The Sun. — London, England, 1823-12-18 00:00:00

~._ is 1 1 [MOItN 1 N CT rosT,] THE LONDON JOURNALS. DAILY Extracts from the Morning Papers, Dee. 18 [TUE Timus.r We perceive by the Jamaica Papers, that strong resolutions continue to be entered into by the inhabitants of different parishes of that Island, on the subject, of the Slave Trade. In the parish of St. Anne, they say—" We consider 4 ourselves justified in calling on Parliament— " on the British nation, to, pay us for our posses ". sions, or leave us at liberty to °War our elle " glance where our personal safety can be se " cures; by the observance of legal enactments.-- The spoi•Ors in the pari , .l of Port Royal were extremely wan. 1‘ e fear there wants modera tion on ail sides : hut intemperance, is more ex. tunable in those wi n ) are iu extreme suffering, than in those who, from motives, however just,' are the assailants. The Resolntionists of Port Royal thus speak :—" That, we spurn with me rited contempt and scorn every malicious stud calumniating accusation of cruelty acid op pression tow Luck our tenantry, hoare infinitely " more happy than malty English labourers, and " and whose comforts and protection can heal " no comparison with the wants and miseries of 46 thousands of free-born men in Ireland, whose 44 moral and political degradation never moves, " the philanthropical' friend of the Negro. We " have never yet called on the soldiery to fire on 44 the slave, and hut for the delusion of our elle,- " inks, so unfortunate a necessity would never 44 &CM'. * * That we con.- " ceive it to be the duty of such individuals to " send amongst us one of their number, who, '' without th e h o p e o f profit, may give OW. 64 bought evidence—who, with impartiality, may 44 decide on our real character ; but we protest 64 against the injustice of pronouncing us guilty " of the foulest crimes on the evidence of men Zechariah IIPCa u !ey, whose crimes, whose " oppression to the slaves muter his charge as " overseer, compelled him to self-banishment 44 from this colony, to seek affluence by colons " niating those o ho abhorred his iniqnity."--We have quoted the preceding passage, in order to attract the attention, and receive the proper ex planation of the, person charged---a person with an ominous name, certainly, but Ivho yet may he a very good num. Zechariah M'Cauley ! We are !Sore he was a very good tempered boy, if he did not throw stones rit his godfathers• and mother whenever he saw them. prKsy •rutes.l Ex !WOWS were received from Paris yes!erdly, announcing the arrival of 'Mr. N. M. Rothschild at, that capital ; great earitt!stues. was visible on, our Stock Exclutoge to lento what wal the ob ject of his tour; but nothing positive could be ascertaFncrl. It WKS curreotly reported that a new Frellell ,140811 Was in agitation ; but the rise in the Hews seemed to contradict' this, idea. The closing prices of Monday were as follow :---Five per Cents. 91f. 85c.--Scrip 34 pr. ui '2sf. bOc.—Spatiish Bonds ore quoted from Q 8 1; to 9.94. The Ehsiie dated yeKtertfily rontnins ri*ews be yond the arrival of General Goilleminot, wh o tad the honour of being presented to the Kiog. The Agent of one of the parties now in Paris made some large Sales of Spanish Hoods in the morning, which bad the .effect of lowering them nearly 0110 per cent. They closed at Consols varied yesterday lttween• 86f and 86i, and finally closed, as on Toesddy, an 86n. In other securities little business Was done ; and they remain at their former quotations. /The idle rumours of new Ministerial arrangements at tempted to he put into circulation by The -Morn ing Chronicle are totally disregarded. They are founded on the simple •fact that Lord Liverpool paid a social visit to his old personal friend Lord Grenville. The Quid/tunes of the present day ere as ingenious as those of Foote's time in rais ing it political fabric on an airy basis.----" When " a great man's butler shakes his head, and says g‘ nothing," observes the sagacious Upholsterer, " great events are no doubt in agitation." Two Flanders Mails arrived fast night. The Papers which they have brought are only to the 13th inst. and contain nothing of importance, with the exception of en article from Vienna, whi c h states that the Austrian Cabinet had refused to interfere in the Mild's of South America, other wise than by using its good offices " to effect an amicable arrangement between the Colonies and the mother country." The reason asiigned for this refusal to interpose in a manner more con genial with the views of certain Members of the Holy Alliance is the very true one, " that the Austrian Empire not being 4 Maritime Power could not have the same interest in that affair us Russia and France." This is a frank admission, that, notwithstanding their assurancesl to the contrary, self-interest has been and still die only motive of all the Allied Monarchs.— It disiplays at the gime time a propitious depar ture from that boasted unity which had hitherto rniiried their proceedings, and may,.pet haps, pre pare the way forth. breaking up of that system of despotism which they were desirous of extending over all Europe. With respect to the particulur in terest felt by Russia and France in the settleaeent of the quarrel between Spain and her late Colonies, it is thus explained :---" Russia following its system of opposition to the naval preponderance of England, must cease to make new aqui sitions to the prejudice of its rival, and France must endeavour to repair the loss of the Isle of f l rance and St. Domingo, and open`new markets for the iminetise produce of her industry, espe. csall.yr in South America, where England has greater advantages than any other nation." 'I he lame article says, that immediately after his re turn to Lemberg, Prince Metternich sent instruc tions •to the Austtien Ambassador, at`Paris, and to Count Brunetti, Minister of Isis Imperial Majesty at Madrid, relative to tho system adopted by Austria OD the subject.----A singular occurrence 81141fIS to have taken place in Russia, It the article from St. Petersburg's, I given in these Papers, be correct. Count Witt-1 Ope genstein ) wbo rendered such important services to Russia, In the war against the French in 1812, and till lately commanded the Russian Army of Observation on the borders of Turkey, is said to have suddenly quitted the service of the Empe ror Alexander, and to have been succeeded in his command by Count Miloradowitch. This is the more singular on account of its taking place immediately after the visit paid by Alexander to Wittgenstein's army, and the satisfaction which that Monarch publicly expressed of the ef►cient state in which he had found it. [MORNING CIIRONICLR.] Vrom the outcry now made against the Slave Trade Abolitionists in the West Indies and echoed in this country, it might be believed that some very, violent measures had been proposed laSt Session to the Legislathre. New Mr. Bux ton.cmttended :for no immediate interference with the relations between master and slave ; he merely rolled upon Parliament to come to a resolution which won I d hold ant something like a well-found ed hope f' an emancipation at a distant ,period. The prf. , it state of absolute slavery cannot possibly have a long duration ;t and it is greatly for the interest of all parties that the change should rather be gradual than the result of n vio lent convulsion. Without , however,' some such stimulus as a Parliamentary Resolution, it is to be feared that the Planters will defer the pre- , partitions from day to day and year to year--; Pis Motion was not carried ; hut still the pledge, given by Government, followed up as it has been by Lord Bathurst's Letter, will, we are con vinced, be productive of much good. We are wil ling to make every allowance for the distresses under which the t '4'estlndia Proprietors have long strugg led, and are therefore not d isposed to scan too nicely the language of the Resolutions passed in the different Islands. We some time ago quoted a passage from Resolutions about to be proposed in Kingston, which have since passed, in threat ening us with a recurrence to some other power for protection. This is too ridiculous to deserve a moment's attention. 'We are at this time pay ing to the West Indians for the pleasure of pro tecting them, two or three times as much for our Sugar as other nations pay. It will be' some! time before they can find a nation willing to afford protection at this costly rate. The West In dians complain bitterly that the A bsolutionists have grossly misrepresented the condition of Negro , ;laves. if we may believe them, the Negroes are better offthan the peasantry of any part of Europe, well fed, well clad, neither over-worked, nor unkindly treated!. This however, is certain ly making the most of things. It is really offering an insult to our understandings to tell us that the condition of beings liable to all the caprices of Masters and Overseers, liable to be sold for the debts of these Masters, the children torn from their parents, the wife from the husband, deprived of the power of ever see ing one another more—that the condition of beings who are looked on as almost of, noodled' species, is at. all to be compared with that of European peasant*. Take even the !flwer of the southern conntles of England, half fed, and cowering in winter over a few embers, in to climate where abendence of fuel is almost as ne cessary to tolerable existence, as abundance of food—take ts;is being with only 3s. a week, for food, fire, lodging, and rairnent,and his condition is still very different from that of the negro. But this is not the general condition of the European peasantry, nor the general condition of the Eng lish labourer. Where the labourers have not been deprived of their independence by a vicious interpretation of the Poor Laws, their numbers bear a proportion to the demand for labour, and their wages are more equal to their necessities. Who would for a moment compare the York shire or Northumberland Hind with the West India Slave ? [BRITISH Prt FM] We have formerly stated the jealousy enter tained by Austria of the designs and restless am bition of Russia; and it is known that serious differences existed between Alexander and Fran cis during their private meeting at Czernowitz, though they were subsequently varnished over. It now appears, by the last accounts from Vienna, to the 17th of November, that Austria also is opposed to the policy of Russia with respect to South Ame rica, and refuses to interfere in the affairs of the New World ; merely offering its good offices to effect a reconciliation between South America and the. mother country—oflices, as Austria must know under existing circumstances, equally use less and unprofitable. In fact (this paper adds,) the Austrian empire, not having a maritime power, cannot have the same interest in this af. fair as Russia nod France ;—R,ussia, following a system of opposition to the naval power of Eng. land, while France must endeavour to repair the loss of the. Isle of France and St. Domingo, and n new markets for the immense produce of er industry, especially in South America, where Eng (this journal adds) has greater ad vantages than any other nation. Metternich is stated to have sent secret instructions, in accord ance with this declaration, as the policy of Ault. Erie, to the Austrian Ambassador at Paris and Count Brunetti at Madrid. Thus, the designs both of Russia and. France, if they were conceul. ed before, are now completely unmasked in the Austrian Journal. It is clear that this power is jealous a►►d distrustful of the intrigues of 61165i1l in Celt trill Europe, and of its deep and selfish de signs on the Turkish provinces, which adjoin the Austrian dominians closely. But Russia has no eaval power ,that is effective : she is just as incapable as Austria of giving any ef fectual opposition to the independence of South America. Linked closely with France and S pain, the designs of both might be dangerous : but decided opposition by our Cabinet, it is now perfectly clear, will prevent any hostile attempt by either ; and the Confederation is, in fact, al ready breaking up under the frown of England. Frankfort Papers to the 30th, state, that efforts are made to establish a course of exchange in that city, for the, loan of Guebhard, but without success. Even the house of Rothschild, they say, had declined taking any part ; but this may be accounted for from that house probably wishing to take the loan upon themselves, Accounts from Milan to the 30th Nov. mention a decree in, the ()facial Gazette of Lombardy and Venice, which is worthy of the ultramontane tyranny that tramples on Italy. It orders a certain num ber of Italians, of whom a list is given, and who have been absent for six years, to return on pain of confiscation of all their property, and being declared dead. This is tyranny. with a vengeance! When the victims of despotism fly from the fate that awaits.them to foreign lands, they are compelled to return on pain of beggary and ruin to themselves and their families., Many of the exiles are distinguished, the account adds, by birth and fortune ; some were in Greece, and others in Spain. Accounts from St. Petersburgh, to the 21st of Nov., state, that Wittgenstein, so long in command of the Russian armies, and who commanded that stationed on the Pruth, to attack Turkey, had quitted the. A►utocrat's service, and was succeeded by Ililaradowitz. The journeys of the ambitious Autocrat, for the last twenty two years, in Russia anti foreign countries, are calculated in the Petersburgh journal, and made to amount to 88,000 miles. How much of all this has increased the happiness of either Russia or Europe ? What benefits did the journeys of the restless and ambitious Charles V. bring to Spain or Germany in his day ? Nothing but new wars and attempts at aggrandizement followed his constant travels'; and the policy of the ambitious Alex. antler is the same, at an interval of centuries, and when the situation of the world and' the human mind is altogether changed. LAW INTELLIGENCE. COURT OF KING'S BENCH, DEC. 17. SAVORT V. PRIM . . This was an action braight by the plaintiff, - who is a chemist in Mond-street, to recover compensation in damages froni the defendant, who. is . a chemist in Leadenhall-street, for having prepared and sold, without the plaintiff's consent, .4 medicine known by the name of, Seidlitz Powders, for the sole manu facture -of which the plaintiff obtained a patent in the year 1815. In the plaintirs specification three recipes were given for manufacturing three articles, the ounbination of which, in cer tain quantities, would make the Schnitz PoWders ; but fraM the evidence it appeared, that the articles for the manufacturing of which the recipes were given in the specification, were known previously to the taking out of the patent, and were in fact nothing more than Tartaric Acid, Rochelle Salts, and Car bonate of Soda. - , His LORDslur was of opinion that the specification was had, inasmuch as the patentee ought, instead of stating in his specification the method of, manufacturing articles previously well known, to have stated : the names of the articles, and that, their combination would make Seidlitz Powders. In all speci ficatiims' the simplest and the shortest method of making the .patent article should be stated. In this case he considered the' patent void.—The plaintiff was nonsuited. LAW v. POYIk:TER. This' was an action brotight by the plaintiff, who is a mer chant in the City of London, to recover from the defendant, who Li a private gentleman residing in Dorsetshire, compensa tion in damages for an injury sustained by the plaintiff's horse through the negligence of the defendant's servant. It appeared, that on the 22d November, 1822,. the plaintiff's groom w a s ridi ng t h roug h Ch eaps id e, an d leading h is master's horse, on the proper side of the street, when the defendant's barouche drove up the street at a rapid rate, and came so Close to the plaintiff's horse that th e h an dl e o f t h e barouche lacerated MS sidem So•neh that it became necess ar y t o sen d hi m to a vete rinary taargeon, under whose care he remained for upwards of two months at an 'expence of 20/. IN. to the plaintiff. When this accident oceurrcd there were 0 feet between the off-wheel of the barouche and the curb -stone on that side. The animal was worth above 80 guineas, bu'ti in consequence of the injury, was sold by public auction at Tattersall's, and only produced the sum of 411. I2s. „ • • Mr..slcAnt.uvr, for the defendant, called a witness named Win. Wzinue, who swore that be drove the harouche the slay the accident occurred; that the horses were hired for the day front Mr. Bryant of the llaymarket, but the barouche was the defendant's. The witness was one of Mr. Bryant's post-boys. 'Mr. SCARLETT submitted, that upon this evidence this ac tion could not be maintained against the defendant, because the. allegation " that this injury. to the hors e was o c ca s ioned by, the . negligence of the defendant's servant" was not made out, as IV - enact was the servant of 111 i. Bryant, and not of the de. fenclant. , plaintiff; cont e nd e d, th a t p r o !lac vice Aii:PiEltHo24, for the Nirallace was the defendant's servant, inasmuch as be was under the defendant's control, and was obliged to go in the, course of that day to whatever place he might be ordered by the defendant. Mr. SCARLETT, in support of his objection, quoted " s*lrrluel v. Wri ht,"G Espinasse, 253, in which case Lord Eilenbbrough held, that where a Triton was travelling in. a post.chaise, and an injury was sustained by a party through the, negligence of the post-boy, an action' lay against the owner of the post chaise and horses, and not against the person travelling in the coach. • Mr. ransom said there was a great difli..rence betiVeen the two cases ; because the person travelling post could not' be pre sumed to know any thing of the character of the post-boy r tut when a gentleman an London hired horses in the way in which these horses were hired, it was very likely that he would make sante inquiry into the character of the person who might be ordered by the job-masters to drive his chariot. • , His LORDSHIP said at present he could not seethe distinc tion between the present case and the case quoted by Mr. Scar- I at.—Plaintifr nonsulted. LLOYD V. DENT, M.P. • • This action was brought by Mr. Lloyd, en ironmonger. in the Strand, to recover the amount of a bill of 1851. 17s. sid., for putting up an apparatus for warming th e green -h ouse o f Mr. Dent, a banker bind member, of .Parliatnept, in liertford,street, May-fair, with steam, and also for making various alterations in a similar apparatus at Mr. I)ent's .cottage in the country.— The defendant had paid 701. into Court, .and contended that the plaintiff was not entitled to recover mo r e. The SoLiemon-CillliEnAL having opened the ease, The LORD CHIEF J tun: ivE suggested the propriety of a reference. Mr. 11 hou o AM, who appeared for Mr. Dent, said his client wrs, and had always betat, ready to abide by the result of a re ference; but the phuntiirrefused to refer to any one but an iron monger, which was rather hard.—(A laugh.) • . „ The SOLICITOR-GE/4EIIAL said, perhaps the defendant would prefer a reference to a banker; Mr. Lloyd wished only to refer to some one conversant with the subject. The case then proceeded fig a short time, when The . Lo cx.) Cut ur ;to rr ter again strongly recommended a reference to a gentleman of the bar, which, at last, was agreed to, and the cause was referred to Mr. Carter. TUUNER V. WOOD, HART. This was an action by the administratrix of a butcher, in Bury-street, to recover HO/. 7i. (hi., for meat furnished by the deceased, a butcher, to Sir Mark Wood, and for which repeated upplications had been made in vain. Proof Was given tout the meat was supplied, that a bill was sent In and that the defeudant promised payment. No dei'ence was offered, and the Jury found a verdict for the plaintiff. COURT OF COMMON PLEAS, DEC. 17, POLICY OF INSURANCE. 11ANWARt1 v. nannr.a. Mr. F. POLLOCK opened the pleadings.—lt was action, to recoverfrom the defendant the amount of a policy'of insurance effected on the ship Favourite, on a voyage from Kingston Jamaica, to St. Domingo.. The policy. was effected at four guineas per cent. The defendant had subscribed 200/. He now said he was not liable ; and on that point issue was joined. Mr. Scrjeant PELL stated the case to the Jury. It w a s no immaterial circumstance in this cause, that,all the underwriters had paid their share of the policy except tile defendant, wh o now thought fit to resist this chum. Both sides were well ae. (painted with the evidence that should he adduced, inasmuch as this was the second time this cause had been tried. Upon the loss having been sustained, and the other underwriters hay. ing paid their share, the defendant 'was opPlied to, and he re. -sisted the demand, on the ground that there was some doubt of the ownership, and some difficulty was also set forth as to the registry of the vessel. No human being supposed there was any other objection, until an application w m as ade to th e C ourt policy Iv" effected. heT tlte (aura vessel, sel, load th e of Common Pleas for a new tr t ul, upon tho Irround.that a co. loured, arid not a true representation, had ben given o f t h e vessel- at the time the accordingly ordered that th e p o i n t Shouhl be tried b y J ury . 'This last point then was th e only_one which they had to try; for the effecting of the policy,- the ownership of loss and value, must all be taken as admitted. Ile should call - , e d witnesses that mkt , comp yco trovett nev' an con , cealed point which; had been set up ? , and having done that, he could not doubt of obtaining a verdict for his client. Thoaias (Irimsdyke deposed, that at the time the policy was effected on the ship Favourite, he was clerk to Mr. Potts. The ship appeared in Lloyd's Registry Book. In January, 1821, Evetts had underwritten the vessel for the defendant. Evens Was broker for Barber. He was made acquainted with the cir cumstance of a change of master : of the vessel. This was ,the second time Evetts had underwritten the vessel. Ile had never received instructions to make any representations to him on the subject. The premium‘was four guineas. This was the only dispute on the policy. GnAs-examinetl.—He had been abroad for some time. He had been employed by . Mr. Prins, but was not now in bis loyment. lie was not discharged on account of . any imputed neglect or deceit towards Mr. Potts. Mr. Evetts sat in his box at Lloyd's room when he. saw him. Upon his oath lie never told Mr. Evens that the vessel was on her second voyage. Ile never could have said so, for he himself had done the ves sel seven or eight times. He had never represented her as being a new ship. Thomas, Smith was next ex a mi ne d. — H e stated that he was an underwriter, and had underwritten the ship Favourite on the voyage of 1821. His name stood before that of Mr. Barber. Be had paid his sluice of the loss. Ile had received his pre mium of four guineas. At that time he considered it was a fair premium. He had seen Mr. Evetts when the underwriters were . called upon to pay their share of th e l oss . Cross-examined.—He had been an underwiter for about eleven months, when the policy was effected. Had - be known she was a prize-vessel, he should not have taken so low tire. He had had transactions with the last witness, Grins_ dyke, and lie should not believe hint on his oath. Re-examined—lie had known Grinisdyke for three years.— He had seen the defendant's attorney about two months ago. Be had known Grimsdyke when he kept a tobacco-shop in Broad-street, about ten or twelve months back ; he had' only known him during the period he was with Potts, as broker; and during that time he had formed that opinion of him • but he never mention e d t h e susp i c i on to Mr. Potts, or told .' him that he had a clerk in his employ whom he should not believe upon his oath: G r i ms d y k e once shewed him a risk from the „Havarinali, on which he shewed hint the initials of an under- • writer ; and being. asked whether th at un d erwr i ter h ad signed it, he an swere d, " Yes." In consequence of which, he witnes.s), subscribed it.: Ile afterwards asked' that underwriter Whether they were his initials? He said they were; but tliat he hail not undertaken the risk. A Gentleman of the Jury—And is this, Sir, all the reason ,you have for stating that you would not believe Mr. Grimm. dyke on his oath ? • Witness.: -.That's all ! G. 0. Carr examined. -..= Said he was clerk to Potts : he had -applied to the defendant for his share of the loss, but he said lie could not settle, owing to the want of a certificate of the registry ;: in consequen ce o f w h ich t h e certificate was sent tbr t o Bermuda., ,This was attended with expence •and loss of time. He ,then; brought the certificate to Mr. Evens, and he said could not settle it;. 'but lie did not s a y w hy. H e h a d no id ea t h a t a niis representation was the defence he meant to bet up. Wm.. Pratt deposed, that he had been engaged as deputy and principal as an underwriter at Lloyd's, for upwbrds of twenty years. Looking at the book, he should have considercd four guineas a fair premium. • Cross-examined.. Many American prizes are as good. as any tbat navigate. ;Ile should have preferied many Ameri can prizes.to many British built ships. Ile should not have formed his opinion as to whether the vessel was taken from the Americans, but as to its condition. On looking at the book, he found that the ship was nine years-old in 1821. If he bad been told the vessel was a new ship, it would have made no differ ence to him. He had Underwritten this vessel three times be fore, and he should have preferred taking a risk on her to a ship built at New Brunswick with black birch, and perhaps was rot. ten before she was launched. Serjeant VAUGHAN then addressed the Jury on behalf of defendants, and begged of them to fortify their Minds . against any impression -that might have been produced, by, a farther trial. It was of no consequence to the defendant tnat other underwriters had paid their share of the loss; if they_ pleased to do it, with their eyes open, the defendant had no. ,thing to do with the , nerves, or fears, or pockets of Other, underivriters. lle contended, that there had been a most gross and fraudulent Misrepr ese nt at i on of the state of the vessel, and, that the defendant was p er f e ctly j us tifi e d i n res i st i ng t h e tie mend. The Jury would have to consider the degree of credit' they would give the evidence of 'AIL Cfrinistlyite, whom the witness for the plaintiff declared that he should not believe upon his oath ; .but in addition to this he should call three, unblemished witne sses , w h o wou ld contra di ct hi m essentially as to the representation he' had made to Mr. Evetta on the state of the vessel, and having done that, ho could not doubt of their verdict. • Mr. John George Evetts was then sworn, and deposed iat,on may 0 Mr. thimsdyke came to him to his box at Lloyd's. Mr. Andrews sat on his right hand, and Mr. B u ntin g opp o sit e .— When he offered him the risk, he asked him the character of the vessel, to which Grimsdyke answered that she was a new vessel, and that this was only the second voyage; upon which he took hi s register out of the drawers to see whether it accord_ . ed with the d escr ip t i on . N ot seein_g the " Favourite, Thy ward," in the b oo k, M r . Andrews looked over the book, and said, she was not entered; upon which Grimsdyke said again he could wageassur him this was only h er secon d voyage . Thi s assurance itiven more than once. The witness then read an entry which he stated had been made before he consented to take the risk. The entry was, " Favourite, Hayward, Ja maica, St. Domingo, and back, 2001. on the ship ; Potts se cond voyage." Before he had- made the entry, Grimadyke reminded him that lie had underwritten the vessel before.— lie then subseribed the slip of paper, such as was commonly used at Lloyd's. Had he known that the was a prize vessel, he would not have underwritten her at that premium. Until the register was brought to him, he was not aware she was a prize vessel, nor did he know of Grimstlyke's misrepresentation. Cross-examined..-„At thetime of the last trial, and now, he had and has an interest, and per centago on the profits of Mr. Barber. But in the present cause, as far as the policy was con cerned, he had no interest. He had never stipulated with Mr. Barber for a per centage; lie had a positive agreement with Mr. Barber's father, but had never made any stipulation with Mr. Joseph Barber, nor ever received any remuneration. He had received money from Stephen Barber and Sons, but not froth Joseph Barber ; however, he was one of the partners. In answer to one of theJury—After he had made the memo - Mullin, be did not !thew it to Grimsdyke to see whether it was correct ;it was not customary'. Mr. George Andrews deposed, that he was sitting in the box with 11.1r.,Evetta, when tinmedyke told him that the ship was going on its second voyage only. Ile was quite sure that had passed. In his judgment, it would have varied the risk materially to have been informed that the vessel was a prize ship. . . Mr. Buntin g deposed, that he generally sits in the same box with• Mr. Evetts; Mr. Andrews was in the box at the time. Grimsdyke said she was anew vessel, and on her second voyage only , Biretta made a memorandum in his book. He should have no hesitation in saying, it would' have made a difference', in the premium if it w ere known she was a prize ship. Thomas Beaumen s t ate d, that Grimsdyke had present e d th e ; risk to him ; he was the person whose initials had been on the slip ; they were his initials, but were not written by him ; they! were written by Grimsdyke. Cross-examined—fle did not see the slip, and he knew ro. ! thing of the matter bid what lie heard from Mr. Smith. lie never acknowledged his initials to Smith to hare been written by him.- Thomas Ashton, an underwriter, stated, it would have made a material difference in the policy if it were known she was in' American prize. . Herman Henricks,_ _an underwriter, stat e d, t h at i t would have made a material difference in the premium between the re- Presentation in Lloyd's hook and the statement that she was new ship. Rohert Bristol said he had been an underwriter for about forty years. He would not have underwritten an American prize at all. He was an enemy to them all, sh e come f- Mr; Serjeant PELL replied, and argued with great arc or e upon the improbability that Ornrualyke ould hav there a was ttenlitot h a a d s h beena t r ow matte o ward deliberately to p e rj ure, himself in a calm in which he hid t n i o le po i s u a ry ib w le o i u n i te d re f s e t e An imputation on his character; but he was quite persuade.' that foundation an impeach his veracity. When the Learned Serjeant had concluded his reply, the Foremen of the Jury stated, that for soine time the jury had had their minds made up, but that they were anxious some observatione should have been made of • on behalf Olll2ll. dyke. They accordingly returned a verdict for the plaintiff— Damages 1901. ROM e , Nov. 29.—The Holy Father is em ployed 'in various improvements. Great hopes are entertained from the choice of th e Commis sioners' appointed to enquire into the administra -tion of the criminal .l le The celebrated TI1011"' WALSON ) the worthy successore of CANovA, is charged w ith th e erection of a monument to Pius VII. The expellee is to be defrayed by Car dinal GoNsALvi, The price fixed upon is 20,000 crowns. , ASSIZE INTELLIGENCE'. KENT WINTER, ASSIZES—MAIDSTOWF, Dtc. It The fullowing charge to the Grand Jury was delivered ] Mr. Justice HOLROYD:— Gentlemen of the Grand 'Jury.—Although the nninber prisoners of the ,calendar Is very great, I am haPPY o°l serve, that very many of them appear to be of a nature COrf paratively trifling, and such * as,' had it not been for this coo mission, would have been tried at the ensuing quarter sesslom —Some, indeed I may say several, of these cases might bar been tried at the quarter sessions, the commitments having he early enough for ,that'to hare 'taken place. Such a proceediol would have been very desirable, instead of the CMIC beini brought to the assizes, because so many persons have thereb) been detained in prison lOnger than was necessary, the Fr' vention of which evil is one great object of the commission and I recommend to the Magistrates of this county to attend to this, and make their commitmellt so as that the cenr 3 e of adjudication may be as speedy as circumstances 1014 6 : mit. (Vibe nurnerous case's to come before you, there are, I trust, very feiv of an aggravated nature.; butthe great neither of prisoners shows how very itnportant and how very bel le. volent is the Act lately passed by the Legislature, t<hich is be carried into effect by the Magistrates. lam sure the MO' traces have attended, and will attend, to the wise and Important: and at the =Tie time humane provisions; for preserving i t' health of s uc h persons as may be comm i tte d to priscin l'Ou" rc t those or ose altflilasnothn th e a ir t r b e e g i a n r g d fi te h r e e r in e r= i : in o a f t of ed 7 l ; benefit c e t 4n l 1011 class the s s'rts l e e r e o s p b f. preventiona r t eg e t nid particularly y Se o t p rrt it yactoutoawhich eI allude. t d o tlr m ilas)tc . riinnt t ahvs l t hn t ic e brdeeerf x p ' r e laejtn r e i las c ct h ti n titco s ii teollo,Totlhifiug)t entlelle etoe the sinelp i ce t a i i rei e ;ne n et brsiooneuf greatertbC at the in s lit ch )' one tcry s i w i e a o r b i uli t t il o s h f c e:s a a U r l i g ' ) i superfluous; t s f t i ou l a cages r d tn l e b t r n o o a i r t y g at:tb-rteplferore:seu you almost a t n a d 6 the tt'hich it may be proper to say a few words. of time, for me to say any thing, s" it may turn out to be a question whether the crime of ulur " has actually been committed. If 'several persons go out to• gether, for the purpose of committing a capital felony> b ut nyt intending to cointnit murder, or homicide, yet if murder ensue in' the proseeution of the other capital offence, it is murd er one, and nntrder In all going out for the felonious purrog . mention this as a principle of law, which may be useful tor / in your consideration. There is another case, coming unde r very salutary Act passed in the late King's reign—of etat i l 'and stabbing, with intent to murder, maim, or do o° lue grievous bodily harm: To support an indictment under tha t statute, there must be proof of the pre-existence of s ack 1:1 n it t d h l e a re t , c i l s malice, as in case of the party stricken dying, would W e • constituted the crime of murder. If sudden heat of bloat arise, and sudden provocalion or excitement, or any 0016 . Circumstance occur, to show that in case of the death of the stricken it would hive only been manslaughter, that is not o b capital I ted felony,unadnedr thefhe your consideration, until to tiler inquiry into it be necessary; I shall a djourn the I' bills as Manslaughter, it will then be for yon to ticcide, whether .. fut. my lodgings, Where I shall be happy to receive such you may have to return:" inu s i . ) h t a a i r t c t ! i t i t e t w . h i e l anh committed t :c l d i a i s} ll eip:avcsetenwbtee°iutnsideolflin itirot Dint; s W i C e 177 0 1 1 71oi' C inia 0 1 a n irlirl i N C l : 27A l a r t t of r as cr e u intent ctasi: t siki o t e h len: t wti o nef:l,tl J. lNt o fl otc knife,atsi i e r ' l i c i t* " bodily harm. i f i a a c rni ts , of the case have appeererl more thsn once in Till: t b : a 3 a i l t. n r. o H ser u:t il er s , m a i s ie u h r:e f o l n ia , d o t f ak N en o. SUN. The assault took place in the Royal Sovereign Steatit, 83, then examined as to the nature of the prosecutor's wound. He eR harm had been sustained. trilon this evidence, aunt Mr. Justice PARK interposed, and told the jury they ,acquit the prisoner. The surgeon having' stated that thew ein i ' l ' i ; were not of a nature to produce any gritrynni b°, (lil Y he rd net Lordship. said be felt himself bound to say that the COQ nen , come within the words of die statute ' h the indict' on V was foitnded: The Jury ',immediately returned a verdict of Nct Ciliftg: to a Mr. Justice P.Aux then addressed time prisoner, anti lepi him 'severely. His conduct, lie Said, was most Sispic.c tu e tor s unpardonable; and he ought to thank God for his esci'p e n ' ip er the perilous situation in which his rash and Sangnia ar Y te te, had placed him. For the rou,liiidor of his days he ought „ se wtub place, and grievoui boday gratelnl to Proiidence for the fortunate turn which then'o, had taken ; for had he been found guilty, the law won° probably have taken its course. „ e Williant Collier was indicted for stealing at 4' 42 1 1 on. the 11th September, a sheep, the property Of Guilty. , . Jg • Matti,`. , ! Smith was indicted for breaking and cnte r , tl e dwelling of Mary Aim Pars, at East Greenwich , in t ' l to lio time of the 12th October, no person being therein, and various articles ofpiopeny to the amount of 30/. The prisoner was found Guilty, and judgment of Pe' recorded: METEOROLOGICAL JOURNA BY B. BANKS. rIIII.OIOPHICAt. I NSTRUMRNIT Mats - _ Thermo- f T Wcalllo • meter. ------------'-''' ------ . ttri to tr..: t ..., to .;.,..: ....0 = * ee . ' 0 NB C , 9, ' ~ ~,.; . , r P ..1 4' i 1: a .......--; • • rt .:4 -7 - pi , ?re. 9 0 1 0 ' ' in • 44 10: 35 145 35 .35 Fnir Do. Do. 17 0 . 11 44 149 35 .40 Vo. Po. 1 e 44 45 35 99.90 1)u pe. 1:i 37 40 30 30.00 1)u. 1/ 0 ' 14 35 41 BS .2 , 3 , no• P ill 15 40 46 37 .2.-3 .09 poi . ~, le, 42 43 42 .14 . f ,lll ` •01 0 e 0 , .09 of 1141 1 . 1. ,e, 47 3 0 33.40 Inch" Clap ;lad( le above eight da l o i. f str j e o e s t e , ph of l a r t F lie n L eh a u d rc y Brim's. .._.., star on the 16th inst, die wife of Mr. Dodderslgr ovit O tas n. ovr t i h 9n, e gt4Q l il l i t e h i: p All ison 13 ' Yeiterday, the 17th inst., in Vork•Place , ' ill of Vie 31AII.RIED. s a, pi" a s n °ll 7:ellE , r, Esq., of a son' s i i n n t a l t t ia l i e ce a c t ( o l 3 u r t i n i t t r t i y Y t, o n f i it S i da i e n n o la t f as nk t t e i r i , lllll:llP ::: i t At St. Mary.le.Strand, 3lr. C. M. Paln ier ? Mal P . wine-merchant , to Caroline, eldest traugt r ° .......,..-" Ea+, Allston. On the 4th inst., .......-------- .p, ile DIED. of 1,13' , A few days ago, Mr. Joscpli !!Ituthe ws, ~, pi iVavertree, near Liverpool ed 55 years. • 1 .006" ,ag .. a 1,41 of India, Lieutenant Hay Mudie.to f ilr .? i. 4 ea / 1 f At sea, on the 6th of August lot, in prof li re o 0 at her :IP ,a j ' a , 1 ~ • : c o . , the recovery of his health, after a servitude.Le,,,, ~,,p) , be 1.7 I A Majesty's 67th regiment of foot. bath, where Alci On the 30th ult., 'in his 3lst year,.at `t'• C• w here ired for the benefit of his health, l- • " 13, naiinghall-street Printed_and Published for the j lirrlCE, 112, lit„,d, osvki-