The Sun. — London, England, 1823-12-20 00:00:00

PARIS PAPERS. (From the Moni(eur r f Wednesday, Der. 17.) The official part contains nothing but a notice, that the Foreign Amhassador's had paid their re spects to his Majesty and the Royal .Family on the 16th. iNON•ONFIGI .r.A air.] VIENINIA, DEC. 4.---We have read here with much surprise several very false statements' re specting the circular notes which our Court and that of Russia have addressed to their Ministers at Foreign Courts, and which they have commu nicated to the Governments to which they are accredited. The contents of these notes, one of which is signed by Prince Metternich, and the other by Count Nesselrode, are entirely the same. We know from good•authority that they state in substance that the interview of the two Emperors at Czernowitz took place in conse quence of arrangements made between. the two Sovereigns while they were at Inspruck, in the Tyrol, after the close of the Coogress ot Verona, and on their return from •Veoice , that the sole object of this interview at Czernowitz .was to -oolvferson the affairs of Turkey, as had been set -1%15.1)111a. ; that, hovever, on this occa. sion, the Emperors declare that they are wholly satisfied with the result of the political system .which they have adopted, and by which they have maintained and consolidated the repose of. Europe, endeavouring to destro y the spiri t of Aestlessness and rebellion ; lastly, that the two Emperors mill always remain faithful to those principles which they have openly manifested. Prince .Metternich continues his diplomatie. • conferences with the Foreign Ministers, and. -daily receives at his house souse of the Members •of the Diplomatic Body, who are at Vienna.--- The health of this distingnishetl and highly respected Statesman is entirely re-established, but his Physicians insist on his ant quitting his apartments, as taking cold at this season might have dangerous consequences. We can state positively., that M. de Tiqual - meat, our Ambassador at Naples, is appointed to go in the same quality to • Madrid, and will be succeeded at Naples by B aron Wessenberg, for , merly-our Ambassador at Munich. ! , Count Val it:n(lot and Prince Philip of ease.llombrurg have returned to Naples. The former will take the chief command in Sicily, and the latter will command the army of occupation during tire oh eence of Baron Frimont, who is expectedliere. P 0 TUGAI L. I..otsitote.,:',DFC. I.—MS Catholic 'majesty hi , ing ordered our- august ',Monarch to be complimented on hie having happily resumed his , legitimate rights, the King our Sovereign, fist/ail - le 211th of 'November for this solemn public audience; on whichalay, between . nne and two'o'elock, his Ex cellency the Duke of Villa Hermon, ,Ambaia:alor from his Catholic Majesty to this Court, went to the 'Royal Palace tit Bemposta, conducted by the Count of Castro Maritne he one of the royal coaches, accompanied by ..four others containing . the Secretary and other persons attached •to the Legation, •preetalett by the carriages of the Grandees of the'kingdurni' hi which were their Gentlemen. Ills Excellency's carriage , was attend ed by a detachment of cavalry. • The Ambassador arriving at . the royal palace where the Court 'was assembled, was presented welds 31ajcsty, and declared the • 'object of his present embassy in the following terms 1— " Stitt-10s :Catholic Majesty, my•august Master, on re turning to the capital of his dominions,-after the chains of his unhappy - captivity were broken by the 'efforts of the French alnico, and the co.opermion •of the loyal Spiniek people, - ' Cought he ought to offer to' your Most EaithfUl -.Majesty S , public testimony of the interest he feels on the glorious re. ,•• establishment of your Majesty favour rights and prerogativeve . " My Sovereign, bound by the •most: sacred tits to the au. gust House of. Dragenza; seeing your -Majesty surrounded - a:aith the love, the respect, and sutmnssion of yourpeople, j'iying the legitimate authority, -which Portupese loyalty Ice owned for you, his heart takes pleasure in showing to your Majesty, by this solemn Embassy, his- satisfaction in tongs-. tielating your Maje Sty on having again ascended your Sove •roign Throne; as he boasts •of beim?, of all the Monarchs of tin: earth, the one who feels the greatest interest in the prospe rity' and happiness of your august Person oat Family. " This letter, which his Cathelic Majesty commis:omm me- to deliver into your Royal bolas, will certify to your Nlajeety what I have said ; it Is a great pleasure to me that the hang, my Master, by honouring me with this extraordinary inisskm, procures me the happineas:a •bein w fur the second time, the faithful interpreter so your Most Faithful .Majesty, of the son , timents which animate my Court, and of the friendship, union, 1:,?,d perfect harmony, which, for their mutual prosperuy, must • necessarily prevail between the two Peninsular Powers.' To this speech his Majeaty replied int follows •• '' 1 have heard„-with the most lively and gratefulsensibility, the expression of the sentiments of affection'of his Catholic sla. .4esty for my person and family. I rejoice with the King, any • hrother.in.law, DMA son-in-law, on the hite events, with, by gentiotts efforts, and with the divine blessing, delivered the' two States of the Peninsula front a nudignairt influence, and r:-established in them order and legitimacy. • " 1 receive with eleaatere• the letter , whicheyou deliver to me, and in which I can only dud ;assurances o: friendship and of the most perfect harthony, from which must result the prolpe., rity and happiness of the two nations c It is agreeable to me that your Grace has been selected by 3 our august Master for this.solemir mission, your person and noble character being already well •known to toe. ' The audience `being concluded, his,E.N.cellency. the taro retorted to his residence with thalamic ceremony, weitist : great concourse of spectators. • • 41101014, DEC. 3.—The theette.containseclaW'Ort the coin-, iiprat, revoking the law on that subject pissed ' by the Cortes on the tith of 31arch, Its?:!, and the Decree at' the' Wilt of June the same year, declaratory of that lac.. . This new law fixes the value of the mark of gold of 22 carats, made into coin, at 120 mil rtes. No gold shall be coined except • pieces of two and four • drachma. All gold and silver in bars or In foreign coin, -.may be imported as merchandise, free of duty. NEW SPECIES OF FItAUI).-4 short time ago, a young woman, in her 'holiday suit, called on a gentleman 'who had taken the management of a subscription for a latnlable purpose, and stated that her mistress (whom she named) had sent her for the Suburiptlon paper that stile 'might: put down her name for five guineas. Three or four days passed over, and no rc.delivery of the paper took place ; the gentleman, therefore , endeavoured to discover the Lady, but no such person was to be found. _lle then rolled on several of the t4ubseribers, rod learned that soin...‘ of them had been drawn upon to the amount of the sums tat ached to their names in the subscription list. The offende r 1,:t1 hitherto ,es detection.--(l.linburgli Courant, ) ORIGIN OF PLUCKING IN TIM UNIN t is still t 1)( practice, as it has been for ages past, for the Proctors to walk before the Masters of Arts, or others who are assembled in Convoca tion, for the purpose of collecting their votes. — When a - person was presented for his Degree, and any one had an objection to his passing, he plucked the sleeve of the Proctor as he passed, 'upon which his Degree was suspended, and which is the Case even now.. LITERARY NOTICE. 31E11OIRES de 'Madame in iIIARQUIS I 3 as ItOU- CHAMPS, Vol. 12mo. This simple and affecting narrative we can safely recommend to the `perusal of our readers. Though avowedly composed by the Lady, whose hardships and dangers.,-whilst accompanying ber husband, and the royalist army, they have been edited, however, by Mde. de - Geniis, with whose numerous and pleasing productions everrone is well acquainted . Few works of a similar na ture will be read with greater pleasure and in terest than that which we are now noticieq. The Vendean war forms one of the most re maritable features in the annuls of the .French Revolution ; and yet, prior to the publication of the Memoirs of Madame de Larochejaquelein, even its principal incidents were but little known. The heroical deeds, however, of a Bouchamps, a d'Elbee, a Charette, and a Larochejaquelein, are well worthy of the admiration of posterity. What, indeed, can antiquity produce equal to the address of the gallant Larochejaquelein to the pea sants who chose him for their Chief :--u My friends, if C advance, follow me; if I fly, kill me ; if I die, avenge use !" This war affords, moreover, a memorable example of the fearless valour which religion and loyalty combined, awaken in the human breast. In its principle, in its tactics, in short, in almost every one of its features, it totally ditfered from every former war, and as such it is well deserving the at tention both of the philosopher and of the statesman. The murder of Louis XVI., and a decree of the national Convention for levying 300,000 men, aroused the indiguation 'of the Ventleans, but more especially of that part of the /endees, Le Bruage. The insurrection soon became general; the nobles of the province were requested to ac. cept the command ; and the enthusiasm of reli ligion and of loyalty, supplying the place of regu lar weapons, and of discipline, a brave but rude peasantry. put to flight, not only the well ap pointed National Guards, but also the well dis ciplined troops of the.repuldic. Under the com mand of Bouchump, d'Elb6e, Charette, Laroche jaquelein, and Stoillet, a gamekeeper, of Cattle line an, a simple peasant, but acknowledged as chief even by the nobles, the Vendeans; though occasionally• worsted, yet proved upon the whole imminently successful. The rashness of inexper' owe, and still more n deplorable want of unani mity ,in ont; the Chiefs, eventually led to their rain. Elated by a signal victory obtained at Eon tenay, they ventured to attack Nantes, and the vitise they there experienced, soon after fo ,owed by - a more fatal disaster at Chollet, and subsequently - at Le Mani,Troved decisive of the contest. .:The most popular leaders fell either in battle or by military executions ; and the , w hide provioce being at length reduced, the con ventional vengeance, directed by the sanguinary Carrier, ravaged it with Are and sword, and red dened the waters of the Loire, with the blood of thousands of victims. Aide. tie lionchamps lost her 'nbusband at the fatal battle of. Cholla; and great indeed were: the hardships this young and delicate female had . to encounter. -But in.this war, women appeared no less heroical titan men. After the defeat al 'Le Mans, she endeavoorerl,,but in vain, to escape the revolutionary' blood hounds. She was arrest— ed,, tried and condemned,' but most unexpectedly' obtained her pardon, through the.gratefal efforts of smne,repnblicans, .forming part_of a body ,of 6,000" men, saved from 'death by the humanity of her husband. This terminates thee history of the most. interesting and eventful period of her life : for-the more circumstantial details of which we recommend to. our readers the perusal of her own simple rant pleasing narrative. THE ARM Y. The Ist division of the-20d Fusileers, on botratthe William Harris, sailed from Cove for Oibraltar, on Tuesday; and on Thursday, the second division, on board the Fanny transport,. for the same destination. Two Companies of the 50th (Rutlandshire) Regiment of In, fantry, are now on their march from Chester to Brighton. Two companies of the .414th (or Cumberland) Regiment of Foot, have marched from Woolwich to Windsor. The Ilead., quarters and ••the remainder of the saute corps continue at. Woolwich. Thursday morning a detachment of fhe 40th Regiment of Foot lett Harwich for Chatham, from whence they are about to embark New South Wales. They .have ,been reliev,l here by a detachment tr: the 7th Royal Fusileers. In order that no undue importance may be attached to the circumstance of the notice lately Vent to the Half-pay Sur geons and Asaistant.surgPona of the Army, we deem it neces sary to state, that it k merely with. a view to the new regiments now raising by beat of drum, to each of which the usual num bei of Surgeons and Assistant-Surgeons will of course be appointed. RECRUITING FOR THE NEW REGIMENTS. Duntisr, Mc. Ill.—The newest feature in the state of the country, is the success with which the Recruiting is going for, ward, and the avidity with which the tThemployedand hungry peamtattiy avail themselves of the small Bounty now offered for liecruits. The Bounty for limited service is 21. 12s. rd; for unlimited, 31. 45... ,Yet, , Kith this small premium the ranks of the new Regiments, the 9 trim anti trAti, are tilling with rapidity. Lim cuicit, 115.-41 ..Recruiting Order has been re. "eeived in this city, to raise men - for two additional Regiments of the Line—the 94th and 95th. Men five feet five inches, under 10 years of age, and Men live feet six, under 30, will be tAken. - From - the superabundant portion of our peasantry now unemployed, the ranks of these two Regiments may be easily filled up. This measure may have more effect in tranquilliz, ing . the country than any yet resorted to . On Thursday last, an order was rneived in Cork garrison, to detach seven ()dicers on the Recruiting Service, iu different parts of the district. Cant.ow, licc.ls.—Nothini; can speak more forcibly the want of employment so much, complained of bythe poorer c l ass es, than:the tact witnessed in this town si nc e last Thurs. day. - tin the morning of that dqy a recruiting party coot- meneed its aperations 'with all the cpomp and circumstanee of war," anti before the close of Friday it had obtained 40 tine able-bodied young omen. • CO uM, DEC. 15,-,Since .:the orders arrived in this garrison to raise men for the aditional Regiments of the Line, - (the 94th and 95th,) the recruiting has been carried on with much spirit anti energy:: anti from the feeling thatprevials, we have little doubt, that it' it was alone confined to to is City, both regiments would be completed in the short space of two months. t turtlxy Captains Craig and De Barralier, Lieutenants 11 Alexander, and Bickerton; paraded through, s.reets, attended by the drums anti fifes of the Royal Veteri, Battalion, and in less than two - hours between 20 and 30 itn, Young hardy fellows were enlisted for the 95th Regiment. ; an immediately handed over to the recruiting Suilrof the district FItANK r 0 Dtc. 9.—A German 'Talmud says, " A French grenadier of BuoN aPanTE'S old tguard has just arrived at Berlin from Kamstchatka, where he has bee* prisoner ever since 11112. ll a says that there are still many of his comrades in Russia, who have not the means to return home. The French Embassy at Berlin has given him what he wanted to return to France.' LAW IN'frMLIGENCE. COURT OF JUNO'S 11ENC11, DEc. 19. GRIM. CON. GOLDING ih BOOTY. _ This was an action brought by the pleintiff, late landlord'of ae Red House Tavern, Thames-street, to recover from the de••• lend/int, who is a linen.draper in Fore -street, Finsbury-square, compensation in damages for an injury sustained by . the plain tiff, in consequence of the defendant's having had criminal con versation with Frances Golding, the wife of the plaintiff: Mr. SCAULEvr, Mr. GoemeiG, and Mr. POLLOCK, con ducted the case for the plaintiff; Mr. Soetetron-Geemitet. and Mr. C. Nitta.' es conducted the case for the defendant: Mr. Scenry!• having stated the faetstif the case, which he hoped he should be able to prove by'evidence, observed that it was unnecessary for him to occupy the time of the Jury in com menting upon the heinousness of an injury of' this kind. Ile was always averse from indulging in common-place expressions in cases of this kind, because he was satisfied, that any thing which ire could say would not enable a Jury of Englishmen, of men of business, and of men.who enjoyed and valued domestic com flirts, to appreciate more 'justly than they were now capable of appreciating, the injury sustained by the plaintiff'. But he must say that in this case, the injury inflicted by the defendant was aggravated, inasmuch as he being the assignee of the laintiff, and, therefore, having unrestrained access to the p laintiff's house, applied the means ehus afforded him by the plaintiff's miefottunes to the basest- of purposes—the seduction of the wife of a man of whom he always profeesed himself the friend. The registry of the marriage between the plaintiff and his wife, at Bury St. ledmond'e in July 1817, having been put in and read, the following witnesses were called. William Golding--I am brother of the plaintiff; and was present at his marriage it: 1817 with Miss Frances Lawrence. Before his marriage he was acquainted with her about three or four years. Ile was a traveller in the spirit line; but after his marriage he lived in Whitechapehroad, and afterwards in Philpot-lane, where he carried on business as a spirit-mer chant and liop-dealer. I yisited the plaintiff and his wife. They have three children, find lived, as fir as I could see, very comfortably. Cross-examined—l - know it Mr. Boutier, who lives at Tps wich ; he married my sister. The defendant and Mrs. Gold ing arc first cousins The defendant's sister lived with him in London. My' business confines me very much at Bury St. Edmonds, and I had not ninny opportunities of seeing the de fendant and his wife in Londou. Re-exemined—The defendant is a linen-draper, residing in Fore-street, Finsbury-square. Mr. Cooke—l am a surgeon and accoucheur, and I attended Mrs. 0. in her accouchements. She was first confined in April 1819, and a second time in -May 11121. frequently visited the plaintiff and his wife : they appeared to live happily together, and 1 thought her much attached to her husband. I remem ber the bankruptcy of the plaintiff; after it the plaintiff went to live at Folkes'-building, Mile-end-road, where I went to see the plaintiff's child in August 1821. Ann Cooke—l know-the plaintiff' and his - wife; I lived with them as servant in Philpot-lane for fifteen months. The de fendant:lnd his -sister used to visit the-family. Mr. and Mrs. Golding always appeared to live heppily together. . Mary Daly-1 know the plaintiff and his wife; I lived as ser. vent with them at Folkem-buildings, Clevelandestreet, Mile-end road, for three weeks in the summer of 11121; I did not sleep in the house ' . a gentleman- whom -I heard say his name wa s : Booty, called and asked' for Mrs. Golding; he was shown into the parlour by the landlitly of the house. Alrs.•o. was then , in her bed-room suckling her child ;• the' house consisted of the kitchen, parlour. and bed-room ; the bed-room was over the par lour. :Airs. Codling went down stairs, called me to take the baby,-and told me to keep it quiet until she should call to me. I took the baby at the parlour door and went inm the garden. The p trlour window 'looked into the garden. The blinds of the parlour window were drawn down. I heard Mrs. Golding and the gentleman go.ttp stairs to the bed-room, and the blind of the bed-room window was then drawn down. I remained in the garden about half an hour, and T was then called by Mr. - G. who was at 'the street-door. The gentleman was at that time going down the steps from the door. I was desired to go up stairs and set the room to rights. The witness here deposed that the bed was much disturbed, anti the loom alto gether in great confusion. Airs. (folding came -up stairs and put the bed to rights and I took the child. On that morning Mr. (folding event about eight o'clock, and the gentleman came about eleven o'clock. I used to be at Mrs. (e's sometimes for one hour in the day, and sometimes four or five hours. Cross-examinee-el have never seen the gentleman -Wince. I heard him say his same was Booty. I never told to any body, exceptito my mother, what I have told to-day, until Mr. (guid ing brought me the subpama. I told my mother what I saw directly after 1 went home. lam turned of 13 years of age. The houses at the back of Folkes-buildinge are not very near the house in which the elaintiff lived ; I die not see whether the . gentleman had a hook or paper in his bane I was recom mended to Mrs. Golding by Mrs. Taylor of .Vile-end-road. Wm. King, porter at the King's Head Inn , at I p swich—l remember having seen Alr. Booty at Ipswich in March last. • Alar,YeSmith—l lived „as servant with Air. end Airs. G. at Ipswich. went to live with them in August MI Air. 0. frequently went to I k ndon, and sometimes was absent for a fort . night. I know the defendant ; he came twice to Mr. Gold ing's while I lived there. I remember Mr. Golding coming from London on a Saturday, and on the following Tuesday (nth March) he set out for London, and said he would return on the Thursday following. About four or five o'clock in tire evening of the 25th March, Mr. Booty came to Mr. tie's house. When he came in Airs. 0. said, ' How do you do, Sir, I saw n os e n the-coach ?" Ile said," Did you, I looked up, but could ot se you : 1 suppose these blinds prevented me." Before Mr. Booty came, my mistress told me that she would go ,out in the evening ; but when the coach passed she said she should not go mit, as she had seen a friend on the coach with whom she might spend an hour or two in the et , • .ing. When Air. Booty came I went out of the house for a short time, and on my return I found my mistress was dressed ready to go out. She told me to make up her bed, as Mr. Booty wns to sleep in it, and she would sleep with me. Mrs. G. a Air. Itourtier (Air. o.'s brother-in-law), and the defendant then went out to tea. My master returned about eight o'clock in the evening. Mrs. G. anti the defendant came home about eleven o'clock. My master was then In the house, and I was ironing in the parlour. My mistress desired me to -leave off ironing,. and prepare for I bed. She desired me not to take the ironing board to the kitchen (where it was generally kept), but to leave it in the passage. I did so; and when I returned to the parlour to take in the night candlestick, I saw AI rs.o. and the defendant sitting opposite each other et the fire, and Mrs. o.'s legs were between the defendant's legs. She desired me to go to bed, and that she would follow me in a few minutes. 1 - again returned to the parlour, for the purpose of bringing in some wood for the fire the next morning. The defendant and Airs. G. were still sitting' in the same position. My bed-room was on the same floor with the parlour. After I got to my own bed-room, I heard a noise, as if a chair was knocked, against a table, and slipped it across the room. Mr. G. then came to me in the passage, and asked me to follow him Into the room ; b ut I refused to do so. About a few minutes before Mrs. O. came out of the room I heard the defendant tell her she had better set her things to rights before she went out. I heard Mrs. G. then go into her bed-room, which opened into the parlour, anti she brought out some clothes into the room . . I then heard some noise like kissing, but .lem not sure. Mrs. G. then asked the de fendant if he had his watch ? The watchman cried half-past 12 before Airs. G. carnet() bed. She got up about fl o'clock next morning, and breakfasted with Mr. Booty in the parlour. After breakfast, when.T was in the bed.room, some one shut the door ' and I leaned, and heard Mrs. O. and the defendant kissing. Mrs. G. then went to Colchester to fetch her daughter, and she told me•that I need not get nay one to.sleep with me, as Booty,weuld sleep in the house; he did sleep there that night, and Mr. (folding went the next clay to London. Crose-exemined—Mr. Bositier called et Mr. f f.'s house a few minutes after Air. Booty's arrival; Mrs. 0. did not send me to tell Mr. Bowler that Air. Booty lied arrived. Air. (folding, when he first came, went, down to the kitchen, and he after wards concealed himself for some time under the bed in die bed-room. After I refused to et!: with him into the parlour, Mr. G. went down stairs and hid himself in the coal-hole. I told Air. O. what was going on in the parlour, and he listened in the passage for about a quarter of' an hour. I believe Mr. Cr. stopped in the kitchen all night. When I got up in the morning I found Air. 0. sitting by the kitchen fire.; he did not appear to be much depressed. Mr.. and Mrs. O. went to Lon don in the course of that week, but Mr. G. never told me that he took Airs. 0. to sleep at Mr. Booty's house in London. After I left Mr. G.'s service, 1 went to five with Mr. Groom ; Mr (folding recommended me to the place. 1 am now sup. ported by my father. I have of nothing from Air. (folding, nor do 1 expect any thing. Whilst I was et Mr. (holding's my trunks were never searched, nor were any silk mhoes or bonnets found in them. Before 1 lived with Mr. Golding I lived with Airs. Kerzy, and she gave are a character when I left her. The clothes I now wear I bought out of my wages. I rode twice in a chaise with Mr. (inkling and the baby. My mistress has the appearance of being 40 years of age, and n not very handsome. In March last my mistress was far gone whir child. I have never said that 1 could not say any thing ag a i nst my mistress on this subject. I have never said to Thomas Raw, nor to any other person, that I would not say any thing against my mis tress If she had not treated me with contempt. Re-examined—When I left Mrs. Kerzy's, I went to Mr. Potter's, and he gave me a character to my next place. M rs . Golding had a character with me. When I went in the chaise with Air. Golding, I had the baby. On one occasion I went to Airs. G.'s mother, and the, ther time I had the child und er my care, and Mr. (folding drove us out fot an airing. I left ayne, Mr. Groom's service of my own accord, and went to live with my mother. I told my master before he concealed himself un der the bed of the noise in the parlour. Iteeross-eacamined.--Afe.a . my mistress went to Colchester, any master opened het drawers; and took out her letters. VIC SoLic i'ron-lIENcn AL addressed the Jury for the tle- Tentlinit. Ile trusted that he should be able to make the Juiylielieve that there wits not a tittle of evidence to support the charge of criminal conversation. His Learned Friend bad divided this drama (as he called it) into three scenes, the first of which was laid at Mile-end-road, the next at Bury St. Edmond's, and the thiid at Ipiwich. With respect to the transaction at Mile-end-road, he put it to the Jury—was it not safer to give credit to the account given by the plaintiff' of his business at Mile-end-road, namely, that he went to see if the report in circulation about the defendant's having concealed his furniture was. true, than to come to a conclusion that the de. Pendant went there for the purpose of having criminal inter course with the plaintiff's wife, and of which there was not a single tittle of direct evidence? Indeed he thought the account of the servant girl as to the state in which the furniture of • the room was, supported rather than rebutted Mr. B. 's state ment .at the meeting. If this statement were not correct, what, he would ask, could induce the defendant to make it ? Where was the necessity for making it ? If he had any criminal intention in going to the plaintiff's lodgings, where was the occa sion for his telling that he had been there to examine the furni ture? He now came to Ipswich; and taking all which the plaintiff's servant had sworn to be true, still he did not think there was evidence of a criminal intercourse having taken place there. Was it to be supposed that .the 'plaintiff's brother-in-law, Boutier, invited the defendant and Mrs. Golding to his house to afford them an opportunity of consummating their guilt ? Great stress was laid upon the fact of Mr. (.'s having, when she returned from Boutier's house with the defendant, ordered the servant out of the room. Was there any thing extraordi nary in a mistress's having, at half-past eleven o'clock at night, ordered a servant to leave off work, particularly when that servant was, while she continued at work, occupying the only sitting-room in the house ? The defendant said to the plain tiff's wife in the parlour, according to Smith's evidence, " Set your things to rights." What did that expression mean ? It was in evidence that Mrs. G. set off next morning for Colches ter; and that upon the defendant saying these words she went into the bed-room, and brought out some of her clothes. Was it not clear from all this that the meaning of these words wai— " as you are going to Colchester in the morning, you had better pack up your clothes to-night?" Smith had sworn that Mrs. Golding asked the defendant if he had his watch. She might have done so, probably for the purpose of asking at that lite hour of the night what o'clock it was.. The Learned Counsel proceeded to argue at considerable length, that upon the plain tifra own evidence he was not entitled to a verdict, dr if he was, that. the smallest damages would be sufficient. His boansinv summed up, and the Jury having con. salted together for a few minutes, the Foreman asked his Lord ship what damages would carry costs ? The Loup Cm tur ...in ST ICE—In these cases it is better that you should give whatever you think the plaintiff entitled to, and leave the other part of the case to the law. 1 The Jury having again consulted together, found. a verdict or the plaintiff—Damages.2ol. COURT OF COMMON PLEAS, DEC. 19. DEN'NIWOII v. ROTHSCHILD. This wax an action to recover from the defendant the sum of 1,2351. Is. 9:1. detained by him from the plaintiff. Mr. Serjeant PELT. suited the case to the Jury. The de-• fendant in. the cause was no other, than Mr. N. slayer Roths child, a name that.carried with it opulence to such an extent, as to make the individual regarded almost as a royal merchant. It was a name never to be forgotten in the annals of the wealth and respectability of the country. This action was brought to recover a sum of money which the plaintiff alleged the defend ant had received in .a transaction arising out of the Neapolitan Loan, and which the defendant now refused to return, though it would he : proved to belong to the plaintiff: It appeared that in the year .1822 the house of Rothschild negociated a loan for the Neapolitan Government, and it was well known that when a loan was once mentioned, the name of Rothschild immediately suggested itself. The sum in question, amount ing to 1,2351. Is. 9,1., was paid in as a subscription to that loan,: and six scrip receipts were given as an acknowledgment , the payer-in undertaking . to make good his engagements,. and Mr. othsehild biniling 'himself, on his part, to fulfil his contract. Ile (Mr. Serjeant Pelliwould not trouble the Jury with culling many witnesses, believing that the cause, from the nature of it, could not occupy much time. Indeed, his own opinion was, that it must ultimately be decided in that high Court out of which the present record came. The following document was then read : Neapolitan 5 per Cent. Receipt, with Interest from let Idly, • 1822, Received one hundred ar ia thirty-seven pounds, four shillinks, and eight-pence, being 10 pt.r Cent. on ducats rafo, Neapoli tan Rentcs, on payment of the balance on or before the Ist of February, 1023, .with 4 per Cent. interest thereon. The bearer will be.entitled to certificates to that amount of stock, with in terest coupons from Ist July, 11122. Next followed the items, and the amount in question, rept. laxly signed. Mr. Serjeant PELL, in continuation, said the money had, been deposited in two distinct payments. T he next point in the cause was an advertisement which Mr. Rothschild had in serted in a morning newspaper on the 14th January, 1823. By that he allowed to the subscribers an extension of time for paying in their instalments, on condition of their making one payment on the Ist of February, another in March, and a third in April, the whole period to close finally in July. y.the plain. tiff, as a holder of scrip receipts, on seeing the aderlitieement, took them to Mr. Rothschild and lett them in his office, with a note, stating, that he wished to avail him self of his offer,and begged he would have the certificates prepared to that efThet. These receipts when left were regularly marked. On the 11th of March, Mr. Hennings received from Mr. Rothschild's soli citor a letter, which he, Mr. Serjeant Pell, would put in as binding on Mr. Rothschild, inasmuch as the writer was the defendant's attorney on the record. He would now state this fact, as he understood there would be an objection to receiving it, inasmuch as Mr. Green, the attorney it; question, was not in Court to identify the signature. Mr. Serjeant VAUGHAN submitted that the letter could not be received, as his client's cause was not to be prejudiced by an unauthenticated document. Mr. Serjeant PELL said his Learned Brother had never heard from him that he could not verify the letter. The cur tain was drawn up too soon, and the prompter, Mr. Wilde, had rung his bell too suddenly, so that the principal actor, Mr. Serjeant Vaughan ' came upon the stage long before his time. (A. laugh.)—For his own part he should be ashamed to resort to any evidence which could prejudice the cause of the defendant, unless it was in every respect strong enough to bear him out. But were difficulties now to be thrown in the way of Mr. Hen nings, merely because the defendant's attorney did not choose to appear in Court? Mr. Justice litruttouGlT decided that the letter might at least be read in this stage of the cause. It was as follows: March 11, 1823. SIR—I am desired by Mr. N. M. Rothschild to express to you his surprise, that you have not made the further payments on the Neapolitan Scrip engagements, specified in your letter of the 21st of January last, after having there stated that you would avail yourself of the terms of his offer. With every de sire to avoid the adoption of measures which might be unplea sant to you, he cannot suffer a matter of this consequence to remain unsettled, and my instructions arc to commence pro ceedinga against you thrthWith, if these payments benot imme. diately made. W. H. ORZEN. On the l4th of May the plaintiff tendered to 51r. Rothschild the whole amount he had engaged for, but that gentleman re fused to accept it, and would not give any thing whateverin re. turn. Accordingly the plaintiff called upon him, either to ful fil his engagements, or return the money he had in his hands, but he would do neither, and, theretirre, the present action was brought. This was the short statement of facts on the part of the plaintiff. and the Learned Judge would expound to the Jury any question of law that might arise in the course of the trial. George Wm. Rohrs examined —I am clerk to Mr. Hen nings, and have been in that situation for about ten years. The witness here identified the six scrip receipts the form of which was as follows :—. On scrip receipt, No. 433. 600 ducats - . £137 4 8 434 600 ducats - . 137 4 8 650-1000 ducats - 274 9 3 651-1000 ducats - - !74 9 3 972 500 ducats . 137 4 8 With interest from 14th Oct. 1822. lle tken identified the advertisement, dated 14th Jan. 1823. The letter addressed by the plaintiff to 31r. Rothschild tender ing the scrip receipts was written in consequence of the adver tisement. I went with the certificate for the purpose of seeing the certificate marked. It was duly marked, one part by the clerk, and the other by Mr. Rothschild. I know of a letter dated • 11th March, addressed to Mr. kennings. I do not know the hand-writing of my own knowledge, not having seen Mr. Green write. William Henry Green, the solicitor to Mr. Rothschild, was then called three times upon a subpoena, but did not appear. John Rigby, the clerk of Messrs. Green and Ashurst, WAS then called, but could not identify the writing of Mr. Green, stating that he had never seen him write; and had only been two months in the office. The witness had seen similir wriz ing to that of the letter in question in the office, but could not say who the writer was. Cross-examined—Mr. Green has been ill for the Last tltre,s months, and not able to attend the office in consequence. I gave notice to the plaintitT'a attorney, that he was Mond unable - to attend as a witness. I asked Mr. Dance, the solicitor, win there he would ogre; to postpone the cause, to consider the offer of Mr. Asburst at an end. lie said he had not considered the offer since. Mr. Dance, the sen of the plaintiff's solicitor, identified a letter which he had taken to Mr. Green, and stated, that he had come to subprena Men on she cause. Mr. Serjeant PELL then desired the witness t o state WhOt had passed between him and Mr. Green on the occasion. Mr. SeljealltiTAUGUAg objected to the question , but tue Court decided that it might be put. The witness then said that 31 r. Green had told him that 31r. Ashurst could prove his hand-writing. Ile put his thumb en the signature at the same time. The body of the letter was not - in he same writing the signature. Witnees asked him if he t would admit the let as ter, and he said he had not attended to this cause. Mr. Serjeant PELL then submitted that he was now entitled to put in the letter as evidence- • Mr. Serjeant \rammer contended that it could n ot be re ceived as evidence. Mr. Justice B unuoti Git—l think it may go to the Jury . Mr. Serjeant Vatroisaer again submitted that unauthectis cater! as it was, it ought not to go to the Jury. Mr. Justice BURROUGII—i think it may b e read, the effect of it as evidence k another thing. Of:Mr. Serjeant VAUGHAx entreated his Lordship to conside r the serious consequenceof allowing such documents to be read. It was only presumed that the writer cf the letter was the litters ney in the cause, and there was no evidenc e to show he bad written the letter. Mr. Justice iltranotrost —That is another question. , The witness then said that the conversation betwesn him an' i Green took . place last Saturday. Mr. Serjeant BOSANQUET, who was with Mr. Serjeant VAUGHAN, submitted that even the admission of the sir,'" lure ptoethrivnleeilorstyr itue o e the stln n lyawieiecoa.r w ere ht i s eit‘ i Nal, a allft r t iarhci ooat.tuti of is Mr. Green, cause. There was no evidence to show that Mr. Green lest admitted his signature . if had been a party in the cause might make a material'difference, and the Jury might, perhal l, Mr. WILDE followed to the same effect, contending tiles; a o n f 3 A A l rtt.ttooSnr Attorney another eet c srl sure, l e a p d s e e , r w b s be l o l u n i s e tt h r c ao o n u s s h g l . e d o err w y p e r e l v) t v )i t e ed) h re i n i t : t i . ci s t e h r t i e t.i, ;a. evidence' ht e ' .. did not appear that Mr. Green admitted his signature, f° c n o r r a d i thatn ? tai l n l e i d ere wa t s h the hitter I s i t va s e ilo e: we c c e oor, v ed..ti t,: e r ye y ao i n n nt r t t l i i El e : ca rre. use could not be received as evidence; ill; tow could ( e i b ar e g i t: l n u i r e e n a t b o s f u h rd is ti l :a e n ari s l u et c l h r a r:Cd i3O„, :n on i o ll. ' ndini n n i n i . 1 AFGHAN' pro that the the Attorney could not be received ass'evidence, but - t 11' by hum and his Learned Friends. who were with hills to d" cause, was not shaken in any respect. The assertion the Dot was on his side a pliant show of authority,_ but a `he 01l display of force, might be retorted on his learned lilt the other side, for they displayed no force at all. Mr. Juatice flu into IT G il —The only Mr. Green admitted his signature to the letter. Wi wther s e letter is"to be received in evidence or not, • lam of opinion the question ofthe • is an ao to 11. signature may e. Jury. The witness 'Rigby stated that Messrs. Green and Ml, 1 ; 11 ', were the attornies to Mr. Rothschild when he first cattle into question now is, wil eth h et their employment. The letter, as given above, was then read. • 1 ,, The witness Rohrs was again called, and stated that on h it 14th .May Mr. Hennings tendered to Mr. Rothscnild I n ', amount of his certificates in Bank-notes. The whole Ot t , lie tendered was 11,375,0001., including principal and fide' . 3lr. Henning. said to Mr. Rothschild " I came toter lerls°ll the amount of my certificate." Mr. Rothschild gut ill ) I r o g his seat, flew into a violent passion, and said, " I have no t vo to do with you, Sir ; I don't know you ; you are too ii,tri l i i i, must go to my lawyer." Mr. Ilenninge then %aid, „ o d e Mr. Rothschild, your lawyer wrote me a letter." 3 1 r;L' hee l schild would not say another word, but beckoned with! 1 . 6 . . , t , OrPIRICTIt et for Mr. Hennings to leave the room. On the 3tl Of .iincw',. ness went with a letter from Mr. Hennings to Mr. Rot i n s 1. 71 The letter, which was in the following terms, WAS LIIC s Stn-1 beg leave to say, I again offer to Po' lno. due en the with interest, up to the present time, c° 6131 " g u on having Nom. 3 R , oFthowackheisi'ds,-bEu.:qld.ing, Tower-street, 3d J une, Scrip receipts of 4,500 ducats Neapolitan Itentcs, ..pbeionAvs the stock certificates, with the interest couP °l ' ref „,: - Os thereto delivered. to me. And if you continue to the dosit, said certificates I require on immediate retor yaw , , : On the into money received by you upon the Scrip rece.P.l, t h D e cone rest thereon; and if you decline to do either, w•l'c ' N oe deration (especially as my claim stands on tlitYcrenl g o w ill front those or other holders of Nerpolitan Scrip) , 1 ZOO not be the case, I shall be under the necessity of 0 11- an.action against yon to recover the same. I am, respectfully, Sir. Your most obedient gervuoz,vps, I igNANA ,- `• ntrd the leech 'Rothschild said to the saltness, when he VI el Voln Y (4 ' " Who are, you ? I don't know you —I w iling tall at ago', must go to my lawyer about it_l know it." • . ipo Scrip rest Cross-examined.—Mr. Hennings bought the . _ s e s from Mr. Lowe, who was hie debtor. 3lr. flennininspl_7,,,,„,,, one of the original holders. Mr. "Jennings is a 41 ',„! o psrs i derable property, but men of pr rty are not always r, v iol ope tared with mons> rso with money. Mr. Henning* was 1) 1 ' ' he e er ie bek be the Ist February, but le made no payment. Itill MAY' tin to fall on the Ist February, and continued to fall got i ~.,. French entered Madrid in May, and then the Scr , i . l) gl ' l les? . Hearings took the securities at 7/ 1 . TheY h ad L ' ee e n S pee rising When 'Mr. Henning' made the'first tender „lie Itotliss° Did not know that Mr. }Jennings had veld 31r. with th ee, d e the Exchange, that he would have nothing to . • psi he had already lost money by them. eo ficonig i Re-ex —On the 23 November, 111..., advanced 1,6001. on the credit of the securities. s ,,k. . n the balltal: Mr. Green's letter was then put in. . 1 for ti' a Mr. Serjeant VAUGUAX addressed the er e opo es br fendant. Mr. Rothschild was designated , i soo n ', s olo the cause, as a Royal Merchant, but he woul .able O, suntan a Royal Merchant, if he was to be made e oe 01,0 mends as those now made upon him. 3ir. Ro l t l ,7 ese ecoe, a 'isi now in England, but wherever lie was, his h e gn e ' sts a tbs: o o could not for a moment be questioned. Ile n u t i ee fi e er e Jury would hear in mind, that this WAS art M eal u po,olll had and received; and Mr. Rothschild was Ol io , to ;00) place in the pocket, of Mr. Hennings certain lied 0, es he alleged himself entitled. If Mr. Rothschild i i ,e such , af ro perform his contract, the plaintiff might Il e shere * ers g mand. But there was no privity of contract,. , t iies r eei mutuality of obligation. The Learned. s sn 'erjLo s n o, a rti sa n on to describe the details of the Neapolite s let. ! go es that the scrip came into the London 3 1 g r i j e s in t i r eio, 4 , consequence of political causes that the 0 , 0 , 11 e r ee rneol I'd rose, and the defendant, who was a weli t ''S l'oril tei . eis,, purchased them from his debtor, a Mr. 1 0 e'f,,o ex o rl , plaintiff accepted the offer of Mr.'ltotbschild, , t . s iesi t wo th time for paying in the instalments; but hav il Ye pot c the within the specified time, of course he c°` 0 10 1 t o . money in question. eel not sPrie 0 111 ,,e l ielS Mr. Justice BUIIROUGH said, it o." - 1 ,),,, to es eSs., 0 plaintiff had made any deposit at all, agre ell h O l e I, ';', Cso; s s Mr. Rothschild's advertisement ; for tholig c ll in in , tig it had been paid in would give the p.laintiff a . C:rpo , tle Equity, it would give no claim in a Cout o ' (f, nth, testy, not paid according to the necessary legal f 5 , ° ,;1 0 .,,,,t, Mr.,„ 5 11j , Mr. Serjeant PELL contended, At .gil tt ion w e , orir plaintiff stood precisely in the sante tdoes e el etV would have stood in, who had paid in t°, l o lo * et' and whose interest was then offered to tile } ce d. 4 i t ilor o . The Courrr ordered this point to b ' ~,i4cr, lOO Ile 01. , e c os , Jo Mr. Serjeant VAtIGUAX resumed. S t ~s re re gia je e ant that the Jury should look to the mer o l o g tre st , s,l for gliS rs ee peared that the plaintiff considered the c o ,iit two olJoel , the part of Mr. Rothschild, and thereroll:l, ,she b ut t ? "if sits, which had been paid in by love . ' e ppli s teerirs ° ' .1, en 1 e el . t ali's of ally be the answer of Mr. It. to such n t, 0 4 1 ion in c i, % that the party had broken his engagerd e es) eres ,' ste lele r A forfeit the deposit, as he had tailed ill. 1 1 ; 0 01, lll § toel‘ e irg:i. The plaintiff had neither paid the i i e m ent. tj- et Velll l ' so March instalment, nor the April instathe v e s t: b D y 0_ 1 1 , t' , down the whole time from* o67 i j ,,a( loacoett io c' e If Mr. Rothschild was thus to IN: ~ ,t i, e ng,t l, ? Sef,isorsi chaser, how was he to fulfil the wctS4' l ,(heeas i r s olo es; under with such an immense loan of; ; be 1 ,141 , 1 . 1 . 1 t: 01 .1 : 01 ta l ; ) equitable point of view the claim 0 1 _, the s St' e stil. s iji jo e sustained. Was he to take leave I n , eaw t o l l ? I t iof pill bye to it the moment he fotind it sting .P.10ce,...rs ( turn to it die moment he found it s il it a j 11;`„ ri ce4 O c ii.. e sy d st th em at o f f o p r la th vi ree ng thoughts to the script, but ai" , eeila. .eso es, sie . le„Solis!, French having entered 3.leslitd 4 1 ' 1 , feet lw;hsslids°,,er (smelts cation and tender his money. bile 31c. 1 qnde il ily i ll 0 responsibility. le -Je Ihe ease 0 " 4o e§. he 0 ( oft be wished to have all 'The eibeitnrnelleta be t „,i o r s ; e el d° pr o i t ie l n observations, by saying that it pa Wit i . le 'wottla vi , theif t ° o .! of his client, that he would call s aid , it r . ode I ,,ei l t, s ' f or 31r.Justicelltranoutat thin the J tk ye lls F. 0 ,to 4t u a ti n i, d l l l cl l c r. lwl7- te e an at nfoilloglilitilisc:11,1:11111, ‘T r i : i s t e l , confirmed in the event of the-, _erro,„ li ivet ° • certain points of law whir onfirlithtelLiseZnWeda *.rudegiuel,cfetsoden;deuntliceeratlicetc.!-,1f.:14'd 111 1)°