The Sun. — London, England, 1841-12-15 00:00:00

EVENING SUN THE MARKETS.-(T HIS DAY.) CORN EXCHANGE. The arrivals of Barley and Oats have been good this ,Zeek, but small of other Grain. Wheat firm at Mon ' 'aY's prices. Barley still dull. Beans and 'Pease also ile t a limited demand. Oats extremely heavy on sale, l t,ad Mond ay ' s terms were hardly supported. Flour as utst stated.- NEWGATE AND LEADENIIAT4L. Meat of all descriptions in good supply, but the d de .l!an was limited ; th e b es t sor t s a d vance d f u ll 2d. per !r i e Game and P ou lt r y i n g oo d su pply, th e d e mand and prices on the decline. Ducks, • 2s. to 2s. 6d. ; li d -D9cks, 2s. to 2s. 6d. ; Hares, 2s. 6d. to 35.; Geese, 5 6d. to B s. ; Chickens. 2s. to 2s. 6d. ; Fowls, 2s. 6d. 4 s• 6d. ; Pigeons, 6d. to 9d. ; Rabbits, ls. to ls. 6d. ; • urkeYs, each; to s. 6d ; Teal and Snipes,Widgeons, to 6d. ; Eggs in demand, at previous quotations. COLONIAL MARKET. There was but a moderate business transacted, and in Pees little var i at i on too k p l ace . The imports were fair rota most arts. Raw Sugar moved off slowly at the former ta ine. Brown West India 58s. to 625. and yellow 635. to 735. I* , r cwt. Coffee not che a per, but there were few buyers at 665. to 765., for good and fine and fine ordinary. West lig ia Coc oa se ll s s l ow l y at 365 . to 47 5 . p er cw t. R um r▪ cet with little attention, prices were barely maintained, s• eller s of proof Leewards at Is. 10d. per gallon. TEA MARKET. P rices of Free Tr a d e were sustained, and a fair busi ness Id was done. Company's Congon Is. 90. to is. 91d. the lowest rate for ordinary Congou was I. per lb. TALLOW MARKET. th Price s o f P . Y . Candle stea d y, w i t h a f a i r d eman d. O n 4m SIM. to 48s a n d, for delivery up to the end of the year, at METAL MARKET. s to r large sales were made at 401. to 40/. 10s. per Iron met 'vith a fair sale. LL n D'S SHIPPING-(THIS DAY.) 4.•01:1/20011, DEC. 15.—Wind this day at noon S.W. 4 mscATE, DEC. 14.—Arrd. Commodore, Shields for /,, ghorn, h av i ng struc k on t h e Ship was h Sand. ,s kAL, DEc. 14.—Wind N.W.—Arrd. Helen Mary, .I_4liner, Calcutta ; Juno, Shields for Alicant, with loss of &C. From the River, Carshalton Park, for alca ; Argyleshire, for Bombay ; Falcon, for Maur-- 118 . 81d. Pr em i er , C or f u . ) , f L IV ERPOOL DEC. 14.—Wind N., fresh.—Arrd. Aim ell, Calcutta Asia, Newfoundland. 4"11 Metis, DEC. 14.—Rapid, Johnson, Quebec ; Metis, with loss of bulwarks. 4. 4l ' l ' l ' l olMM, DEC. 14.—Wind S.W.—Std. Jacob, Rio ; I , ll 4 l( l erer, Syd ne y, N ew South Wales. Put back, /1 4'ia, Sierra Leone. It has blown a gale at W. all Vt , and is now a strong breeze at N.N.W. wit A LMOUTH. DEC. 13.—Wind W.S W., strong gales, lid Violent squalls.—Arrd. Dart, London, for Madeira. Tagus steamer, Vigo , - ": ° RTSII . IOUTH. DEC. 14.—Wind . N.N.W.—SId. Wel lini, New York , Countess, Azores ; Saucy Jack, " orn. Arrd. off, Brightman, Nockels, Calcutta. V°lvEs, DEC. 14.—Arrd. Ottaiva, Quebec. Sailed i lh l e, New Orl ea ns. PR l ILLIN, DEC. 11.—Std. Hugh, Trinidad. 1),„ I'inSTOW N , DEC. 13.—Arrd. Antelope, Griffin, Ree Edward's Island. K! I TI- 1 1 DEC. 12.—Arrd. Wm. Dawson, Quebec. lißoßoucEt, DEC. 13.—Arrd. Two Sisters, Shields t b, 4r 'lhanl, with loss of bowsprit and bows stove, having I 4 in contact with a light brig this morning. p, o I IitACOM BE , DEC. 12.—Arrd. Pet, Liverpool for h 4 r uesux, towed in dismasted and nearly a wreck, having in contact with the Pursuit, Spence. LA NV INTELLIGENCE. - - CR 1 11: ANCERY COURT.—(THIS DAY). , I, h rroßkEy- GENERAL V. TEE EARL OF STAMFORD. 410 1 .!" ar guments in this information were resumed this 11 111 g, and occupied the Court the whole day. The \\r e "Pears likely to take up several days in argument. tii t iZe a statement of the facts yesterday in our Second Lts' COURT.—(THIS DAY.) i th r ALLEN V. BONE. 44, -(l° ,arguments in this case, which was reported in The Monday, and was postponed yesterday, in con eltirlee of the absence of Mr. Pemberton, was con- IV this m orn i ng . der d e 'MASTER of the ROLLS dismissed the bill, and or solier,t_tue ebsts to be paid by the solicitors as between . '"r aria client. k . "EASE AND OTHERS V. JOHNS AND ANOTHER. ,; P EMBERTON (with whom was Mr. I'arkington) tkki n c4 for an injunction to restrain the defendants from e orn g Posses s i on o f an d wor ki ng certain minesin held w all, called the Treloare and Crowgey mines, and inj 4 under a l ease from the Duc h y o f C ornwa ll. The lon: cti on had been applied for ex parte, in the tha t i t c ation, but the Master of the Rolls, considering then to "as the subject of a special application, refused t erda °ll) nke the order. The case was partly heard yes eat4t' It appeared that the mines in question became 11 ) ato nd the wife of Captain Henry Crease, le ase " r .uu that' in the year 1835, they granted a great °L to a Company called the Cornwall 1 1 -I ,witi i iii ,t i ed Mining Company, but not being satis g/ittle t he manner in which the mines were worked res e ,, -11) Pany. the plaintiffs exercising a power they pla ° utain, l ' 1.( xl to themselves in the lease terminated it, and Possession of the mines in January last. The N er , afterwards agreed, in consideration of several Ca rd ation a to let the mines to one Mr. defendante, Wo was to work the whole of them. The a h l a le d g a ed, te t e h d at w ir i i th tl t l h e el iTa f r or lB a 3 l o ea t s h e e ell l ad received ta from them two shillings and sixpence, P,ennsideration of it, and that another agreement for of the same mines had been made between 1 1 - ? se lleged owners of the tin bounds' and one ,7ha a rd Williams, of Bloomsbury, London, who had de- Osed the same to defendants in pursuance, as they . " c gocl, of a custom in Cornwall, by which any person of ng up, on a piece of unoccupied land, four hillocks a earth or stones, termed " tin bounds," giving notice tr r eof to the Lord of the Manor, and proclamation in Stannary Courts, and renewing tho same annually, Larne entitled to the minerals under it. Mr. Came, on th ri ur ning the lessee of the mines, purchased a portion of 114i1pachinery which remained in the material-house, the loth September last, and on that day was the to place other machines on the premises, when t e i d efendants and forty or fifty of the workmen of a m,ghbouring mine , called the Wheal Level Mine, preen had taken lb ' rcible possession of the mines, )1 , vented him from doing so, and said they o il laz dtt . retain possession. A Mrs. Lydia Taylor appeijef,the adventurers - in the Wheal Level Mine, had the t(1 with Hannibal Perry, one of the defendants,. to 11,4 Plaintiffs, for a lease of the mines in question, which eibi ti b een refused, upon which the defendants took for -111, possession . Th e plaintiffs denied that any agree :had been en t ere d into on their behalf with Johns and er,, r- Y for a lease to them, and alleged that they is J. willing to try the validity of their title th a tl manner the Court should direct ; but they prayed def er : l ' 3 2 4 e Person or persons more responsible than the 4 , 4 % - ,1 13 ta, who are workmen, might be opposed to ' 4l ei t t roll l Whom, in case of the plaintiffs maintaining ti r te, they might be able to obtain their costs. 4 tati,; ll h lNDErtsLEY (with whom was Mr. Bacon) was r•' case of the defendants when we went to Press. Car (si-tc„EN'S BENCH.—(THIS DAY.) at Guildhall, befor® Lord DENMAN and a Special Jury.) Thl BRUNE V. THOMSON. eertai r ' Ng an action brought to establish the right to (4 ttai" t olls claimed by the plaintiff, as proprietor of dic e 11 Port dues payable upon all goods and merchan rtivventltiering the Port of Padstowe, on the coast of atit,„7 ,• The proprietor claimed under a charter uil`-n,;"' ' 4 the reign of King John to the Prior and -s of Bodmin. The dues were regularly paid upon 17 2t ."ss els trading with the port down to the year tie --I'nll person named May disputed the right of then --I 'n Prop rietor , one Prideaux. The case was ~adth full vestigated, and a verdict returned Piiintiff, and since then another attempt was '"tt li s ' n 18 05 to resist payment of those dues ; but as ), "ated - „P r oceedings to were commenced, the defend proprietor t hkj gul arlyclaimed and received the duos on all mei.- (11 se • P a d twe till the present de was.l44 -alporteu into s o b t resisted their payment, and the present action i. lll,, r° ,aght to try the right of the plaintiff to these tolls. 4 1r. \''RESSWELL stated the case for the plaintiff, and Th„ 4 ,„ L E appeared for the defendant. kid tf;` e are a large number of witnsses to be examined, .e ease is likely to occupy a considerable time. (iit9nIVIMON PLEAS.—(THIS DAY.) ti- ls in London before the Lout) CHIEF JUSTICE and tt Alut i a Special Jury.) 80 N AND OTHERS V . HEATHERN AN D OT HERS. t ll har e " w as an action against certain Directors and lretholders of the late Anglo-American Mining Corn ' to recover certain sums of money advanced to the The t" c m account of the Company. Wyl d C ase for the plaintiff was conducted by Sir Thos. e4tieei with whom were Mr. Watson, and three other . „, 11 1? 81, 113 ," ; and that of the d ;fendants was conducted • 1 :1) 0a ., 1; "` fn. Follett, with whom were Mr. Richards, Mr. -- ‘ llB .Ca and two others. --t4ttIFFS' COU RT.—(THIS DA) ) CRIM. CON.—DAMAGES 700/. Th. s JACKSON V. BROOMHEAD. ")r was an action to recover compensation in damages of hi. ]ASS sustained by the plaintiff from the seduction fir ire by the defendant. Damages were laid at 10,0001. Plai l2r owder, Q.C., and Mr. Martin, appeared f o r th e 114 der ,e. ritiff ; a nd Mr. Fitzroy Kelly and Mr. James, for th e, on the r ' , MAR TIN oppose d t h e p l ea di ngs, and stated that 4,l.Pttintiff was William Oliver Jackson, solicitor of the def . :,; l)h i , and Ch ester-square, R egen t' s-par k , an d t h e ' lll, - liti was Joseph Broomhcad, barrister-at-law. da acti on was brought to recover compensation in h 4 l;gs for criminal conversation with his wife. C ROWDER rose and said, it was his duty to tia d 1, ci rcumstances of a melancholy, irreparable, tion '" 'stressing character, being no other than the seduc- It c 't the plaintiff's wife, by the defendant. k eco to Ita- alleged that th e ac ti on had been brought 1 ver "8 ' damages, not compensation for the t e 1 0 thing on earth could compensate a husband for in a ,, s u!lf his wife's a ff ect i on and society. His only it • 1 e .4 W as to resort to the law, for the twofold object of 11 , 41' dissol u ti on o f the marriage, and, if poss ibl e, eft ev iate the wrong h e ih ad sustained. Of all cases g o a l description lately before the public, none were of ere r ef a character as the present, as the parties i' e lated by marri age, an d were on terms o f inti lleY'lold friendship. The facto of the case were shortly these : The plaintiff met his wife though a college acquaintance at her father's house Dr. Johnson, of Suffolk-place. They were mar ried in 1835, the plaintiff being then 28 years of age, and his wife six years younger. The sum of 10,0001. was then settled upon the plaintiff and his wife-4,0001. on her side, and 6,0001. on his. They lived happily together till the 15th June, 1841. Mr. Broomhead was the son of a clergyman of wealth and character in the county of Derby, and had been brought up at King's College, where he was introduced to the plaintiff. He was called to the bar in the year 1838. He had frequently been permitted to sleep at the plaintiff's house, and go away next morning, when plaintiff went to his business, but it would appear, by the evidence he should adduce, that he would frequently return in the middle of the day to visit Mrs. Jackson, and contrive to come home with her husband in the evening as though he had been absent all day. These advantages had ultimately enabled him to effect the ruin of the . plaintiff's wife. On the day in question the plaintiff had had a small dinner party. After the company had quitted the house, about ten o'clock in the evening, Mr. Jackson went to his dressing room, according to his usual custom, for the purpose of smoking, leaving the defendant and Mrs. J. together in the drawingroom. He (plaintiff) called out several times " Joe is to come down," and receiving no answer, he walked up stairs, and then became an eye witness to a scene of disgusting depravity, and wit nessed his own dishonour. He seized the defendant by the collar, and dragging him down stairs threw him into the street, and he should produce a witness to prove that he was seen there with his clothes in disorder. Shortly after that, his wife, taking advantage of the confusion, rushed into the street with out her bonnet, and went after the defendant, and both entering a • cab, drove to a house in Lincoln's Inn, where they spent the night together. Subsequently went to.the Southampton Arms, near the railway, and also slept there. She was ultimately persuaded by a friend to return to her parents' roof. The Learned Counsel having detailed other facts at considerable length said he had no desire to exaggerate, but would leave the case in the hands of the Jury. Evidence was then-tendered to prove the statement of the Learned Counsel, and Mr. FITZROY KELLY replied for the defence, contend ing that the plaintiff had neglected his wife. The Learned UNDER-SHERIFF summed up the evi dence, and the Jury returned, after ten minutes' consul tation, a verdict for the plaintiff—Damages 7001. BANKRUPTCY-(THIS DAY.) IN TIIE MATTER OF WM. BITCHCOCK, A BANKRUPT. The bankrupt's examination was resumed this morn ing. The interest excited by the case has not at all abated, as the Court .was again crowded by commer cial men. Mr. ASIIMIST begged to call the attention of the Com missioner to the situation to which he was placed. The solicitor of the two assignees refused to give him any of the aids which were necessary for the examination of the bankrupt and the bringing to light the whole of the facts of the case. The two assignees, by their solicitor, are in possession of a deed which conveyed the lease of the premises in Regent-street to the bankrupt's brother. Now it was most important that he should see or have a copy of that deed, but they refused to give him that facility for pursuing and probably greatly shorten ing the examination, although, when they set out, they promised that the inquiry would be full and satisfactory. He did not wish that the Commissioner should order him to be furnished with it; all he wished was, an ex pression of opinion upon the point. Mr. SOLE, solicitor for the assignees, said as they fully expected to destroy . Cook and Gladstone's debt to the amount of at least 7001., he found it his duty to refuse Mr. Ashurst a copy. He might obtain it from the bankrupt's solicitor ; that was the proper quarter from which it should come. Mr. ASHURST said the reason given for the refusal was most insufficient upon the face of it. If Mr. Sole attempted to expunge any of his clients' debt, he (Mr. Ashurst) would be entitled to see the deed as a matter of right. Why then not show it now, when it was so im portant to him? The COMMISSIONER could see no objection to Mr. Ashurst being furnished with a copy of the deed. It might as well be given now as in a future stage, when he must have it as a. matter of right. Mr. SOLE-If we are to furnish every information, of course it must be reciprocal; but in justice to my clients I must refuse a copy. Let him get it from Mr. Marsden. Mr. MARspErt—l offered it last night, and will furnish it to-morrow. Mr. ASIIURST.-But I want to examine from it now. I will pay you for the copy if you will let me look for a very few minutes now. (This offer was declined). I am aware that there has been a bargain made that this man shall get his certificate, but it shall not be until the whole truth is out. . Mr. ASIMURST.—FIave you communicated with your brother George since yesterday.—No. Have you advised with your solicitor, who is also the solicitor of your brother, since yesterday ?—I have not received any proposition. Answer the question, Sir.—Only in reference to my own affairs. I will have an answer. Have you advised with your solicitor, who is alai the solicitor of your brother, since yesterday ? —I have. Before the regular examination was proceeded in the bankrupt said—l wish, before lam questioned further, to have your Honour's permission to make the following explanation. Mr. Ashurst questioned me in reference to certain bills which were dishonoured, and for which bail was given. I now add that Messrs. Cook and Glad stone knew at the time of the dishonour of the bills, and of the bail which was given, and they said there was no reason why I should not go on, as the parties could not get judgment until, I think, November. "When was it that this conversation took place ?—At one of the meetings in the library or the dining-room, to which I have before referred to. In their library ?—ln their library or dining-room. How did they know it ?—I communicated it to them. The time I did so being a period when I was acting under their instructions. I told them that some of the parties whose bills were dishonoured were pressing for payment, and had served me with a 21 days'.notice of bankruptcy. Was it Cook or Gladstone ?—Both, I believe. Was that all you told them ?—I believe it is all on that subject. Will you state all that took place on the occasion ? I stated all that I recollect occurred then. Will you swear that you now believe you have stated all that occurred on that occasion on that subject ?—I have already sworn it. What did they say, and if possible tell me which of them, and in what terms?—They said (which of them I cannot say) that there was no reason why I should not go on, as the parties could not get judgment until, I think, November. Was that all, whoever spoke it,spoken in the presence of the other ?—I am not sure, as I before stated, that both were present, but believe they were. If they were both present, was it spoken by one in the presence of the other ? Mr.MARSDEN submitted that the question was improper. The Commissioner—lt might be put in another form. In all the conversations you had with the two on the subject, was that which was said by the one said in the presence and hearing of the other ?—lf both were pre sent, as the question implies, I should think that both would hear it. I.cannot say, but I believe so. You stated that one of your reasons for making over the lease held by R. P. Pritchard to your brother was, that he might again become security for you. Will you now state what guarantee or security your brother gave? —I believe it was a guarantee. For how much, and when due ?—I think for the amount of both bills, and which were to be paid by a certain day. I haste no doubt the guarantee is still in existence if it be important. Did you pay off that guarantee ?—Yes. Did you deliver up that letter of guarantee to the official assignee?—lt was not in my possession. here is it now ?—I don't know. Will you swear that a guarantee was given by your brother to Pritchard ?—No. I will swear that I under stood a guarantee or some other document of security was given. I have no doubt it was. Did you transfer the leases from Pritchard, by an ar rangement, to your brother, and afterwards paid off the debt of 2,0001., without seeing the document of transfe rence, or asking for the document when you paid the money ?—The leases were not transferred from one to the other. Did you pay off a debt of 2,0001. without seeing the document by which it was secured?—l believe I did. I think Mr. ft. P. Pritchard Called on my brother to ob tain the guarantee. Then you never saw it?—Not to my recollection. Is that the only reason you have for not asking to see the document before you paid the money in discharge of it? —Yes, and my receiving back the lease which Mr.'Pritch ard previously held. Did you not receive back the lease before the money was paid.—Yes. Did you receive back the lease at the time the guaran tee was given?—l believe about that time. Then did you pay 2,0001. in discharge of a document you had never seen ?—I paid the 2,0001. in discharge of the debt I owed, and in accordance with my promise. Did you obtain the document by which you were, or your brother were bound, at the time you paid the 2,0001? —I think not. Did you not make over to your brother the other leases of the premises in Regent-street, as well as that held by R. P. Pritchard, as security to your brother ? Yes. How many leases did you make over of the Regent street premises ?—Three. Were they not made over by the same deed or arrangement which made over the lease held by Pritchard ?—I object to answer that question, Sir Mr. Ashurst has frequently endeavoured to mislead me by putting questions founded upon my answers, and ap parently embodying them, but not correctly. lie is now were endeavouring to make it appear that theairtto my brother. leases made over directly from R. P. Pritc l Add to the question "previously held" by Mr. Pritchard. amend ment. objectionCAoliir.istAisssiltouNrsEtnwasaswnontoto g me c n on d - - assume an y t he hi a l trary to the evidence. Mr. AsnunsT—That puts it upon me, Sir, that I be lieve all he says . I h ave no objection to s a y , " alle g ed to have been previously held by R. P. Pritchard." The question so amended was then put.--Yes. Did you not make a conveyance of the lease of the house in Regent-street to your brother ? The bankrupt had no objection to answer the question,. but objected to the form in which it was put. The COMMISSIONER said they had already got from the witness that he had conveyed the leases to his bro ther, and some of the securities he bad given to Cook and Gladstone were those leases. Mr. AsnunsT—l only wish that you should bear tha in your mind. The COMMISSIONER—I have it all in my mind a long I ti me. —(Laugh ter.) Mr. ASHURST wished to show that till the goods had been converted into cash, and the money paid over to his brother— _ _ _ The COMMISSIONER thought it better that there should be no argument at that stage of the business. It ap peared that they had the security of these leases for money advanced to them. Did you tell Cook and Gladstone that you were trans ferring the leases they held to your brother George ? No, but I told them so immediately afterwards. Did you tell your brother that the goods you sent out, as you say, for the purpose of enabling you to secure them, you should sell and apply the cash to discharge R. P. Pritchard's debt?—l never said that the goods sent out for Cook and Gladstone were to be applied to the payment of Pritchard's debt. Mr. ASHURST said that was not an answer. Mr. MARSDEN objected to the form in which the ques- tion was put. Mr. ASHUBST wished to show that the bankrupt had said he would not have sworn falsely, but for the purpose of accusing his clients. The Bankrupt—l deny that in toto. I appeal to the Honourable Commissioner for protection. Mr. ASHURST wished to have a narrative of the mo tives which had influenced the bankrupt in raising col lateral issues, by which the charact ers o f o th er p ar ti es were attacked, without their having an opportunity of defending themselves. The COMMISSIONER thought it would be better for the interests of his client, and more just to the bankrupt, to put questions which would not allow of any inferences being drawn. ASHURST would put the question in whichever way the Commissioner would dictate, and the question was then put as follows : Did you tell your brother out of which goods you in tended to pay Pritchard's debt 7—No. Mr. ASHURST understood Mr. George Hitchcock was in Court, and that the deeds were in his possession. He wished to have them produced. Mr. George Hitchcock was then called, and said he had the documents (the leases) referred to, and had no objection to produce them. Mr. ASHURST inquired of Mr. Marsden whether he was now ready to produce any documents which con veyed any interest to George from the bankrupt ? Also the documents relating to B. P. Pritchard's debt, and all letters and papers relating to the bankrupt's affairs? Mr. MARSDEN did not think he could produce all the documents Mr. Ashurst required. He would give up any he had. Mr. ASHURST wished to know if he would produce the guarantee given to Pritchard. Mr. MARSDEN did not know whether he had it or not, but would send to his office and ascertain that fact. To the Bankrupt—Did you tell your brother that you intended to make over the lease of the house in Regent street before the deed was executed?—l told my brother that I would make over the two leases to him, Cook and Gladstone having only a lien upon them. When did you tell him this?—lt is impossible for me to say. M. SOLE said he could save a good deal of time by stating that the deed of assignment Contained a recital that Cook and Gladstone had only a lien upon the leases. Was that all that passed between yourself and your brother ?—I should think not. Mr. ASHURST would now go to the case of Heeles and Co., and refer to the evidence given on a former occa sion, the 6th DecenTher. A bill accepted by you in favour of Heeles and Co., for 8631. Bs. 9d., is now in your hands, is that bill alluded to in your evidence of the 6th December ?—I don't know. I believe it is the bill. Was that bill discounted for you, or for Heeles, Gaw thorpe, and Co.?—For Heeles and Co. Did it fall due on the 6th May ?—Yes. Did you not, for your own purposes, give your bankers orders not to pay that bill ?—Not for my own purposes, but for the purposes of Cook and Gladstone. State in what way were these purposes to be answered? —Mr. Cook applied to me not to pay the bill. In a conversation,with me about the latter end of April, or the beginning of May, alluding to my debt with them, Mr. Cook said that he was paying other parties money, and not paying them sufficiently, and he had observed that Heeles' bill was coming due shortly, and it would be better for me to pay them the amount instead of to Heeles'. It was about this time that it was arranged that I should do so. I subsequently gave orders to the London and Westminster Branch Bank not to pay that bill. On the same day I drew a check for the exact amount in favour of Cook and Gladstone, and sent it to them enclosed in'a note which stated that I had given orders not to pay, and that I now enclosed the check, which they would pass to the credit of my account. I have since seen the check, and referred to my banker's book, and I find that the check was presented by Jones, Lloyd, and Co., to my bankers, on the morning of the 17th. It would be important for me here to ascertain what day of the week the 15th of May was. The COMMISSIONER—Saturday. The Bankrupt—To account for the check not being presented till the 17th, it appears to me that the letter containing the check did not arrive at Cook and Glad stone's until after four o'clock on the 15th, and which I believe to be the case; presuming that Messrs. Cook and Gladstone left at four o'clock, the letter would not have have been opened till the following Monday only, and therefore not presented at the London and Westminster bank before then. If the check be in Court, I should like to see it. It has been handed over to the official assignee. _ _ Was that payment so made and placed to your cash account at your own request P—lt was at my request, and which request it was agreed that I should make. Then was it understood between you or not, that that payment was on account, or in satisfaction of Heeles' bill?—lt was, as far as I was concerned ; but the plan adopted was, as I have before stated, to enable them to hold lleeles responsible, and which they have since attempted to recover. Will you swear that you yourself did not intend that payment as a payment on your cash account?--Yes. The bankrupt, before answering the question, ap pealed to the Court as to the difficulty in which he was placed by the question, having before stated that at Cook and Gladstone's request he had written the letter alluded to, which might be brought in evidence against him. Mr. Commissioner HOLROYD said that to statements respecting the circumstances under which the letter was written,:the bankrupt answered as above. Did not you, in several conversations with Mr. Cook, state to him yourself that you had made that payment on your cash account, and,therefore, did not make him any further payments in May, or words to that effect ?—I think not. Will you swear you did not ?—I will not. What is your belief ?--I believe not. Do you give that answer deliberately and upon reflec tion ?—Yes. I wish to add, having heard my answer read over to me, that I do not think I could have made such an observation, because, during the month of May, I did pay other accounts to a very large amount, as wil be shown by my books. Mr. HUMFREY, the barrister, here: entered the Court, and said that, observing there was a little pause in the proceedings, he wished to take advantage of it for the purpose of alluding to a statement which had yesterday been published as having been made by the bankrupt in answer to Mr. Ashurst, relating to some goods stated to have been disposed of to Messrs. Shoolbred and Cooke. I have to state, said Mr. Humfrey, in the most direct and unequivocal manner, on the part of those gentlemen, that the statement of the bankrupt is a most direct, unequivocal, and mali cious falsehood. So far . from the statement then made being correct Mr. Shoolbred was the first person to give information to Mr. Llewellyn, one of the assignees, of the circumstances which had occurred. I cannot ask your Honour to post pone these proceedings to investigate what may be con sidered a collateral issue, but on the part of Messrs. Shoolbred and Cooke I again state that the bankrupt's statement relating to them is a perfect falsehood, uttered with a malicious object, and it is the intention of Messrs. Shoolbred and Cooke to make the bankrupt responsible for it. They are exceedingly anxious that this statement should be as widely diffused as the falsehood had been. They met the Bankrupt's statement with the most po sitive and unequivocal contradiction. There had never been a suspicion of anything against them until Mr. Hitchcock had wickedly given utterance to this falsehood. (The examination was proceeding when we went to press.) CRIMINAL COURT.-(THIS DAY.) OLD COUR'i'. ut tering coin, well knowing the same to be counterfeit, Mary Casey, aged 21, was convicted of unlawfully after a previous conviction for a like offence. The LEARNED JUDGE, in passing sentence, said it was necessary to make an example of the prisoner, as no sooner was she released from prison than she commenced her old practices. The sentence was that she be trans ported for ten years. Frederick Edwards, aged 16, was indicted for cutting and wounding John Day, on Sunday last. The prisoner, with the prosecutor, were in a public house together, and a quarrel arose, when the prisoner committed the offence of which he stood charged. The prisoner was sentenced to nine months' imprisonment. Richard B. Hibbert was indicted for stealing and se creting the will of Dorothy llibbert, de cease d, f or a fraudulent purpose. The prisoner pleaded not guilty. Mr. Clarkson appeared for the prosecution, and Mr. C. Phillips for the defence. Mr. PHILLIPS objected to the indictment, and re ferred to the statute regulating will s, which came i nto operation jnlB3B, wh ere b y i t was pro vided be signed by th e p a rty tha ont everythe 1s will lf should making that will, to be in the presence of and attested by two witnesses, in the presence of each. Mr. Phillips submitted that the will in question was neither signed nor attested on the date when it was made, ccnsequently it could, be no offence under the statute to secrete such a will ; and ho therefore submitted that the objection was fatal to the case. The LEARNED JUDGES consulted fora short time, and then said that, under the circumstances, the offence was not one which could be submitted to inquiry. The Court had no jurisdiction. CHRISTI! AS CAROLS.— Christmas carols are still sung in Ireland. In Scotland, where no Church feasts have been kept since the days of John Knox, the custom is unknown. In Wales it is still preserved to a greater extent than in England. At the former period the Welsh had carols adapted to most of the ecclesiastical festivals, and the four seasons of the year ; but at this time they are limited to Christmas. After the turn of midnight, on Christmas-eve, service is performed in the churches by the singing of carols to the harp. While the Christmas holidays continue, they are sung in like manner in the houses. THE SUN, LONDON, WEDNESDAY, DECEMBER 15, 1841 GUILDHALL.—(THIS DAY.) A diminutive l a d, name d G eorge Wi t h ers , about 12 years of age, wh o h a d b een an errand b oy i n t h e serv i ce of Messrs. Spottiswoode, the printers, was charged with robbing his employers. William Wild said the prisoner had been for some time employed with the Messrs. Spottiswoode, and seve ral books having been missed, an inquiry was instituted, when it was found that the prisoner had sold a number of books to other persons employed on the premises. The witness produced a number of books, which he de scribed as office copies, or works kept for reference, and which had been taken from a room to which alone the prisoner had access. - The prisoner having refused to say anything in his de fence, was remanded until this day week, and ordered to be kept solitary. Three young paupers, named Owen, Murphy, and Roehuck, were charged by Alexander Lamb, the master of the West Lond3n Union, with refusing to work at the wheel. In reply to the Bench the complainant said the wheel was used to grind flour, and he did not require the pau pers to work more than six hours a day. The prisoners in their defence said they refused to work unless they got some slight increase in their allow ance of food, as all they Low got was twelve ounces of bread daily with a small quantity of gruel, and they found their strength quite inadequate to hard labour, like that required at the wheel. The sitting ALDERMAN ordered them to be discharged GENERAL MEETING AND RE HEARSAL OF MR. MAINZER'S PUPILS AT THE MUSIC HALL, STORE-STREET. In this age, so rife with precocity and improvement, the feeling of wonder is all but dead within us, and those events and things which would have made the hair of our forefathers stand on end with astonishment pass by us now as idle things, " which we respect not." If we did not feel astonishment last evening we at least felt pleasurable surprise at the degree of accuracy attained by the pupils of Mr. Mainzer. The vocal performances were confined to choruses, which were admirably exe cuted considering the short space of time, only 16 days, the pupils have had for instruction. The gem of the evening was a preladio fuyalo by Mr. Jones on the organ, which was indeed an elaborate performance, and was most enthu siastically applauded. The performances concluded with " God save the Queen," and we have seldom heard it given with finer effect, and here the good instruction of Mr. Mainzer was indeed conspi cuous, as the voices, 1,200 in number, were as one. Amongst the audience, which was an elegant and fashionable one, we noticed Lord Brougham, Mr. Robert Owen, &c. Mr. Mainzer delivered a short address explanatory of his object, which, as he stated, is toes tablish a national singing instit u ti on , eac h p u pil paying the sum of sixpence per month towards the expenses. Ho stated that he proposell extending it to the provinces; and he had established a class at Brighton, which num bered eight hundred. The evening's entertainment ter minated at ten o'clock; and there was but one complaint, which was the want of room, as the boxes only contained room for six tickets for a dozen that had been issued. CHARTIST PREACHERS. Mr. Vincent preached a sermon at Bath on Sunday last, the 12th inst. The text was chosen from John viii. 12, "I am the Light of the world ; he who followeth after the shall not walk in darkness, but shall have the light of life." Mr. V. proceeded to give a brief outline of the person and character of Christ: the lowliness of his temporal origin; the apparent insignificance of his birth; the honour poverty had conferred upon it by the Deity introducing his choicest blessing to the world through the medium of the industrious classes. He spoke of this lowliness of origin as showing that worldly wealth and titles are not great in the eyes of God; and that the humility of Christ was a severe rebuke to the lofty and wicked ones of the earth. He then glanced at the condi tion of the Jewish and the Heathen world at the time Christ appeared; and at the extraordinary impression made by his doctrines. He then took the words of the text " I am the Light," and showed that light was the best personification of TRUTH. The light of Christ was spoken of as spiritual, moral, intellectual, social, and political. The spiritual light spoke of man's immortal ity. Mr. Vincent dwelt at length on the importance of this LIGHT ;—how it levelled the artificial distinctions of society—how it raised the slave, pauper, and beggar, when it showed that within their emaciated bodies God had implanted immortal souls that should be received into his eternal presence when the turmoil of life should be past. The king and the pauper would pass through the same tomb, and their reception in heaven would not depend upon wealth or poverty, but upon the ful filment of God's laws—an imitation of Christ—and the proper performance of their earthly duties. The moral light taught men they were brethren ; that God made of one blood all the nations of the earth ; we were to love one another ; delight in charity and mercy ; to give heart worship to our Creator ; and let our faith be of that lively character as should evince it self in works of practical good towards all with whom we came in contact. Intellectual light was necessary to make men acquainted with the laws of God and the laws of their own being; to elevate their characters; to give increased beauty to the moral light; to diffuse the blessings of science; to enable men to defend their rights against the encroachments of others; or to win rights when withheld. Social light was necessary to teach men how institutions could be so fashioned as to pro. mete the good of all. Political light was necessary to show the iniquity and atheism of our present rulers, and the injustice of all exclusive systems of govern ment. Mr. Vincent, at great length, (supported by passages from the Scriptures) proved that Christ's Gospel was this light; that it established the equality of man ; that it was the foe of darkness and vice ; that it bore testimony against all wrong ; and that as soon as all men saw the Light the world would be religiously, intellectu a ll y, mora ll y , soc i a lly, and poli tically revolutionised. M r . Vi ncent conc l u d e d a sermon, of which it is impos s ibl e to g i ve an ything but a mere outline, by showing h ow a l l classes nee d e d "th e Light," and by imploring th e D e i ty to ena bi .e a ll t o b ecom e il lumined by the spirit and p rac tice of Christ. The building was crow d e d to suffocation. Hundreds outside were unable to gain admission evening, at Mr. Philp delivered his second lecture on the same crowded. A powerful impression was made upon all present. The precepts and practice of Christ were con trasted with the exactions of the Church, and the gene ral 3, Gallaway buildings. The room was immorality of the higher and other classes. The im morality and irreligion of our present system of Govern 'a mnrtwerea expounded. eloquently set focrita;hkeandleetitleereCshrieistitahne duties same clearly e place next Sunday evening, at half-past six o'clock. DEATH OF PHILIP COURTNAYi ESQ;/ BAR- • RISTER-AT-LAW, FROM HAVING TAKEN AN OVER-DOSE OF MORPHIA.—We regret to record the demise of this highly respectable gentleman, which took place at the Adelphi Hotel, Liverpool, on the night of Friday last, under circumstances of a peculiarly distressing charac ter. It appears from th e evidence ad d uce d upon t h e in quest that Mr. Court nay, who had b een a barrister-at law on this circuit, an d l ately the representat i ve i n Par liament for Bridgewater, had contracted the dangerous habit of taking medicines without consulting a profes sional adviser for certain pains and ailments under which he occasionally laboured, and that laudanum or some preparation of opium was his favourite dose. Having re cently come back from Ireland, where he had been en gaged in the transaction of some family business, he was staying at the Adelphi for a few days, prior to his return to London, where he resided. Having purchased a phial of solution of acetate morphia from Mr. Rawle, of Church-street, and a second phial of solution of muriate of morphia from Messrs. Butler and Colquhoun, of Castle street, the whole, or the greater portion of both of which, it would seem, he swallowed on the night of Thursday last, for some pains under which he probably laboured at the time ; the consequence was that death ensued on the following evening. The deceased was in his sGth or 57th year. A Coroner's Jury, without a moment's hesi tation, returned a verdict to the effect, " That the de ceased, intending to take a certain quantity of the medi cine, took an over-dose, which caused his death."—Liver pool Mail. The Siecle has the following amusing fling at Mr. and Mrs. Standish :—" Mr. and Mrs. Standish, the heirs of the rich Englishman who bequeathed a fine library and a magnificent gallery of pictures to Louis Philippe, are invited to all the parties given by the Royal Family. In the summer they were at Fontainebleau ; and the Duke of Orleans diEl the honours of reception. As he was showing them over the Palace he stopped and said, " This is the gallery where Queen Christina bad Monaldeschi assassinated." At these words Mr. and Mrs. Standish, who had only the day before passed the evening with Christina Queen of Spain, were struck with horror to think they should have been in such society." The laving down of wood pavement here by way of experiment has corrmaiced in the Rue Neuve des Petits Champs, which is a great thoroughfare, and near the Bank of France. The Charivani, alluding to the name given to this ;pavement—which is, I believe, ste reoconique—calls it, purposely, stereocomique ; and then adds that it is likely to become stereotragique, by causing the death of hundreds, who will be run over before they can get out of the way of the carriages, which will come noiselessly upon them. There is this danger %o be ap prehended, for it is impossible to get French people out of the habit of walking in the middle of the streets, even where there are wide foot pavements. Should the expe riment, however, succeed, the adoption of wood pave ment in some parts of Paris will be equal to an additional value of 25 per cent. to house property, for the noise of the carriage wheels at night, in some of the narrow streets, is so great that tenants can scarcely bo found for the houses.—Letter from Paris. The prize ox which fell into the kitchen of the hair-dresser's shop at the corner of Vere-street, Clare market, on Monday, was obliged to be slaughtered there this morning, all attempts to get it out proving unavailing. TRADE OF DUMBARTON AND NEIGHBOUR nooD.—This ancient county town is suffering severely from the present depressed state of the shipping trade, upwards of 200 carpenters and joiners being out of employment. But Dumbarton is not alone in this respect. Greenock and other ports on the Clyde presenting a si milar decline in ship-building. The Dumbarton Crown Glass and Bottle Works, however, forms an ex ception, the proprietors preceding steadily in the in crease df their manufacture, thereby affording-a portion of the population of the town a handsome remuneration for their labour. We have nothing favourable to note regarding the printing in the Vale of Leven, as many hands still go idle.—.Edinburglt Chronicle. In consequence of the continuance of wet weather the banks of the Arun, in the neighbourhood of h av e overflowed, and t h e hay-stac k s are now in three and four feet of water . P e rsons A r standing undel, are obliged to be conveyed along the roads in waggons Some of the meadows have been undvy . yvater for the last three months. BOROUGH MAGISTRATES. (Abridged from the Devonport Independent). A very numerously attended public meeting was held on Wednesday evening last at the Town Hall, according to a respectably-signed requisition, for the purpose of considering the propriety of memorialising her Majes ty's Government on the contemplated appointment of new Borough Magistrates, and praying the Legislature to take into consideration the whole present system of magisterial appointments, with the view of substituting for them Stipendiary Magistrates, to be paid by the State. It was evident that the greater number of those present. were averse to the proposal. Capt. SAUNDERS, R.N., having been called to the chair, Mr. W. J. LITTLE said he felt great pleasure in ad dressing them now, as he should on another occasion a Jury composed of men who would go into the box having no bias either for the• plaintiff or defendant-- either for the prosecutor or the prisoner. Any question connected with the administration of the law, and with the administration of justice, did indeed demand their serious consideration as much as a question that affected the rights of the public in general, the rights of any one branch of society, or the rights of any particular person. The meeting was called to consider the propriety of me morialising her Majesty's Government, or rather peti tioning Parliament to deliberate on the expediency of appointing throughout the kingdom gentlemen with a competent knowledge of the law, as Stipendiary Magis trates. Before he proceeded further he wished them thoroughly to understand him, because he understood that some gentlemen had come to the meeting prejudiced against the motion before them, because, if Stipendiary Magistrates were appointed throughout the kingdom, and if they had one in this town, it would add to the heavy burdens they were exposed to, in the shape of taxes, and for that reason they were opposed to it ; but, before he concluded, he trusted that he should satisfy them that it would not entail on them any extra expense, while it would be the means of giving the people what they ought to ask for and had a right to require, a purer administra tion of justice and of the law—(Hear)—throughout the kingdom. The present system was attended with certain evils, which he trusted would be removed by the mea sure which he proposed to carry out. Magistrates were appointed now, in counties by the Lords Lieutenant, and in municipal boroughs like this it might perhaps be said by the Council, or it might be contended, on the other hand, by the Government of the time being. It was against these appointments thitt he then addressed them; he would contend that these appointments were not made as appointments of such vast importance ought, to be, and his reason for saying so was this, that competence to fill the office was always lost sight of, legal competence was lost sight of, and the appointments were made pro and con, according to whether the Government exercised the power of appointing men of political opinions coinci ding with their own. In the appointment of Magistrates of counties they would find that wherever there was a Whig Lord Lieutenant, if he created Magistrates he gene rally culled them from gentlemen of his own political party. He need say no niore than this, but simpl y ask them the question, was that the basis on which the fabric of justice ought to be built ? Was the simple fact of a man being a Whig or a Tory, a qualification for a seat on the bench, when it ought to be filled by men compe tent to discharge the duties of the office ? Magistrates were petty judges, and ought to have a knowledge of all questions argued before them. Gentlemen of his (Mr. L.'s) profession were in the habit of appearing be fore the Magistrates, and there were gentlemen of more eloquence than he possessed, who might make black ap pear white.—(Laughter and cheers.) There might be gentlemen of powers of speech so great as to make black appear white in the estimation of ignorant people-- (Laughter)—he would say then, were they, the public, the people, who were in the habit of having their rights and liberties tried before the Magistrates, were they to have those rights and liberties endangered by having them placed before those whose only qualification to fill the chair of Justice was their being Whigs or Tories? This had been carried out, though Lord Fortescue, Lord Mount Edgcumbe, and Sir William Trelawny, all men respected in private life, and who would not have ap pointed any man as a Magistrate who was not respected in his private character, but he would ask them if this alone was sufficient to fit men to preside on the Bench? He would ask them whether the fox-hunting squire or the clergyman of the parish were qualified for Magis trates? Was the sportsman a competent person to de cide on questions arising from the game-laws? Or was the clergyman, whose duty it was to speak on topics of religion, a fit and proper person to sit in judgment on vice and immorality ? He thought they would agree with him that a clergyman who properly discharged his duties—he regretted that there were many who did not, but a gentleman who filled the pulpit, and performed the duties of a church had enough to attend to, in supplying the spiritual wants of his congregation, and had no business to interfere in political meetings—(Cheers)—nor had any right to decide questions on the Bench. It had been said by Lord Brougham that by combining the office of Clergyman with that of Magistrate, two good offices were spoiled.—(Hear, hear.) If he devoted all his attention to one, he must neglect and probably spoil the other. He would now ask them to take into con sideration the appointments under the Municipal Act, and in doing so he would refer first to the appointments in this borough. When the Municipal Act came into operation he believed it was intimated that the Govern ment would appoint those gentlemen as Magistrates whose recommendations were sent up by the Town Council ; for the majority of the Magistrates he believed that such a recommendation was sent up, and certain gentlemen were appointed. But after those appoint ments, by an act of the late Government, two gentle men were, to use the language of the Conservative, " pitchforked" into the Magistracy. If there was one act of the late Government which Whigs ought to frown at more than another, he thought it was this one, that of "pitchforking" on the Bench (he quoted that term from the Conservative) two gentlemen not in the original recommendation from the Town Council. Ought they to see the temple of justice thus desecrated to political purposes ?—(Loud cheers)—he was sure there was not an honest man before him who would not agree with him that this act was a blot on the conduct of the late Government.—(Cheers.) It was a bad pre cedent that had been introduced by the late Government. —(Hear, hear.) It had, however, been copied by the present Government at Bristol, Worcester, and many other boroughs; and because in those places the ; Whigs had gained a political ascendancy, six, or eight, or ten Tory Magistrates were now to be nominated. These were all evils connected with the present system, and those evils ought to be remedied.—(Hear, hear, and cheers,) The gentleman who filled the chair, (and it was with great pleasure he had heard him named, and he should bow with respect to him in private life), might possibly be one of those who was intended to be placed on the Bench, and if so, he begged to say to him that it was not his wish, nor did he come there to make this a party question, nor to make a personal attack against him or the gentleman (he alluded to Mr. Rees) who sat on his left.—(Hear, and cheers.) The object to which he would direct their attention was this : the Magistrates were petty judges, and ho could prove from his own ex perience of five years—and when he gave them his word that it was truth he told them he trusted that every man present would believe him—his own ex perience would go to prove the fact that the present men were incompetent to fill the offices they held, or at least that they had not that legal know ledge which lie trusted they would agree with him in saying was necessary ; Magistrates ought not to be appointed because they were partisans of the powers that be ; they ought only to be appointed from their knowledge of the law, and their power of being able to give their decisions unbiased and unprejudiced,aind with out any local attachments on the questions that were so often argued before them.—(Cheers.) He had just told them that he was prepared to show them from the result of his own experience that the gentlemen who filled the Bench were incompetent to discharge the duties of the Magisterial office. A few months ago he himself had a case of a poor woman, the wife of an artisan in this dock yard, which was brought before the Magistrates of this borough ; she was charged with stealing a cotton gown. He had attended as the advocate in that case, he was not often in the habit of doing so for prisoners, but he did so in this case. He conscientiously believed she was inno cent, and he therefore entered with more than ordi nary spirit into the merits of the case. She solemnly assured him that she had not stolen the pro perty, and he was strongly induced to take the matter up, and he did so. The whole evidence against the poor woman was this: the prosecutor lived in Cornm all street, and the prisoner lived in King-street; the gown was seen by a child of the prosecutor in the hand of the prisoner on the afternoon of the arrival of Mr. Dawson in the borough, when, as they were aware, the streets of the town were crowded to a great extent. She was seen in King-street, at five o'clock in the afternoon, with that gown in her hand, or part of it ; the child who was pass ing identified the property and went home and told her father. Her father obtained a warrant or a summons, and he (Mr. Little) attended for this poor woman, the defendant, before the bench of Magistrates. It was ra ther singular that Mr. Abbott and Mr. Somerville were the Magistrates on that occasion, and upon the simple evidence of the two prosecutor's children, one of whom swore to her own work in the gown, and the other to her sister's work, this poor woman, although he contended that there was not a tittle of evidence on which a Jury would convict the prisoner, and although he was prepared to account for the possession of the property, was com mitted, and sent to take her trial at Exeter.—(A voice "Where was Mr. Bone ?") Mr. Bone was not there, but his clerk, Mr. Gedye was, and was not that another evil of the existing system ?—(Hear.) When he addressed the Bench, he told them he was prepared to prove by the evidence of a person who lived in the same house as the prisoner that the frock had been worn long before the prosecutor missed it, and be was prepared to prove that it had been bought two years before the period of the prosecutions at Plymouth, yet, would they believe it, the Benth told him that they would not hear any evidence on that point, and that if such evidence was produced on the trial, the Jury would not find the woman guilty ; th e woman was actually sent to take her trial at the County Sessions. When the Bench themselves allowed that if such evidence was produced the woman would not be found guilty, was the county to be saddled with the expense of prosecuting, and was the poor woman to be placed is the situation of a trembling prisoner, with her personal liberty put in jeopardy, because the Bench would not hear him ?—(Cheers.) He put a case to t h e m thus :—Supposing a person w as c h arged with an abominable offence, and he was prepared with evidence to prove an alibi,, were they to tell him that they would not hear that evidence ?—(Con tinned cheers.) He put another case to them : Sup posing a Banking House in. the town were robbed, and the notes were traced to a merchant's establishment, would they refuse to hear the evidence of the clerks of that establishment, to prove :that they were left there in a parcel ? Yet Mr. Somerville told him that if such a case were brought against hi mself (Mr. Little) he (Mr. Somerville) would commit him n.—(Cheers and laughter.) But before he turn(md t o should state the anott er part ..of the subject, he .slid go to Exeter, a brief I was handed to Counsel, and she underwent her trial, and the result was that the Jury stopped the Earl of Devon , in his summing up, said they were 'perfectly satisfied, and returned a verdict of not guilty.—(Cheers.) Yet by and bye his friends, perhaps, would tell him that there were no evils in the present system, and that justice was better administered by it than if a Stipendary Ma gistrate were placed here. He was sure that there was not a . person then present but must agree that they were incompetent ; it might be said, perhaps, that they were ill-advised, but it was the people, the public, the suitors who often had to appear at this tribunal, who were the parties that suffered from it. He felt that the subject was of vast importance ; some of them were tired of this discussion, and he was sorry that he had trespassed on their time so long, though from knowing the f orm id a bl e oppos i t i on h e had to encounter, he had felt it right to enter more into detail than he otherwise should have done. He only asked them for their calm reflection, and to give their honest votes on the subject. Mr. LITTLE then read the following petition -- TO THE HONOURABLE THE COMMONS OF GREAT BRITAIN AND IRELAND IN PARLIAMENT ASSEMBLED. The humble Petition of the undersigned Inhabitants of the Borough of Devonport, in the County of Devon. Showeth—That your petitioners have witnessed with feelings of great concern the course that has been pursued by the late and present Government in the appointment of Justices of the Peace in various Municipal Towns, and most earnestly but respectfully so li c it th e a t tent i on of the Legislature to the propriety of appointing District Sti pendiary Magistrates throughout England of competent legal knowledge, to be paid by the State, as are the Judges of the superior Courts of Law. That your petitioners are induced to direct the serious attention of both Houses of Parliament to this important question, from the conviction that great and growing evils exist under the present system, in the appointment of Justices of the Peace as well in Counties, as in the municipal Towns of England. That it cannot be denied that in Counties (the appointment being almost abso lutely vested in the Lords Lieutenant), such appoint ments are made too frequently with regard, only to the political opinions of the party, whilst in various towns in which so many as ten gentlemen were appointed under the Municipal Act, as many more, or nearly so, have recently been appointed (for what reason your pe titioners are unable to learn), by the Right Hon. Baronet who now fills the important office of Secretary of State for the Home Department in her Majesty's Government. That in the short limits of a petition, your petitioners cannot enter fully into the various arguments which might be urged against such appointments, or the evils which exist under the present system, but that your pe titioners with confidence submit that the Legislature in the solemn discharge of its duties, cannot hold it to be right on the one hand, that the administration of justice should be entrusted to men who are not competent by education to understand the questions of law and juris prudence that are frequently discussed at Courts of Quar ter and Petty Sessions, nor on the other that the appoint ment of Justices of the Peace throughout the kingdom should be made subservient to political purposes. Your petitioners, therefore, most respectfully solicit an inquiry into the subject, and trust that the result will lead to the appointment throughout England, of gentle men of competent or legal knowledge as district Stipen diary Magistrates, to be paid by the State, and appointed by such of the Judges of the Superior Coarts as it may be deemed advisable to invest with so important a power. Such (continued Mr.L.) is the petition to the Houses of Parliament that I shall move to you, and it is upon the whole merits of the question that I ask you to give your votes, if votes are to be called for. That evils do exist is undoubted, and those evils ought to be reformed. But you may ask me, how are they to be reformed ? My answer to that question is brief, for I will answer it by putting another—who is it that suffers by the present system ? It is yourselves, it is the people who have cause to complain. The power of King, Lords, and Commons, says the eloquent Junius, is not an arbitrary power; they are the trustees of the State, not the owners; the fee simple of the State is vested in the people. It is you who have cause to complain ; it is for you to adopt the legitimate means for reforming the evils I speak of ; and if you ask me how that is to be done, I will tell you it is by respectfully petitioning the Houses of Parliament to take into consideration those existing evils, in such a form as I trust is embodied in the petition. It is by such means that our ancestors removed those evils, the very existence of which, if they had not been depicted on the page of history, they, at the present would have doubted; it is by such a course we arrived at the second Magna Charter of our liberties, the Reform Bill ; it is by such a course that the foul blot of negro slavery was wiped out, it is by such a course we made the negro free.—(Cheers.) Mr. T. HAwKER seconded the resolution for adopting the petition. In so doing he would ask the Chairman if, in the honourable profession to which he belonged, there was ever an appointment made without the person pass ing proper examinations, and being a regular bred sea man ? Why, then should it not be so in the profession of the law ? Was there any professional man but must go through a regular course of training to fit him for that profession ? Mr. RYDER immediately moved an amendment to the effect, that the motion before the meeting was unneces sary and utterly uncalled for, as it would entail a heavy expense on the boroughs to which a Stipendiary Magis trate might be appointed. If a paid Magistrate were to be appointed he would be appointed by precisely the same person as the present ones were appointed ; therefore there was no seeurity for the appointment not being made a political one ; in fact it was more likely to be so, it being an office with emoluments attached to it. In Ireland these appointments had been made politi cal. The petition was foreign to the call of the meeting, which was convened to memorialise her Majesty's Go vernment, not a word had been said about a memorial, but a petition to both Houses of Parliament was pro posed. The proper time to have called the pre sent meeting was when the " foul blot" was committed by the late Government and not now.—(Hear, hear.) He had said that it would not be attended with any increase of expense, but he had not proved it by a single word. He read the 96th clause of the Municipal Act to prove that the Government could not legally appoint a Stipendiary Magistrate to any borough, as the application for such an officer must come from the Town Council, who alone had the power of fixing the amount of his salary ; even in case of the death of a Magistrate, so jealous had the law been, that no appointment could be made till a second application had been forwarded. There were no means of paying him but directly from the borough-rate, as there were no possible means of interfering with the fees of the Magistrates' Clerk, except by a special arrangement with him, or by his taking the office on condition of giving up his fees and receiving a fixed salary instead. Even the amount of the fees, if it could be obtained, would not be sufficient for the purpose, as he must be a very . poor barrister indeed if he did not make by his profession a larger sum than this or any other borough would be likely to give. He pointed out the difference between a permanent Magistrate and a Recorder-who.only sat four times a year. and dissented from the opinion filet lawyers make the best Judges. What Mr. Little had himself said was sufficient to prove it. He should be ashamed to belong to a profession that could purposely make " black appear white." He defended the appointment of the two gentlemen who were styled the " pitch forked" Magistrates, as they were only thrown out of the recommendation by party trick and party spite, and he thought the Government had exercised a salutary power in appointing them. He considered that Magistrates sat as jurymen, to judge right from wrong ; and he be lieved any honest man, with the power of discrimination, could tell right from wrong. The mover had alluded to a case of his own; but he thought it was not for him to come there and impugn the decision of the Bench : if the Magistrates had acted illegally, it was his duty to have prosecuted them. Cases were as often lost from the want of tact on the part of the advocate as from incompetence in the Magistrates, and the fact of the Grand Jury having found a true bill in the case, was sufficient to exonerate the Magistrates from the charge of incompe tence. In that case a lawyer attended as clerk, and a i lawyer on the Bench was as likely to err, as the clerk. Had the paid Magistrates at Bow-street and other offices, never given wrong decisions which had been ap pealed against ? The motion was unnecessary and un called for, the charge would entail a heavy expense on the borough, and he hoped therefore that the meeting would in no degree entertain it. Mr. J. BEER seconded the amendment in a speech of immense length. He remarked on the time chosen to bring the petition furs' ard, and on no one having been found to second it but two lawyers. He corrected the mover as to the appointment of County Magistrates, which laid ultimately with the Lord Chancellor, and contended that it pia neither becoming nor . proper that a Stipendiarygistrate should be appointed in such a borough as this. He challenged a comparison between the manner in which the public business was conducted when the County Magistrates acted in the borough, and the way in which it was conducted at the present time. He condemned the principliemopfopssoilbilteicatol appointments as totally bad ; but as it 'was appoint Magistrates without political feelings, all he asked was, that political preponderance should be done away; ought they all to be of one opinion ?—(Hear.) He objected to the expense, observing that in Plymouth where the borough had large resources, they were al ready complaining of the expense of the Recorder's salary of 2001. a year. If a Recorder, who only sat on an average twelve times in a year received 2001. a year, what would be required for a barrister who should be required to give up all his time, and to renounce all his fees ?—(A Voice--" 8001. a year !") Some one fixed it at 8001. a year, but he had rated it considerably below the mark ; they would never get a barrister of any standing for any such sum. The barri ster, too, would be as much liable to political bias as the 3 gistrates. H e acqu i tte d t h e M a gistrates here u . o u f everi Ire a :- having act e d po li t i ca ll y on the Bench, land the offi ce o f Stipendiary j‘lmtr prostituted to political purpose s. at b e t ha l d been lle would agree to their appointing a good WhigLaaunrd, paying the salaries of both.—(Laughter.) lit a e r g . r d ll l e 'o a r ll ' u a d i e ' alluded been refused to the order of the T own amount, but if lie could to the return of the fees of the 111,10atniacraoticsi'ciCl1;etrilliehyawvienrge therefore in the dark as he would certainly get the amendment. prove that they werecatsrimdtuoucfh u a u s e l a ,s rg oo u / Lu o u r a l, o 6 l o l o t / hu a year. score of expense. party spirit had 1 a °Teat knowledge of the law necessary Mr. A stated XFOßldDieilsoetch in g thatt dohewiltvhastzueitperseasteinsfitemdottihoant. I He did not thin , be honest. It should be proved right administration of justice ; it might be done b y . any John Russell it was i for the in the recommendationinine(l totoLord that we re Whigs. the -Councillors were I s pecified who ma n determined FOSTER stated that it was done. Mr. AxFORD thought in that case unworthy of the office they filled ; Lord John Russell had only acted on the recommendation of the Council. Mr. BEES replied againston the the m motion. otin Mr. stating that he had very little to answer, for he would ask them whether they hofil heard one honest reason why they should not give EVENING SUI him their votes on this occasion ? The gexitlmen had drawn their attention as much as possible to the argu ment of expense, in order to entrap as many votes as they could ; they had used not the arq u vzenLur ad 4 _ 4 'o hominem, but the argument addressed exclusively tc. their ---- pockets, as if they valued not their liberties o r their rights so much as they did their purses. Tfaekapptopte. the objection as to the appointment o f the Stipenditry IQ Magistrate, and the question of expense, was contained in the petition, which he was sorry the mover of the amendment had not seen, nor did the seconder seem to have read it. Mr. L. then read the extracts from the petition, praying that the Magistrates should be paid by the State, and appointed by such of the Judges of the superior Courts as the Legislature might think fit to name. He should not have been silly enough to ask them for their votes for a plan that would add to their expenditure, but it was an important consideration that the Magistrates were petty judges of points of law, and ought not to be compelled to look always at the desk be neath them for assistance.—(Cheers.) The great ques tion waft were there evils or not, and could they be re medied? The CHAIRMAN then put the amendment to the meet ing, and it was carried by an overwhelming majority. A vote of thanks was moved to the Chairman, second ed by Mr. Little, and carried unanimously, and the meet ing broke up. Though advocating an unpopular subject, Mr. Little commanded, throughout his address, the attention of the meeting, and was repeatedly cheered even by those who voted against him. MIRACULOUS ESCAPE FROM SHIP WRECK. The fine brig Amity, of Newhaven, 252 tons register, John Scott, commander, sailed from Colombo, in the island of Ceylon, on the sth of June last, with a valuable cargo, consisting of 264 tons of cocoa-nut oil, in tanks and casks, a large quantity of deer and buffalo horns, about 150 coils coir rope, 5,000 packages coir junk, 2,000 bundles of coir yarn, and several bales of coir fibre, which, together with the value of the ship, was valued by Mr. Hennin, a salvage agent, of Mount-street, Whitechapel-road, at 15,6411. The ship, in tilting her course up the English Channel, owing to the dab fog, was obliged to run into Dungeness Roads for a pilot before daybreak on the 30th ult., and there let go both anchors ; but the wind and waves racing in a most ter rific manner, swept all before them, and the Amity struck on a sand-bank, which carried away her rudder, and consequently she was obliged to slip her cables, and run from her anchors. Her windlass, owing to the heavy beating of the sea, was broken, bit gone, foremast sprung between decks, and nine feet water in the hold. In this disabled state, with the prospect of her becoming a total wreck, the Pandora, of Dover, Thomas Collins, master, with four men ' while cruising off Dungeness, perceived th e b r i g w i t h a woff in her main riggirg, and signals of distress flying at her mast-head, made for and boarded her about nine, A.M., when John Adams and James Aldenbury Hender son (an old twenty-six year North Sea pilot), went on board, and found her to be abreast of Brockman's barn, off Dungeness, bearing N.N.W. in four fathoms water, and very leaky, and in the crippled state before men tioned ; upon which they . made signals for more assist ance, and the cutter, having made fast two hawsers, one on each quarter, endeavoured to steer the brig for Dover harbour, and got sail upon her about ten, A.M. About tkis time the lugger Catherine, of Dover, 'William Da vidson, master, with four men, hove in sight, boarded her, and took the Amity in tow. The leak in creased, and great fear was entertained that the Amity would go down in deep water, and all hands were kept to the pumps. The Amity made Dover bar, in charge of the salvors, about one, P.M., of the same day, and it was discovered that there was not sufficient depth to cross the bar. The wind was 'then blowing a tremendous gale and the sea running strong. On the Amity reaching within fifteen fathoms of the south pierhead a heavy sea struck her, she pitched heavily, and was, in a few minutes, forced about forty fathoms to the eastward of the north pierhead, and, beat ing round, stranded on the beach. The boatmen were now compelled to cut adrift, and, to save their own lives and property, make for the Downs. The pumps on board were still kept at ‘s ork, which so lightened the brig that she floated about an hour before high water, and about one A.m., on the Ist instant, she was brought into Dover Harbour by the boatmen, and her cargo is now being discharged there. During the time she lay stranded on the beach great fears were enter tained by at least 800 spectators, who watched her with great anxiety, that she would become a total wreck, especially as the wind at that time was blowing very strong from the S.W. Not one life was lost in this dangerous enterprise, and great praise is due to those courageous men, Collison, Davison, Adams, and Henderson. and the boatmen generally for their exertion. But for their nautical skill and perse verance, the Amity would have become a total wreck, and every man on board would have perished. Davison is known at Dover as " Old Jumper," who has many times risked his life by taking foreign mail bags over sea when others would not put off. On Monday a Board of Commissioners was called by Messrs. Latham, Lloyd's agents at Dover, on behalf of the ship and cargo, and Mr. T. J. Hennis, salvage agent, on account of the salvors and pilot, at the King's Head, Hotel, Dover, be fore Thomas Pain, Esq., R.N., Chairman, John Hyons, Esq., Harbour Master, Deputy ; Captain Mudge, Captain Shylock, R.N., Daniel Peake, Esq., and the Col lector of her Majesty's Customs.for the port of Dover, when, after receiving evidence similar to the above state ment, and the valuation of Messrs. Latham and Mr. lien nis, at 15,6411., the Court unanimously awarded the salvors the sum of 5034 which was instantly paid. COURT CIRCULAR. WINDSOR, TUESDAY.—The Queen and Prince Albert walked both this morning and in the afternoon on the Terrace and in the New Grounds of the Little Park to Adelaide Cottage. Her Royal Highness the Duchess of Kent also walked .to Adelaide Cottage, attended by her Lady in Waiting, and rode back in a pony phaeton to the Castle. His Royal Highness the Prince enjoyed the sport of pheasant shooting this morning in the vicinity of Ascot Gate, attended by the Earl of Warwick, Sir Edward Bowater, and the Hon. C. A. Murray. Their Royal Highnesses the Duke and Duchess of Cambridge and the Princess Augusta of Cambridge, arrived in town yesterday from their residence at Kew. Their Royal Highnesses visited the Duchess of Gloucester, at Gloucester House, and in the afternoon returned to Kew. A Cabinet Council was held at half-vast three o'clock yesterday afternoon at the Foreign-office. The following Ministers were present :—Sir Ro bert Peel, the Lord Chancellor, the Duke of Wellington, the Duke of Buckingham, Lord Wharncliffe, the Earl of Aberdeen, Lord Stan ley, Sir James Graham,the Chancellor of the Exchequer, the Earl of laddington, the Earl of Ripon, Sir Henry Hardinge, and Sir Edward Knatchbull. The Council broke up soon after five o'clock. His Excellency Edward Everett, Envoy Ex traordinary and Minister Plenipotentiary of th e e v s e e m rs n t i r s United States to this Court , with Mrs. Ever e tt and 141114, arrived 1 . 11 i7 Baron Upperthepuu o Grosvenor-street, on Monday,de 3 f i r o o n m eo P r l a , tran sacted business' yesterday, at the , Foreign office. _ _____ The Duke of Wellington has arrived in town from Strathfieldsaye. Lord Stanley arrived in town on Monday night from Knowsley Hall, Lancashire. Despatches from the Governors of St. Helena and Gibraltar were received yesterday at the Colonial-office. The Lords of the Judicial Committee of her Majesty's Most Honourable Privy Council sat yesterday. There were present the Lord , Presi dent,ii Lord Brougham, Mr. Baron Parka, the Judge of the Admiralty Court. The Hon._ , _ t _ n w o. Bathurst was the Clerk ofthe Council in Waitin g . i ~ of their Lordships, on an app ea 1 , Ranee Zu loor-oon- Mr. Baron Parke gave judgmenitiroomnntßheentaarit, " Rajah Deedar Hossain r. . _ Lower (after making some triflingn , er Canada, " Fraser and Nissa," affirming the decreaeltoefrattliloenu),o,uvirtthbceolsotsw. An appeal from 3 N r s:a Q s it: c e s . u: andne ci and concluded. appearing for the respective parties. Burge, Q.C. , appe s ni . K F in ras de e r r s , l ' e ' Lagueux v. Murr a y*i‘le Me ssrs. t ships, affirmedhe decree of the Court below. C I Mr. Bu Vie, Qi ., was heard for the appellant, • Lord Brougha m, on the part of their Lord in "John louze v. Philip Tilleul," from Jersey. DEATH OF LADY ANNE FITZPAYRICK.--. We have to record the demise of the above much-l a . mented lady, who died on Saturday last, at Farmi ng Woods, N o rthamptonshire, after a short illness. H er Ladyship was the eldest and on l y s urvivin g daughter of the late Earl of Upper Ossory (tit le extin ct) , by Anne, the divorced Duchess of Grafton, daughter of Lord Ra vensworth, whom his Lordship married in 1769, Her Ladyship was a lineal descen dant of the ancient I r i s h family . of Fitzpatrick, descended from Donald . M`D onald M‘Gill Patrick, Prince of the territory of Upper O ssory, in the province of Leinster, who was slain i n 1087. B livedwawas f a i t n h e t the reigns f of Henry VII. and rnHayenr G i ll BurnabyVlll., and Fitzpatrick, who was created Baron of Upper Ossory, b y _ ab patent at Dublin, June 11,1541. His eldest son, th e second Peer, i 1., Patrick and was deservedly a great favourite of Edward VI. The second son (John) of this Irish Noble was ancestor of the late Earl, father of the estimable subject of this brief notice. The deceased Lady's charities , _ on th e f am il y estates, were most liberal, and her death will be long re gretted by the poor in the neighbourhood of Farming Woods,:to whom her Ladyship Was a ki n d b ene f actress. Last week the inhabitants of Worthing were much surprised by the appearance of a pack of fox hounds, with the huntsmen in full chase. It appetirs that Mr. Richardson's fox-hounds found a fox, and had an excellent run of an hour and a half, when reynard, b e ing hard pressed, ran into Worthing, followed Ly hunt a men and hounds iu full cry. The fox was killed in the ornamental shrubbery of the Crescent, which was sadly destroyed by these unusual visitors. Meetings have been held at Welshpool, and other places in "Wales, to petition the Queen for a new order of knighthood, to be called the order of St. David, and the establishment of a professorship of the 'Welsh language and literature in the Universities of Oxford and Cam bridge. in the !S' cure wo rk' fl the tak en 0 0 ' rie d v:elVc dbl OA oto l Ito in in ad