The Sun. — London, England, 1823-12-25 00:00:00

ME LONDON JOURNALS. DAILY Extracts from the Morning Papers, Di.. %5. tNEW Totcs.l There was only a single arrival of interest yes terday, which was from Buenos Ayres, with an account of an engagement having taken place be tween the Independent troops' in Peru, under Bolivar, and the Royalist forces under General' Canterac. This event is very shortly alluded to in the letters, which are to the 30th September, and no details are given ; although the situation of the two armies ut the date of the former ac counts leaves little doubt of their having met. It is believed that Camerae. has not been taken, but Valdez, the second in command of the Royalist troops.—No Express from France was received in the City yesterday, and from the near ap proach of the holidays little business was trans :acted in the Funds.—Consols closed at 864, and Spanish Bonds at the price they have been the whole day, 264-.—lt is understood that neither the British nor Foreign Stock Exchanges will be open for public business until Monday next. [TUE TIMES.] In proportion us public respect and confidence, the only solid foundations of a Government what ever may beqts form, crumble away beneath the feet of Ferdinand and his servile Ministers, they and their foreign auxiliaries are driven to the fruitless labour of catching at straws, and at tempting to realize the most absurd and despe rate chitneras. It is perfectly evident from the tone of the Ultra-Royalist Newspapers, French and Spanish, that the re-conquest of America has now become the forlorn hope of the cause of Legitimacy in Spain. Without the reve nues of the precious Colonies, those of the Spanish Church must ere long be appropriated — in other words, cottliscated—to the famine which devours the State in all its departments, and every man in his senses knows that the dollars of Mex. ico are for ever gone. Not so the Bourbon Ca binets. Facts and arguments to them are, on that subject, equally unavailing. The Dolls of Tuesday last distinctly assures us, that the men of war San Pablo, San Was, and three corvettes, are arming in the port of Cadiz—that the expe dition is destined for the Pacific,—and that with this maritime succour, the " Viceroyalty" of Peru will soon find itself in a condition to de. stroy the revolutionary army of Chile, as well as the forces front Terra Firma (Colombia), which now desolate that beautiful region. In what, then, consists the Peruvian Viceroyalty ? In Canterac and his army ? In one word, then, they are destroyed. The someday has brought us both text and comment—the Efoile, and the correspon dence from La Plata. By the former, the Viceroy is to receive helpfrom Spain; by the latter the Viceroy has been placed beyond the reach of succour. The troops 01 Colombia have attacked and demolish ed his army, the last feeble prop of Spanish ligi timacy. Bolivar was fast approaching, the great scene of ertion, and the force which was to serve uuder this virtuous and illustrious Commander was nearly P 2,000 men ; almost as many more were eneaged in OM] pying other points of Peru, so that the interests of the " Viceroyalty" are likely to require something more than the aid of twoarmed ships and three sloops of war from Cadiz. In one word, the die is cast, the game is ended — Sun expedition sent against the United States by Spain might be more speedily crushed, but not more certaily than any that she, or France in masquerade, can launch against the South Ame rican Republics. Were it otherwise, it would be of little moment. If the New States of Ame rica be weak, which they arc not, England is strong enough to su pport them. Should Eug land abandon this noble and imperious duty, North America may perform it for her, and punish her by enjoying the consequent advantages unrivelled. The;lioly Alliance may issue its mani festoes, it may placard free nations, it may send e regiment of Pozzos to intrigue and corrupt, and undermine and menace, to make virtue a name, and servility a religion, wherever sordid, shallow, or pusillanimous minds are to be found enisconductiog the great Interests of a supine and indifferent society; but against America it is a warfare altogether unseasonable and feeble. The mass of the American population, high and low, lay and clerical, are full of the spirit of revolu tion ; they have been relieved and raised by the changes ;it !itimates and cheers them—it opens for them the road to riches and self-respect. Force would be ridiculous against such a com munity ; corruption would have few materials on which to operate ; and intrigue, as in Mexico, would lead its vicious agents to a dungeon. [BILITISU PREM . ! The Moniteur of Monday has nothing in its columns, official or otherwise, of any moment. Some of the other papers allude markedly to the embarkation of Iturbide, the Ex-Emperor of Mexico, for this country. Their remarks are grounded OD a paragraph of the Austrian Observer, stating titbit letters from Leghorn mention that Iturbide, two of his children, and a Deputy of the, Cortes, Torrente, had embarked on the 30th of November, in an English ship, for this coon. try. Iturbide's wife, and the rest of his family, it adds, remained at Leghorn, The sudden de porture of the Ex-Emperor, the Austrian Paper states, had caused great surprise at Leghorn. — The pension of 2.5,000 piastres granted Iturbide was given, it adds, on the express condition of his remaining in Italy. Had the Austrian Court arty designs ou the Mexican, which he appre. beaded, and which induced him to quit Italy ? The Courier Francais has a paragraph on the s idiject, as if the departure of Iturbide was con nerted with any political views of Great Britain ratspectiag Mexico. The unexpected voyage of the P.,x-Emperor of Mexico, at a moment (the Paris Paper states) w hen constant and active negotiation! are going on in all the Cabinets of gurope, on the subject of South America, and es pecially of Mexico, gives room for much considera.. tint) to thlatesmou, and attracts the att4mtion of the Continental Cabinets. This is indeed the ridiculous in hlitue, the monies parturiunt all over. What Influence has the abdicated despot Itur bide i or what possible effect can his presence have in this country ? At his leaving Mexico, which was all the Congress wanted, he was, we believe, free to choose his residence in any coun try of Europe. Ile named Italy in the first instance, but the Mexican Congress could have no object in chaining him to that country exclusively. Itur bide probably relishes no despotism but his own, and does not like that of Italy. He is coining to this Country, in all likelihood, to ,elect it as his future residence, and leaves his family at Leghorn only until he is domiciled here. But every move ment, however trivial, is now full of danger and suspicion to the Continental Despots, they fear every breeze that passes by them. Di I3orgo, the Russian Ambassador, was daily expected in Paris ; he was to have quitted Madrid on the 14th. Great ellorts, it is stated, were making to restore the execrable tribunal of the Inquisition in Spain. A multitude of clergy of all ranks, with the Ex-G rand Inquisitor, the Bishop of Ta ragona, at their head, had waited on Ferdinand, in a body, to press the re-establishment of this tribunal ; but the dissembling tyrant is said to have replied, that the remonstrances of the Fo reign Powers, and even of the Pope himself, corn. pulled him to refuse their request. Thus, if this statement be true, Spain, for the present, at least, will be saved the additional horrors of this infer nal tribunal. [MORNING POST.] French Papers to the 23d inst. reached us last night by express. The Ordinance for dissolving the Chamber, and that appointing , the Presidents the Electoral Colleges, were not expected till to day. They have been so long announced and so often postponed, that although much time has been lost,and the Session must be late,even if they should be issued at present, few people in Paris believe that they will yet appear, and their insertion in the Moniteur• will ►alone remove public scepticism. A letter from Madrid,dated so late as the 12th inst. complains that small armed corps of Constitutional ists scoured the environs of Xeres de la Fontera, and did much injury to the Royalists. Twenty prisoners having been taken by the latter were immediately shot, and " such was their blind ness," says the letter, " that they all died cry ing ' Long live the Constitution I"' According to the same source of intelligence a great number of Prelates of all ranks, headed by the Ex- Grand Inquisitor, went in a body to the King, and supplicated him to yield to the gene ral will of the nation, which demanded that the Inquisition should be restored. To this the subtle Ferdinand is said to have replied " that he was forced by Foreign Powers, and even by the Pope himself, to deny their request." The Duke of San Fernando has been banished to a distant fortress for having refused Embassy. The expedition from Cadiz to Lima had not sailed, and was not to sail the Knit instant. It consisted of two ships of the line and three frigates, and will probably serve to increase the navel Nee of the Peruvians, if it be not informed on its way of the events which have established the independence of Peru. The Journal des Danis pontnins an article► from Semlin, dated Dec. let, which announces that on of the greatest persecutors of the Greeks, Abol labat, Paella of Salouica, who had canoed five thousand Christian families to be massacred in cold blood last year in the neighbourhood of that city, had been put to death by order of the Sul tan, who longed for the immense wealth which he had accumulated. Aware of his master's designs, he had long frustrated them by remain ing within the walls of Salonica, surrounded by a numerous and faithful guard. He was not proof, however, against the temptations of ambition, and fell into the snare with which the Porte sometimes entraps the most cautious. Ile was appointed Seraskier of the army assembled at Larissa, in addition to his title of Pitch of Ito melia. After some misgivings he ventured out of his strong► hold, but was not two days' journey from its walls, when the Capidgi Baschi appear ed with the fatal order. The guards inclined themselves before the hand writing of the Grand Signor, and the Pacha was quietly strangled. The article justly observes, 44 that the revolution in the East has caused the heads of all the per secutors of the unfortunate Greeks to fall one after the other, and that it reveals the hand of Divine Justice." [MORNING HERALD.] The King of Spain and his Allies must bestir themselves, or else the re-conquest of the Colo. nies will have to commence do novo, and the ex pedition, if one be sent, will be in strictness an invasion. If the accounts from Buenos Ayres be correct, the mother country will not long have a foot of territory, or a single soldier, even in Peru. It was recently announced through the United States' Papers that Bolivar was about to proceed to the seat of war in Peru, for the purpose of sealing the war of independence. A blow has been struck, even without his arrival, from which the Spaniards will find it dif ficult to rally. According to one account General Canterac, the Commander...in-Chief was taken prisoner, and Valdes, the second in command, killed,—The main fact of the defeat of the Royalists and their retreat is, at all events in appearance, beyond doubt, though neither of these officers should have met the fate assigned to them. We have understood, however, that if General Canterac had not been defeated, the loss of Peru to Spain would be ,equally .certain. This General Is described as a Constitutionalist, and it is believed that he would not employ his arms in the service of the restored despotism. Intelligence of the fall of the Constitutional system had not yet reached him, when this engagement is de scribed to have taken place. Even the tempo rary cessation of the war would be an object to the great union called the Colombian Republic, as It would afford time to consolidate the inde pendence and institutions of the Government.,— It is ,difficult to withhold from Bolivar the . credit ,of capacity and moderation, after the career which he has been now for several years running.. The closing of the war, in Peru, or the reduction of the contest to,aninsignificance which would admit of his acting in concert with the Legislative Assemblies of the State for the formation of a permanent and solid system, would be of the greatest moment to the new Empire. Even supposing that France and Russia, in the name of the King of Spain, should resolve, or even have already resolved, to send out expedi tions, it must be long before such a project can be executed. This interval, besides the moral force of a sense of total emancipation from the metropolitan sovereignty, would be usefully em ployed, in strengthening the frame of Govern ment. The facility of the conquest of Spain would be a delusive analogy in the case of an in vasion, by Ferdinand and the joint Allies, of territories so distant—a population so large and widely spread—the invaders contending, more over, with a destructive climate, and want of sub sistence, at such a distance from their own re sources. Nostrums; auto/smut.] The Journal des Debuts has a curious article on France, England, and Russia, in the shape of a criticism on a work of M. Charles pupils. To some of M. Dupin's sentiments we can not subscribe. If good institutions would pro mote the prosperity of France, England is of course interested in their permanency, be.' cause nations are interested in the prosperity of each other. If England, that is to say, the Government of England, have hitherto been op posed to Institutions calculated to promote the prosperity of other nations, this does not prove that England is interested in the debasement of other nations, but only that her Statesmen were not acquainted with her own true interests.— M. Dupin's account of the military colonization system of Russia is curious ; an excellent work on Russia, in which a valuable light is thrown on that subject, is on the eve of pub lication in London. But the most impor tant part of this article is the liberality of the concluding paragraph, in which the balance of power, for which we have paid so much at different times, is deservedly ridiculed, and the prosperity and intelligence of nations are consi dered their only security. Sentiments like these, for which our Country Gentlemen in Parliament may not be prepared for some time, are certainly somewhat startling in a French Ministeral Paper. We are almost tempted to believe that the war to re store Ferdinand and the Inquisition was a mere philanthropic ruse to destroy the influence of both, and to take the task of Spanish regeneration out of the hands of those whq certainly were not over brisk in going about it. We expect to see the French Commander in Madrid in correspondence with the British and Foreign School Society, and Ferdinand establishing schools for the Manolos, and ploughing matches and sheep-shearings ou the Royal Domains. Nothing, however, can be more true than the position that a na tion's chief security is in the prosperity and intelligence of the people. We sincerely hope the French Government is thoroughly persuaded of this truth. If the melancholy state of Spain, the fruits of a brutalising despotism supported by the Inquisition, have impressed the Duke of An gotsleme with the importance of knowledge and civilization, the iniquitous measure of the Inva sion of Spain will not have been alone productive of unmixed evil. Be that as it may, we hail these signs of liberality in a quarter in which we so little expected them. We have never failed to bestow approbation on the conduct of our own Ministers when we deemed it deserving of approbration, and we shall be equally ready to do justice to a Bourbon Government when we see measures corresponding to the liberal lan guage o f its Journals. We can even forgive these Journals their want of respect for the dicta of Mr. Justice Park on prejudicing and prejudging. CIIAS. SACKVILLE, EARL OF DORSET Of CHARLES SACKYILLE, Earl of DonsET, the most accomplished gentleman in the voluptuous Court of CHARLES the SEcoNn, we have the fol lowing representation in the Memoirs of the Kit. Cat Club " Although Lord Dorset is rather, as Pope has remarked, a holiday writer, a gentleman who diverted himself now and then with poetry, than a real poet, he was undoubtedly possessed of talents of no ordinary description ; and as a patron of poets and a lively wit, his name will always be associated with those of the eminent men with whom he mixed, and by whom he has been so frequently panegyrized. Prior, Dryden, Congreve, Addison, and a host of the minor poets of his time, have written ve- Itetnently in his praise. The eulogium of the former has been justly admired, as a master piece in this style of composition. He says of the Earl, " the brightness of his parts, the so lidity of his judgment, and the candour and gene rosity of his temper, distinguished him in an age of great politeness, and at a Court abounding with men of the finest sense and learning. The snost eminent masters, in their severe! callings, appealed to his determination. Waller thought it an honour to consult him on the softness and harmony of his verse ; and Dr. Sprat on the delicacy and turn of his prose. Dryden deter mines by him, under the character of Eugenius, as to the laws of dramatic poetry ; Butler owed it to him that the Court tasted his ' Iludibras ;' Wycherly, diet the town liked his ' Plain Dealer ;' and the late Duke of Bucking ham deferred to publish his ' Rehearsal' till he• was sure, as he expressed it, ' that my Lord Dorset,would not rehearse upon him again.'* If we wanted foreign testimony, La Fontaine and St. Evremond have acknowledged that he was a perfect master of the beauty and fineness of their language, and of all they call' les belles lettres.' Nor was this nicety of -judgment con. fined only to hooks and literature ; he was the same in statuary, painting, and other parts of art. Bernini would have taken his opinion upon the beauty and attitude of a figure ; and King Charles did not agree with Lely, that my Lady Cleveland's picture was finished, till it had th e approbation of my Lord Dorset.' Swift, in that spirit of falsehood and malignity in which he is alone consistent, tells us, " that Dorset had mall learn' or none, and that he was a dull companion !! !" tie num in his usua l way, "h e i s t h e most universal ytt. vulaut I. ever knew," LAW INT ELLIGENCE. COURT OF KINGt BENCH, DEc. 24. WEST V. STOREY. This action mut brought to recover compensation for the in. jury done to two boats of the plaintiff and their cargo, by the negligent conduct of the servant of the defendant in navigating a collier, his property. It appeared in evidence, that on the night of the 15th Feb. two boats of the plaintiff, laden with potatoes, were moored to a buoy, in Galleon's Reach, in the river Thames, near Barking ; no one was left in charge of them ; but a man named Charles Rogers, who was working in a barge about a quarter of a mile distant, was directed to keep an eye on the vessels. In the morning, according to the testimony of this man and three others, a collier, bearing down the river, was seen to strike against the boats, and afterwards was itself driven on shore.— Three of these witnesses went on board the vessel lying on the shore, and then found her to be the Swift, of Newcastle, be. longing to the plainti ff. They d eman d e d the Captain's name, winch he refused to give, asserting that he had done no wrong. On examining the boats, the side of one was found to be stove in ; and the cargo was greatly deteriorated in value. In the part of the defendant, two grounds of defence were relied on by Mr. SCARLETT—first, that the accident arose from the misconduct of the plaintiff himself, who ought not to have moored his boats in the middle of the river, without leaving some one to direct them ; second, that the damage was not oc casioned by the defendant's collier; but either by stress of weather during the night, or by the contact by some other vessel. To sustain this case, the Master of the Swift, the mate, and two of the apprentices were called, who represented that a great deal of rain had fallen during the night, that there was a heavy surf, and that the boats were nearly full of water ; and who all swore positively that the Swift passed the boats ten feet off, and, o f course, never touched them. They ad mitted, however, that the collier was carrying her anchor a cockbill, contrary to the laws of the river. • The LOUD CHIEF JUSTICE, with reference to the first ground of defence, observed that the plaintiff had certainly acted improvidently in leaving his boats in the middle of the river, without any one to protect them ; and if in the middle of the night a vessel had come on them, without warning, the owners of such vessel would have been answerable for no damage which they might occasion. But if in broad day. light, the defendant's servants drove his vessel against these boats, when they might have avoid e d th em , h e would be liable, notwithstanding the negligence of the plaintiff: If, therefore, the Jury thought that the Swift struck the boats, they would find a verdict for the plaintiff; if they thought otherwise, for the defendant. The Jury almost immediately found a verdict for the plain tiff, damages 19/. WILKINSON V. LAHR AND HANN. This was an action against the defendants, for negligence in their character as attormes for plaintiff; and the declaration, in addition to the special counts, contained a count for mousy had and received to the plaintiff's use. It appeared that Mr. Wilkinson authorized Messrs. Lamb and Mann to see a person, named Raine, on a bill of exchange for 1,6551. payable sixty ays after sight. An affidavit of debt was sworn in the King's Bench, and Mr. Rainc arrested • but a rule was afterwards obtained to show cause why he should not be discharged out of custody, on filing common bail, which was eventually made absolute, on the ground that the affidavit was defective. The error was, that though the deponent stated that the defendant was indebted to the plaintiff on the bill, he did not proceed to allege that the bill was due; which has been holden a fatal objection in the King's Bench, though treated as immaterial in the Common Pleas. The action was afterwards discontinued, but it appeared that before it could have been brought to trial, Mr. Maine became a bankrupt. The LORD CHIEF-JUSTICE intimated an opinion, that the action could not be supported, as it did not appear that the plaintiff had sustained any damage. Had the action proceeded to trial, he would only have increased his costs, and could never recover his debt. _ _ _ Mr. SCARLETT, for the plaintiff, then confined his claim to the count for money had and received, under which he contend. ed that he was entitled to recover the sum of 21. lils. Gd., ac tually paid to the defendants for this very business, which had, by their negligence, bean rendered useless. 111 r. MannYAT, for the defendants, contended that they were not liable to refund this sum, because they had been guilty of no negligence whatever. If they had erred, they erred with the whole Common Pleas ; but, in truth, the error was not theirs, for the omission arose, in consequence of Mr. Grant, who was sent by Mr, Wilkinson to make the affidavit, object ing to swear that the bill was due, because, being payable after sight, ho could not tell when it became to run. The Learned Counsel adduced proof in support of this defence as he had stated it. Mr. SCATIUTT, in reply, contended that the defendants' clerks, who it now appeared knew the_proper form, ought to have allowed Mr. Grant to make the affidavit, but should have applied to Mr. Wilkinson for farther instructions; especially as a man who could not swear that the bill was due could not swear that the defendant was indebted. The LOAD Czar JUSTICE left the case to the Jury on this question—whether it was gross negligence for an attorney to allow a man to swear an affidavit in the incorrect form, on his objecting to swear it in any other? The Jury found a verdict for the plaintiff—Damages, 21. 16s. 6d. 'ROBINSON V. TATTERSALL. Mr. F. POI.LOCIL stated that this action was brought for money had and received by the defendant to the plaintiff's use, to which the general issue was pleaded. Mr. SCARLET'V stated the case on behalf of the plaintiff; a gentleman of fortune, who sought to recover back a sum of be tween 701. and 801., which he had paid to Meisrs. Tattersall, the' well-known horse-dealers, as the price of a horse. The horse in question was sold on a warranty of soundness, and proved nnsound; but the plaintiff sought to recover the money which he had paid, not only o n th e failure of a warranty, but on the ground of fraud. Some time before the sale, an advertisement appeared in one of the newspapers, announcing that on a cer tam day, four horses, " the property of a nobleman," and " in excellent condition, and fit for immediate use, " would be sold at Messrs. Tattersall's, by auc ti on . The advertisement then proceeded—" Lot 1, Lofty, a bay gelding"—the horse of which Mr. Robinson was so unfortunate as to becom e the p u r c h aser .— " Lot 2, Highfiyer ; these horses have bees accustomed to go together in curricles, and have been much admired for their brilliant action." Mr. Robinson, wishing to purchase a pair of horses to drive in a carriage, was attracted by this descrip tion, and determined t o a t ten d the sale. On inquiry at the stables, he was referred to the coachman of Prince Esterhazy, who represented the horses as the property of his master, and confirmed the descripti on given in the newspaper. Mr. Ro binson attended the sale, acid bade for the first horse Lofty, which was • knocked down to him for 71 guineas. Highflyer was next put up ; but here he found to his suprise, bid dings advance upon him, and .anxious to possess this horse, without which the other was of little use to him, he actually bade 175 guineas, but soon discovered the horse would not be sold at all, for it was bought in for 200 guineas, He would never have bought Lofty, had he not expected to have a fair opportunity of purchasing. Highfiyer ; and found to his sur prise, that there was no intention of selling the pair, and that the advertisement of Highfiyer was a mere trick to facilitate the sale of Lofty. This horse had been described as " in excel lent condition, and fit for immediate use ;" and he might be as fit for use at this time as at any other, just as a lawyer with out a voice might be puffed otFas in as good condition as ever lie was in his life.—(A laugh.)—Mr. Robinson, then, had been induced to part with his money under false expectations, and had a right to recover it back in form of action. John Bligh, servant of Mr. Robinson, said in consequence of directions from his master, he went to. Tattersall's on Tues.. day, the 12th of August. There he saw Prince Esterhazy's coachman, and inquired for th e h orses w hi c h were to b e sold as the horses of a nobleman. Ile saw four or five, among which were two likely to suit his master, which were adverused as being used to run together in harness. They were very well matched ; he asked their age, and if they were, sound. The coachman said they were sound ; one was six years old ; the other nine. Nothing more passed then, but he returned and informed his master. On the ftillowing . day the sale took place. Mr. Robinson attended it, accompanied by Mr. Hart, and arrived more than two hours before it began. The Times newspaper, of Aug. 23, 1823, was then put in, and an advertisement read, describing the two horses, Lofty and Highflyer, as " the property of a nobleman," acc u stome d to be driven together in curricles, remarkable for their brilliant action, and fit for immediate use. The witness, proceeded to state that " Lofty, lot 1," was knocked down to Mr. Robinso n f or 71 gu i neas. Lot 2 was put up, and he bade as high as 175 guineas; it was knocked down at 200. The witness fetched away Lofty on the next day, and found him lame in his foot as soon as he came on the stones.— He took the animal first to the veterinary college., and again to Tattersall's, and tendered him back. He never saw lot 2 afterwards. - There were no stones on. the ground where the horse was exhibited to the public. - Mr. Robinson was then in want of a pair of carriage -horses. Oh cross-examination, the witness said, on the Monday be fore the sale, Prince Esterhazy' s coachman said. to Mr. Robin son, that the horses could not be warranted. This .horse had been visibly fired. Mr. Tattersall did not warrant him. Mr. Montague Hut said, he accompanied Mr. Robinson to Tattersall's on the morning of the sale. The horses were shown by a stout person, since s t ate d to b e Prince Esterhazy's coachman ; Mr. Robinton observed, that the horse had been fired ; the 'Coachman replied, " It was very true, and he had been fired before he came into the Prince's service ; that lie had never been lame while in that service; that he had never lost an hour's work, and the Prince was one of those who did not spare his horses." The witness did not see the other holler or wait for the sale. Joseph Hetherington, clerk to the defendants, proved the handwriting of Mr. Edmond Tattersall to a receipt forlat for the price of a bay gelding and keep. Lot 2 was bought in fct, the owner. It was not entered in the books a s warranted sou k ' ~ The horses were sent to T a tt ersa ll' s f or sa l e , a nd they accoak ,tea to Prince Esterhazy for the money. They were indeninthea in this action by the Prince. The witness knew nothing about the price at which Lot 2 was to be bought in for the owner, Mr. Gu R V XY submitted that there wasno case to go to the:lMP There was not only no warranty, but warranty was expresslYel: eluded. On the other part of the case, the alleged repressaw tion respecting the horses, the defendants were not bound by the statements of Prince Esterhasy's coachman, supposing to be false, of which there was not a tittle of evidence. Au even if the action could be supported at all, its form was mia" conceived ; for as the contract had never been repudiated, as the horse had not been taken back, a special action should IS M been brought, and not an action for money had and received to the plaintiff's use. SCARLETT and Mr. P. POLLOCK admitted that there was no warranty, but contended that the plaintiff was end?ed to recover on the ground of misrepresentation, and that the lb of action was right. If the defendants allowed the coachinaute,, to come to their p re mi ses an d ex hibi t th e horses, theLwe r l t b sponsible for the correctness of all his assertions. SuPlw" , N r ., sale of thi s h orse t o b e e ff ecte d b y deceit—and it was deg.! Robinson wo u ld no t h ave b oug h t one horse,'without a resseit able expectation of purchasing the other—then the contnietr . fraudulent, and the money having been paid without conside r ' wher e and r . i s o . t ation, might be recovered back. Messrs. Tattersall hail paid over the money before the demand was made, and tnew tore, as stakeholders, they were bound to repay it. , toy - This witness, Hetherington, being recalled with "e" this last point, said, it was the practice of Messrs. Tatteres_., to keep mone y in their hands for three days after a sale; au" then, if no objection was made, to pay it over. tos pllt The LORD CHIEF,JUSTICE held that Messrs. Tat „ A fe .e r T e e n: hazy or his servants, and for the advertisement, P s i ,iligt o e es h po ad ns b i e bl en e f m or ai al le : tthheousgthatethmeeyn.ts made by ce k,;1 1 .. 7 0, authorized its insertion. The question for the Jury would _7l whether the sale of the horse Lofty was e ff ected by trick deceit. fendnn ts, lf w t i h m ey sti t l b l o r u e g ta h i t n i e t d w i a t s in , th th e e n ir the plaintiff would beg titled to recover the money which he had paid the Mr. GunsrEY then addressed the Jury for the ` 4 , -- which Ile observed, that one part of the case, the walvla x j, and had been relied on in the opening, had altogeur e r w iest have that those who instructed Counsel to advsnee_m" even of unsoundnessthe veterinary surgeon known it was without foundation. There was r" - a a not been called, and the lameneas might have arisen from som e 'on ,or accident; and there was even less ground for the a l,, l sintla fraud. By making Messrs. Tattersalls defendants, the r, were prevented all explanation of the terms on which the P w.- I,oftY to be sold, and which he was assured were bona fide that 2101. should not go under 70 guineas, nor Highflyer on aer er ict. Under these circumstances, lie con fi dently expected their!, d The LORD CHIEF JUSTICE directed the Jury, "„r, / e e ti, thought that the representations of Prince Esterhazi,s,c",: t b e man were untrue, or that there was no intention of selling horse for which 17.5 guineas were offered---if, in short, tLa thought the sale was a transaction of trick or deceit, to for the plaintiff: if they thought the sale bona fide, to find """ the defendant. The Jury immediately found a verdict for the plaintiff . ' Damages, 741. Ils. nie sudden, PALACE COURT, DEC. 24. WELSH V. lINZAGUEII. Mr. EIILE stated that the plaintiff in this case was an ern ii nent surgeon, and brought his action against the defenderA,, a foreign merchant, to recover the small sum of two guinesg, his attendance in curing the defendant's daughter of a dive' s ' tion of the elbow. Mr. Henry Lloyd, assistant to Mr. Welsh, stated, here' membered the infant being brought to their bowie, having me t art accident, and dislocated the elbow. The child w_ . „ o nine months old and it was a case that required great med i c' skill ; and Mr. Welsh being ibm home, the servant waited his return, and immediately set it right, and bandage(' giving a lotion at the same time. The defendant called 111 , in i t self in the evening, thanked the plaintiff for Ids attention, did his card, and requested him to call next day; but WHIIeSS not know whether lie did or not. house ed driving Joseph Hinge, then a servant to Mr. Vi r ella'l v the his master two or three times to the defendant's Hackney-road. It was a most respectable house. ifr hail been Sir "ti , tn. Blizard being sworn, stated, the plaint.- the t College a pupil of his, and that fie was a Member of the hiss - - in the hospital. He has heard the evidence, and unquee mt ; of Surgeons. lie has no doubt of his skill, from ttendsr thinks the charge moderate. No apothecary would attewr" - operation, as it required the skilful hand of a surgeon. A gy The defence set up was, that the child's arm les s i „,; 43 - 6.. sprained, and not dislocated, and that the char 048 ing with the infant in the parlour, derate ;to support which— s he was walk- Elizabeth Spiers, the nurse of the child, stated! picking up something, it hurt its arm, and screamed; she told • front tress, who desired her to go to Dr. Cockle, but he being home, she carried it to Mr. Welsh : he looked at the as tt arm, and put it in place, and told her not to be alarmed, was only sprained, and there was no danger• the defendant; Mr. E. Cockle, surgeon, attends the family of ht there saw the arm of the infant next day aceidentallY ; thong .1) WAS no dislocation—(here he entered into an explanation otinir:ii • fessional appearances after dislocation) —and in hie ° P there was no dislocation in that instance. • —.ibis Sir Win. Blizard being again called, said, it was iniyon..A for any one to say, after 24 hours, whether a dislocation l'"'" taken place or not, if it had been properly treated. o aths wiled on its The Learned JuDGF. then summed up the eidence , t jit Jury without the slightest hesitation gave a verdict far plaintiff.—Damages 2/. 2s. ---- A WIDOW BURNT.-011 th — 4th er M ir ; Ramkoomar Sen, a native doctor of con tider4b celebrity, died at &Tampere. On the cveuing bis the same day, his widow was burnt O to h corpse at Bullublipore Ghent, adjcilling o o Serampore, with the usual barbarities. He about 45 years of age, and she abou t 1 1 :;# lie had no son, but an only daughter, re married. Her last wish to see her child 0864 fused ; perhaps it was feared that her ou'ien"iir feelings would have destroyed her fata l rei- ths Lion, and thus have deprived the Mode°, enjoyment of witnessing 11'2r being burnt 82 . : :pewi7.,,,,.inisiyadne%;ll4kfirti.litic.7ll Margaret Jone, of the above plac at ! : am ies.Ci b l e uj r ru l n u lg' i ear iwfrL‘ or i tea t in ei tl ;'d is3 3l l l/ : 1'// 1 1° r bi tl. ii i i i g: • : t ' Wa 1 w o r e t a h :r . n :a eno . li::: mr _ i:anaiA:nntyineh l Nyrfisa e pp l eBBdi i e t stia h :r i i n a s -a ta c n re t, , a t t o Lln i i a b a ett Canhaneicli,h,ollirie'cl,fora.lo ' year, th J o o 3 h ot n h county. nallt - v'cr rap O i l d i decl ah i l n rd e at E lknn arlA b g . Friday hm:fsor*Atnhlieanjglesilotaynsits,EjthaleBttirlcen9dstlllsofiet::inelPltipi. n Clierl66: l:ii : year,' In. Stennett, of Paternaster.row, CheA111:1014,, „aymlarasyt, Ann, wife rifflaairniraTtihonnrnason sh il; po te, • s llini' R. N. r " lise-roft On the 20th instant, Mrs. Mathew, 0; x Ara ( AO ton, widow of the late Mr. Wm. Mathew. ~ Clef el olp On" Sunday, the 21st inatant, at his residcnc io the ace Mile-end, Captain John Goldfinch, 1 ,314 r , Ott London, Jamaka trader. S , h Alm 3fArl Ao n .o On Sunday, the 21st instant; at Norwic- , ' 'p co , sNA „.. 4 , e, ..,,, On Sunday . last, at 'Weymouth, after a his ii,jetti the wife ot Captai n Newcombe, C. 13:, of ' 0 , e aer 7 Pyramus. , f arol lY On the 22d instant, Peter Giles, Esil.s o• 0111; in his 69th year. 111?::NDEovs.cl" Of Ai 1 ),.:s.dilusies°' ni l 141r i ' $ 1 ''''. On Saturday last, Laura, wife of Mr. k,. ir „ li ,00 0 0 of White Friars, Chester. 'The death, o ,f 11 1. 0 ,, i 104,%15 011 awfully sudden : she had just returnee' Irorti,„, Os ii• convening with a person in her own house, Wfeit,, dropped down on the floor and expired how' d ud Utast' ai d t• to he Published for the PROrgistossitis Orricx, 112, Strani, by J. 13 G 4141- COAL-MARKET, DEC. 24. r i io o , li s illsips at Market. Ships sold 85i Newcastle - - 12 - 391 , ° 1 ,at 0 Oa 64 13 Sunderlan BIRTHS. Rec tor,/ n, On Wednesday, the 24th instant, at the Bec t° , ' Crooked-lane, Mrs. William Norton, of a soll• ,of 0 '' On iirednesday, at Hampstead, Mrs. Simeo l ' s , the