The Sun. — London, England, 1823-01-23 00:00:00

MIP ~~ "' " FOREIGN INTELLIGENCE. PARIS, JAN. 20. :1 SPAIN. IV! A I-41'D, JAN. 113. On Saturday the most contradictory reports mere circulated in Paris, after the meeting of the • Council of Ministers. It was said that it had - been determined upon to recall the French Am ,bassador from Madrid, and that three Ministers had tendered their resignations. Their successors were even pointed out in the persons of MM. de Polignac, de la Bourdonnaye, and Hyde de Neuville.. -About an hoar !Afterwards it was as .serted, en the other hand, that the Ministers who bad tendered their resignations were to be re tained, and those Who opposed them were to go out. All theil reports appear: very improbable, berattiiihe Spanish Ambassador has not yet offi. daily received the ansfVer of his Government to the Note of M. de Villele. There is no doubt, 'howeve!, that all minds are greatly agitated, and -that the citizens of Paris almost universally lament the prospect of war, which wisdom sug gests that it would be for the interest of the -throne and the country to avoid. We are given to understand that aftfr to-morrow 'the fanatical journals will cease to attack the Mi utsters. Peace is concluded, and-it is not neces- Sary to say who has paid the expences of the war. It would appear fly this, that the fanatics have felt all the force of ibe phrase which is attri buted to rt political personage, who is , possessed of great influence and power :—" I only ask," said he, " I only ask that a little credit should be given to the Royalists." The Ministerial paper of yesterday announces that " lately there has been a meeting of French men and Spaniards in Paris, the object of which was to destroy the Government of the Regency, and to appoint another." " Conspiracies," sayi the same-paper, " are the fruit of the intrigues of the republican or liberal sect. We shall, pro bably, soon learn tbat the Regency of Urgel has been organized by Aie Carbonari." . The same number of the Eloile imputes to us tbe error of having called the French Govern mem a Constitutional Government. If the fa natics are allowed to have their own way, the .ckfrter will be instantly put in tire catalogue of books forbidden to be sold by the Intel:Sellers. It has been confidently stated for -some days past that - Sir Charles Stuart, the English Am - 1)60(10 at. Paris, has been appointed to another diplomatic post.: His successor is not yet named. Constitutionll;s4 ' Yesterddy, after mass, the King received tire Ministers, Prinee Talleynind, the Chancellor, *4ite•Martinis tic Semonville, Grant) Referendiary oaf the Chamber of Peers, a great trataber °fowl!). tiers of that. Climber, and` many deputies, the militay of all ranks, and Prince Castelcirala, (Lie politan Ambassador. his Excellency the - Minister for Foreign, Affair's gave yesterday a grand dinner to his Royal. Highness the Prince of. Sallo-Cohurg. T Were we to pre sent the greatPflieers of tho Crown, the English Ambassador; several Mar n is, Delalot, 1V1. 4 de V aublanc,, Getieral Pormadiets, 'Fite Martinis' de V,lice, Marechande,,,Camp, who commanded a brigade of tho army of, ob .Evation, arrived yeatertlay in Paris, to ni4le, it is said, an Important communication reTeCting the army which:he had goittini. A nievt-nieg Paper mentions the formation of a trey w Ictinistry, ,cer?tposed as- follows ( r 'site Vaublt►nc, lnterior; M. the Count de la 13onrclitienaye,, Fiounces,; M.'Clausel tie Coos se rgoes * , to'tice ;M. the Duke tiol,3lacas, Foreign Ad' irs ; and the Count Hyde .de Nextville, Ma ' eine. :The same Paper adds, that' ' the first pro ''..ject of - law presented' to the. Chambers will be T:Otitive to an extraordinary levy, and. that.. Majo r the Marquis de Vence is arrived from the frontiers, to make an importaut,refiort.onthe rnay of observa Lion .—( Draper'', ,11 lane.) The Journal de laforetle confirms What we ! cspectiog the disorders in linignitn, oc- ea , iont rl by the egtablishtnent of a new tax upon .the grinding of wheat. Assemblages of persons inok place in some villages of the Gran 1 Duchy a Luxemburg. ) and some officers belonging to the Customs were ill-treated, many families trop the environs or Arton and Virton have , ionght att un in the villages of the Department of OW borderi:!: on the Low' Coputries.— , ..*(Quo (") BBBEif; TO TliE ICING, YOTIW BY TBE coaTER U TILL SI'I"EING 04' THE 111:11. JANUARY. " Sire- 7 The Extraordinary Cortes,after hearing thf notes -- orttilo Cabinets of 1' iris Viontla, Der- ruo lin, aod retersrborgb, wfarh your Majesty or (l..red to be cotrunutticatel t) your Alinisters to t':eln, have untininnouily resohTd to direct their voice towards the august throne or your Majesty, to f-x press of the feelings by which they are aril. tinted. " The Cortes would fail in ttu fust duty— they would inadequately express the wishes of the peoph3 whom they reprosout—if they did not declare the surprise and indiAnation Which they felt at the strange docttinec,, the manifest false hoods, the calumnious imputations, which these, documents contain, particularly the three latter, as vicinug in their substance as contrary in their form to the principles established among civilized dl itions; monstrously insulting to the Spanish nation,- to its most distinguished children, to its Cortes, to its Government, and oven to the throw- of your Majesty, which, supported by the Constitution, suffer sequally from the at lacks directed ogaioq tine, to your sa cred person, who ,e good faith, anti:whose love for your people, they endeavour, by an impious' temerity, to call in question. " The Cortes, Sire, have heard, with singular satisfaction, the frank, honourable, and ener getic answer which your Minister has transmitted to those notes, and w hich you have communicated to the Cortes, They cannot but approve of the noble disdain with which your Government, without descending to refute assertions notoriously false, (and which, had they been otherwise, those Cabinets had no right to prefer against it), con fined itself to a stateumt•of the principles which direct it,—principles which the legislative body loudly proclaims, which all Spaniards repeat, and which they will support with the constancy of a people faithful to their promises, and which nothing can shake while they defend their honour and independence. " It does not belong to the Cortes to inquire into the real motives of the conduct observed to wards Spain by the Cabinets of Paris, Vienna, Berlin, and Petersburgh, any more than to antici pate the results of the answers returned by the Government of your Majesty ; but, whatever may be these motives or results, the road which the Legislative Body must follow, is marked out for them by the Constitution itself—by the avowed and unanimous opinion of their constitu ents, and by the sentiments of national honour, which, being felt so strongly by all Spaniards, must more particularly animate the assembly of their representatives. " The Cortes, in a crisis so memorable, are called upon to exert themselves, and are in fact exerting themselves to draw closer the ties which unite them to the Royal power, and to proclaim, as they do now proclaim afresh, in the face of the nation, of the world, and of posterity, their de teruained resolution to sustain the glory and the independence of the throne of your Majesty, and of your Constitutional authority, the sovereignty and the rights of the heroic nation w hich they represent, and the Constitution by which they exist. " The Cortes are bouneto assure your Majesty, and they do assure your Majesty, that to attain so sacred an object, they are ready to decree every species of sacrifice, certain that the Spanish people will hear them with joy—with enthusiasm ; amid that they will resign themselves to all possi ble evils, rather than enter into terms with those who would pretend to taint their honour, or to attack their liberties. " Such is the declaration of the Cortes; and they hope that the national power, thus fortified by the union which exists• between the Throne, the Cortes, and the people, will be sufficient to impose respect on the enemies of Spanish inde, pendence and liberty, to secure, perhaps peace, 'end certainly the glory of the nation, and to cons°. lidate its future-welfare under the empire of tho Constitution which governs us, the salutary principles of which promise to our coutory the most flattering destinies," Tho Universal of the 13th inst., after stating that the Ambassadors. of Austria, Russia, and Prussia, had received their passpors, adds— " The thing is over ; good bye, gentlemen •' God grant good to either, and safe roads to the diplo, matie trinity. May you be protected from the hands of the Defenders of the Faith, for if they scent your money, and know that two of you are not Catholics, I tremble to predict your fate.— Rut what is.,a consolation for so sensible a loss is, till hourly expected arrival of Loyd So. 'll , rsetc.at„Madrid, without speaking 'of the. ,En Roche, who.arrived three il s ou :4 4 t day will come when Europe, and, partlciflat#Spanct, will speak out ..nd censure the foolish' aniKrirninal conduct of the Govern.. merits which have obliged Spain to draw closer the ties which unite her to England." POItTUGA t t. LISBON, JAN. 3. rn the Sitting of the Cortes on the 31St ok December, • the linister of State for Foreign Ailitirs presented a report on the state of the relations of the Portuguese MonanhY with fo reign natitins. in this very long report, the Minister first gives a view of the commercial policy of Portugal: Fre recapitu. lates the discussions with Great Britain reladie to the imposi tion of an additional duty on British woollen manufactures, The affair was suinnitted to the Extraordinary Cortes, which could not decide it, on account of the accumulation of business with- which they were engaged ; and it is therefore tlry neeett. sary that the present Cortes should take it, into consideration, since on their resolution depends not only the maintenhnce of the friendship and good understanding happily subsisting ht,- tween the two countries, but also the beginning of negociations for a new treaty more favourable to the interests of Portugal than that of 1810, which it is intended to amend. . 'When his Majesty's Gvernment proposer; commercial rangements with Great Britain, it not only has in vie* to pro mote the national industry, but; considering a well-understood interest to be the most solid basis of every allinee, the 60.. vernment hoped that the mote intimately the interests of Pot. tugal were united with those of "eat Britain, the more ready that Power would be to declare against every project of ag gression manifested by other Powers, on uceount of ouiinvsent political institutions—a project, altich it was impossible not to see was meditated against the Peninsula by Franc, l wt the head of the holy llliancc, . So long, says the report, as these demonstrations had not become so eyident, that it was impossible to deny them, the Bri. tish Cabinet refused to allow that any such project of inva sion existed; and thought it needless to give any assurances tii allay our fears, which it conceived to. be chimerical, beyond what were contained in the declaration, by-which his Drit a a_, nic Majesty publicly and 'solemnly proteited a l ..;ainst the Iteiae lotions of the Congresses of. Troppau and Laybach. The Per taguese Government, however, seeing the armies on the Py,, renees increase (evidently directed against the political inati.. nations of the Peninsula), urged the. necessity of a niore ex pit. cit declaration, considering how unequivocal those of the Holy Alliance were. The British Ministry, whether it perceived that the time was arrived to show its opposition to the prcijects which could not now be denied, or whether the chamys in that Ministry had Caused a change in its view of the projects of the Holy Alliance, declared to our Charge d'Affaires, that if ever, contrary to expectationa, the independence of Portugal should be mated, his Britannic Majc-sty would be an indiffe rent - spectator of so important an event., but it t. iii to this kingdom all the assistance witich it had t right to expLct from Great Britain, h) virtoe'of its ancient cortm•xions. These clear and * k . itive expreselons soon resounded on the banks of the ' Seine, and the Government of hie Most Christian Majesty protested that it had never conceived any hostile intention tnevards Portugal; that as a Constitutional Government, it not only coneideredas unjust, but would be ashamed to maintain so absurd a doctrine as the interference of one Power in the internal political organization of any other ; and •that e not withstanding the feare which the army of . the Pyrenees might naturally excite, it would never pass the frontier line unless it were first violated by the Spanish troops which en. gaged in the horrors of a civil war in the provinces adjoining to France, obliged the latter. to take every precaution against the evils of all kinds'which such a neighbourhood gave room to apprehend. The Minister proceeds to state the further ne gotiations with Fiance, whose declarations seemed contradicted by the increasing armaments, and by the aid lent by the French authorities on the frontiers to the factious ; in consequence of which his Majesty thought fit frankly .to declare to France, that its preparations seemed manifestly to be intended for an aggres sion on Spain, and, therefore Portugal must unite with the lat ter, their cause being one. France seemed offended that its sin cerity was doubted, and repeated Its assertions; but his Ma jesty, seeing that the movements of the army on the Pyrenees continued, thought it necessary to negotiate an alliance with Spain, which is now nearly concluded, to prevent the factious from disturbing our frontier provinces. His Majesty hopes, also, that when the alliances are concluded, a treaty of commerce may be agreed upon between the two nations, by which the pro hibitory system may be relaxed. Ilis Majesty has also reason to hope that more liberal commercial arrangements may be Made .with other Powers, especially - with Sweden ; . and even France has shown a disposition to make a special treaty with Portugal. The report proceeds to state the communications made to the King of Great Britain, in consequence of the principles de clared at Troppau and Laybach and the necessity of an union with Spain, in case it should be attacked. lint this invasion, partly against the most faithful and ancient ally of Great lid tam, would never take place if Great P.ritain would declare be forehand that it never would •suffev it to be etfected, ' Portugal having in no matinee. provoked such an aggression. . It was therefore a consequence of the ancient and so often ' avowed friendship of Great Britain to . make .this previops de claration in the most explicit manner, that the Powers united against the internal institutions of the Peninsula, being aware of the real intentions of. Great Britain, might understand that the independence of the Portuguese nation, inseparable from the free choice of the ConstitutiOnal eystem which it .might choose' to adopt, was supported by the alliance of Great Bri tain. His 110 st Faithful Majesty, aelcingfrom the friendship of Great Britain such a declaration, did not hesitate to asume that it would dispense. Portugal from the necessity of entering into other alliances; but that if his Britannic Majesty should not find it conformable to the principles of his actual policy to make such a declaration, or if, by his arrangement with other Powers, be found it impossible to give to Portugal this new testimony of friendship, and to the - world an instance of his respect for the natural independence of nations, his Majesty would not therefore consider the ancient relations of commerce and harmony between the two nations to be lenpaired ; only he .should find himself obliged, not without regret, to seek, in new alliances the support which the Peninsula requires, when it sees itself threatened by the powerful league of the four great Powers Who pretendeo divide:among them the Government of envie , . . To this frank, - sincere, and amicable. *nest on the part of hie Majeetr'sGtlvernment, the British Mini str y has j u s t re plied "That,the British Government having solemnly de. • tiered r the - fa.C.diof Europe that it does not presume to attribute to itself a right Co interfere in theinternel affairs of other States, considers itself bennilies give, to this kingdom every succour of which it may stand in need, yhoul4.l.it4 independence appear to be threatened, in any mode or by any Power Whatever.— But this promise, which is .nothing more than 4 repetition of thosa which have in other times and at different epochs been Made to us, has no rlirenee, nor cant, be understood to have any, to our politknl. institutions, as they have , in no way al tered the relations wl'lich previously subsisted between the two countries." Such, SenhOro, is the - f47Thfratuni of Great Britain. BY it we art, infortned-zall. Europe-is infomied—whet we have to expect from that Power in the great:ollll4a 011 tr.iicli we .aeapeeleans about to enter. , • The GoVernment of his Most Faithful Majesty, though' sa. • tisfietl as to the views of the British Cabinet by this distinct ex phin'utien of its antecedent andi.citerated protestations, never theless will not hare sight of , any measurer which it maybe ne cessary to irdopt for securing the independence of the Portu. guese name, and which will be stibuntted in succession to the pi/Probation. of. this. Sovereign Congress, in, preportion as the negotiations op which they depend shall be - concluded; (iolgrtedl SILVESTRE PINIIEIRO FERREIRA. Office Of air Foreign Department, Dec. '2B • The Report • was tfrtlt!rAl to be ref real to the Diplomatic. Connitittee. E 7, I By the Conceit:lto, arrived at Lisbon, letters of the 12tb of November have bden received from Bahia. The expedition from Lisbon had arrived at,fialiia on the 30th of October, acid as soon as the troops landed, General Al.t»EntA prepared an attack can the head-quarters Of Gen. LABATOU f or w hich purposcea body -Of about /100 men em barked at Bahia, and attacked the Brazilians at Cahrito, tc IMP another detachment of equal force tparched by land to Riraja. The result of their joint attack, according to the letters from LiNboll, wassaid-to have been the tlefeat of the Brazilians, with the loss of 250 men and I , ve field-pieces. There.ere letter's, however, written by persons at Bahia, whic!l claim the victory for the Brazilians, who, as they assert, drove'Gene : ral 141,touncA's troops back to their entrench ments, and recovered the field-pieces that had been captured. I't' is impo.sible, of course, to say nhicli of these letters is entitled to the greatest degree of credit ; nor world these petty encounters possess sufficient interest to be men tioned at all, were it not that this province is the chief hold of Portugal on and that on her efforts firmly to establish her ;t,,eendeney thyre, depend, ht bey 'estimation, all hope of 'recovering the remainder. It appear,, however, by the fol lowing letter from Gen, M A RI t o his G o . vernment in , Europe, publkhed in the Mario do Gooernq c,f the 3fst ult., that this zealous and filittlfUr 50'vant, of , Portugal felt lie had little chance of%preserving Bahia " TO TH I: Kt NO. . .......... . " Senbor—Since I bad tlu bottom,- to write to, your -1 1,14kic.stY my letter of the 13th currciit, no ex traortlittai y count has occur red ln this province; but every thi ef ,' shows th a t th e revolt!. . . limits dinky becoming , ,mere firmly establish-d; and a proof of this is the Continued desertion of the troaus, persons employed in civil serviees, and other individuals. The Junta of I. mance , cluplains that there is an extreme w an t o f money; the pay ment of the . Navy anti the salaries of public officers are greatly in anear. " Several articles of provision, of the first necessity in this country, have not been received in this city for sonic days past ; and I am assured that the Prince Regent has adopted vigorous measures in the other provinces for preventing exportations to " The trops from Rio de Janeiro,: which disembarked at All oas ' are expected in the Reconcavo, and are to be j o i ne d b y some from Pernambuco. This force., commanded by Labo ur, is.to he united to the levies of the Reconcavo, in order to gtve the whole a more advantageous diwesition, anti to enable them to atta c k us mere'eflixttially. " Every day our advancettposts are fired on. " The misfort unes o f B ra zil have extended themselves to the division of the Royal IrolunteerS, as your Majesty, will see from No. I. I have called together the merchants of this place, aui stated to them what the divif.lon requires, respecting which I wait fin- their decision. " God presery (i;lrMkjesty many years. IGNACIO LUIZ MADEIRA E MELLO. " Oct. 2.1 " This refers to a representation from the military council of the troops in -Montevideo who remain faithful to Portugal.— They ask of Madeira three things Money to pay the arrears. 2. Some a r me d shim, which, in addition to the Thetis frigate, already at Montevideo, might be sufficient to prevent 'the blockade of that port by a naval force from Ilia de Janeiro. 3. Transports to convey the troops to Bahia in case it should be found necessary to evacuate Montevideo. 4t - 00/i. 4 LAW INTELLIGENCE. COURT OF CHANCERY, JAN. 22. LYNN AND QTHEIIS V. BEAVER _AND OTHERS. his LORDSHIP was able to skin the Hall to.day, and on his coming in he proceedettto give an elaborate judgment in this matter, which was an appeal from an order of his Honour the Vice. Chancer directing an issue to try who was the next of kin of_the testator. It appeared. that a reference to the Master had been made to decide that question between the plaintiffs and defendants, and he reported that nei. titer of them was the. next of kin, but that a Mr. Foster, (not then a party in the suit,) was the proper next of kin ; but that still being disputed by the plaintiffs, when it came on before the Vice-Chancellor. on exceptions, he directed the said issue, and the plaintiffs appealed to his Lordship, praying for a declaration of this Court that the testator's exe cutor was a trustee for them of the testator's reversionary pro perty. (Foster was to be at liberty to attend the trial at the Common Pleas, and join in the defence.) On the whole, his Lordship never read a more unintelligent will in his life than the one in this case on which the question turned. it was the will of a Gentleman made by himself, without professinal aid, thinking he knew something of law, when, in fact, he knew nothing of it ; and his Lordship would have had much difficulty in calling it a complete will, had it not been that the Ecclesiastical Court had granted probate of it, which took jurisdiction on that question out of . the hands of this Court ; anti in consequence of that he was bound to consider it a corn. plete will, and thought there were no words in it strong enough to raise the presumption that the executor was a trustee for the next of kin ; but that, on the contrary, he was himself bene ficially entitled to the surplus of the legacies. His Lordship, however, felt such a degree of difficulty in dwitling on the words of the will, either one way or other, that he said, it the Gentlemen at the Bar wished at any titre to re-argue the ease, he would be very happy to hear them. He ordered the bill, therefore, to be dismissed; and all parties to be paid their cysts out of the estate. Kostairr thought his Lordship would have a difficulty in dismissing the bill, and also allowing all parties their costs., Ilk Lordship replied, that if he could not . get to las wishes that way, it was only changing the. language; for he would order, that upon parties being paid their costs, the bill should be dis Missed. • Ilis Lordship stated to-dad', that be would give judgment in " Mackay v. Todd," tii-morrow ; and he would postpone judg mcnt Cook v. Collinridge" till Monday.. After a few part-beard Petitions were spoken to, which stood for to-day, the Bar proceeded with.motions, agreeable to what his Lordship stated at the rising oldie Court yesterday, namely, that he would bear motions to-day anti to-morrow. rICE-CIIANCELLOWS COURT, JAN. 22. IN RE BOYIIAND BENFIEI.I). Mr. PoNBLANC.ItIE presented a petition on the part of Mr. Boyd, the survivin g partner:of the well-known firm of Boyd and Penfield, praying that the petitioner might riot be called on to pay interest on a debt of 3,5581. which had been proved by Count Shulenberg on the estate of the petitioner and his part ner, and which sum had been paid into Court. • It appeared by Mr. Ponblanque's statement of• the facts contained in the petition, that in 1794 a loan was negovlateil in this country for the service of the Emperor of Ciennany under the authority of Parliament; and the petitioner and his partner were the agents for negociating the loan. Count Sliulenberg being et that time in this country, deposited in their hands the sum of 3,558/. to be invesnel ny them in the imperial loan on his account.' Ithappenel, however, from cir. 'clunstances that occurred abtrut the time, that the money was not invested, but Boyd and Benfield pad Count Sbuleaberg the interest regularly down to the year ,1800, when in conetefuence of the confusion into which the C)ntinent of Europe and the whole commercial world was thrown by the French Revolution, which preventetilarge remittances arriving to Boyd and Ben. field, they became unable to make good their engagements, and a commission of bankruptcy issued against them. Linder that commission debts to 'the anieunt of 70.000 i. hail been proved, and had since been actually paid roll besides which there was a considerable 'Surplus, now in Court, to abide the claims of any other creditors who. inay appear. Count Sludenherte had been offered the full 'alio:lnt of the debt proved by him under the bankrupt' s coninlissiOn, trliiclt wr the full amount of the sum he had deposited with tberre; .but. he re fueed to receive it'unless he was also paid inti‘rest. Mr Ton 'Annette submitted that a elaitt for interest on a debt due by a bankrupt could not be supported,. and waa'rAtntrary sa uge.: Mr. BELL, on th e same side, contended that ill.: ba.tikriiiit.. laws did not sanction Count Shulenberg's claim of interest, and that there was rin instance of such a claim being allowed. Even if the parties had not become liAlkrupt i . and that .Count Shnlenberg had sucdthem in a Court of Bobby ail his 4gett4 for not investing the money deposited with theni, ltecould only recover the . principal sutn.- it he must go, for interest,. his course must be to bring an action for damages in:a Court of Law. Mr. Moerr AOl3 1:, on the same side, contrasted the conduct of Count Slittlenberg with that of .Mr. Baring; who was a holder :of two bonds, of the petitioners for iti,taK each, and when it was ascertained that there would be a surpluaof their estate after paying all their creditors, generously thr:w one of his bonds into the fire. . „ . .5.4.110a5tZ and Mt. 3►tr:ttiitvALl; opposed the_prayer of the petition, and contended that Mr. Boyd had rendered hint. self liable to iiay interest, by having made an offer Count Shulenberg of half the interest in payment of the ts - holz. The VidE-CitANcELLott took a review of all, the argu. Ments that bad been urged on both sides, anti decided on the ground of established precedent, that the interest should not be paid. , sTEwAtt'r MART, Mr. SUGDENT called the attention of. the Cottrt.tii this' Case, winch regarded the proprietors of the Courier newspaper, anti which was argacd at cOnsiderable length before the recess., R e wished to know when it would be Most comienient for his Ho nour to hear it. When the case was heard, it would probably occupy much of the time of the Court. The Wrest:.-CitACELLOtt said, that it will so loti sfrie was argued th at h e 1it.41 inrgotten most of the poin ts at io u e. To-morrow wait the first day of term ; and Friday, therefore, might be a proper day tiir hearing the case. • COURT• OF KING'S BENCH,' JA*S. 22. ti~ILLt it V. • CALDWELL; Tbis wa an action brought by a ;ie.« man apinst the owner of the ship New Liverpool, to 'recover a sum of 4(il. IJ3. 101 for Wages during two vOyagea'frOirt London to Qtieher end Newfoundland. The defendant pleaded the Statute of tetions. „ . Mr. ROTCH and Mr. Tat-rotiap were for the Ideintiff, and Mr. Ou lINEY for the dependant. No dispute was made as to the fact of-,the having earned the wages he demanded, and the only point was to the defendant's liability • to pay. principal ground of defehce suggested watt, that th e pl a i nt iff mig h t h ave been.pahl by the defendant's partners at Quebec, who were interested in,the vex, sel, but there was no proof that the plain tiff had hen in het The matt of the vend proved that the pleintiff hid been hired for the two voyages in question. In the course Ufa thirtivoyage, during the late war, the teasel bad been captured by a French privateer. More than six 'years bad 'elapsed, 'taut to .tahe the 'case out of the statute of liottations, it was p{rovedthe mate that in March last he 'intidguced the plaintiff to br the defendant in London as one of the poor inen whqhad•beett cap. hired by the French p r i vateer , an d to svhOrn wages were due. Tit defendant on that occasion said ha , wopitltge anti see his attorney about it. Upo4this statement - it, as tnntentied that the plan - ultra claim was taken out of h 4e*operatioh of the statute. The CIIIEF,JLIST thOUght that the expression of the tie fendant, ” I will go to nay attorney," *as a tacit adDii , iiOri or the debt, if the Jury" believed the. witness who swore that th e defendant had used that language. The Jury found their verdict for the damages, 431. 15s. 101. (mt.:silt:4N OF. FRAUD AND INSANITY. P1.71-IDoN, ADNIINISTILATOIt, trrnis BROCK BRID GE . Mr. GURNEY sated that the question in this case was one of great importance it an action brought by the admini strator of DOC Jane Evans, deceased, to recover a considerable suin of money which the defendant had possLssed himself of, and converted to his own use, by means of his influence over this female, who was a person of such v.•ea.h. intellect that she was known by all the boys in the street by the name of—mad • Jane Evans. She had some property in the funds, the ant, rest of • which supported her; she continued to reside with a wi dow, Mrs. Punkin, until after her husband's death, when she went to reside with a person named Jackson, where it wa s pro posed that it tran s f er o f t h e property front Consols to Navy. Five per Cents., should take place, and an inve s t ment of part of her property, was contrived to e put in the name of Ann Portion, the niece, who wits removed from Jackson's house to 1 another with the deceased, who would ccriseut to anything that 1 was proposed by giving her a piece of plum cake. The de fendant caused her to consent to the transfer and re-investment 1 of the 1,0001. stock, which defendant pretended, after her 1 , death, that Jane I had given him. And he stood upen this defence, that the stock in tine-Stipa was a gift to him front .lane Evans, whom he (Mr. (.lurney) would sites,- to have been up to this time, and for long previous, in a state of perf ec t id eotcy and mental imbecility. The Forth) Cm .lI;STICE proposed, that as this was a dispute between relations it might be referred. This being rejected, the following.witnesses were called t Catherine Fuynbani kiln* the defendant, who is 1. dealer in pearl.asli, at litutpland—Alrs, Jane Evans jived with Mr. and 11Ira. Patton—Ohl Purdon died about ten' CT tWeiVe ;acres t ago—she afterwards lived with the elder Jackson, al a relation of hcr's, in Globe-fields, Betlinal-green, for two years--she quitted them and went to live with Brock' in Green.place, Blackfriars-road—Defendant ix a COB bedstead carver—Jane Evans lived with defendant years, until she died last June two years ago—Witt ways considered her an idiot—she used to jilzy utt like a child--she was turned of thirty when Winn knew her—she required. to be coaxed to eat her vie sometimes she went up stairs raving in a passion- 6 ' not alowed to o to the door without some one to I was not taken away—she could not converse as a coulpit any one—she was often talking and raving to herself crowd of people round her; considered her quite an id was necessary to pacify her, wen angry, with a piece °I Witness applied to defendant, Brockbridge, to reteive het witness's care, eight years ago, fir that Ann and Wm. P relations, thought her uncomfortable, and that for the sa her money th e y w i s h e d h er to b e w i t h t h e m. tdVitnefl that Ann Pardon had tin/. of Jane Evans's money, \v", would give up w h enever s h e s h ou ld b e c o mpelle.d. said he would t a k e care o f t h e property, and every en! l have their s h are . D e f en d ant state d t h a t he was to have! terest of her mon e y fo r t a ki ng care of her. Defendant was her niece, and is si s t er to A nn an d Wm. Pardon. p his i ant came to witne s s wh e n s h e was t a ken away W and requested witness to g o with h e r in a etaith. Pet:, gate her a piece of pl u m ca k e . Witne s s saw ha very t I defendant's. There was no improvement of bet tna never was consulted about removing her to the hollse, fendant. Re mem b ers b e i ng sent fon- to defendant's n o saz l A e l ft r. Bh cis ikiobtrintler and , who ha told witness otlt . l i t a e n r a e il l .a ia n a g t hi Then Thomas Bmckbridge, the defendant, came to and wished her to go to Jane Evans, to make her e mit° . tiir that her money was all safer and he had plocell banker's hands. lie stated his reason was, that he and he had been at variance, an d hi s w if e w i s h e d to have it i care, but she should not. Defendant told witness ihat one should have th e i r s h are o f It.. T!liaks be °ld i ), A amounted to nearly 1,500/. ; and th a t by i t out made rather more of it. Air, GI!2INEY—It will turn 91It so to be. Ann Pardon told witness she had deo!. of her Ingeli that she had given it up .to Air. 13roekbridge—aba, t it year before her decease, witness went to see lle r t,„; r f ßft b e r n i d d s g a t e n t i t t i a , ik b ca s u r t t h e e o lr tb ll e interest ll4' de c o e f ! a ) s r bl i e ( d ) t e g . e in o mane,: preventedu t:s q h t e i l 4 ;e: l n!S "t h.ta h- Cross-txamined by Air. SCARLET T.—Deltr."% ol a daughters, one 12 and the other 14 ; aitnefa's have been dead two years next March; there WA , i iit d t a in the family of Jackson, so that witness proposal t ° of her. AI E ra! Portion, who ir°'llido."—livKednen%eX'tra door* to ltcr in i I s i ou a rti s Ty k: 3 ; imea tv hp a rseri e J al a gd i t ie n: ;: s l i ;a nwe n eans m up. s ak i a,i t nb l c olt e rit_ol. sl erni e in,ti c 7 a ec i ; ; : i vert & l).. O vi o ,3oear l: n l i 1 1 11 0 1 *d oinfir i ii :j rsot that the m S r t . ret icA ; RT.ET hindered crying; her she l ro i ‘ n aS being aw a ill ' usedtbe sauteb - t and y la': the same day. - the mad woman. , s t na Mrs. Powell, apparently ngeel ninct !nether T.—Mind that you do not laug a ness, deposed' that she lived i- drug .01 . it' the rinvi v , five years—Jane E van s was achildish, siqtplct he lt man, always So —she did not ne..n,t t ,s 6' oo her at Jackson's; ju" can't t ;1 ) - was or not. John Wilson examined—Nn'ew - the lz , te . than forty rears; witness's fathfr lived Tt , ev:f T . 7;; 'don's children were. witness'; sehael:fellows. ; was a person 'incapabl e of eanductity , Ler "" person of weak intellect. Robert Ealam, rope-maker, deposed, that lic %+ she ., Portion's tieki ; us e d to see. .1ane1.144 ; be lvalk up and down the field talkim- to lierstll; to' to teize her ; used to call her aunty. balls, and used to talk to hersi,'; yho w 4 i4. totally .e" i- r l n sa i n a e ; b3. ,s k li e e r' use' uN t e l 4- tt! o ;d '; '; r i. 1 :1 1 4 15,1 -- a cu ai b ir i t ' ; ‘ care of leers if ; was called '•• the mad ; Cros4-exatuined.—ey . sy, ' hc!:: 41 lb' , 1 11 her at the wind 6W praylng• )er Mr. SeAnt ETT—Playingswith her nails?, Witness —She used to play prettf liandsooicly slalom and cups and balls ; she never took a ' to silo hut once in her liki—((a l,luKKl:'i. sib away sortie boys, from which. "she called wit nut-Fed baker, and used to smile at him. Mr. scAttLET/ 4 _ , Rrt a) cal! her an Oh . ,' y6l do The foord esttEt , ...lt , ST ; could trilna.llllllls' 'vary the plaintiff intst recover, as • .1 etvidez in that st a t e or to bell; _. Charles llornpluies was . oprenticed tO - t When Jan tiplis and ..Ann Purdon cAnze 'less was' age( 'eighteen, and . .resitled 'ab( as t a Whilst he was there,. she was cOMPletely out t childish ; never saw her do any thing hut talk fendant and wife managed 'her; never an Wittis has heard defendant and wife 'Say tha) idiot.' In witness's opinion there lii Cross-exantinetl by Mr. St: L 1;1 and did not serve his time ant • was trit.:(3l lain and linprisOned one tnond; ; was di arg on'btith ltls master and mistre;; , . George Purti k op,,vandson 61 . old Purdsti !,oast: with Jane Evans ; ei» . obnistA. fount her intbecilitydfinina ; has her tat:: tbi tit;4n to danee and sing. :The I,r4ll.),)oksand things as children, play with ; " she Jt 4s ni4t16,1 put theta botilitl" the kitchen tire;' she got tie older ,ern^ Iwr at RioebridWe' n t wo or slow death ; Mr. and Mrs. arciclibridg e hegira to those i - claiions who.cainc. inset her. - ./ns !Ina .Jackson.—AVitnezN's daughter-in- 13 k, of the l'urdons. :lane Evens' was in witness three weeks with his son ; for dearly two Ye 3rs every day. Ann Puitlon was wiih h e r ; care of htrself; Ann Put managca Xlll could p ot remember any thi ng; was los.d of half .Pence to play with. lyoess used to and her to the I'ank us-4;re lic.r dividends. name with a send deafly.) t7a. Ilad 1,5091. cent. Witness recommended a•.ehattge 'of crease ti= interest, and it was all scld out ; hi ironth,: ii Ikrd .'O V,fi'S sons. R m uford anti Ashlty wt.s°'reftit;"'lll3'Alll' Several other witnessi were examined , ScAnty.TT rose fbr the defendant; Mr. (.1 plied, and the I..onts Clime; LCL: :sunlited ter het...re three o'clock, the Jury feund vertbS till'..-Dailiage s , 1,045/. and costs. . .IN'SOIXENT DEIITOItS' ; 41 ( r‘ t tt 31F.TItOPI)LITAII SOCIETY. FOR" Ax.:ll:ll.,oPitltsoSeE. J C I I: c T u I s O o N s.. OF Fit A 1. 7 ,1) It eSterday John Il oug l i ..Facks on.carue up 1-711 Petition to be discharged, aril was t.ipposs. - 1 1 - the U 4 ltn t• 1 co utllo lof the lo: r i c e tp, in the natnt of jlrr4s 'S - . gt. 4i.:b ci t The principal ground of obj2cliori to the charge was.. hid itaving . witithelcl his isooksuf sc `ot!' fir. athircssed tli,> Court tbr beef 'rite 011 E1' .CoAtAt t03.910Ni ohserveil , it r• tv 's iegif trio Ir.solvent's Counsd, di l l: i t ; ne..Vl ;it tk Insolvent for ` t 'et° " 4 . fabrication of boolt;" did not aput.: , r mem; but it should be renlen..bereci, that tsttltl' o f t or making false entries in there given up, wer o44l- ,:(10! tionol and the Insolvent himself l ntl, m es' Mitt the books delivered iwo Court were d. fabricate a b m elt been trade to ti le rnetirn by which this cale 0,111,1 on the attention of the Court ; on ilia'. t that it was .11wavt. laufl:.;1,1 fur ars ,of dt expose (rand ; that had done in tie lio" e9 i - cetit the Jud..rnent of the Court 1; - as, that the Itt s ,of l r,a.zhicti for 18 months for concealing his I)outt heffi 01.1 n casesr.r.y Ec. day were too notke. A r s' ar l llel i s y eg S ß a i° t e e nn ; lt in ice:t i n nt sai e l o cir Ew ri-4'; ;ill l 4k e i: 4 3lttug in ate , p there • • et „ se a l nte dO wt:t: o wnf rays, to and from the City of London, urd Ill e }t . ntioned, in the Counties of Surrey 5u5,1i,310111,51 1 1-41therhead, Dal king, tiiitbrd, Farnham ""hani, Itrighthehnstone 1 ew-..., ai!l Elk o-4) a enrrespondei l e t iv e r hail 'l,, . 11l or 11 ' places, 4 1 :d no mon" • ettL- ": Ly r 3by 11 ,;; n i7" ,,- only such rates ; e )chc i: a r tot, I;ilalcurs, ~,Li lilt of ,w ' ir i c s 3 ' 1.,t1!„. ~ , s ., il :Uri Wt. .., h a - '.lv o'''.l • 111 , .),,, . 4 „,,,, , , 0: ) rs" o vce dr •--Ivito - .btr t. iv itllt s i ,i, 140 L, liIIC , ' , '''4 , ll o) ; .I..Sti t' • : . CI:4 , la Cat ir, • P • "' ' '. 1 • 1 1°'' '.' . / • •••'r :3.03 ~.,1, -ir ~....d . :: of 1,,e 481 rAlliri, l Lo ! 04 iv 4i/1fe4 ,0 ,X,b,„Lt ~„ q uo , iottl" vt , iwed qc:110 0 it t , lti 4p $n o 11:rt:414 is, ; : ::i tl t, : : : i ::: to il i t" : 11, ,:r tei,11 41: 1 ; 1 leori".l . , l i ctWf A i co lj°"" ',...4 c,,1,.....54 ,, fi .,,, tve5 z ,ii: : ,,,,,i1:°:c5. n. i ,v i5 :tinr , : ; !,00: 7 51,.:;" , ,1. ,, 4 tb.e a . the sto , .. it „„$ r. v.. ~ . 40 , „? 1 6001 ii;,l4, [II after 1 ~ , , k , r s ' k i cil°' , tV ' f t ' l'' 1 :. 14 : !: 1 i 1:h.:1:°4.d: , >,