lost by Mr. PIMPOT through the same diabolical means within the last two months. They were kept for the safety of his premises, and on the former occasion the shutters of his shop Were taken down, the gas lamp directly over his door being fiat extinguish ed, by cutting away the pipe, and several articles of value in jewellery and plate carried off through a cut pane of glass. Mr. PIIILPOT has had the dogs opened, and large portions of arsenic were found In the stomach of each. The savage act is perpetrated by throwing the poison, thickly covered with grease, within the reach of the animal, which is swallowed without resting on the palate. LAW INTELLIGENCE. COURT OF CHANCERY, JAN. 17. IN RE THOMAS SPURRYER, A LUNATIC. Mr. HEALD moved that the Committee of the lunatic might bring an action of' ejectment against the person in poasesion of an estate to which the lunatic was supposed to be entitled. The former application to the Court bad been made sit the instance of the Committee, who, at his own expence, and from motives of humanity, had prosecuted the interests of this unfortunate l unatic, who was a pauper. He had been non compos mentis for more than thirty years, during which period a sniall estate of inheritance had demised to him from his father. A party, taking advantage of his condition, had procured a conveyance of the property, and obtained possession, and the lunatic had been ever since in a state of the utmost wretchedness. Refer ence had been made to the Master, who reported that the con veyance was not sufficient, and that the lunatic could recover, and recommended a bill to be filed for that purpose. The Committece had been advised by a common lawyer to try the force of an ejectment against the present holder, which was a mode of proceeding so much more simple and cheap, that the Committee determined to adopt it, provided his Lordship would grant the order. The LORD CHANCELLOR, without fuller inform a tion, cou ld not make such an order. The Maiter had reported that a bill would give the lunatic his remedy. It must be shewn why an ejecunent was preferable, to justify hisoLordship in rejecting the opinion of the Master, for which he had called. Mr. HEALD said it would cause the loss of twelve months by the delay. The LORI) CHANCELLOR said that was not quite so clear. By following the Master's directions, they would have a more sure and very likely a speedier remedy th an in a ny o th er way . The'deed spoken of might be so framed as to defeat a common action, and yet this Court, ,regarding the circumstances under which it was obtained, would be able to relieve the lunatic from the operation of it. If they could convince him that an action of ejectment was the More eligible, he would hear them again. Mr. HEALD admitted that the Mamer adhered to his first report, and therefore it would be better to proceed with a bill, as a nonsuit in common law might prejudice the after hearing in equity. The LORD CHANCELLOR did not assent to that. They might try the experiment at law, and afterwards be as they were before, in Chancery. CHAMBERS V. SIR ANTHONY LECHMERE AND BENJAMIN JOHNSON, LOCI. • The ATTORNEY-GENERAL said, that in this case the bill in support of which he was to address his Lordship prayed for the removal of the trustees for the appointment of a receiver, and, further, for the payment of such a sum of money into Court as they had not accounted for. The Learned Attorney- General described the conduct of these trustees as negligent in the extreme and justly meriting the censure of his Lordship.— Indeed a case of more culpable inattention to those interests to' which they were bound to attend had seldom appeared m II - Court of Justice. That negligence too was not denied . ; they admitted their gross misconduct, and though he did not attri bute either fraud or wilful default to the Gentlemen whose con duct he was investigatlng, still he felt that the same conse quences which fraud or dishonesty usually originated, prevailed in this case to an alarming, and, indeed, a cala m i tous extent .— The testator in this case died in the year 1809, and by his will directed that the trustees under itshould dispose of his property, real and personal, with all convenient 'speed —to pay his debts with as little delay as possible—and to discharge all his legacies within twelVe months after his death. In 1809, as be had just stated, the testator died; and the trustees by their answer admitted that, bad the pioperty been then Sold, there would have been ample means both for the discharge of the debts due by the testator, and also for the payment of his various legacies. But the *teem was now reversed, and in 1823 they were apply. ing for the payment of these legacies, with the unpleasant re flection of knowing, from the information of these trustees,that there were not means• left even for the payment of the,testa tor's debts. Upon this one circuinsts'nce alone, he submitted that their negligence was apparent ; but it was not upon ap pearances alone that he relied, since they had the evidence of the trustees themselves to shew, that if not delinquency at least most singular negliffence was attribut a bl e to t h em . U pon that material fact then they had the admission of the trustees them selves. They indeed attempted to trace thatdeficiency to causes which, while they urged them in palliation of their negligence, served but to place diet negligence in a dearer light, and to ex pose more fully the extent or their inattention. They referred that deficiency to the multiplication of vexatious suits insti tuted against them ; but was it not obvious to all, that the very institution of such suits grew out of their own culpable negli gence. As soon as these Gentlemen succeeded to the trusts which the will of the testator assigned to them e they permitted the eldest son to occupy a considerable portion of the estate, called the Whitbourne Estate, of the annual value of 5001. ; and they also allowed him to receive the rents of other parts of the estate, and to reside there for, the space of ten years, without the payment of a single farthing of rent. During all that period they never attempted to sell that estate, be; actually borrowed money in order to procure a renewal of the lease. They ad mitted too that they allowed 28 different suits, exclusive of the present, to be instituted Against them, the CMS of which amounted to upwards of 4,0001. They had put in long sche dules, though those very schedules had been reported by the Master as insufficient. There was the su m o f 1,5001. unac counted for, even by those very schedules ; and it appeared that there Were several thousand pounds deficient in the rent according to their own statements. They borrowed money for the singular purposes of liquidating debts, which debts carried no interest; and, instead of selli ng th e mans i on -h ouse, they raised mone y in order that th e edifi ce , w hi ch they stated to have been in a very dilapidated condition, should app ear i n Its original splendour. Th is was not the way in which trustees should manage an estate, and be apprehended that the Court would visit upon them the consequences of their negligence. The Lord Csiaerer:eton thought 'that this motion was not tenable in its present form • because, if th e f acts i mpute d to t h e trustees by the Attorney-deneral's statement were admitted, it would be better that they were made matter of a bill and an swer, rather than thus to engraft them upon former proceedings. 111 r. PERES, on the mane side in consequence of the opinion intimated by his Lordship, applied his observations merely to the propriety of appointing a receiver. Mr. HART, for the trustees, made several objections to the font* of the motion, i n the force of which his Lordship con cured. Mr. SHADWELL vindicated the character of the assignees from the imputations made upon it by the Attorney-General. There was not thu least reason for supposing that any tumor the property had been applied to their own use ; and had it not been for the institution of vexations suits, the property would be still capable of defraying the debts and legacies of the tes tator. The LORD CHANCELLOR inquired if the trumes had any objection to suite by affidavit the auras of money in their hands ? Mr.SIIADWELL replied, that these was not the Lmst objec. tion to accede to such an arrangement. It had been statod by the Attorney.:General, that the trustees were desired to dispose of the property with all convenient speed; and they were quite, willing to have done so, provided a reasonable ofia was made for the property. They stated, however, that no such offer had been made; and with respect to The permission granted to 'the elder Mr Chambers to reside upon the estate, it was no very extraordinary privilege. The house was at the time that he took possession of it in a state of dilapidation, and it had been imprwied it 'his' expence. They stated also, , that they could not procure a tenant for the mansion, and it must have remained unoccupied, had they not permitted the SOU of its late owner 'to occupy' The Loan Crratscaton thought that a receiver ought to be appointed, 'and that the trustees should ula/ca an affidavit of the sums of money at present in their hands. VICE-CIL#.Is7CELLOR'S COURT, JAN. 17. GLASSINGTON' V. Tfit'AitES. Mr. Bait called the attention of his' Honour to this case, which had been decided in, ltis absence, lie thought that he could show to the Court that the plaintiff was entitled to an order much more extended than had beau granted. The VICE-tIiANCELLOU requested the Learned Counsel to mention the case again on Monday, OLAI)WIN V. BON NOR. ---- • On a former seal, an niunut on h►d been obtained by Mr. Heald to restrain proceedings in an action of .ejectinent.— Mr. BELL now moved to dissolve that injunction. The short facts of the case were these:--A Uentlenian of the name of I3onnor became possessed of an estate in Northumber land, left in his father's will tinder the condi t i on t h at h e should not go to America. Mr. Bonner married an American lady took possession of the estate, and' burd ene d i t w i t h a number of very heavy annuities. He afterwards got into ciildes, and ishot at an officer. To avoid the cons l '2ri t u n e e nce tri B it o e f this act he was compelled to go to America I n tle an the annuitants got possession of the estate in Northumberland. The sisters of Mr. Bormor, ladies residing in NOrthumberland conceiving that be had thus forfeited his title to the estate, brought an action of ejectmentitgairist the annuitant s . I t W as to restmin proceeding In this action, that the injunction had been obtained. firat.n,.on theArt,of t the annuitants, argued in sup. port of the injunction—first, that the will only contenipiated dm residence of Mr. Bonnor , with his family in America ; and second, that It was an act of collusion between the parties, to deprive the annuitant' of their rights. The VICZ-CHANCZLLOR, after having fully beard the case, directed the injunction to be continued, in order that if the parties chose, an action might be raised to try the question of eollusidn. COURT OF KING'S BENCH, JAN. 17. HARRY AND ANOTHER v. PRATT. This was an action upon a policy of insurance on the ship William and Mary, at and from Monte Video and Valaparaiso to Europe, on ship and freight. The loss was averred to be by perils of,the sea. . Mr. SCARLETT stated, that in the Roads of Valparaiso the ship experienced a tremendous gale of wind, but it did not ap pear at that time that it had caused any injury to the Fhip. It was, however, discovered in the progress of the voyage that . the gale of wind was the incipient cause of the mischief which afterwards ensued. Having proceeded some distance on the voyage, she sprang a leak, which obliged the Captain to return to the harbour of Okimboe ; it was then found the vessel had broken her keelson. There being no docks in that harbour, it was found impossible to repair the ship. The cargo, which consisted principally of copper, was transferred to another ship, and the wreck sold. Several witnessea were called, who proved that previous to the voyage in question the William and Maly was a strong well-built Pomeranian ship, and calculated from the manner of her Construction to carry a cargo much exceeding her regu lar tonnage. A witness was called to speak to the sea-worthiness of the vessel, who stated, in answer to a question as to his nautical experience, that he had beep , fifty-seren voyages to the W e st Indies, and had crossed the Atlantic one hundred and twenty six times. Mr.IIIAnRYATT, for the defendant, insisted that the acci dent hnd been occasioned by the overloading of the vessel. The deposition of a person who surveyed the vessel a , Okimboe, wax read in confirmation of the - Learned Counsel's statement. Mr. SCARLETT replied. The LOUD Curler JUSTICE told the Jury that the question was, whether, when the ship sailed from Monte Video for Val paraiso and Okimboe to bring the cargo for Europe, she was capable of performing the voyage ? Ile observed that copper was a lading tending very much to try the strength of the vessel. The Jury found a verdict for the plaintiff-4001 COURT OF COMMON PLEAS, J. 17. WALLIS V. WILLIAMS. This was an action to recover damages from the defendant for having maliciously arrested and held the plaintiff to bail. Mr. Serjeant Lrxs stated the case to the jury, which was in effect that the plaintiff, who was an engraver and printer, had been induceal to accept three several bills of exchange for the accommodation of the defendant, who was a farmer. The de. fbndant bail given the plaintiff a guarantee to provide for the bills . when they became due in regular course. The bills were drawn in 1818, and when due the defendant paid them. A con. siderable time after this, in 1821, the defendant arrested the plaintiff for the amount of the bills, and detained him in prison fbr several weeks; after which he liberated him without taking further proceedings. For this arrest the present action was brought, a demand for compensation having been refused. A number of witnesses were called, who proved the fact of the acceptance of the bills by the plaintiff, which they observed was by agreement between plaintiff and defendant, the former not haying had any value for them. Mr. Sergeant 'WORM? said he was instructed to give a different account of the transaction ; that thiplaintiff and de fendant were duped by the artifices of a person earned Eding. ton, for whom the bills were accepted ; and that the defendant had paid them himself, the plaintiff not beinrin a condition to do so. The Learned Serjeant called several witnesses to prore this view cf the case ; but the Jury considered the attempt a failure, and found a Verdict for the plaintiff—Damages 2601. SECONDARIES' inquiry toaa t ses COURT',3 damagesC 0L E MAN-STREE T., Jan. 17. EARLS V. rowEt AND ANOT HER z inra Th action of assault and false w se its imprisonment. an The ' plaintiff was 'Cornelius Earle, Esq., of his Maj es ty' s Navy; the defendan ts were Powell, t offi sl e . r. , rs late Sheriff of Surrey, and Thomas Whit e , one o f hi s * PLATT operied the case. The plaintiff Mr. Earle, being hi Octob er l ast on a v i s i t at his mother's ' cottage, near Shooter's-hill, was wrongfully arrested by the defend ant Whi te , under the following circumstances :•---A bout eight in the evening s a knock being heard at Mrs. Earle's kitchen-win dow, the plaintiff; with the maid -servant o fe o n r dant White, who said-- You n Mr. r who wanted admittance. On Mr. Earle's ' or 1 'g w a (e t .tlnsr i . , .. ; , a h r e , andsaw i h e s t t h r l e e e street-door; e have a writ against you." The plaintiff seplied— hseorulvsaaeomtwtnhheskettiMethirje:. Bevan. White again said—You are, and you are my prisoner." Mr. Earle then offered to come round to personb w u a t s V tr recognizedwh insistedhitoemh he b hya: o on ei takingnl andlandlady, custody y him ,wasthrough rot ,si ti i r e . window, and did so, notwithstanding the aastuances of the maid servant o me Bevan. The plaintiff was then carried to the Bull public; he was permitted to go at large. Bull stables, where he wes detained a considerable time before accordingly.,heSwuabssoeqveurtenatkleyn, by White as he was an in d aldn libe g rat i ed iis White and carried back to the Sarah. Holbon, the maid servant, proved the dregging throußh the window. Mr. Earle declared that he was rat Mr. Bevan ; witness said the same thing, and remonstrated ; but all was in vain. Cross-examined—. Mr. Bevan was in the house. Oeorge Farthing, a waiter at the,Bull, was present when Mr. Earle first opened the window. When witness first saw Mr. Earle at the window, he said to White, " tha t is Mr. Bevan ;" afterwards, however, before M. Earle was pulled out, he told White that he had been mistaken. he was brought to her house, and immediately told White that 1 ' Ia m no t not dt whose 'answerlh s a u v l t ea p ta " orl7ei: agC;:itc:nizsis3b-eyeoxtTMlinpr:B—ne(M'vlaatnnhde'nlady of the Bull) saw Mr. Earle when he had not get Mr. Bevan. White then said that he had been misinformed, and went away. Mr. Earle was set at liberty immediately. Wm. Batting, ostler at the Bull, proved having seen Mr. Earle at the stables, in White's custody ; but there was no rr9of that this was subsequent to his being liberated at the Itopec.—This was the case for the plaintiff'. The defence was, that the case was neither one of malice nor Indignity, 'White could not reasonably take the word of the maid-servant as to his prisoner's identity, and Farthing evi dently was uncertain. As soon as the landlady at the Buil had seen I , ,fr. Earle, he had been liberated ; and there was no evi dence whatever of any subsequent caption. Mr. Ear o i r e's un o n wn e. cqnduct, too, had been such as to wart-Int suspicion that he acquiesced in the mistake to favour the escape othodifeen:hoeselhrree.rivißraesysar not of:Ts:llasee vio lence. prsntdjtprurt the • question, " At whose suit ?" and Mr. el l i i ve eeevara hadan sh was aodno r l w e ay to 1 0 1 ye choosein evidencethe b tDisc..iat. betweenh edArta had used l uul events ls ntil (Mr. Collingrid e summed up the case, and the Jury found for the plaintiff—Damages ti. OLD BAILEY. CHARGE OF MURDER. I'enterday Timothy White was indicted. for the wilful our. der of Michael Flood, a Chelsea pensioner, by giving him, on the 4th of October, a mortal bruise or contusion with a stump arm, of which bruise or contusion Flood died. W. Murray lived at Old lirentford, on the 6th of October last. fie had a slight knowledge of Flood, but did not recog. nice the features of the prisoner. On that morningq, which was a Sunday, he 'was st a ndin g i n Hi g h -street, BrentfOrd, looking towards London, when he saw some man come up, and strike Flood a blow over the left temple, which made him stagger back. On recovering a little from the blow, Flood was making towards the curb-stone, when a woman taught the prisoner by the collar, and turning him round, said, For Goes sake, will you kill the man ?" or, " Hive you killed the man ?" At this moment deceased took to his'beels, and made a sort of ran for it. When the woman collared the prisoner, he appearel to be about to m a k e u p to , an d str ik e the deceased again. Pri soner (as witness supposed the than to be) was going up to the deceased again, when other persons got round than, and wit ness could only discern both the men scrambling cei the ground together; but witness could not say whether the deceased was knocked down or had been tripped up. Witness saw Flood, several times afterwards. His face, on the 6th, was much co vered with blood, which streamed copiously from the left temple. Flood himself wept fora constable, and continued to go about for a week afterwards, when be was 'taken to the Hospital, where he died. John Morris Banner deposed, that he is a surgeon of St. George's Hospital, to which place deceased was brought on the Pith of October. The witness sviore to his belief that the wound was the occasion of Flood's death ; but he ado believed that had he had proper medical assistance at first, he might have recovered. John Walker, a butcher, resident at Brentfcrd, deposed to the same facts aipthe witness - Murray, but was enabled to iden. tify the prisoner at the bar as the man who. struck old Flood, and who afterwards pursued the latter About 20 Yaras,iind then threw him down. liqiiteisiss islet info'custody in a lodging. house, into which he had fled. Flood carne iruo Witneo's shop on the same day : his head was dreadfully disfigured, butaez day he' wan walking about: Next morning, before a Magi strate, it was proposed to send White to prison, unless.heem* find bail, wh ic h he was unable to do ; and Fl ood said," Tien I will make it up with you." So me thi ng was t h en s aid as a what prisoner should give the deceased, and prisoner observe( that he had but 3s. in the world. Thee Magistrate said tilt would not do, as Flood's expenses a lready amounted to more money. It was then agreed that the affair should be bj the payment of 10s., which sum White's wife went out to et NVitness left them, aid afterwards saw White at liberty. Be. ' fore the same Magistrate Flood deposed that he never quar. relied with White, except on account of the latter's saying that Flood never . paid for his share of drink. Both of them were Chelsea pensioners. Anne Woodward, the woman who collared White, after de ecribing the encounter, said, she heard no words pass between the two men before the prisoner struck the deceased. Deceased struck again, and at the second blow he cried out, " This wan is going to kill me." , %I'm. Watson, a constable, apprehended the pristefer, hit; saw nothing of the affray. This witness spoke to what fame before the Magistrate. The commitment was made our" bit the Magistrate, upon intercession being made , and White% wife returni ng w i t h t h e l Os. ordered him to be disehatieu_n• The tees of Court were paid, and ss. were given to the de who was at a public-house smoking his pipe. ....,, , i i Thos. Brook es , a Ch a l sea-pensioner, was present a t a paw „ . .• ~ the affray, and spoke to the particulars. The prisoner, in his defence, said he was in liqufg Iket hi, fret the deceased, who asked him to go and have somer43 drink. He refused, and deceased said, "he might go to .: The prison er th en sa id " h e should not go, because Flood ed him," and seine words ensued. He admitted that be.'.. ' have struck the man ; but he was sorry for it—havill 11 9 !'. to injure, and still l ess any w i s h to k il l, the deceas • , Inc LORD CH I E F BARON, ill summing up the ena= calls d upon the J ury to consider whether the prisoner bad a ! the deceased under the influence of malice prepense' 0147 thought. If so, they must find him guilty of the nturdet‘ lit:, on the other hand, they believed that this misfortune *We. denly out of some silly quarrel about paying for dr in k, r I m nil us i t ee fi p n r d ep h e im nse g: id il t ty ho o u f g : l i i a t l m an ig sl h a t u b g e h e te x r t ' em s o au nly y : sli bu s t h:, his t at_mi, fas,:, .., ship held, that if the deceased died of a wound int] ' 1 and though it might appear that it had become more th an_ and exasperated by ill treatment, or that the deceased lwr - have recovered by timely medical aid and care, yet tits ...- e t , so inflicting the woun d wou ld not be thereby exPllll, be in law guilty of the murder. 'I he! Juty found a verdict of Manslaughter. r CASE OF DUNCAN 3rcuLLum, s • In the case of Duncan 31'Cullum, an East India btelA 'fort& who stands charged with forging an East India walnut . delivery of seven bales of cotton, which had been Old lit, .th l r. India-house, an d whose trial was put off last Session 0 113etIP ‘ ,L davit that Mr. Sterling, a principal witness, and the wife Of VIR ' prosecutor, was in France,— ~._. . .„,,,5, Mr. W A L FORD , on the part of the East India txu'rili made a fresh application to the Court. He said, that to e . & case they had a ll t h e ot h er witnesses except Mr. S ter lini ts i . sent, and. they should go before th e G ra nd Jury, with V.. probability of success, m his absence. The CHIEF B A R ON .—B ut i s t hi s matter to Allow .l •9ver 4 ever ? * Mr. Waeronp.— diii.s o That is for your Lordship to .4, , , Mr. Sterlin g i s i n F rance. L ast term we applied tceitol Sterling's recogniz ances estreated. This was postPOT 0. , the object of th e p resent application Is merely to s h o w Pal tro, East India Comp any h ave done every thing in its Poiret 7eitt. pedite the businese. SO The CurEr B ARON . —A y , your o bj ect i s to a vai l -. into the Court of Exchequer. Mr. WALFORD.—Exactly SO; and to have the mot 0 4 : 1 : of the other witnesses respited till Mr. Sterling Atli corning. ~ ... z . ' The COURT.—Let it be v. .....,1 isiDW'r Mr. M'Cullum afterwards appeared at the bar, we._ o li, ted, through his Counsel, that he had, and could bi n' 8 0. had sworn in his affidavit, no sort of controul ove rAok . ling, the witness against him. Mr. Stirling was still_l;l_ 1471,S and his return being still uncertain, the prisoner P" , `” i e ot discharged. Mr. ADOLPH US bare testimony to the perfect caniturnati liberal ity;a ith which the Bast India Coinpi.ny had act . e±„, -- 140 - out the whole of their proceedings against the prter a irehiP: opposiCon was offered by Mr. Bollan.t, should their taill _ think that there was no sufficient security for Mr. 0,,,. return by any specific time ; and their Lordships, uPn i k . , suiting together, were of opinion that 31r.11I'Cutlutny"r1.:.,: titled to be discharged. He was discharged aceordiTr.: , - , i r "' r COAL - MARKET. JAM. 17. NO - 413 40 11 ,s t i , Sh 2 oipiss N au e ti w lSdt ca earr s lk t a l en e td. . - : Shipsoi Sold . .... 4 04 tp_rialt„ ..r. - - - COURSE OF EXCHANGE, January 17. t Arusteidam Ditto, at Sight l4 9 Rotterdam l3 6 Antwerp Hanihurgh 37 0 IV ii VVP* Altona Paris,3 Day's sig tit 25 65 V •64 Ditto Bo 95 85 0 itit w deaux, ditto All Frankfort on the N 1 ,tin el el . • • r a i t i rse e 15, ' Madrid • II clod Cadiz 37 3 a ti t, vi Biibua 6 37 Barcelona ieville 354 Gibraltar Leghur i Galva 43 --Venice, hat. Lip. lit 5 0 Malta 45 ---Naplea 34 op Palermo Lisbon , Oporto 52* , Rio•lttutiro Dahlia* .... 9i Cork 91 pet Cnt t r Portugal Gold, in C0in...... l, 0 0 6 P Foreign Gold, i n B ars s New Doubloons •••• 0 0 C `, New Doltarg 0 4 9 1 0 4 1 1 Sliver I n B ars , Standard BULLION. BIRTHS. f ' 1 44* In Dorset-street, cn the IGth instant, the Lodi ° Lake, Bart. of a daughter. Pit At Castlereagh, Ireland, on t h e 9 t h i ns tant, theboeS. A. , Lieutenant Ellis, R. W. Fusilecrs, of a daughter, t i w i palr On the 2d ins a nt, at Edinb urg h, the Lady of John Esq. 6th Dragoon Guards, of a dauAhter. ~.of MARRIED. Es O g n o t f he N l e fi w th tod ins g ta eh a er t k A h l a s tri ry s l tea eb d on , e to C E h liza urch ce r dosi i .nnixe t George Bridges, Esq. of Gloucester-place, Porttnan_,ll:ol At Cheltenham, on the 13th instant, John Robe rt, canw of Thomas Bugden, of Nuffield, to Wawa* youngest daughter of Mrs. Moore, of Twickenham. ofT 4 Yesterday, at Hampstead,' Thomas Beckwith. P4: 3 lise ford-place, to Elizabeth Sophia, second daughter Q , John Spottiswootle, Esq. of Spottiswoodu. Painted and Published for the Paora.trrogs, s t No. U 2, StrLnd, by J. 11. CAotkisi. DIED. 0 1'4; On the 10th inst. at h er h ouse in llathwiek-str agL re — cto; d ; vanced age of 89 year s , M rs . Henrietta Fordilaf'o4errt'' late Dr. James F or d yce , aut h or ' o f t h e celebraten Eß Young Women, titc.” Distingashed in het early n ot)" d did Wane, genius, and brillbuicy oi intellect; wid li t; ol l / 1; simplicity of mind seldom equalled, she secured ka A w fo asa affection of Dr. 'Fordyce, and during thirty yesrt _ 4 l3 ` . 40 the pattern of all he wished her sex to be. She w''',acr, 4 ,l soul of benevolence ; the poor bleated her, Ai d e k V* distress found her an ttnfaig refuge ; yet, never " .2 1 , e 4 41 her Left hind to know what her right hand Inid ar very few, can be deplored iith such a -depth of sOrte n l, such sincerity of regret ; and the =l7 consdatioti e to' her rektives, friends, and dependents i ts that 1b2.,„,." A O' world whose beatitudes only can reward her vit',7, 4 — ", On the9th instant, Joseph Savill, Esq . of , Lodge, Essex, !aged 46. s op,. On the 10th Instant, in the 54th year or her a g e ' of Mr. Francis Field, of Addle.street, Aldetrnatibo r Y . Yesterday, Mrs. Orace Yallowley, aged 78. 010 ° On Thursday last, Mary Sophia the infant ds William Borradaile, jun. Esq. of Baiharn Se t , e cl(la rr On 'Wednesday last, at Spencer Farm, All ea ',,. c r,ll Usti, Frances Julia, infant daughter of ItohertX - `Ol On the 10th instant, at the Rectory House, et Al" we , Essex, the Rev. W. "b a b y , formerly Fellow of Lin co l n Colillege.D.. hector of that P ..f,"