The Sun. — London, England, 1828-11-21 00:00:00

SPIRIT OF THE LONDON JOURNALS. The almost innumerable communications Which we have received on the subject of forgery, since the appearance of an article that we pub lished some days ago, upon the shocking dis crepancy between the nature of the crime and of the punishment awarded to it by the existing law of England, prove the deep and anxious interest which the question has everywhere excited. Mur der is rightfully punished with death. So we think is robbery, accompanied by brutal outrage : but we know of one other crime which ought to be so—one which, to a certain degree, shares the most atrocious characteristic of murder, by the use of violence , for the infliction upon weak ness, of an irreparable and fatal wrong. But for crimes of c ircumvention, we are disposed to think that the least appropriate punishment is bloodshed ; and forgerx is one of them, being distinctly of the nature of fraud. - No other class of tradesmen, besides bankers and money dealers, are protected from frauds by the gallows. It is as:sumed by the law of England that a pru dent man may, by the proper exercise of caution ii ,his business, escape the machinations of the swindler. The contrary instances are not so frequent, nor their consequences to so ciety so frightful, as to call upon the Le gislature to deter from the repetition of them by the sacrifice of human life. It is otherwise with crimes .against the person, where no ordinary degre e of cautien can defepd tiie helpless from the Cruel and irresistible out rage of the strong. There the 'arm of ,the law will justly employ what may be termed ifs physi cal power to the reinforcement of physical weak ness, which has not a mere worldly- injury to dread from cunning, .1)14 a mortal one to ap prehend from force. Human life (except in the case of females exposed to o140ge) is the only property precious.enough to exact this penalty of blood—and for the prevention of which the fe4l- . ings of mankind will, at the same time, suffer that bloody penalty to he resorted to, We need not dwell on the morality of the question any longer, but remark at once; as men of business, that capital punisinnent, tweeted -by lacy for the repression of forgery, is nosisi paved to be in practice an enceuragement-44 ,offence, not a chastisement; because juries .will-not leu4l them selves to enforce it. If bankers flatter themselves that for no purpose but to save them trouble society will consent to immolate even its unworthy meinhers, they have already seen,eno4l to 'un deceive them. If, -on the. other. hand,. tiae.bankers find that the only le* tfrsvhielfthey havelooked for protection is . ane — Which' ,lily.`: better 'knowledge and better feelings - Of. meiiiiinir have` as -cinn pletely abrogated as .if an Act of- Parliament had repeiled it, they, will begin themselves to cry out fo,l.Some more reasonable, and there fore less sanguinary. ,safeguard. We are con vinced that before the next Session is over, a large proportion of the banking interest will join their voices to tliose - Mto exclaim " Let us have some effectual security against this description of swindling," for in principle 'forgery is nothing else—" let us have a Jaw that men will . be dis posed to execute, and in their' efforts to escape *- from which the rogUes w:1 1 pes filUt in every mane fellow-subject an accomplice.' Ai 6 hor rible to think how many transgressors of what we may now almost denominate the " old" law forgery, have paid the forfeit of their lives, I though in their several degrees ofguilt there have been all conceivable shades of difference, from the darkest to the lightest and most pitiable. The unhappy man who was recently convicted on . the prosecution of- Sir William. Curtis's bank, ;will have his case decided by his'Thjesty ,next Monday.' . _As the jury has no further work to do in tins instance, and as there is no unfairness in an appeal for mercy, we must hint that the circumstances of Ilunton's case appear to us, if justly represented, such as would Lead the mind of a considerate Judge to hesitate at kW, before he advised the signature of the death-warrant , and that hesitation in 'such a ease would not be likely to terminate in 2 result unfavourable to the cause of sound policy as well as of humanity.— l'irrzes. _ 2 Domestic wheat, it appears, has now not only reached, but even passed that price at which the duty upon • the imported article is lowest. That which is bonded, therefore, will be let out, and we fervently hope fresh importations will take place before the severity of winter com- menees,--hefore the commerce of the North is i bound "in icy chains." It is remarkable that, after wheat reaches 735. per quarter,, the duty upon the foreign article is fixed at a shilling. This, indeed, is no great matter; but we cannot help thinking, and shall never cease from recom ineculing,that the revenue be consulted in the import duty on grain of all binds.' Let it be recollected that the principle of prohibitive duties has gong near to involving us in a war with America, and has a.er,slly. 'Plunged us into commercial hostili ties with .that. country, from which no .man can see Lis way .I .e.a r- riy. AdMit; under all ciatini stances of price a t 116 rne, foreign wheat, on such;: yield the gr eatest amount o f d uty; term s as will some agricultu ra l t ax b e re and n ot ord,„' )!lay n knitted, but L C and forei g riti4) wheat will not have to compete w ith ground stone. As the import duty cannot be lower than 4present, kind the bonded wheat in the cot-iatry is said not to. amou nt to more than 300,0 00 quarters, i t i s robable that the whol e may be brought into consum ption. But we confess we should bot, eve n from hence, look for a great reduction in the Market fromrice of corn,'unless liesh importa sions were pptly to fill upthe vaouurn.--/hid. ,The war of mutual exclusion, which .is pow %awn; in Ireland, is certainly a singular - pheno menonh 1 the• present ' • day ff we may credit . the papers N - :hich advocate the claims of the Ca tholics, and tin. statements made at a meetiu, on Saturday last, in Dublin (of which some ac count w ill b e found in another column), the lower order of Catholics ,has been long exposed to grievous persecution on aLleount of religioL,, which has been made a test to cit olify for curry ing a horse or cleaning shoes. How ,far Catho lics will be able to retaliate with to be seen. Something like the present pale. - cation of the lower Irish in towns has before , been w i tne ssed in Ireland. Leland, in his His tory of the Ormond Administratiou in the reign of Charles the Secord, say s , ~ It • was proposed to expel those P a pists from corporate towns,: who, though formerly excluded. had yet been licensed to return. But whatever had been the occasional indul,gences,o Government to this obnoxious party, it Was i:01 1 known the Eng. fish inhabitants had eontauted to the abuse they now inveighed against. II ley thems elves r: had received the Papist t i ...: sii into t o wns,,b,ePause they could not live without alms They wanted servants, tenants, and tradesmen ; the Irish fur nished all these, and were encouraged." What is there of cruel and impolitic which has 4,! ) t been tried in Ireland? Surely an end will at len g th be put to this system of civil. strife I Law . . alone, we know, cannot immediately extinguish irritation ; but all that law can do ought to be attempted.—Morning Chronicle. We allaided yesterday to the pamphlet of Mr. Badnall, on the Silk Trade, which is eminently calculated to rectify the erroneous notions which have been disseminated on this subject. Mr. Badnall urges the liberation of the inanufactu rer from his present thraldom to the throwster, and shows that independently of the objection able nature of the restriction on principle, the trade of the throwster does not require the pro tection afforded it. Where mere manual opera tions. are concerned, there is no reason for sup posing any great difference bet Ween the natives of the different countries of Europe. Hence the wages of the mere weaver are pretty much the same in every country of Europe. But wherever machinery is extensively introduced into any manufacture, the question assumes a new shape. Here not only a large capital must be expended on machinery in the outset, but it is well known that machinery can only be made ' end kes in order in countries in Vlllich the me chanical arts have arrived at high perfection. It was stated in the evidence taken before the House of Commons, when the proposition to export machinery was under consideration, that machinery could only be constructed advan tageously where the making of the separate parts of a machine Constituted a distinct trade—that constant improvements were taking place in the various operations, and . places which had once obtained a start in the manufacture generally kept a-head of rivals ; so much so, that though machinery was made hi Glasgow in considerable perfection, the Glasgow machine-makers were always three or four years behind the makers of Manchester. It may :easily. be inferred from this that wherever machinery is required, England must possess a' decided advantage over every other country. Hence, the moment the trade in silk was thrown open to competition, the skill of the country wass called into requisition to pro duce a better description of machines for throw ing. Mr. Badnall, who, we learn, is well en titled to speak on the subject of machinery, gives a description of the improvements which have already been effected:— " The improvements to which I allude," he says, " consist in the establishment of machinery upon such a principle that a treble or four-fold speed can be obtained ? and with an absolute saving of power. This mechanical paradox will be easily explained, if any competent person will take the trouble to enter a silk factory upon the old principle, wherein he will find every wheel composed of wood, except the driv ..ing wheel ? which - is in immediate contact with the fly ; and' every spindle of wrought iron '-reirolving. or rather reeling within wooden .shoulders, at the rate of, perhaps, not more than OW revolutions per minute. Let the same person then turn to a mill of recent improvement, where cast-iron gearing and the tin ryliecier af,e employed (as in cotton mills) in lieu of the wooden wheels end drum ; where the cotton or .woollen band is substituted for the broad leathern strap; where the accurately turned steal spindle is revolving within metal bearings, at the rate of 3,000 or more revolutions per minute-; and where . the clumsy' heads, which J)y their centri-fugal action are tbe greatest obstacles to an ,ncreased speed, can be dispensed with—and he will not wonder that some men have been found wbO have felt the neces sity of adopting the one mill in preference to the ,other. That such improvements aro not theoretical, eau easily prove to the most obdurate sceptic, by introdimint him, if he wish it, to men of capital, ex perience, and agility, Ow will practically prove the correctness of my nbserVatignse will answer the cross-examination further—Are our lise4ories then to become tenantless, and the Machinery in Mike' we have invested thousands to become Worthless? I Au& my reply is, moat unquestionably; unleis every means be assess X 9 render these factories and that machinery conducive to a reasonable individual profit, and to the general interests of the trade; for if it be not worth the tbrowsters' while to adopt tlee most approved and heneficiel practical means of meeting tlso existing cempetitiot4is Pete, can he a prudent policy in 'Government to protect ara4 lion him in a system whereby he not only cramps 1 the progress of a staple nsennfacture, but paralyses die best efforta of the manufaeturer," Every improvement in machineryforeea the whole of those engaged in the trade in which it is used to avail themselves of that improvement, if they do not choose to work either at reduced profits, or at a loss. Governsifsmts, amidst all their mistakes, have never thought of preventing improvements in machinery, because the cap.: e ta" invested in the existing ina.obioery would thereby be rendered unpsoducttve. Every man who sinks capital in building or machinery, sloes SQ W;t 1 ) the knowledge of the risk to which the invests ment is subject. It was not necessary for the case of the silk resninfacturer that lie should establish the possibßity ,of constructing machi nery of so improved a dentiptiop as to enable the British throwster to beat the frA/Ich and Italian . throcvsters. It was enough for fihreto say, if you subject me to a competition with feedigners in the home triasket s you must place me in a :Mate of dependence on oilers with re spect to my means. But the manufacosses is enabled to do more than he is strictly bound to , ,do—lie can spew that the machinery for throw ing has been so improved, that the .throwster can, by ;lie.?!?s of it, stand competition with any foreign rivals. We stated the other day that the price of weaving .:,ills must be regulated by the general price of weaving throughout the ,eountry, as the'workman could easily be trans ferret?, from one article to another. *ld that Mr. Basil - a coincides with us in this opis nion We may expect,'-' he says, " that the pri po c r es li oj na z ; avine silk and linen will gradually ap indeed, the weav,eys of fine mus bliss in Laneashire, having been fouissl capable of weaving the lest articles of plain sitis,'hase alternated from one gni' vlovment to the other, u ntil prices betw een the tivotras s es' s are gradually finding one common A Circular has just keen issued from the War o,fs ce , which has occasioned a eonsiderable stir • in the i--44itary world. It is addressed by the Deputy Secrath.ry at War to all Officers receiving allowances, requiring hd sshich is sent .to ei ther ri4educepd.arotircuriaert:Acolf tir , s 0 insure a t rue and Puns:is-41 thesis to tra nsmit, in a fora{ them, weer - slices and situations ands a!son cis Adpled, that; in case of • answ er, an intin iu such case e it s being received, . lost , ,dosibts be en tertained of• rty Rein allye! For (i r . die the reduced alloWS.lnce . the pa I sus-, pended till the trail already afloat as to the good deal of conjecture sicced Of the returns. motive_ which has led to this 111C,3.50 , re. , selves we entertain no doubt but tusi ii is,wisely meant as a prelude to a thorough investigation of that enormous " dead weig.ht" of • uch through which the country has of late years heara SO means of 'the •fagions hoots pot s soli enle to which it gave occasion. There is no doubt, we, believe, that great abuse has been prartiSed under this Lead, and that instead of being a reward for services, svhi,ch would gradually Wear out with the lives entitled to st, at is likely, as at present 41,14.5 ed, to become a permanent burden to the country, and to devolve upon ptraom .01,2 have seen no service, and earned no other claim to it than by mere purchase, and not always even that. •We should be among the last to advocate any breach of faith with those who have just claims upon the country; but, on the other hand, to give reward where no just claims exist, or to allow of the transfer of what ought to be a personal annuity from one life to another, and that, generally, from an old and infirm one to one of health and youth, are abuses which we consider the Govern - merit would act both wisely and justly in instituting an inquiry into ; and by putting an end to such an abuse if they find it to exist. What would be thought by an heir, whose ancestor had left his estates • saddled with allowances •to all his old servants, if they could transfer their claims to new comers, and thus perpetuate what was meant to be a temporary burden ? And what would be unjust and pre posterous in the case of an individual is t less so in theacase of the public. It is quite notorious that half-pay has been again and again purchased as a sure advantageous investment of capital, and is, as such, enjoyed by persons who never so much as put on regimentals, or ever intended so to do. The Circular in question will bring to light such instances as these, and, in separating the corn from the chaff; will enable the Govern ment to do justice on the one hand, and prevent the-country being duped, under a show of it, on the other.—Morning Herald. The exhibition which the Catholic Associa tion has just afforded of its character and inten tions, ,by agitating the question of exchisiye dealing, must convince the public and the Le gislature, if They were not convinced before, of the absolute necessity of suppressing that lawless and abominabhsmbination _,against the peace: and welfare of their country. The.A.liat ex elusive dealing on the part of thecgittoliea' would only be a measure of retaliation is ridicu lous and absurd. Those WhO urge ,it can find no other ground on which to rest the imputa-. tion it conveys, than that some Protestants have been found to prefer Protestants to Catholics as domestic servants. If other:grounds could have been found, we may be quite certain that the agitators would never have selected this. This preference is too natural to form any just ground of complaint, since it is evident, that of two ser vants whose merits are in all respects equal, Cue one being a Protestant and -the other a Catho lic, the Protestant must of necessity be the bet ter and more agreeable servant- to a Protestant master, and the Catholic to a Catholic master. Nor has this preference, natural- •and bh.r ne l ess as it is, been very generally manifested.— The instances of it are individual and,isolated, affording no pretence whatever for even the suspicion of system or combination.— The object of the Association in theagitation of this mischievous measure is not, and cannot be, to improve the social condition of the Catho lics, or to punish the Protestants for any social misconduct, real or supposed,' towards their Ca tholic fellow-subject. To imrgine that these are their objects is to impute to them a degree of ignoranpp and stupidity utterly inconceivable, It is impossible they Cad be sp ignorant car s; upic as not to know, that in whatever degree their dia bolical project succeeds, it must injure, Catholics to a much gteater extent than it can injure Pro testants. What then is the object which we are compelled to conclude the Association has in view ;7 We must judge of their motives as we judge of the motives of all other men who are not literally idiots or lunatics, by' the obvious ten dency of their. acts. And judging thus, it is impos sible 4) 4ypid the conclusion that_iliey intend to 41.14 re the wflPle lower orclier of .Catholics, that they 4=tstrta to render. their couditioil than-it is ;. that they intend, by_yi*ans of this process, to em bitter still further their discontent, and in flame their animosity against ail pv g estants atu,l 41. Protestant institutions—that they intend them to beconw desperate than they now are, and better prepared for F i tespprate remedies and iissperate efforts. This appears to us to be the only ratioual explanation of the conduct the Association is now pursuing. We firmly believe it to be the true one. And is this, we ask, a body of which the existence ought to be tole , rated by tl e British Government ? Omitting altogether the important .considemtions of injury anal danger to the public peace qild welfare, it is due to the moral feelings, and the correct and tirwitiated taste of the great majority of this high-spirited q.nd generous nation, that it should be spared the disagreeable sensations of disgust ;n4 antipathy, which the cowardly and malig nant miscreants of the Roman Catholic Asso ciation mus,t necessar i lly excite, so long as they are permitted' to pursne their ca rp er of infamy and guilt.—Mortiing We beg to point the attention of our readers t to the proceedings yesterday at the first election 1 of _candidates for admission into the Licensed Victua&rs'‘As*x,q. Little more, we believe, than two years have el4ge4 mice the idea of such an Institution was first sugg4ske.d ptl acw sufficient funds have been procured, not. only to coi-siilete the first portion of the build ing, but an 'election of twenty-two candidates has actually taken place; who will he comfortably lodged in it in the course of a few weeks it is Akcct grateful to witness such zeal in the cause of beneyol,z24c,c ; and little less grateful to perceive that those whose Axestions may be said to be more immediately engaged in 0)4 of different institutions, can co-operate with so much ardour in behalf of one. The striking example of eordiality and co-operation which we witnessed yesterday lietwp.eu the Trustees and Committee of the Licensed Yie‘tYlalier. B '' School and the Governors of the Asylum, was ' most 4,onpurable to both, and affords the strongest.pletke„ti4 under their fostering care both institutions will me4t sv : kh gc zealous sup port which they deserve.—Morni4 Advertiser. Frgin the ,notice; ,notices clready announced of intend ed•. • {,.. applications to ?arliament for additional supplies of g as and water 4,¢ f,ontlori, the pitblic, may expect the pav ing in the streets to ihe diStollied FroMone . eral to another, should Parliament consent 4 , their numerous 0111eS0. At present, there are no less titan ii,ve gas cOmpinies who will compete, some of them at lit) per gem . , A:4er the saa al prices. There are also two or three water eons , panted, LitrdlW.Q,kicPnsive:lines of new sewers to be built in different places. CIIARACTERISTICS.—TWO '&11644,p have x*p.:l place at Versailles within a few days of each other. The ek,a .wa.s c.an . pd by love, the other by gambling. The lover slot 134'54 ip out from the mansion of his mistress, Ow Lad des:Laud that be renounce all hopes of her heart or of her hand. ilia last wroirb were; 'F Clie shall not refuse me again." The patter, a yoxiiig %man, a student of medicine, killed himself, tift2r quitting the mansion of a restaurateur in the rue St. Pierre, where lie had a Cearty dinner. His last words were, "I shall never dine again."-:.4"reneic Paper. When the body of GirtHANt, true footman at Bath, wh. , T inur4ered his fellow servant, was titken to tits Bath unitqo hbspitnl ,or t 4issection, the skin of the thighti, 4e, VPs carefully :taken qff anti ante: wards tanned, When i t .was distri.lAuteeathongst surgeons and others efionnisnielecdte'd with the Hospifr ,, ..., as , - th t e hts a p t r h e e r r o e, 4 , ip tte ii in i u u r s dc a rr o ' . t . I the soles of boots and shoes, and about the same 20i0i4r. skin appears as thick LAW INTELLIGENCE. COURT OF KING'S BENCH, Nov. 20. (TRIAL AT BAR.) ROWE V. BRENTON...-..DOE V. BRIENTON......THE SING V. ROWE AND BRENTON. (Continued from Yesterday.) Mr. BAKER produced an examined copy of a charter of the 15th year of Henry 111., dated iu 1231. It gave to the King's brother Richard, Earl of Cornwall and Porton, the whole county of Corn wall, for the service of dye knights' fees. Mr. Illingworth then produced examined copies of a commission, issued in the 2d year of EdwA., for the purpose of ascertaining how many manors there were in the hands of the Crown, and also the returns of the Assession Court made to it in the 4th year of the same reign. It appeared therefrom that the manor of Tewington was then terra legis, and valued at 20/. Mr. BAKER said that he had searched the records in the Tower for the inquisitio post ?no/lent Edmundi, but had not been able to find it. 'The SOLICITOR-GENERAL then said, that the way in which he proposed to give secondary evidence as to the contents of this document was this :—Among the records of the Court of King's Bench belonging to the 9th year of Edward 11. was found a proceed ing in the nature of a writ of right by two members of the Valletort family, who sought to recover two manors belonging tO one of their ancestors, which had lapsed into the hands of the Crown. The question had originated by petition in Parliament, and it had been sent down by the King to the jus tices of that Court to do right therein. The Jus tices of the Court sent a mittimus to the Chancellor . for the inquisitio post mortem Ricardi, and also for the inquisitio post mortem Edmundi, Richard and . Edward both having been Earls of Cornwall. The Chancellor certified to the Court that the first of these inquisitions was lost, and sent to it a copy of thecond under his ; e_gnet. It was thot, copy .-tvlsiels Of'prOitd to read. Mr.l3nOtlcnAm said that he did not object. Mr. Blingworth then produced the copy of an ex tract from the coram rent , rolls of the 9th of Edward 11. Ile had taken it from the Chapter-house, West minster, where the early records of the King's Bench are kept. This inquisitio was read in order to show that all the assession manors were held under the same tenure—that Tewington was one of those manors—and that the tenants were mere conven tionary tenants. The next documents produced were grants made in the reigns of Edward If. and 111. The first was a grant in the year 1307 (Ist of Edward II.) to Pierce Gaveston, who married the widow of Ed- . mund Earl of Cornwall. In that document mines of tin and lead appeared to be first mentioned. The next was a grant in the year 1318 (11th of Edward II.) front King Edward to his Queen Isabel, giving to her the right of nominating. the Sheriff. The neKt grant (wino 1332) was from Edward 111. to his brother John, of the honour of; Cornwall, and various possessions, including the manor of Tewing ton. The charter from Edward 111. to Edward the Black Prince (wino 1338), creating the Duchy, was next put in • and then followed various other docu ments establishing the Duchy title. The admissi bility of many of them was strongly opposed by the plaintiff's counsel. It appeared from some of the documents that a distinction was made between free tenants and conventionary tenants; and the latter were described as liable to serve the offices of reeve, tithing-man, and beadle. . Mr. Harrison, the Auditor and Keeper of the Records in the Duchy, produced an assession roll of 7th Edward 111. The plaintiff's counsel objected to its reception, because it was not shovn that the Duchy tenants were boon(' to attend at the Asses sion Courts. To remove this objection, the Attor ney-General put in the Parliamentary Survey. This document contained lists of the tenants of the Duchy manor, the leading descriptions of which appeared to be 't Free Tenants" and f' Conventional Tenants." The holding of the latter was stated to be " to them and their heirs for ever, in free conven tion, from seven years to seven years, according to the custom of the manor." It'aplieared that, by the custom-of Itus-moner, the Assession Cowls Were to he held septennially, and the tenants were required to attend at them. A memorial from the tenants of the. Duchy manors, sent up to the Assession Court, in the time of Charles 1. was the next document put in. In it the tenantsAmplained that, contrary to custom, the septennial - courts hul i 'tiot beVtr.-..holden for the purpose of receiving the' it and service of the tepahts, and Krttr!tipg renewals of leases tp such as, by their tenure, were entitled to them. They therefore, by the memorial, desired to record that they had duly tendered their suit and service. The documents having been read, the Assessiop Roll of the 7th Edward 111. was again tendered in evidence. The plaintiff's counsel renewed their opposition to its reception, but the Court, after much discussion, admittCd it. doenmptit appeared tp he a re. turn made by certain commissioners of the Puchy, showing the limited nature of the tenure. Several other asses Pion rolls, and some ministers' accounts in the time of Edward 111., were put in, as confirmatory of the preceding evidence. At six o'clock the proceedings were adjourned to ten o'clock to-morrow (this) morning. The case will occupy at least two days longer. COURT OF co4lsiply Fp4s, Nov. 20. TAYPOR. V. LAWSON. Mr. BUSBY opened the pleadings. Mr. Sergeant ANDREWS, for the plaintiff, ob served, that this was an action against the proprietors of the Times newspaper, for an article, purporting to be the report of what had occurred at a police office, in which the mane of the plaintiff had been very unnecessarily and iMpropeily introduceu. The plaintiff was a respectable man, and had 'been for a very long time the constable and headborough off St. Luke's ; he afterward; went into the parish of Is lington; and a nurnb;. , T of the inhabitants of that parish having Certified in his 'favou'r, he became act ing constable there. The lib Of which he' now complains imputed to him, that in that character he had upprelierh 4 ad a man named Walker on a charge of bigamy; had'ii6eii, With the other witneFsps or the prosecution, atiendink 'at 'the Old"Bdiley's and had then, in order to defeat public justice,' kept out of the way one of the witnesses whose testimony wa riccessail , to support the charge. The fact was thisthat The trial i had proceeded ; and by one of those accidents 41lieh' he . Sergeant 4 ritbe wsy, in his long experience of 'Crittiinal 'CoUrts; . lifieo not unfrequently to occur, the prisoner was ac twitted for want of the appearance of a wit- Aess - against hin;. lu proiecutions for bigamy it was usual, though 'Joe Alw4is ilpi4os'ev, to Clay.e the parish clerk to prove ihe and it 1140 , .. pened that on this occasion that witness, although p ,- e p e7 l 7 .spintrionetl, did not attend. The Jury could, however, easily ae%unt for his absence, when they 'recollected the diifids had to perform, acid the l ieceSsity of his being present, at different• hniiirs'in {he day, o attend to 'Marriages and'burials.'• That witness had'ißie fieen iikes'ent in Court,' and the' pri soner was acquitted. A feW Weis Wier itie'rrial at the Old Bailey, the prisoner'S wife, attended h`the p a rish Officers of S t . J ames, Clerkenwell, made an . aPPli ' ea* tit 1 - Pt - on-garden Police-office; and on 'the 15th`of 'April •Pfiil r ga thi s gr p f isly scandalous libel, impu I, 'graVe OffenCOting' stated, not, he admitted, as of the PaperYown sug- Vo' ady gOt,i&P„b „ Lit . as. having been already impUted to the dp — tailed - accohnt of the Report, and i Pi i : r i e nt:f en -a t it n he o, tole . coilice. The Learned Sergeant then observed that the hitro — apptiOd Of firth cht*ge against the plaintiff was at best irrelevant. lie was represented to be a man who had been guilty of a grows gr t d scandalous dereliction of his duty in a matter in`whici) his rnisgonduct could affect the due course of public justice; and • when s i uch 'a charge appeared against himin a newspape'r, Wet impas sihlc he' could' do . less than come into Court and ask all 4 :iqihr'he Oat to suffer under such a stigma, or whether he did not deserve compensation for its having been thrown upon him. The Proprietorship of the Paper was admitted. Mr. Benjamin Turner, from Somerset House, pro duced the Tines of the 15th of April. 'I he alleged libel was then read. It described that Mr. Scott, one of the Overseers of the parish in which Mrs. Walker (the wife of the prisoner) re sided, had accompanied that person to the office to make a claim on behalf of the parish against her husband, for an allowance for her maintenance; and in the course of making that claim, it represented that it had been stated to the Magistrate that Walker had been tried at the Old Bailey for bigamy, and had been acquitted through the plaintiff 's keeping the witnesses against him out of the way. The re port principally related to the claims of the parish ; and the matter-charged as libellous was only inci dentally introduced. This closed the plaintiff's case. • Mr. Sergeant WILDE said it was his duty, on be half of the defendant, to deny the publication of any grossly scandalous libel, such as had been imputed to him. The question for the Jury was, whether Newspapers had or had not a right to give the public information of what passed in that and other Courts of the same nature, or of a subordinatejuris diction, provided that information was correct, and was given without note or comment. The great advantage which this country possessed over others consisted in- the free publication of what passed in the different Courts of the kingdom. By means of such publications, men heard the opinions of the Judges, on matters of law; they were warned of frauds that had been attempted or committed, and by such warnings they procured safety and protec tion for themselves. When such appeared, as it would, to be the general character of the publica tions of this paper, he thought the Jury would agree with him, that the motives and conduct of the Editor Were entitled to every favourable consideration. The account given in the newspaper he should prove to be a most faithful report of what had oc curred. The Reporter had thought the case worthy of some detail, and he (Mr. Sergeant Wilde) was of the same opinion; for lie believed that the publica tion of such cases, would he of great service, as they would teach constables, who, like this plaintiff, Instil' undertaken too much, and performed too little, even. of his common duty, that men mightaot always he deceived with impunity, but that sooner or later such misconduct would meet with the punishment it deserved. In this case the plaintiff had neglected his duty, for it was his duty to have seen that all the witnesses were in readiness, and that.they were prepared to attend the Court the morneat they'were called on to do so. He had not only not done his duty, but had been the occasion of others neglect ing theirs, for the witnesses were all,_present, and would not have quitted the Court but at the desire and solicitation of the plaintiff; and it was owing, therefore, to his misconduct,,that the prisoner had been acquitted. The defendint had made inquiries which satisfied him of the truth of these things, and he had, therefore, felt it a public duty to come into Court, and put this defence upon the record. Mr.' Charles Spencer Owen produced the copy of the indictment and acquittal of Wm. Walker; he examined it with the original. He produced two certificates of marriage between WID. Walker and Anne Grover, and William Walker with Anne Williams, Mrs. Anne Walker, one of the wives of . William Walker, - proved attending at the Old-Bailey for the purpose of giving evidence against her huOand, on which occasion the witnesses against him were kept out of Court by the plaintiff, Taylor. Mrs. Walker afterwards applied for redress at the Hatton-garden Police-office. Mr. Mallet—l am one of the clerks at the Hatton garden Police-office; I remember Mrs. Walker's application ; I have read , the report in the Times, it contains a true report of the general facts that ap peared before the Magistrates, but with more than What appeared; I think one of the witnesses began to state that the witnesses at the Old Bailey had been kept out of the way through the manoeuvres or practices of the , constable, and the name of the con stable might have been mentioned; I think it pro bably wap,„lput,l am not certain.; I think the ge neral statement is fairly given, but I do not recol, lect the dol ; it may be, that I do not recollect all that passed.•• John Scott- -I attended at Hatton-garden Police osce in April last, on behalf of St. James's, Clerk enwell ; I have heard the report read in Court this morning; the substance of the report is something lils,a what 4cualt place, but Taylor was not mentioned in rny hearing at all. This was the defendant's case. Mr, Sergeant ANDREWS replied. Lord Chief Justice, BEST proceeded to sum up -the ease to the Jury. He observed that it was an action brought by the plaintiff Taylor, a constable of Islington, against the proprietors of the Times newspaper, for a libel. To this there were three pleas entered, first, that the libel was not published, bet upon that it would not be necessary for him to say a word; the next plea was that it was true, and if the feudan ,l ts u . ry T be h l e ie re yed ‘va t s ha, they another t w p o le u a ld find fa , that ti r t thede- was a correct ,report .of a case which had occurred before a Magistrate; upon that plea he did not feel himself called upon to offer any remarks; it was not neces.. sary to the present record. There was another case on which he should before long be called upon for his opinion elsewhere, when that point would be decided, and until then he thought it unnecessary w moot it in this stage of the present case; leaving, hawever, the plaintiff open to take such future course upon the paint as he should be advised by his Coun sel. The plea, then, to which he should confine their attention in this case was, was the libel true? In a criminal Court that would not be a question for the consideration of the Jury; but in a civil pott, where a 11140 bropgbt Ilia action car in jury done to his character by the publication olsome thing which he was alleged to have said or done, the defendant-was allowed to prove the truth of his allegation in bar of any damage claimed; for no man could be allowed to ask for compensation i'or an alleged injury, 'when 'it aroie out of the pub. lication of that which was his own act. His Lord ship here read' the alleged libel, and also the fadefend- ''That T 4 :et 11 tliht h plaintiff' Tayl or a ft, F'.Pt'P P Illea of justifi ca tion op the e gro nncl of it s knowingly and unlawfully, kept back certain wit.i nesses, who were to appear against a man named Walker, for the purpose Of procuring his acquittal. Now one question was—was this keeping back of he witnesses done in ignocance,or with tO shouldthe titit believe he benefit the ft ° r f in tl e i t r, iii th tl e il y t). N l v e b m itl a Z v i e f t tt e e -P u la r of it, and find for him ;' but if they believed that 'it was with the view of acquittal, for that was the l f e called s t de fendant's plea, they would find for the'defendant.—.. . , Jims t.Qrdscok WM; t l l p f4os . proved, par ii, bultifly on' the plaintiff` haring stated' i h nt e h tenheewm witness C o r o n u i r n t wg ; molten a : st hnaott nesses, in the lo o ‘i a e cni r 9e h s a e l prove the mirriitge-register Ittll his ;ya t tt a rCh k i eae i nl n ati g eraod: t te h l'ell ahem to prove ft er wardi tO publi 0 -It butte, oh the assurance that he would watch ; and on his send ing for them, declaring that they we r e w a n ted, and tlien, when tney cattle to the, Court, statint that they were 'to' kite,- for the trial 'Was , wick- -+ fact which, his Lordship observed, he must haVe known two hours before, if lie had watched the case, as he d pFprpiscd ie witnesses to do, These, his kordshirninierved, were all strong circumstances i ll proof or ' the 'fact . thaatlyWr had 'oontiivek fruit sinister motives, to 'keep the witnesses out of the way. But there was a still stronger proof—and that was'thp cOnduct of ' the plaintiff with respect to Mr. 'whosename the 'Jury had so. frequently heard in the . f;onrse''pf f fre 010, Tht 4tiry heo , he er d of the great anxiety of Mr. Taylor to remove all itri putatien from his character. If he were so anxious, why had he not called Mr. Manse ? Manse, it ap peared, was his friend, for whom he had received a sOvidreign as a kind of fee for his assistance from the proSeeKtors, and with whom he appeared to have been y i h n a d art h i e ve n c o r b m ee u n ni c c a a l t l i e o a n ? thr l o t u % g v h as ou n t ( t )t he an c iV ell e s ' that he was dead or h a d l e f t t h e coun try, or tha t could not be found. It was th e d u ty of the pial l ' fot to have endeavoured to find him, or to accoun t ..., his non-production ; but nothin of that kind t Ai of and the Jury must d raw a ir- inference far ° by no means favou r abl e t o t h e p l a i nt iff' s c ase- o f his alleged expression of sorrow when he heiuu b i l the acquittal of Walker, it - might be taken iu favour, if it were not met by other and much atnj circumstances. If, on the whole, the Jury o , to believe that there was n o f au l t to b e a ttribliPr o, Taylor—that he had acted from ignorance nr tentional neglect—they would find for him, t o such damages as they thought s would satisk oe justice of the case; but if they could not reconcile. lP parts of his conduct to which he had alluded, l'Obe honest intention—if, in short, they believed tbi t i o acted with a view to an acquittal, they would 4 , B l for the defendant on that pl ea . Th en, as to the plea--that this was a correct report of a case is „ f r had occur re d b e f ore a mag i strate -- t h e J ur y l 7 o posing th e y cou ld not ma k e up t h e i r minds alipt first be necessary e ; ee b e f Jury aun i rrdyy thhoi they should,es refer ee Lordship fe ar pt appeared et a h w ee h ddo y it i tdhe not oV d i spo s edl ep ld l arsot. c p oe r ec o dob cons Is / gether, Itir Iv T ne h d round in the box, and after consulting i F is moment, the foreman said thatthey werengr7o their verdi c t as to t h at plea ; that' they follo' fr the defendant, on t h e ground tat the allegatie! specting Taylor was true. The LORD CHI EF J USTICE ( a dd ress i ng t he Ofy sel for the parties)--Then I think it will j)g better course to discharge the Jury from A" on the other pleas. Mr. Sergeant ANDREWS said, he had no df or ip . tien to urge any thi ng aga i nst hi s L or ds wishes. , .7 4 8 Mr. PLATT submitt e d t h at t h e ver di ct 0.-- he plea of truth being in favour of the defendail . , , was entitled to a verdict on t h e ot h er p l ea , VP , '" W" a correct report. le LlOnr. (THIEF JUSTICE could not cOli ed, r he could gohutt a h :o a t l , le a ga rte ti r o w n h res at Pe'li rtit Tayior e calf nce; say to the Jury that the whole reportl t scr exact in other points as to bear 014 t h e plea it was '"a correct report. .or - After a short pause, in which the Court was `cupied with the mention of some other Cause, •4J Mr. PLATT mentioned a case in uhich the Pr, Chief Justice of the King's Bench had held, similar finding by a Jury, the defendant vies e utir: to a verdict on the other plea. 1. 11 The LORD CHIEF JUSTICE repeated fiat thought it better to let the Jury be discharged:s , finding on the other pleas. He did not think was exactly the case on which the question a s too justification of a cor rec t r ep or t s h ou ld be raisel,oi it was the less necessary as there was another;‘, now travelling to the Exchequer Chamber, in or the House ofLords,in which that point would: So So fully before the Judges, and in a more perfect i re than it could assume in the present instance. ever, if it was desi re d, h e wou ld put t h e ot h e r?' to the Jury. f „ i s Mr. PL ATT —M y L or d , per h aps the Jury be disposed t o fi n d f or t h e d e f en d ant on the plea, as to the correctness of the report. I sha ll The LORD CH I E F JUSTICE—WeII, r net- to them , but at the same time I shall feel it my co r to tell them that I do not think it is exactly a rect report, so as strictly to bear out that plea. ai o The original finding for the defendant, on the that the statement respecting Taylor was true► i o r, then recorded, and tfie Jury were, by consent) charged from finding a verdict on the other flea: • the Iti s population state d ia ty in a c n reas in ed tel m lige p n er t cen wri t te , r t , h t e h i t or il l o o ll : have extended to upwards of 220 per cent. ' ill' mit' The three .ottutiate ppramts w h o irpre "-- f jured on Tuesday by the explosion of gas a t Covenl4 Theatre, and taken to Middlesex Hospital, were last all doing well. .SINGULAR Hum ANI Tir.—We - • retneinber:d amiable enthusiast, a worshipper' f Nature after the niP . ll of RoussitAti, who, being melted into feelings of unity' philanthrophy by the softness and serenity of a 6, morning, resolved, that for that day, at least, no it 2,01 animal should pollute his bo ar d ; an d h av i ng recorde d vow, walked six miles to ga i n a hamlet, famous dinners, where, without an idea of breaking his i seOzi engagement, he regaled himself on a small low", crimpled cod and oyster sauce.— Quarterly Review:. PI VARYMAN, THE EFAHLTEH.-4S _0 not - appear that any clue has b e e n obtained to the:A which this person has taken ; but it is wortlity. of that he makes the fourth person in the same : -0 54 0 within a few years have become defaulters to very, "', sy able amounts—a fact whi c h c l ear ly s h o w s e ith er . f ., " system is a bad one, or that the heads of the o'' monstrously relax in their dot)* Mr., VILLIERS, if rs member tight, was found deficient some 50,000/ 4 #4 which he was turned out o f office. Mr. Twranis ~ t ok sconded to .America with 18,000/. Mr. SIJ4IOSI Il s said, was minus 10,0004, on the discavew of tillie . ' k '' shot himself ; and, notwithstanding these ci 0 0 Mr. PERRYTIAN is 90freted to possess himself of ,R? to knows how many, thousands the Public- money`, 'II? decamp with it no one knows where. It appears t ,i ,.- 14 it amount stated in our paper,of yesterday viz. 20euv, Ibe by no means the extent of the loss. It was on . 00 4 first discovery of his delinquency that this deticiroclo. ascertained, and we are sorry to . learn that further it':,," gation has proved that a far greater sum "ieMains ,y counted for. PERRYT IA N lived at C a mberw e ll, vrbe'hii kept a farm of 90 acres, and there was, nothing is ,,. general conduct to create suspicion.. it is,thoss'erlef singular fact, that a half b r oth er ofjtis became a def'o l to Government, and was confined for years ittAPS O 7494 Prison. The means of committing this, fraud were al i ,, A ei by the cashier havin g ( very foolishly ; we thin . 151 ,11 4,04 blank cheques, le a vi ng th em in the livid% gf r ), I.V : ' ( O his assistant-clerk, w h o has bean in the Navy Pay yi 01 nearly SO years. f u p erson th e fugitive is , short,' an,d rather a dimi nu ti ve figure; He has 'a sharp intel b r eye, and is of goOd address. —. Morning Paper. ______.ooo BIRT}IS. P. On the lath instant, ni Duiviieh, the lady °fate P . .lohn Butt, of a soli. 10 At Pevonport, the lady of Lieutenant Jolla OW Villiers Molesworth, of a daughter. MAR Ft .IE4 sh e On the 2d ult. 4 at the in B4rliadges,, 7, 0 1 ' y I . leraf)le ArchdeaconTh'cupas . i.euis, Wrs 01 son . of the late Admiral Sir' I Thomas Louis, 'ffa rt iiot Erizabetlibrasett, second daughter of Forster Clarke, of the Garden, in that island. . 4 0 0 At St. Matthew's, Brixton, by the Rev. R. Cutta l f di John Cracroft Wilson, only BOR of Al e xand e r Wilsopt of Montague - square, l a t e o f Igadoos, tO 14* e daughter of the lite Ihoinas Heieford• On the 111th inktaint , it St: Andrew's, Holborn, IV pi Rev. G. Beresford, Mr, Joseph Orlibar Cottingbalitt Peter's-hill, Doeters'-eommons, to Anne, third t #o. of Mr. Samuel Archer, of Kirby-street, Hatton-V.4h On the 19th instant, qegr g es ftobert Urlstocr , Eg4Al Ilrthimote-park, 'to Mal ,- `" datighter of Joseph Twine Ilainsbarg,' Esq. of Wilts' t or On the ISth instant, sit Maty Magdalen's, Taig sf y, Me. •J. B. , North; wine -merchant, Tawitop, to eldest•daughter Of Mr... Willie!, pi. tite same place, sh e • Ou the'ltith tkidekirk, Cumberland, bi n of Rev. •Joseph Ballantine Dykes, 51. A., John, secondlol John Marshall, E sq . M.P. f or t h e county o f . I ' o 4 Mary eldest daughter of Joseph Dykes 13allan in9".. - f . E5.4'.• of f4ayentfy, !:- r ' • ' 140 On the 17th instant, at his house in Fen-cou.4 eoh he had resided nearly half his lif e time, Thomas . 1 0 11 ! • Esq. in the 80th year of his age. • tie On the 20th instant, in Illarpur-street, Queenliges - Riehard ' Davis Cheryl., Vie . 4oth yeaeof, ll ,.• after a prbtraletid inners tif IlvelYears. ' On the 15th instant, at Richmandi Turner, daughter of the late Rev. William Ili 113 e" Lorton, Somersetshire. On he 14th instant, at Grelnwich,,Mrs. Jeans/ of the fate.o#l4toailt7c , CtiollPl liegingt l 4 'ULM% °f 37th Foot, ' ' . • , ,i"' On the Sd instant, at Gibraltar, a tLe fever, lamented by his numerous family,, Mr. William HY aged 46. ad v PAINTED and PUB LISHED by MURDO (Irma, SUN OFFICE, 112, STAAND: LoNDQ'. T o ' 4 .qt, a S am • sari Ofte e . ,! 4 1 be 4 4 ,k 4,. the beb `~ .ROY ~~ :1 1 qotie, Ty, Of w h 'OM 1 4tUrz Th, Ligh t 'eau), 4 40 , 44 8er but ti 4W( bed laelii %Tc and eit o , ttir]