The Sun. — London, England, 1819-07-09 00:00:00

PARLI AMENT. HOUSE OF LORDS, JULY 8. MISCELLANEOUS. The Irish Insolvent Debtors' Bill was brought tip from the Commons by BROGDEN- and others, and read the first time. On the Irish Appeal Cause of O'Grady v. the Attornev-General., the Loan CHANCIILLOR Ated coincidence in the opinion of the Learned Judges on this case, observing, that in his hum ble hut clear opinion, there was no error what ever iu the judgment of the Court below upoh the case or in the decision of the Learned Judges. When any Noble Lord was present at the hear ing should he in the House, be would move the affirmance of the judgment ; and Lord REDRS DALE very shortly after appearing in his place, nioved that the judgment be affirmed, ‘chich was ordered accordingly. The l'late Glass Duties Bill passed through it Ciimmit tee, and was reported. On the question for going into a Committee on the Scots Chinches Bill, Viieonnt MeLvlt.t.h rose and stated •his rea. inns tar deeming it preferable it should he over for consderalon nntil the nex.t Session, and moved that the Bill be committed for that day three monlhs.—Ordered. T 1.4 Earl of RossLYx presented a Petition from certain Protestant Dissenters of the town of Ken dA, praying for certain relaxations with respect to the present Marriage Rites in their favour. Lord AUCKLAND presented a Petition from Lientenant Beckford, of the Royal Navy, similar to that recently presented to the other [-House; stating his length of service, wounds received, &c. and praying for some relief in consideration thereof. IRISH STILL FINES BILL. The Earl of Livettroot. having moved the Order - of the Day for going into a Committee on on this Bill, The Earl of BLESSINTON presented a Petition from the County of Tyrone against the present 'system of Still Fines in Ireland, and praying such relief as the House in its wisdom should de em meet. The Noble Earl took the occasion to snake some remarks upon the subject. and refer red to vatious evils resulting front the present sys tem of Still Fines, which Were aggravated much by the mountainous and impassible surface of enany parts of the Northern provinces of Ireland, especially of the County of Donegal. The destruc tive operation of the system had so reduced some parts of the country, as rendered it necessary for the Irish Treasury to send no less than 80001. in addition to the produce of the taxes, to maintain the officers and others, which its effects had ren dered necessary. The LORD CHANCELLOR, after looking at the Petition, and observing its diction, said, it could not regularly be received but as the Petition of one of the Subscribers, who happened to be a Peer,- namely, Lord Castle Stewart. . On the question for going into the Committee, The Earl of DONOLGH.MORE rose and addressed their Lordship at some length upon the subject. He strongly deprecated she-proposed measure, as t en ding to operate most injuriously to the revenue of leelend. Under. the distillery system, which the Bill 'vent to set aside, and which system had • the deliberate sanction of some of those most con •versaet on the subject of Irish Finance, more especially the late Mreßeresford, it was so pro ductive as to supply a full fifth of the whole Irish \ • revenue, namely, 1 ) 175,0001., and to which great amount it had risen from the low sum of 63,0001. which was all the distilleries. of Ireland had pro. .eluced previous to its operation. The rise and pro. .gress of the Still Fine system was described in de tail by the Noble Berl, beginning with its com mencement in 1783, to the period of its tempo rary suspension a few years since by the Imperial Parliament, and thence to its re-enactment or re ♦ival, in consequence of the most earnest desires and representations on the part of Ireland. H e regretted that any measure should be suggested tending to set aside the Still Fine system, which repeated experience had proved so bane felel as a source of revenue. He seemed of opi -Y►ion that the proposed measure took its rise in a great degree from certain publications which had not long since appeared hostile to the Still Fine system, which_ they went to place in a most unfavourable light ; but perhaps it was s ill more to be attributed to what passed at a meeting held last April at the Thatched House 'Tavern, at which were present, besides certain of his Noble Friends, and others of their Lordships, no fewer than 32 Members. of the other House of Parliament, besides other persons; all or the most of whom were landed proprietors in, or connected with Ireland. Many of those preient conceived themselves to be better judges of Irish Finance than such men as Mr. Beresfot•tl and Mr. Foster. 'His Lordship referred'to parts of what was said to be advanced there in the way of discussion, particularly by.a Noble Friend then in Fis place. He much regretted that what was about . \ to be proposed would go to unhinge the whole sys7em of the Irish revenue ; and, he repeated, it wool! do its promoters but very little good, but the public a great deal of injury. In the course of Isis discussion, his Lordship quoted largely from various documents and reports in support of what be contended for. At least, the present should be accompanied by another measure, still before the other House of Parliament, which was neces sary to render the measure at all complete ; but he thought the far preferabfeNvay would be, to suffer those connected measures to lie. over till the next Session, when the whole projected new system could be deliberately considered. should therefore move that the Bill be committed for that day three months. The Earl of ABeRDEEN observed, be bad been anxious to obtain the most extensive and correct information respecting the important subject before the House, and that the result either of his best information, or what he. had gained from personal inquiry was such, as that he could withoutheei tation say, the greater part of what was advanced against the obnoxious system which the present measure went to counteract, could be pro:•ed in evidence at the Bar of the House, and on the authenticity of what was stated in Mr. Chichester's book their Lordships milt onAdentty rel/, and I some of the events there describes! were withio:his own knowledge. He would only state one or two of these instances. of atrocity NMI horror to which the system complained of had given rise, and which rested upon unquestionable evidence. In one of these cases a poor infirm old man had been dragged from his wretched habitation to Derry Jail ; from thence it was thought expedient to remove hint to Lifl'ord, whither he was dragged by force, and with such expedition, notwithstanding he most feelingly pleaded his age and infirmities, that when he arrived at Gifford he expired in the course of a few minutes, and almost in the sight of his merciless persecutors. The other case which he should refer to, was one of the most wanton barbarity on the part of a Revenue Officer. Some men were endeavouring to get across a river in a boat from the officer, when he directed a party of soldiers to fire into the boat, by which two of the men were severely wounded. He would ask, in what country of Europe could such wanton atrocity take place under a legal sanc tion ? Not even in Turkey.itself. He admitted the Bill would go to a great change iu the Irish Ex cise Laws ; but it was necessary, from a view of the nature and consequences of the present system, and in consequence of repeated and urgent repre setrations on the part of Ireland., It wouldbe better, he thought, if the other Bill alluded to ac , companied the present—and the meliorated system would, be was sere, instead of diminishing, tend • materially to increase the revenue of Ireland. It was full time to put a stop to the outrages prac ticed, and the winding oppressions which were exercised under the present system, where even the very rags out of the wretched cabins of their inieereVe occupants were taken, under its sanc tion and provisious ; and he must repeat his con• viction that the improved system would go mate rially to improve the revenue of Ireland. The Earl of LINISRICK followed, and briefly, though with much strength and eloquence, re ' probated the sytem of tyranny and oppression in his native country, which the Bill went to coun teract. In no other part of the United Kingdom would such a system be tolerated, and now Ire land was happily about to get rid of it ; and he expressed his surprise that his Noble Friend, so long the warm advocate for civil and religious li berty, would lend his talents and intelligence to upholding the ohnoitious system. With respect to the pamphlet written by a Reverend Gentleman, in which so many enormities were revealed, he ob., served they were supported by depositions upon . oath, and they exceeded in enormity most things he had ever heard. Such a system, he agreed with a Nob'e Haar! in thinking, could not exist in any other country. After paying this tribute to the excellent moral character of the Gentleman who produced the pamphlet alluded to, be ad verted to what his Noble Friend had said re specting the public meeting at which he (Lord L.) assisted. He vindicated the principle upon which it proceeded, and more especially the part (not very prominent) which he had taken therein himself. The new measure he thought should have a fair trial. He argued favourably of it, and thought that bad the period of the year allowed, the improvement would have been carried to the extent, desired. The Earl of Livettrooe supported the measure with his accustomed talent and intelligence. The system, he observed, which the Bill went to abro gate, it should be recollected, was commenced by the Irish Parliament in 1783, and was a weasel e of the Irish Government. It continued till the Exchequer Chancellorship of Mr. Foster, when it was suspended, bet subsequently all the Irish Chancellors of the Exchequer thought the system should be renewed, with the exception of Mr. Pole. Such was also the opinion of the great mass of the Irish Members ; but eventually the system was found so obnoxious that on a further view of it by the imperial Parliament, to which decision repeated representations frovi Ireland contributed, it was deemed advisable to try the operation of a system more- lenient, and less ob jectionable in its operation and at the same time promising equal productiveness to the revenue. And in considering this important alteration in a material branch of the Irish Revenue, those most conversant with the Fi nance system of that Country, with whom lie had communication, were consulted and at the same time be felt it his duty fairly to state to them the necessity of Ireland supplying its fair propor tion of the revenues of the United Kingdom; and that if the new measure could not be made effec tual for furnishing the expected proportion or amount of revenue, it would be incumbent on them to find some other measure that would. It was true that the Bill was not unattended with doubts as to its effect, as would any-other mea sure of substitution. But it was considered, that since the revisal and improvement of the system of Police in that country, from the co-operation of which the most beneficial effects were to be expected, it was resolved to try whether the ob noxious measure could be got rid of by an im proved system in the organization of that branch of the revenue, and to a certain extent in the way of experiment; for it should be recollected, that the still fine seven) may be partially revived, if Ho-hi expedient, on an application to the Lord :dientenant. With respect to the other Bill al luded to, it wus a fair subject for future conside ration. However, it would be preferable first to try what the new project, with the aid of the im proved police, could effect previously to the trial of a more extended system. if it should fail, he bad to lay in his claims to the proposition, that whatever the fair proportion of revenue to be ex pected trout Ireland was, such should, in some way or other, be furnished by that part of the United Kingdom, The Ball of BLESSINTON made a variety of further observations in support of the measure, and with reference to the injurious and disgraceful results of the obnoxious system, he held it lucent bent on the Legislature to try the effect Of some other. The Earl of DoNouGxmottE spoke in explana tion and observed, th a t wh a t a Noble Earl oppo site (Aberdeen,) so feelingly complained of, dttl n9t result from the execution of the law now Pm'. posed to be superseded, but from it's anis- executw The Earl of Ltmant CK shortly explained tv , ' respect to what he said respecting the paln0.11" prottneed by a Reverena ,G,ntiernßn, which in tact was, that his allegations were duly supported by affidavits. The question was then put, the amendment of the Earl of Donoughmore negatived, and the Com mittee being entered upon, their Lordships agreed to the Bill without farther discussion.—ft was forthwith reported ) and the House adjourned till To-morrow. LAW IN fELLIGENCE. COURT OF KING'S BENCH, JULY 9. LIBEL. TEASDALE V. WILLIAM CLEMENT, ESQ. This was an action against the defendant, Pro prietor of The Observer, Sunday and Monday News.; papers, for an alleged libel published in the for mer, tending to insinuate that the plaintiff had offered to sell a deal body seized by him as head borougi► of the parish of St. Pancras, from certain resurrection men,- to Mr. Carpue, the Surgeon, and then took and sold it to St. Thomas's Hospi tal, contrary to the directions of the Magistrates of Hatton Garden, before whom rite Resurrection men had been taken, the Magistrates having or dered it to be taken to Surgeon's Hall, and for which offence they had directed the plaintiff to be prosecuted at the Quarter Sessions. Mr. GURNEY anti Mr. CHITTY conducted the plaintiff's case, and Mr. PLATT the defendant's. It appeared that the supposed libel had been copied front another journal, which had paid the plaintiff 501. as a compensation for the alleged in jury he had sustained, and purported to be an ac count of the examination of two persons, trained Moore and Harnett, charged before Mr. Leach, or Hatton-Garden, by the plaintiff and another matt named Smith, with stealing a dead body.— The Magistrate had directed the body to be taken to Surgeon's Hall, and the iibellous statement in the Newspaper was that, contrary to this order, the phtitniff hail offered the body for sale to Mr. Carpue, the surgeon, who having refused to take it, the plaintiff had sold it. to St. Bartholomew's Hospital. The evidence was, that the plaintiff and Smith had gone to Surgeon's Hall, and offer ed the body for public use, and that the porter of that Institution had received the hotly, and took it to St. Bartholomew's Hospital, paying the plaintiff and Smith the sum of His, for their trouble and loss of time ; but there was no evi dence that the body had been in fact taken to Sur geon's Hall, as had been predicated in the induce ment part of tire declaration, and The CHIEF JUSTICE ruled, that as the plaintiff in his declaration had so identified this fact with the allegation, that the libel was of and concern ing the plaintiff's conduct with respect to the body, that he was tied up to prove it, but having. failed so to do, the necessary consequence must be a nonsnit, and the plaintiff was nonsuited accordingly. SLANDER. IZZARD, GENT. V. JOHIq. This was an action for words of slander spoken by the defendant, of and concerning the plaintiff'a conduct as an attorney. Mr. SCARLaTT and Nir. STARXIR conducted the plaintiff's case, and Mr. E. LAW ES the de. tendant's, _ It was proied in evidence, that the plaintiff was employed in adjusting the affairs of a tradesman na med Williams, who had compounded with his cre di tor s, of whom the defendant was one. The pr i nc ipal creditor having called upon the defend ant to procure his signatnre to the composition d ee d, the latter refused to sign, and said '' they (meaning the rest of the creditors) are all a set of s hallers. There is one Izzard that calls himself an Attorney---he is no Attorney at all—he is no thing but a black-leg." Being asked who h e !i mam, he said, " that fellow Izzard, he has been at the meeting." In two or three days afterwards, the. sane person called upon t h e d e fendant, with these words wlirten down, and asked him whether 'he meant to abide by t h em , saying, that he had shewn the paper to the plaintiff. He replied, " you have done very right, for no honest man would ever employ him." In consequence of this slander, the witness had ceased to employ the plaintiff as an attorney. Mr. E. IntvrEs addressed the Jury on behalf of the defendant, and The Jury tinder the Learned Judge's directions, found a verdict fur the plaintiff—Damages 405. COURT OF COMMON PLEAS, JULY 8. Bcfure Lord Chief Justice DALLAS. BREACH OF PROMISE OF MARRIAGE. BOUDERMALLIL V. BAMPFYLE. This was an action brought for compensation in damages for a breach of promise of marriage. Mr. Serjeant Leas, in opening the case on the part of the plaintiff, said, she was a young Lady of respectable family in France ; her father, now, deceased, w hen living, was a notary at Calais, and his relations and connections were people of great respectability, living in that country ; the plain tiff came over from Calais to this country in the year 1815, accompanied by a Mrs. Baker, her aunt. They took up their residence in Robert street, Bedford-row, in which house the defendant was also lodging ; he was a surgeon in the army on full pay, and of an ancient family of the 'North of England ; be was on the Staff, and well able to pay a fair remuneration for the injury he hall done to the Lady, who was the subject of the action. By their living together in the same house an intimacy was formed, which ended in a formal declaration, which would be proved by a variety of leeters. A Gentleman named Sankey was the first wit ness called. I,le knew the defendant, who was a surgeon, with a 'pay of 14s. a day ; he was about 30 years of age. Captain [ldlers said he knew the lady ; Her fa ther died some years ago. The plaintiff came troth France sown atter the return of the King, (Louis XVIII.) to that country. She lived eight or nine• !numbs in Robert-street 'but witpess knew her in Calais, and he had frequently seen her there. It. was custotnary for young Ladies in France, who were about to be married, to se clude themselves in a great measure from Society. Miss Boudermalle, in anticipation of her marriage, had done so. She had been brought up a Catho tad told witness that Ole Vit3 at presetit 8 Protestant. Cross-examined— , She and her Runt -had nnif one room in Robert-street, in which they slept' dressed their victuals, and did every thing. The letters written by the defendant were Pa in and read. The first was dated 16th Atignsts. 1816, N 0.1413, High•street, Portsmouth. It con tained a general declaration of his affection for her, and that nothing but unavoidable cirennv stances should prevent him from cerrying his via , of marriage into execution. Captain Hillers was again called, and he be° lieved the plaintiff was 27 years of age. Mr. Ser jeant Vandliats addressed the Jury 13 behalf of the defendant. He admitted that a case had been made out, clearly made out, but tli e Jury would consider what the Lady had lost. elient was a man in ill health, a valetudinarian"' what then could be expected from him ? Hi s Learned Friend had, in his opening speech, de" scribed the defendant as a Gentleman of high Northern family, dignified both by their flan)! and in their-arms. In this, however, his Learned Friend was a little mistaken, as his client had un fortunately lost his arms ; at least they had been tveakened in the service of his country'. Ills Learned Friend had also, in his bind' ness towards his (Mr. Sedeant Veughan's) client, put him upon the Staff, wben, in facts be was not on the Staff—that, then, was a staff which his Learned Friend had introduced to prop np the case, but which had broken u nder. him. His income was only 14s. a day ; and fro that many deductions were to be made. He would then ask the Jury; how the defendant could have nraitit i ained a wife consistently with her station ill life ? If they gave heavy damages, they wood ruin his happiness for ever. The CHIEF JUSTICE, in summing up, observed' that the Jury were to consider whether the breach of promise was a positive or a conditional one and if they should be of opinion that it was a plr sitive one, what damages would repair the iniarf sustained by the Lady. It struck him, whet' reading the letters, that an actual promise had been given. The Jury consulted a few minutes, and 1000 a verdict for the plaintiff—Damages One Hundred Pounds. FATAL ACCIDENT.—On Wednesday evening. an invest was held at the sign of the Bull, NO' ford-lane, Strand, on the body of Thomas het" ting, a young waterman, 20 years of age. i s appeared by the evidence, that the deceased, o ' l Tuesday afternoon last, was in a sailing boat 0 (1 the River Thames, near Waterloo Bridge, with a young tientleman. On their arriving near to a barge lying in the river, a man very impritdentlf jumped into the boat; the jerk overturned it, . 11 d, they were all precipitated into the water. Severa l boats immediately repaired to their assist,ince• and succeeded in saving the youth, while th e other swam to the shore. The deceased, will' was no swimmer, after some' struggle in 1 14 the water, sunk, nod was drowned. His bodY was found soon after, quite dead. Verdict-4c" cideatal Death. BIRTHS. On the 7th inst. in York-street, Portman-square, the Lad! of William Benett, Esq. of a son. On Tuesday, the 6th inst. the Lady of Henry Earle, Est?' of 13erner3-street, of a daughter. 1 / 1 , 1 6„ it 111ARRIE,D. On Thursday, the Bth inst. at St. George's, Hanover' quart-, by the Hon. and Rev. Richard Cast, the Hon. 10 1 ' Liam Cust, M.P., to Sophia, daughter of the late Thviu o Newnharn, Eiq. of Southborough, !tient. PIED. On the 30th ult. suddenly, at his home, Middlesex-pl2r 3 i Major-General Thomas Hawlishaiv, late of the Hon. East Irt• dia Company's Bengal Establishment, azed 63. On the 9;1 inst. at Oskve.ory, Salop, of a decline, Mao', the wife of Charles Graham, Esq. PROVINCIAL BIRTHS, MARRIAGES, AND DEATIV3* At Stirling Castle, on the 2Gth June, the Lady of Caput;ll Bishop, 40th I - re:Um:lit, of a daughter. Lately, in Molesworth-street, Dublin, the Lady oF the Hon. Francis Charles Annesley. of a son. Saturday last, at Calehill, in Kent, the Lady of E. llarell• Esq. of a son. • MARRIED. Lately, at Rochester, Mr. William Russell, farmer, Louse, aged 64 years, to Miss Sears, of the same place, -13 years. In South Carolina, Mr. Stephen Lyon, to Miss Rebcol li Lamb: The happy time's at length arrived, In scripture days foretold, When Lamb and Lyon both unite, Embrace and Weep one fold; Now joined in matrimonial tether, The Lamb and Lion lie together, And at th' appointed time in troth 6 A little child will lead them both.' City of Wailtington Gttectte. Saturday sen'night, at Sutton-in-Ashficht, in Nottiughatir shire, John Godbtr, to Elizabeth Witham. After the cete° ninny was ended, the names registered, and the books closed* the bridegroom (who has an impediment in his speech) accost' ed the minister thus:—" I 1-1-hope Sa-Sa-Sir, you will ,er . ex-excuse the fa-fa-fees, for a fa-ta-few weeks." The minis' ter replied—" you ought to hare provided money before Yo 3 had come here to be married.' I'he poor man took bib wife by the arm, and walked off, saying—" wa-wa-when to-trade mends, I'll pa-pa-pay you as sa-sa - soon as I can. DIED. Last week, after an illness of six days- only, Mrs. Blatchifs t of Walcut-street, Bath, midwife, which profession she carried on very successfully for a great number of years. She a ppear! to have attended between five and six thousand labours: ao‘ i many ladies of the first respectability from time to time canna to 11:stli to place themselves under her professional care. At Newton-upon-Ayr, Mr. James Turner, aged 100. kl e ' was a seijeant in the King's army in 1715. Lately, at Otley, Rosamond, wife of the Rev. John Sintr son, itinerant preacher in the Wesleyan Connexion. of dropsy in the abdomen. She was tapped .20 times, and 0 supposed to hare parted with about 100 4aIIODS of fluid bjr 'those operations, in the space of 23 months. At llexham, on 'Wednesday last, suddenly, at an adrance4 age, slaty Chisholm, too much to be feared, from real want: her heshaiid had gone out to seek simiethiog for breakfasts and upon his return found her a lifeless corpse. - At. 'Cynetoon:h, on Sunday last, Mrs. Gibbon, relict of ;M r ' Ralph Gibbon, of that Z:orth Shore. She went to bed 0 " Saturday night, after eating a hearty supper and apparently in :ierfect health, and was found dead its bed on the following morning.. At Crosby Lodge, near Carlisle, on Wednesilt,y last, ill' consequence of a fail front his horse, deservedly • reg retted* David Kennedy, Esq. one of his Majesty's Justices alb* Peace, and a Lieputy Lieutenant for,Cumberland. LONDON: Printed by.). B. CARSTAIRS, of No. 9!3, Grea2 Orninwl -street, Queen-square; awl publi!‘hed by IV. f‘: SCRIPPS, of No. 7, South Nloiton-street, at TLI..: SO' . Otliev, No. 112, Strand ; where Adrertiscarcats, Orders' Letltts,. Arc. (post-paid) must alrL-essed.. I 1 ; 1 fu 'I If 4)1