The Sun. — London, England, 1841-04-05 00:00:00

LORD DE : iEFENCE. (From the Examiner.) The Lord Chief Justice's long speech in defence of his conduct upon the case of Lord Waldegrave, would have been reduced to a very few words if he had con, fined himself strictly to what he had to state in explana tion of the matter. A dozen words conveys all that he had to offer in self-justification or palliation ; the rest of the speech was given up to the exp ress i on o f soreness , and something worse. Lord Denman began by overstating the charge against him, a common contrivance for making the most of an imperfect defence. He said that he had been accused of having stopped the proceedings against Captain Duff and Lord Waldegrave, and compelled a compromise. This is not the true representation of the charge, which was, that Lord Denman had recommended a compro mise, and that his recommendation would have pre- Nailed, and what was due to public justice would have been evaded, if the Commissioners of Police and the Minister for the Home Department had not refused to consent to the Chief Justice's recommendation of a com promise. We reprint the extract from the Chronicle's law report, upon which our remarks were founded : The jury having been thus completed, Sir F. Pollock, who appeared fur a defendant named Duff, said th..t his client and (he believed he spoke as well fur his learned friend Mr. Thesiger as for himself) Mr. Thesiger's client were willing to make the first reparation, by withdrawing the plea of not guilty and pleading guilty.—Mr. Thesiger vid thst they had, after full consideration, determined to adopt this course.--Mr. Chambers said that he had no power to object to this course, if hia Lordship, in his dis cretion, permitted it to be adopted.--Lord Denman said he should permit it, and his Lordship added a suggestion of a substantial compensation to the party injured.—Sir F. Pollock said that the defendants were deeply indebted to the Lord aief Justice fur having thrown out this sui.;gos. Con. Mr Chambers, the counsel for the prosecution, had said that if the Chief Justice permitted of a private ar rangement he bad no power to object to that course, Lord Denman was reported to have given his permission accordingly, and advised a substantial compensation. Upon this representation was grounded the chsrgr, not of arbitrarily stopping the proceedings and compelling compensation, but of giving permission for a compro mise, which the counsel for the prosecution had declared he could not object to if so sanctioned. Such was the report and the charge founded upon it ; but Lord Denman's account of what he said varies from the report in the Chronicle, and of course we are bound to take his version, which is also that of the Times.* Upon the plea of guilty, and the expression of the wish to make atonement, his Lordship states that— " At least they act right now ; let their plea be with drawn and a plea of guilty be recorded. 1 hope the case is of such a nature as to admit of its being sailed by pri vate reparation." Now really there appears to us to be no very material difference between the effect of these words and that of the expressions in the other report. There is, indeed, wonderful simplicity in the remark " at least they act right now," as if prisoners at the bar with a clear case against them were not usuall j e in a very penitent mood, and ready to do anything tes escape punishment. As to the character of the case Lord Denman de clares complete ignorance of it. That he never read, and never heard, of an outrage which was the ezhject of comment in every newspaper, and of conversation in every company, is extraordinary, but we must be lieve it, of course, as Lord Denman says it. Lord Denman's justification, then, amounts to this, that be knew nothing whatever of the case, and that he allowed of a private arrangement in the hope that the case was of a nature to admit of it. Why, he may enter tain the same hope in every case of indictment for aseanit of which he knows nothing, and with this speech for a for mula, permission for private arrangements may peel:; as matter of course. Surely it was the duty of the Chief Justice to have ascertained that the case was of a nature to allow of compromise before he gave per mis sion for such an arrangement. Lord Denman explains that in cases removed by certiorari the depositions are not in the hands of the Judge ; but without the depositions the Chief Jus cite might surely have seen enough, prima facie, in the in dictment to show that the case was not of a nature for compensation, it being for an assault committed on an officer in the execution of his duty. Now the ea me considerations which, for the preservation of the dis ci pline and conduct of the Police-office, cause the Pol ice Commissioners and the Secretary for the Home De partment. to discountenance compensation to maltr e, .ted officers should surely have occurred to the Lord C hief Justice, and it should surely have appeared to hien at the first glance at the indictment, that inasmuch : e s it was for an assault on an officer it was hot a caste for compromise. In justification of the compromise he would .have permitted, Lord Denman argues that in cases of private injury it is better that compensation sip. be made to the sufferer than that a fine show el be paid to the public treasury. It may be so ;. hut what does the law, which the Chief Justice is ap pointed to administer, direct? The law makes the wrong proceeded against by indictment penal.; the Chief Justice, whose duty it is to administer the law thinks proper to bring about the evasion of it by at ar rangement between the parties, in which the injure( as sesses his own damages. The proceeding is thu.. by indictment, but virtually the result is the civil rev edy extorted by the fear of punishment. The proe.etutor has chosen his form of procedure, the law has pre scribed the nature of the redress, but the Judge de feats the intention of the law. But here we raay be told that the Chief Justice was aware that the injured man had not been allowed any option in the mode of procedure, and that the Commissioners of :Police carried on the prosecution ; but if Lord De amen knew this, he wilfully attempted to thwart the et ds of justice sought by the Commissioners. The law is imperfect, we agree : the law should allo.v of both the criminal and civil remedy 'eoneur rently—the criminal proceeding for the public example —the civil for the reparation for the injury to the in dividual. And feeling the defect of the law, why does not Lord Denman, in his place in the House of lords, propose the desirable improvement in it ? Wcsuld it not be more becoming on his part to amend the law in the Legislature, than to set the example of evading in his high seat of judicature ? As it is, magistrates are too much disposed to fai our the private arrangement of matters of criminal prosecu tion, and it is to be observed, that in this practice the first regard must be to the wealth of the parties. 11 the prosecutor be rich and the prisorer poor, no pri vate arrangement can be thought of. The deleneant must be in a condition to prefer paying to suffering in person, or the expedient will never be suggested. Lord Denman, evidently alluding to the comparison in this journal between the sentence of fifteen ye irs' transportation on Stephen Hodge, and the proposed private arrangement of the more savage and violent outrage at Hampton Wick, treats Mr. Justice Erskine as attacked, and is _good enough to unde r take hi s de fence. Th ere has been no attack on Mr. Justice Ers kine, no impugnment or the fitness of the sentence al luded to ; it appears, undoubtedly, a heavy punishment, but for the protection of the police against such out rages the severity may be thoroughly- necessary. Lord Denman Thought it. indeed, most extraordinary that one man could know that one case, on which the evidence had not been giver, was much more heinous than rnother, the evidence on which wa; fully Leard.—(Hear, hear.) He was at a 10,s to conceive what right any one had to mike such a statement when he was in ignorance of the facts of the case. The facts of Lord Waldegrave's ease have been known to all the world except Lord Denman --the facts in evidence before a Magistrate that a police cfficer in the execution of his duty was wantonly assaulted, heat to a state of insensibility, :ad ttiat his life was in danger for some days. To the indict ment for this outrage Lord Waldegrave and Ca; t. Duff have pleaded guilty ; it is therefore idle to pre tend that there is any question or uncertainty aaout the offence, or the character of it. We believe that any new information that can be produced, not as to the acts, but as to the melancholy results, will make the case appear graver than it has yet been sup posed in its consequences, for the sufferer, as we lately mentioned, is reported to be reduced to a state of hope less imbecility. But Lord Denman does not only deny the data for our comparison, he goes farther ; he scouts the idea of comperin g the sentences for the same cffences, and re quiring anything approaching to equality in the mea sures of justice. "What a notion it was that persons could take a sentence in one peace and a sentence in another, and apply to them • a hind of foot rule.( Hear, hear)—to say here are the circumstances of one case, and there are the circumstances of another, and that therefore there was a gross disparity, and then to cast imputations upon a Judge who could not reply in an ordinary way, like other men." Now we will promise Lord Denman to make this passage the standing mott o o f the comparisons which, as the occasions arise, we shall continue to institute between t h e elec.:sures of justice dealt out to rice and poor. The Chronicle excellently remarks on the Chief Jus tice'' contempt for those who have a notion that for similar offences there should not be very dissimilar sen tences We are at a loss to understand chat the Noble and Learned Lord means by objecting to the taking a sentence in cne place and a sentence in another, and saying here are the circumstances of one case and there are the cir cumstances of another, and un der the same circumstance s there is a great di spar i ty i n t h e sentences . This i s say ing, in so many words, that there shall be no criminal law. Does Lord Denman mean to contend that a criminal judge should be governed altogether by discretion—that the public should pay no more attention to the sentences t'iL:n if they were determined by the tarowing of dice ? Why • The report of the 'limes is much more meagre and leas intelligible than that of tha Chronicle: and at the close of it the Times' reporter complains that he could not distinctly hear what pasbed between the Judge and the Counsel. write commentaries on our criminal law, and note the cases decided in our courts, if the sentence in one case is not to be looked to in another? If A commit murder, and is exe cured, may not the public assume that if B commit murder, I, e al.o execu;el? Lew is the sci-nee of awle,_ ! i el . It a se; tense of a particular kind has been pro. (Jounced for a particular offence, we do not see why it should not be expected that, on a commi,sion of the same offence, the same punishment should follow. We do not know what his Lordship means by a kind of foot rule, except that he thinks judges should have no rule whatever to govern there. Sir Samuel Romilly mentioned a curious instance of the disposition of English judges to act capri ciously. In a csse of horse stealing, the principal was tried before Lord Loughborough, and sentenced to six months' imprisonment. An accessory, who had kept out of the way, on learning this result surrenA!ered, and was tried by Mr. Justice Butler, and he was sentenced to be hanged. It was quite clear that these two judges had very different rules to measure by. We are far from contend ing that Lord Chief Justice Denman should be implicitly bound to tread in the footsteps of Mr. Justice Erskine, though, if the latter judge merit all the culogiums be stowed on him by Lord Denman, we do no see why the latter should be so eager to anticipate the possibility of dif fering from the former." Trite is the truism that the wisest are liable to occa sional error, and if Lord Denman had frankly avowed that he had been inconsiderate in permitting of a pri vate arrangement in the case of Lord Waldegrave, it would have derogated nothing from his reputation as a Judge ; but we sec him now drawn by the foolish defence of an error into the denial of the first principle of justice. If Lord Denman had confessed a lapse in the incautious sanction of a compromise in a case not allowing it, we should hate 11,1 d no fear of his repeating the error ; but when the Chief Justice treats with supreme contempt the idea of objecting to the grossest inequality in punishments for the same offences, tl,e public m:iy become reasonably alarmed for the adminis tration of justice. The Chief Justice, in ridiculing the application of the foot rule of one kind, implies a preference for the foot rule of ancther sort—the foot rule which, in Se!.. den's illustration, is the law of equity—varying as much as the size of the Judges' feet. Lord Denman is very lofty in his contempt for news paper strictures, which he assures the Lords he would not have condescended to notice if some great authority in the other House had not repeated the same argu ments. Who the great authority is no one can tell ; we know as little of him as Lord Denman knex of Lord Waldegrave's offence, and we are almost disposed to think that he is conjured up as a legal fiction for the ac Manz notice of the newspaper censures ; but certain it is that, notwithstanding Lord Denman's high and mighty contempt for the opinions of the press, the at ' tempt to answer them was the laboured object of his speech from beginning to end. Expressions of scorn are level to all capacities but the high, and arc the ready weapons of all causes but the strong. It is easy for Lord Den man to speak contemptuously of the press, it is easy for him to profess a superiority to its cen sures ; but he confesses most unequivocally, in ac tion, the power which he affects to despise when he, the Chief Justice, appears dragged to the bar of public opinion by it to account for his conduct. _ . Lord Denman is vehemently indignant at, the suspi cion that he can Lave had regard to persons in any judi cial suggestions. We believe him incapable of allowing himself to be biassed, consciously, by class sympa thies ; but we also believe the class sympathies (and especially in the case of those newly risen to aristocra tic class) to be of wondrous subtlety, and that many and good men are influenced by them unconsciously. Cer tain we are that, if instead of the Queen against the Earl of Waldegrare, the prosecution had been one of the Queen against Snooks, the Chief Justice would not have thought of a private arrangement. The aspect of the Waldegrave affair was, it is to be remembered, strongly corroborated by the beha viour of Lord Denman on Lord Cardigan's trial. It was felt that both Noblemen were under great obligations to the Chief Justice, and the counsel for one of them, Sir F. Pollock, avowed in Court how much his client was indebted to his Judge ; as for the other, Lord Cardigan, it is reported that he te,tified his sense of the extraordinary kindness shown him by leaving his car-3. at Lord Denman's door, and it is also said the Chief Justice was not greatly pleased with the mark of acknowledgment. EXECUTION OF MATTHEW FOWLES. STAFFORD, APRIL 3.—The unhappy man, Matthew Fowies, who was capitally convicted on the 17th of March, before Mr. Justice Coleridge, for the horrid murder of Martha Keeling, at Newcastle-under-L3me, was executed this morning, precisely at five minutes past eight o'clock, en the drop erected in front of our county gaol. The culprit persisted in denying his guilt to the last moment prior to thu fatal bolt being withdrawn. Ever since his condemnation Fowles has remained in a sullen state of mind. To every exhortation to repen tance and confession he has invariably replied he had ao confession to make, and never heard of the crime until he had been apprehended. Every attention has throughout been paid him by the chaplain, the Rev. R. Buckeridge, and the governor of the gaol, 'l'. Bratton, Esq. Several applications have been made by the prisoner's attorney for a respite, but Lord Normanby saw no grounds whatever for conceding the request. As early as three o'clock this morning, the usual pre parations for the erection of the drop took place. We learn that during the night the prisoner slept soundly, and partook of a hearty breakfast at five o'clock, and afterwards appeared to be fervently engaged in prayer. Shortly after seven o'clock the wretched culprit was conducted to the chapel, preceded by the Governor and the Reverend Chaplain. He entered the chapel with an unfaltering step, and after casting a glance around, he took his place at the communion-table. Immediately on kneeling down, he appeared to be engaged in silent devotion. Before the Rev. R. Buckeridge entered upon the service of the Communion, ho so lemnly charged the prisoner in the following terms :—" I charge you, as in the presence of Almighty God, in whose presence you will shortly appear, did you, or did you not, participate in the murder of that woman ?" The prisoner, in a firm but low tone of voice, replied," No, sir." On repeating the question in a I form of words to prevent any evasion, he inhesitatingly replied, " I never knew a word at all about it until I was taken into custody." The service then proceeded in the most affecting manner, the Rev. Chaplain being greatly moved as he went through the solemn ordi naece. hen the Chaplain arrived at the exhortation of the Saviour, " Come unto me all ye that travail ei.d are heavy laden, and I will give you rest," the unfor tunate man appeared to pay particular attention to the words. The worthy Governor assisted the culprit to find the several parts of the service, and appeared much affected. Throughout the administration of the Holy Sacrament, Fowles's firmness appeared never to leave him for a single moment, and he retired from the chapel to the condemned cell without betraying the slightest emotion of fear, preserving, however, the same decorum which he had maintained during the impressive service. On entering his cell he presented to the Governor a little book, entitled " The Sinner's Friend," with a re quest that he would give it to a fellow prisoner, whom he named. The Governor then, in the most solemn manner, besought him to tell the whole truth before he left the world, and not to die with a life in his mouth. Foe les again declared that he knew nothing about the murder, and that he had told the truth as far as he knew. About eight o'clock the executioner entered the cell, and proceeded to pinion the unhappy man. Whilst he was performing this office it was most surprising to witness the unshaken demeanour of the prisoner. The Governor said, " Fowles, I hope you are not going to leave the world with a lie in your mouth ?" He re " No, sir." The Governor added, " You know that your punishment will be more than tenfold in the next world if you do." The prisoner replied, " Yes, sir, l am aware of it. " He then requested that his coat and bat might be given to Ellis, one of the boat men, who was reprieved only a few hours before the time fixed for his execution last year, and who still remains in the county prison. The Under Sheriff, R. W. Hand, Esq., having, aside to the Governor, made the usual demand for th• body of the culprit, he was delivered up into the hands of the executioner. The Chaplain immediately commenced reading the burial service, and with the Governor and Under Sheriff, preceded the prisoner to the drop, the prisoner walking, unsupported, with a firm step. He ascended the scaffold likewise without assistance, and took his station under the fatal beam. After the rope had been placed round his neck, the Governor asked him h c or la ld pla li i k n e , h to , say one word ; and turning to for the last time whether he had any further corn munication to make? H e replied,the i he e ev said, " It's hard to die an innocent man for this thing." The Rev. Chaplain then added, " You still assert your In a innocence ?" To which he replied, "Yes, sir.' . - a few seconds the bolt was drawn, and the unhappy man was launched into eternity. His death was almost in stantancous. The spectators began immediately to disperse. We undt,rstand that a fellow was detected by one of the Stafford police picking a person's pocket in the crowd. THE WEATHER. ROYAL GALLERY OF SCIENCE, ADELAIDE- STREET. Now APRIL 3. Barometer 29 72 In. Thermometer Highest 55 Lowest Wind W. by N.—Freezing Point 32 Deg. CASE OF MR. APLEOD.--The official news from the United States, brought by the Britannia, was to this effect, that the Government of the United States would positively interfere to stop the trial at the proper stage, and that it entertained the most friendly disposition towards England. we presume, therefore, that all ap prehension as to the conclusion of that much talked-ot, aud, we hope, overrated affair , must no w ent i re l y cease. MORN ING EDITION EXECU ISTER. (From the Shrewsbury Chronicle.) During the is hole of Frid ty Mister continued at tentive to his religious duties, and was riot left by the Citasdain till tsii at night. Shortly afterwertis he wen! to sleep, but the short snatches he obtained were not refreshing, and were at very distant intervals. This morning, at six o'clock, the Chaplain was again at his bedside, and found him firm and composed and still affirming his entire innocence. He received the sacrament with much composure and appearance of resignation. At ten the Rev. James Colley entered the prison, to assist the Chaplain in his melancholy duties. By this time crowds of persons from Birmingham and the Col lieries in the neighbourhood of' Ludlow and Wellington, were assembled in front of the prison. The gallows, which on the previous night had been erected, all ex cept the cross-beam from which the rope is hung, was now completely finished, all lingering hopes of reprieve being lost when the morning mail brought no letter either to the Sheriff or Governor of the prison. At eleven o'clock the Under-Sheriff came to the prison, and about that time the prisoner was brought from the condemned cell to have his arms pinioned. 'When he entered the chaplain's room, he was received by the Rev. J. Richards, the Rev. B. Maddy, and the chaplain, and he immediately betook himself to prayer. At a quarter to twelve the Under. Sheriff went to the door of the room, and demanded the body of Josiah Mister, for execution. On the door being opened, the prisoner was discovered seated, with a handker chief in his hand, with which he was wiping from his face the large drops of sweat that were bursting from 'every pore. His appearance was deplorable, his mental sufferings and terror appearing most severe ; and the paleness of his visage, gastliness, and wasted appear ance, showed these sufferings to have continued from the period of his condemnation. Tne executioner immediately entered, and tied the prisoner's arms. The rope was then fixed round his neck, and the cap placed on his head. He appeared fully aware of the nature of these dread preparations, and his lips continued muttering in prayer. The Chaplain then put on his robes. and the prison bell began to toll. The prisoner was then placed be tween two turnkeys who supported him ; and the dis mal procession from the prison to the gallows was formed. On entering the door of the front lodge, he ex claimed, " If any of the Jury are here who condemned me, I fret ly forg:ve them." He then went onwards to the small room under the scaffold, and the last prayers were offered up. Two minutes had scarcely elapsed, before he appeared on the drop, and was assisted by two turnkeys to take his place under the gallows. The executioner fixed the rope to the beam, the prisoner meanwhile shaking hands with the turnkeys, and exclaiming " God bless you for the assistance you have given me, and then faintly ut tered 1 AM INNOCENT," and scarcely had the words escaped, ere the bolt was withdrawn, and after two minutes' violent struggling, he died. After hanging an hour, the body was taken down ; and after an examination by medical gentlemen, it seas placed in a good elm coffin, with a plate bearing the in scription :—" JOSIAH MISTER, aged 25, 1841." The following letter was written by the prisoner, last night, in the condemned cell, and contains the only explanation he has ever offered, with reference to the charge for which he has forfeited his life : Salop County Gaol, April 2, 1841. " Reader,—Although this frail body, in a very few hours, will tall a sacrifice to persecution, yet this paper will bear testimony of my innocence, although in the eye of the public I am guilty ; but those thoughts do not make me guilty ; for I now state, in the presence of an Almighty God, that I am not guilty ; and his all-seeing eye cannot be deceived. It is God alone that knows I am innocent, and shall suffer for the crime of another. But, thanks to his holy name, he has not left it in man's power to destroy the never-dying soul. I wish, and it is my last request, that publicity should be given to this, my only declaration, as it may likely meet the et3e of the guilty individual. Let me ask those persons that were connected with the guilty design, if' their consciences do not tell them that they have taken away the life of an innocent man ? I ask again, can that person rest upon his (or her) bed, that put the blood on No. 20 bed-curtains, and likewise prepared those stockings for the treacherous design ? I wish all of you that have had any participation in getting me convicted, to know, that I have sincerely forgiven you each, and my prayer to Almighty God is, that he will also forgive you. lam very shortly about to be launched into eternity, where I hope to meet my Maker and my dear friends—for even now I can address you by no other name. May you each die as happy as the culprit Josiah Mister, and feel as satisfied in your mind of happiness i❑ the next world as I do, who is thus addressing you each. It is a duty I owe to society to state, that I ern an innocent man. lam actuated by a most pure conscience to state it. lam parti ticularly grateful to all those individuals who have tried to obtain a commutation of the sentence ; and I fully forgive both Judge and Jury. I hope they will consider that this epistle is a sufficient document of forgiveness. I cannot lay any charge on any one—the Judge and Jury were justified in returning such a verdict, as the evi dence was of such a formidable character that they could not come to another decision. I had no stock ings when I went to the Angel, and I did not intend to pay my bill at that time, as I was going to visit Leominster and Birmingham. I had almost forgot to state that I never saw the boy who said I had a lucifor match in my possession. I never was at Cooke's farm ; the first time I was in the neighbourhood of Ludlow was Wednesday afternoon, and saw Hughes and Bos worth fishing. 1 never had any intention of robbing Mr. Ludlow, and I never saw Mr. Mackreth in my life before I went to the Angel Inn. I again thank Mr. Mackreth, Mr. Ludlow, and all who have tried to get a commutation ; and sincerely do I forgive all per sons who have injured me. I desired this letter to be kept and not opened till I was no more. I have been kindly treated in the prison by the Governor and at tendants, and feel thankful for the visits of clergymen who have attended to direct me to the way of everlast ing life. My last desire and prayer is that God will reward them for the services they have rendered me ; and I am, my readers, an innocent man. " JOSIAH MISTER." Thus, with a lie in his mouth, has perished in his youth, the perpetrator of a coolly conceived and deli berately pursued attempt at murder, not exceeded in atro city by any case of modern crime. The collected and de. terrnined character of Mister, led none who conversed witu him to the remotest hope he would confess his gunt ; but no one believed he would drink tne blessed cup of his Saviour's blood, on which he said he relied to be rescued from his sins, without hinting that the crime for which he was then to die, was a grievous one, and that those who had convicted him were not in error. He perished as he had lived ; forgiving the jury with his lips, but in the sullen hope that such forgiveness would be received as the last legacy of a murderer, to annoy the minds of those who had found him guilty. It is already known that Mehemet Ali pro t,sted against those parts of the firman from the Sultan a hick declared that tho Porte should hhve the selection of his successors (from his family) to the Government of Egypt. There was also an objection raised to the right which the Porte reserved to itself of appointing all the Egyptian military officers above a certain rank. The Four Great Powers have already expresied their desire that the Porte should not insist upon those parts of the firman which were inconsistent with their previous advice to the Sultan. But we understand that Mehemet Ali has since gone further, and that he has addressed a letter to the Vizier, protesting against some arrangements which had obtained the deliberate sanction of the Four Great PowerF. Of course no man of common sense can suppose that any lasting or serious difficulty can result from this prociieding, but, doubtless, some of our sagacious Contemporaries would have forged a grave article on the subject, if we had not thus told that all their conjectures would go for nought. —Observer. • CONIMISSION OF L UNACY .—O n F rt d ay morn ' ing, at twolse o'clock, a commission of lunacy was opened before Commissioners Blount, Murray, and West, and a special jury of freeholders, at the Gray's Inn Coffeehouse, Holborn, to inquire into the state of mind of William Cowley Clark, Esq., the son of a clergyman recently de ceased, who was about 36 years of age, and se a i placed in th e Royal Navy by his father about eighteen years since. In a short time he became so imbecile as to be wholly in capable of performing the required duties, and conse quently compelled to quit the service. In July, 1836, his father had deemed it necessary to place him under the care_ of Dr. Oxley, who kept an establishment for lunatics. From the evidence of Dr. Oxley and his servant, who had aatntdensdpedurgoinn, t i h t e wa l s ur , r .v a i t d ic (. , nt an t r i l la f t rcr ir th c a i t ir o k f I D ab rs o . ure M d u u r, n ro der delusions, and will drink ink, or . any liquid he can proeur , ',*for the purpose, as he alleges, of expelling spirits. The Chief Commissioner, at the . conclusion of etch wit ness 's statement, asked the lunatic if he would ask any questions, but, though with great o hesitation, he invariably trheepirioedomin, htehewnaesgat questionedye . hise LY ' but from his answers the state of 0 retired m m .li si . n f from usdtle,:snp,,tp,uenaddn the ei 1 5 ed l x r ;aamn C di n i ha a t r ai k do ob i , : a ea v tni i d t s r g o foleftu since nd roomt June, theeg u i w : quite Jury stopped SOUTH-EASTERN RAILWAY The os of this Railway are proccedoinitewnic%aecitiitiveofprNoigre.,sion. It is expected that by the e May the i works belongFg to the Shakspeare Tunnel farthestL therom the sea will be finis led ; after which it i 3 exi,eetdworks at Abbot's Cliff Tunnel will be pursued ' With a The Sea-wall between the two tunnels is a splendid piece Some fresh work (including' a tunnel of work, and does infinite credit to Mr. Balcomb, who, un der the contractor, Mr. Lambert, cf Brighton' superin tendsreason to believe that every in -as been set out at , length) I, Nw ee wbi believe, i a e sG, e w r, c o e r h k na s i;f . e ne rgy consistent with the interests of the shareholders will be in operation, under the direction of the Board of Directors, and its talented and gentlemanly engineer at a a nd m w ile e have this port, John Wright, Esq. Some hundreds of m en are employed between Dover and Folkestone on the works who, together with brickmakers and others, must be thei; means of supplying the necessities of very many families, as well as of giving an impetus to trade in this dittric;.— Dover Cisronicle. THE SUN, LONDON, MONDAY‘ APRIL 5, 1841. LAW INTELLIGENCE. COURT OF BANKRUPTCY, APRIL 2. (Before Mr. Commissioner FONBLANQUE.) IN THE MATTER OF YOUNG. The bankrupt was a hanker in Smithfield, and amorgst the assets realised by Mr. Abbott, the official assignee to the estate, was a sum of 1,000/., which was not divided. Tbis thy Mr. Wilkinson, as solicitor far several credi. tors, applied to his Honour to know what was to be done in consequence of the " absence" of the said official as signee. The creditors under the bankrupt's estate had already suffered severely, and it was too bad that they should not have received such a divigend as the sum of 1,0001. would, if properly administered, have afforded to them. The Learned COMMISSIONER thought that the appoint ment of trade assignees was intended to look after the proper division of the bankrupt's particular effects, and if they failed in the necessary vigilai.ce which they should have exercised, no blame could attach to the Court. Mr. Wilkinson—That, your Honour, might be so ; but, in this case, when a search was made at the office of the Accountaw-gencral, in consequence of the neAsp,per reports, referring to the "retirement," or rather the " abscondment " of Mr. Abbott, nut even the mention of the bankrupt's name was to be found in the books of this (the bankrupt's) establishment. The Learned Commissioner—The court is conapara• tively powerless in this respect. The Commissioners do all they can in the furtherance of benefit to creditors, through the appointment 4.1 "trade assignees." and it they will not do their duty, the fault is with the creditors oho select them. )dr. Wilkins - I:in.—ln other courts the Learned Com missioners call for the banker's bi,oks of the official assig nees ; and whtre they find that they have ca.,h in hand of the bankrupt's estates, of whic, they are supposed to be the protectors as well as the adminiitrators, to a lager amount than 1001., they immedimtely oireet the surplus to be paid in to the Bank of England, to the acclur,t of the Accountant-General, and thereby sucure so much fur the creditors. Ti:e Learned COMMISSIONER.--I arn always most an xious tor the protecton of creditors. It was the great object of the establishment of this Court, but we can only exercise the power given us by the Act of Parliament. Mr. Wiikinson.—Then I would submit to your Honour that an alteration, and a speedy alt: ration toe, should take place in the law ; it is hard enough that creditors (as in this case) who might have receke fi ve s hilli ngs i„ t h e pounds upon their respective debts should n 0 , ,, be left with out a single farthing, although the audit was declared for September last. The conversation then dropped. ASSIZE INTELI_ IGEN CE. 110 ME CIRCUIT—KING3T49N, APRIL 3. (Before Lord DENMAN and a Speche Jury.) DOWNE, CLERK, V. CRAIG, CLERK. This was an action by the plaintiff to recover from the defendant the sum of 99/. 10s. Gd. for dilapidations. Mr. Thesiger and another gentleman appeared h r the pLintaff, and Mr. Sergeant Channel! and a gentle man, whose name we did not know, conducted the case for the defendant. It appeared that the two parties in this case agreed to exchange livings, the plaintiff transferring to the de fendant his vicarage at Leamington Priors, in War wickshire, for the rectory, then held by the latter, of Patchett), in the county of Surrey ; the mutual trans. fer, of course, being made with the consent of the re spective patrons, as well as with that of the bishops of the two dioceses. Sonie time alter the plaintiff had taken possession of the rectory he discovered that vari• ous dilapidations had accrued, whereupon he communi cated the fact to the defendant, who in reply stated that he did not consider himself liable for any repairs. A lengthened correspondence subsequently took place, in the course of which it appeared that th e d e f en d ant gave a partial, even if not an entire consent to meet the demand, adding, however, that he declined to be bound by the estimate made by the plaintiff' s surveyor. That party, nevertheless ,made an estimate by which it seemed that the repairs necessary to put the rectory into a te nantable condition would cost 99/. 10:3. Gd. ; but that if the repairs were to he such as would come within the description of substantial repairs the outlay would be 141/. The plaintiff, however, only required the te nantable repairs, and therefore demanded the smaller amount ; and the defendant persisting in his refusal to comply with the application of the plaintiff on the subject, the latter had felt himself compelled to resort to the present proceedings. It further appeared that the defendant had since brought an action against the plaintiff to recover the amount of dilapidations alleged to have arisen at the vicarage at Leamington Priors. In the course of the evidence it was proved that a de duction of 71. 9s. Gd. must necessarily be made, tla.it amount of the dilapidations not being "rectorial." Oa the part of the defence it was contended that the parties had made the exchange, each to be subject to all the advantages and disadvantages of the respec tive incumbencies, or in other words, that each was to t ike the livings just as they were, without, leaving any demand to be made from either. It WhS at the same time admitted that there had not been any agreement entered into on the subject. It was urged, too, that the plaintiff had come into the rectory in the character of a tenant for life, and by purchase and contract with the consent of several patrons and bishops. The Learned Counsel for the defen(lant regretted that this matter had been brought in a public court. Mr. THESIGER here interrupting, said it there wa' any question of law the opinion of the full Court should be taken upon it. Mr. Sergeant CHANNELL had no objection; . and then that the opini on o f th e C ourt on the point of law should decide the question in that respect as to the Iwo actions—the present ac ti on an d cross action instituted by the defendant. Lord DENMAN considered the proposition as fair and reasonable. The case, however, must set forth the whole of the correspondence then as to the facts. Mr. THESIGER said the verdict could be taken in the present action, subject to the question of law to be ar gued before the full Court on a special case, the facts a t o be c tion ascertained would b also thereby y a gen gentlema n ry e , ) ,3 :n tti a c t , t , he bar. with th th e The eexception p other tion of the amount of damages, which likewise were to be as certained. The Jury, under the direction of his Lordship, accord ingly returned a verdict for the plaintiff, damages 92/., subject to a special case. MASON V. KING. In this case the action was brought against the Hon. L. King, th e l a t e Hi g h-Sh er iff f or t h e County of Surrey. Mr. Ser geant Ch anne ll appeare d f o r the plaintiff, and Mr. Th es i ger an d M r. Pl att for t h e d e f en dant. The fact s o f t h e case were somew h a t. numerous, but, as actually a ff ecte d t h e present act i on , it would appear that th e d efendant had made an overcharge , amount i nz to 51. 18s., in a bill of co s t s f o r the execution of a levy on th e gands and chattels of a person o f the ?time of , Newland, th en occupy i ng the C r i c k eters ' public hou se at Mitcham the sum arising from the levy, at the same time not being sufficient to cover the original debt. ROLLS COURT.—APRIL 1. PALETTE V. LONDON DOCK COMPANY. Z11 ,, t1(1C., whieb Was f oe th e dis se l e ti oe o f ea In -eetion, oceopied the Court tiie whole of Fs;day and Saturday. At the conclusion of the argument, the Master of the Rolls delivered judgment, from which the facts of the case may be gathered. His LoRDsHIP observed that some time before the month of September last, a person of the naive of Pujardos Mayans, carried on a business which he called " a General Spanish Agency," at Paris. He alleged that he carried on business by commission, between various countries of Europe, to a very lsrge event. He became acquainted with a Colonel Valdes, and be sides the various transactions which be carried on as an agent for the transmission and exchange of goods be tween persons residing in different countries, he was also engaged in some political transaction. That political tran saction connected him with Col.Valdes, and they went to Bourdraux together. With regard to that matter at Bordeaux, the present plaintiff, Leonard Veletts • and Francois Janot Drechon, carried on busicess as brandy merchants, and a M. Estiave, as a wine mer chant. Those gent!emen were ecquaintances or friends of Col. Valdes, who introduced Pujardos Mayans to them, and the introduction ended in a contract be tween the parties. Messrs. Velette and Drechon, on their part, supposed they were entering into a valid agreement for the sale of seventy-five casks of brandy, for the sum of 25,000 francs, of which between 9,000 and 10,000 were to be paid in hills, and the remainder was to be paid by drafts of the jil•tiet ffs upon Pujar dos Mayans. The contract havin g been signed, Va lette and Drechon proceeded, , on the;ri pert, to carry it carry it into execution. file brandies were to be sent to England, the bills of lading were made out to " Bearer," but the consignment. was made to Mr. Gold ney, a lace dealer in Cheapslde. The brandies arrived on the 3d df December, on the 4th t h ey were entere d in the L on d on D oc k s in the name of Mr. Goldnity. The warrants were made out and delivered to Goldney or his agents on the 28th. &Yore that time there had been some dealings on the part of Pujardos Mayans and his agents with respect to the brandies, which in duced a French gentleman to make communications to the plaintiffs. In consequence of these communications the plaintiff Drechon came to England on the 26th of December, two days before the warrants were delit ered out to Goldney. He supposed that a fraud had been committed on his house, and having endeavoured to adopt some means to prevent that fraud taking effect, on the 6th of January he filed the present bill for relief, and on the 7th of January obtained an exparte injunc tion to restrain Goldney from parting with the warrants, and to restrain the Dock Company from parting with the brandies. The present application was to dismiss that injunction. The ques tion as to what ought now to be done, was of the utmost importance. If the brandies were now the property of the plaintiffs, and should be delivered to Pujardos Mayans, the injury done to the plaintiffs might be per fectly remediiess. His Lordship observed that the transaction in every part of it was subject to so much doubt, and there were such strong reasons for thinking that if he allowed the goods to get into the hands of Pujardos Mayans, he might allow them to get into the hands of some person who was not entitled to tl,em, that his opinion was, the injunction ought to be con tinned. THE ARMY. uctions, three times the' amount of the over. charge. The Court then adjourned until ten o'clock on Mon. day morning. reign service, received the route on the 24th instant. and marched for Limerick on the 26th instant, and have been relieved at Athlone by the reserve companies of the 85th Fusilier Regiment and 52d Light Infa .try. —Dublin Paper. POLICE INTELLIGENCE. MANSION.ROUSE. Henry Dean, a member of the Shoemakers' Union, was brought up, charged with attempting to prevent William Pearce, a workman in the employ of Mr. Julius Reinhold, of Hertford -street West, from point to his employm e nt. It ap peared th at th e pr i soner stopped complainant, and seized him by the collar of his coat, saying, he ought to be horse whipped for getting work at an under rate ; but that it would soon be put a stop to, as there was about to be a general strike amongst the workmen of the metropolis, and that a pair of shoes would not be made unless the full price demanded by the Union were given. Another workman in the employ of Mr. Reinhold, who wit nessed the transaction, corroborated this evidence. The prisoner denied the charge, ,and requested to be re manded, and he would produce evidence to prove what he said. He was admitted to bail till Wednesday next. GUILDHALL. Mr. Manton, an extensive warehouseman in Cheapside, ap peared before Mr. Alderman FAILEBROTHER, on a summons granted at the instanee of Thomas Chub, a clerk in the em ployment of the London Parcels Delivery Company, to show cause why ho refused to pay the sum of 2s. ad., the amcunt of porterage and incidental expenses on a parcel directed to him. The complainant stated that the clerk to the Margate Diamond Steam Packet Company delivered the parcel to one of the Delivery Company's servants, at the same time de manding Is. Bd. for freight, and 6d. for wharfage and ware housing. This was paid, and the parcel forwarded to Mr. Manton, who refused either to take it or pay the demand. The defendant said he considered that first the agents of the Parcel Delivery Company had no right to pay money on his account without his authority He knew the reason why the parcel was forwarded in this way instead of by one of the Steam Company's own porters ; it was a return parcel, and doubting whether it would be received, they used the present mode of transit. He considered it to be a collusion between the two companies, and he would en deavour by every means in his power to resist it. The charge for porterage he also considered to be exorbitant, as the dis tance from the Diamond Steam Packet Company's Wharf to his warehouse did not exceed half a mile ; and he believed the allowed charges of the Company were, for any distance under half a mile. 3d., and no more than 10d. for two miles, on par cels less than 501bs. The Clerk of the Steam-packet Company said they some times sent out parcels, and at others gave them to the Parcels Delivery Company for transmission. Mr. Alderman FAtRBROTHER said he thought that Court could not interfere ; it was a case for the Court of Requests. However (as we understood the worthy Alderman, much noise and confusion being at the lower end of the Court, and his remarks being expressed more in a conversational tone,) he thought Mr. Manton ought to pay the costs. Mr. Manton then laid down the money, and said he would rather give a sovereign to any charity than pay even the pal try amount of the present demand, which he considered to be in the slightest degree against his own conviction. COUNTRY CORN MARKETS. I Wheat. Barley. Oats. 1 Beans. Per Quaff ter.' s. to s. s. t o s. a. to a. s. 4° bingiion 156 (16 i:£3 33 22 28 3g 42 ' Andover 56 60 fAI 32 13 26 Banbury 56 61. 27 31 23 28 Basi gstoke t.O 72 26 35 22 40 1 ' 4/ Circnc , ster 5l 62 2 1 33 25 31 Si 44 Coventry - 6 5 23 30 40 49 vaventry Derby 51 Flmyden.— -- 72 -- .24 -- 40 42 39' Hungerford 50 70 32 37 25 33 40 1° Malton Mai.en head 52 74 32 38 25 34 40 ~`; otti ;ham 62 70 26 35 27 47 5 , „v Wantage 63 80 34 40 26 82 36 Warwick 31 40 29 38 Winchester 70 36 29 — 43 York — 65 31 23 i .d. Per Bushel s.d. s.d . s. d . s. d . s.d. s. (1. sd. 2 -` A "1 - 6 6 Birmingham 70 861 3 9 49 36 4 0 5 0 68 1 EDINBURGH CORN MARKET. , iti SPORTING INTELLIGENCE. CROXTETH PARK R ES.—(CoxcLuDED.) FRIDAY. The Farmers' Handicap Plate of 501., and 5 to the second. Heats, once round. Clark's bm by Confederate, 9st 121 b Foster's bin Jane Ray, lOst 91b ...... 2 1 2 Pilgrim's br g, by Negotiator, llst 31b Wright's br gby Hazard, 12st 21b -.Lree others started. 6to 4, and after the second heat, 3tol on the Confederate mare, who won in a canter. The second heat was won cleverly. The Gold Cup, added to a Handicap of 20 sovs. each, 10 ft, and 5 only if declared, for al horses but two yrs old. Nearly two miles. (14 subs, 2of whom declared. ) Lord Chesterfield's Molineux, 4 yrs, 10st 61b (Mr. Whit e ) 1 Mr. H. Di xon ' s S p l en di d (h b) aged, lOst slb Lord Egli n t on ' s B e ll ona, 6 yrs, 10st 101 b Sir. Wilder's Tormentor (h b) 6 yrs, lOst 21b 4 Mr. Sadler's Specimen, 5 yrs, lOst 51b 6 to 4 agst islolineux, 3 to 1 agst Tormentor, 4to 1 agst Bellona, and Bto I agst Specimen. Won easy by two lengths. Mr. A. Smith's Plate of 1001., added to a Handicap Sweep.. stakes of 15 sovs. each, 10 ft, and 5 only if declared. About Two Miles and a quarter. Sir. J. Day's Tamburini, 5 yrs, list 6lb ..... (Capt. Pettat) 1 Duke of Richmond's The Currier, 5 yrs, list 81b 2 Mr. Osbaldeston's The Mountain Sylph, 4 yrs, lOst 61b Mr. Seobell's Cracksman, 5 yrs, lOst I llb Mr. B. Kent's Mustard, 5 yrs, lOst 71b ..... Count Bathyany's Matadore, aged I Ist 41,i 6 Lord Eglinton's The Potentate, aged I2st 71b Mr. Jackson's Wings, 5 yrs, lOst 81b Won easy. The Gold Cup, added to a Handicap of 20 sovs. each, 10ft., and 5 only if declared. Nearly two miles. (14 subs. ) Lord Chesterfield's Molineux, 4 yrs, lOst 61b (Sir. White) 1 Mr. H. Dixon's Splendid, aged, lOst 51b 2 Lord Eglinton's Bellona, 6yi s, list 10lb Mr. J. Wilder's Tormenter, 6 yrs, lOst 21b Mr. Sadler's Specimen, 5 yrs, lOstslb Won by two lengths. The Melton Plate of 50 sovs.—Only two horses being weighed for this race it became void, and the 50 sovs. were added to a free Handicap of 10 soya. each.----Once round. (5 Subs.) Sir. Knox's George, list 31b (Sir. P. Williams) I Lord Eglinton's Bellona. list 31b ......... 2 Mr. Kent's Mustard, lOst 131 b Mr. Scobell's Cracksman, list 11b 4 Count Bathyany's Matadore, list Won by three parts of a length, after race between first and second. MATCH.—Twenty-five sovs. each, Lord Chesterfield's Isaac of York, (Mr. White) beat Sir. Noel's Lady Ann. MONMOUTH STEEPLE-CHASE —THURSDAY. Sweepstakes of 5 goys. each, with 30 added, 12st each. Three Miles and a Quarter. Mr. Goodwin's Lottery (Mr. Powell) 1 Mr. Griffiths's Bleach, 12st slb Mr. Williams's Charley, 12st dis. Charles the Twelfth came in first, but having lost 2lbs of I,is weight, the race was given as above. TLe Monmouthshire Hunt Stakes of 2 Sovs. each, and 20 added, were won by Mr. Reynard's b g Tipthorp (owner), beating three others by five lengths. BED Mr. Mr. Mr. Mr. . -FORD STEEPLE CHASES..--SItiDAY. The Oakley Hunt Stakes of 10 Sovs. each, with 80 added, .3st each, were won by Mr. Phillipson's ch g George Beers ,late Forester), Mr. Jones, beating Mr. Higgin's Bletsoe, and two others. The Open Stakes of 5 Sovs. each, with 20 added, 12st each, were won by Mr. J. Whitworth's Cornet (Mr. G. Higgins), beating Mr. Dyson's Pretty Jane, and two others. SAND HUTTON, TUESDAY.—The Sweepstakes were won by Mr. Jordison's Creeping Jane, beating two others. THIRSK, THI/RSDAY.—A Sweepstakes was won by Mr. Prince's Atalanta (Mr. Dawson), beating four others, after a good race. COURSING. CALEDONIAN MEETING (CONCLUDED), MARC?! 26.—The Caledonian Purse was won by 111 r. Wilson's Beau, beating Lord Douglas's Barefoot; and the Eaglesham Stakes were divided by Mr. W. Ramsay's Raleigh and Air. Wauehope's Wings. HUNTING APPOINTMENTS. Northumberland and North Durham hounds, Monday, at Ball's Hill; Wednesday, at Detcham Wood; Friday, at Chat ton ; Saturday, at Heathpool—half-past ten. Mr. Candler's hounds, Tuesday, at Radford Gate; Thurs day, at Shrawley Wood; Saturday, at Martley—a quarter to eleven. '1 he Albrighton Hunt, Tuesday, at Kington past ten. Mr. Giles's hounds, Wednesday, at Highnam ; Saturday, at Astwood. Mr. Farquharson's hounds, Monday, at North Perrot. Pytchley hounds, Monday, at Foxhall; Wednesday, at i:ramp ton Wood ; Friday, at Pipwell Wood—a quarter to eleven. Mr. Helder's hounds, Wednesday, at Cubington Gate— half-past ten. Craven Hounds, Monday, at Coombe Wood ; Wednesday, at Aldbourne Chase; Saturday, at Cake Wood—half-past ten. Devon and Somerset Stag-hounds, Wednesday, at Heasley Mill. __ East Kent hounds, Monday at Breech D owns ; Wednesday, at Waltham-stre e t ; Friday, at Tyier Hill—half -past ten. Essex Union hounds, Wednesday, at Runsell Green ; Satur. day, at Hadleigh Gate—half-past ten. Tickham hounds, Monday, at Boughton Hill; Thursday, at Harelip—half -past ben. Essex and Suffolk hounds, Tuesday, at Ardleigh Crown ; Saturday, at Tattingstone White Horse —half -pa st t, n. Her Majesty's stag hounds, Monday. at Beaconsfield ; Wed nesday, at Salt Hill ; Saturday, at Brick Bridge—eleven. N — Mr. Bradley's stag hounds Tuesday, at D unchurch ; Satur- I, at Kitt s , Hardwick—half-past eleven. Sir C. Constable's stag-hounds, Wednesday, at West New ton. Oakley hounds, Tuesday, at Dingle Corner ; Thursday, at Steppingley Cross-roads ; Saturday, at Cowper's Oak, Yardley Chase --quarter to eleven. Heythrop hounds, Friday, at Ranger's Lodge. Sir John Cope's hounds, Tuesday, at J\ o Man's Land ; Thursday, at West Green ; Saturday, at Finchinhampstead Ridge—half past ten. Mr. Tudway's hounds, Tuesday, at Gear-hill ; Thursday, at Rodney St-ke Wood; Saturday, at Leighton Gate. Duke of 13,!aufo, es Hounds, Tuesday, at 'I iltup's Inn. Hambledon Hounds, Wednesday, at liatscr-bil ; Thurs day, at Botiey Gate; Saturday, at Ramsdown Bottom—half past ten. Duke of Grafton's hounds, Wednesday, at Stoke Plain ; Saturday, at Stowe Nine Churches —halt-past ten. Earl Fitzwilliam's hounds, Thursday, at Fineshade-hall— at ten. Sir R. Sutton's hounds, Tuesday, at Green Man ; Wednes day, at Limwood Church ; Thursday, at Langworth-bridge ; Saturday, at Scopwick—eleven. LATEST BETTING AT ISIANCHESTER.—FRIDAY. CHESTER Cur. -10 to 1 agst Gallipot, 10 to I agst Blooms bury, 11 t o 1 agst Queen Bee, 13% to 1 agst Gibraltar, 18 to 1 agst Retriever (taken), 18 to 1 agst The Plover (taken), 18 to 1 agst Cruiskeen (taken), 100 to 6 agst Bedford (taken), 100 to 5 agst Calypso (taken), 100 to 4 agst Champagne, and 100 to 3 agst Lugwardine. DERRY. -7 to I agst Van Amburgh (taken), Bto 1 agst Rosalie (taken), 9 to 1 agst Coronation (taken), 20 to 1 agst Eringo (taken), 22 to 1 agst Knight of the Whistle, 25 to 1 eget Illarslul Soult, and 40 to', agst Wellington. MORNING EDITION • - Under the statute which regulates the several fees and 1 _ charges allo wa bl e t o the Sheriff, that o ffi cer is liable, if I _ . SHIPPING INTELLIGENCE' _____..........___ f (LLOYD'S.) he make any charge over and ::brave the respective sums The fellowing drafts have been orrlered to he selected : ______.,—.—. - NV . 14 LORLON, APRIL 3.--Whid, this (lay, at noor. s. ' , l 1 :so s-ttlrd, by action, to 11 , -_ , made te i . ;,iy thrri% treys the from tl7e depot companies of their respective regiments and cl,:u I: amount of such overellarpl.. T ip, ,-„,.,„,,,, f , of the serving in this country, and held in readieess kr em barkAtion to join the service companies abroad, viz.:— '''' D e Fi ze A ' l,, A r:rit, 1.- 'Wind N. W,— Arrived !he .Ylll charge complained of W 45 clearly established. Grayson, from Calcutta; Sappho, ditto. Arrived trtn" It was contend e d, h owever , on t h e par t o f th e de- CANADA. -14th Foot-3 Captains, 1 Lieutenant, 3 river and sailed the k-- for ' Sou ' th . Australia ; , fondant, that the excess thus objected to had its origin EasTeas, 1 Staff, 4 Sergeants, 1,50 Rank and File. 43d Holderness, Sydney; Christina,Louisa Munro, Doxford, 1 / 1 1 ";; in the interference of the solicitor for the p:dntiff, Foot -6 Ensigns, 6 Rank and File. .56th Foot-1 Ethelred, Lawrence, Jamaica; Statira, Hood, ditt 4 ; prir through which a certain valuation of the goods had 1 Ensign. 70th Foot -1 Captain, 1 Lieutenant . 2 En- taineer, Hind, Demerara; Prince, Lumsden, Quebeci_ . 4 f c i e .o s m s R t zal, ri ll , l r ou t r h it e ai c nLe r r, ditto; . Mary, Bell, go.tinto.3lln'il; been made by en auctioneer of the name of Miller, as ! signs, 3 Sergeants, 120 Rank and Ele. 74th Foot— though their sal e h a d b een i nten d e d to h ave b een • 2 Captains, 4 Lieutenants , 2 Ensigns, 4 Sergeants, 170 Arabian, St.v3ohn's; Arn a o, an l i rie E s m te. n T'ut T b a a t c e l; the Constl/ effected through th e mediu m o f a n auction, whilst . Rank and File . 83d Foot-3 Eosigns, 1 Sergeant, for St. Übes. The outward bound have sailed exc e i l they, in fact, were disposed of under the authority of 20 Rink and File. 89th Foot-2 Captains, 2 En- Mersey, for I3arbadoes. VII a bill of sale. ' sign', 1 Staff, 3 Sergeants, 100 Rank and File. PLYMOUTH, A P ICI L 2. —Wind N.N.W.—Arrived the r ot Lord from Sierra Lone. Sailed the Tweed, r o t Witnesses were then called to prove this fact. NOVA SCOTIA. -36th Foot-1 Captain, 1 Sergeant, than for Quebec • Queen C Tma Sydney; sl i Lord DENMAN left it to the Jury to s a y whether that 60 Rank and Fire. 37th Foot-1 Lieutenant, 1 En- of the outward boend. Victoria, ' ' Tlir evidence was of so conclu s i ve a nature as to sat i s f y th em sign, 1 Sergeant, 60 Rank and File. 64th Foot-1 FAL:SIOUTII, APRIL 1. —Wind W.S.W.—Arrived the - that the solicitor for the plaintiff had acted in the cha- Fetid Officer, I Captain, 1 Lieutenant, 2 En s i gns , I row, Partridge, fro m Af r i ca . ratter of an agen t w i t h t h e o ffi cer , an d as suc h , had Staff', 3 Se• - geatit4, 100 Rank an d Fil e. 69th Foot-1 SOUTHAM N PTO, APRIL 2.—Sailed tale MOO Royal steamer, for Dublin. caused Miller to make the valuation, thereby causing Captain, 1 Lieutenatit, 1 Eiisign, 2 Sergeants,.Bo Rank , ~ set.": PORTSMOUTH, APRIL 2.—Wind N. W. fresn oreeose the overcharge complained of. If they were satisfied of and File. Sailed the Vulcan, Patrick ; Thomas and Henry, for that fact, it would be their duty to find for the defendant. CEYLON.-90th Foot-2 Ensigns, 2 Sergeants, 60 tius ; William Sheppard, Davidson; William, Muir, 7ts,--.--id° If, however, it did not convince them that be had not Rank and File. Martha Pope, Jones, Torbay. Arrived the Idas, ,"`"-" interfered in the character of an agent, then they would CAPE or GOOD HOPE —27th Foot-1 Captain, 1 Rio Janeiro; Gem, Greym, Sunderland. 1 "; i; find for the pl a i n tiff. Ensign, PADSTOW, A PRIL I. —The Britannia, bound to /1 1 1 1 S rgeant. 50 R an k an d Fil e. 91st Foot -2 d ru ri n v n e i n ng on fii,rrelthri,shiehyhour during a gale at W... 1 ,•4 0 1 . ' i • The Jury, after a few minutes' consultation, returned Lieutenants, 1 Ensign, 2 Sergeants, 100 Rank and File. c , k Rocks, and is not expected to l'''' a verdict for the plaintiff, damages 161. 7g., being, with The 20th R..giment, being second on the list for fo- ' some ded ' - —crew saved. Ade ° GLOUCESTER, APRIL I.—Arrived the Queen from St. Michael's. SUNDERLAND, MARCH 31.—Sailed the Glide, Quebec. the 14° LIVERPOOL, APRIL 2.—Wind W. fresh.—Arrivedr. 0 0, Jersey, Dixon, from New Orleans ; Belmont, do. ; ; 141 104 Allen, New York. on the 17th, 18th. 19th, experienueu te s o , St! gale at. E. and hove to for two days. Azores, F e b ,' Michael's ; George IV., Charente ; °beton, Lim& t,.„,h supposed fro m C a l cutta ; Robert Paxon and Ann, both posed f rom B om b ay ; the George Washington, v6O bound to New York, put back with loss of foremast , k Cork. '1 he Virginian arrived here, spoke to the, A t rite from Tampico, very le a k y , an d b earing up for New °D. si g ns of the P res id ent. 13 ,01 / SHIELDS APRIL I.—Sailed th e Herring, StoddaDry itl o den, Butcher. The Betsy, of thi s port , 55d anal° Stockton, 27th ult., for Scarborough or Bridlington , not since been heard of. HULL, APRIL 2.—Fresh breezes from the N. vv'• the Jane, White, from Hamburgh. Sailed the LatOns , 7 michi ; Lord Alulgrave, ditto ; Enityrnion, 1 ,1111 Winn, ditto; F oster, d i tto ; Lady Worsley, Richebuc''Por Ilumney, Simpson, Quebec; Aurora, Hunter, ditto; combe, ditto ; Admiral Benbow, Campo Bello. THE MARKETS -SATURDA Y NEWGATE AND LEADENHALL. The supply being but moderate, the best Beef sold at 2,1. per stone advance. Veal sold well at form. Small Pork aid well at ss. 2d., but large and coarstM, ties we re a h eavy sale at rather lower prices. 8eef, 9 0," to 4s. Bd. ; Mutton, 3s. 10d. to ss. 2d. ; Veal, ss. Bd. ; and Pork, 33. 10d. to ss. 2d. Game and po j : good supply ; t ra d e was rather lively, and prices 12,1 11 . the same as l as t quoted. Eggs in large supply at 43. 6d• per 120 for English. WHITECHAPEL MARKET. 01 4111 The supply w as s h ort, and the meat sold very dear,' 01 demand far exceeded the supply. Beef, 2s. B d. to 4 0 7/41. Mutton, 2s. Bd. to 4s. 10d. ; Veal, 3s. 4d. to ss. 6d. ; 0 0 0 1 1 ; 4s. to s s . 2d .: L atnb, ss. Bd. to 7s. per stone. 41. 10s. t o 6 1.: M eadow, 31. 10s. to 41. 15s. ; Strto,' 2/. 2s. per load. TEA MARKET. ,t 0 Prices of Free Trade were firm, and the business d 42 to a fai r ex t ent , Com - :9 4 . -'- Cor •• aany's ingou fetchd is. 7 k.,,H,0rt• The deliv er i es h ave been good, both for home e use and TALLOW MARKET. ibt There wa s a goo d demand for Russian Tallow, bot h 0 t 0 lade° spot and for deliver,, : prie ; ries were her ; sales 6d. to to 465. 9d. for p y re.e p nt, c igh and 475. 6d for future, de ll — SPICE MARKET. Pepper dull of sa!e, and prices on the decline. 0 1 Lipnea in g oo d d eman d and prices hi g h er . PimentoPimento o, dearer and the supply short. SPIRIT MARKET. eocl i* The market fo r R um was dull, and prices on the gilloo. 'I here were se ll ers o f proof Leewards at 2s. 3d. P er Brandy in better demand and prices firmer. s. 44 40 .0 40 $6 Si ..., 39' 42 d . 8 a 6 6' EDINBURGH CORN MARKET. Wneat. Barley. Oats. rear. First 77s. Od 37: fkl. :3s. 4d, 444. Od. iycond 66 0 33 0 27 0 40 0 Third Average price of Wheat St 5' 01. t „ $ PRICES OF PROVISIONS 46. C• tt-'i lb. If f: i° ......... is. 6d. 1003.8 d. Fresh Butter, . ~, I 0 ,0 6 0 8 Salt Ditte................ i o JO' 1 L.ain0._,17.7q.......r.,.............. 50 0 (5 6 1 08 1 7 0 0 0E 1) ga i Ditto, , r p pa P er k, C i s: o; i t . .. , .. . ...... ,0, 0 ~a6g . 110. - 0: ~0„w, cw,..........3., 0 40 0 Wheat Ditto ' 6." , 0 2tiartern Loaf . -- 0 83 0 9 Barley Ditto .... 6 0 ~ 0 potatoes, I llb. ... 0 3 045 Hay, perst... 1 v ....„ EIHNLURGH MEAL MARKET Per 1 0 Per Sack of 2MI:1 ) . I In!, Per Stone oft Loa ir 0 il O Fitst Oatine;il Second ditto Iltrlevtl,eat l'easeettoal Pot Barley from 28s. to 455. Per "CI( 100 ' 0 1 ; 90 0 40 0 $6 Beet, per w. tiutt0n—,...,,..„ Vea I fore CORNWALL MARKETS. (CLienlatetl at •?4 gallons to the bushel.) Oat.- .0. Wh nt c. Barley. 8 s 1 S. 0. '`' o 5 0 o '4 3 8 -- 0 3 4 .- 0 x o 4 4 9 • 3 6 - n O 3 6 - 0 ?`: 3 8 4 2i" *; 0 4 0 s. d. to r. d. eruto.... ........ —'? 710 HeMime — , 88 I St. Austell — 0 7 6 Bocnnut 7.,iskeard — 0 7 6 Launceston — 0 7 f • Cam:Hord... Penzance. ..... -. MINING INTELLIGEVCE. T o a r C O rg Quantity of Copper • ,r es so ld at Itedruth Isl; week... 0 1 Average Produc e 2uantft oi line Copp er 1217.4 s Amount of sale, 16.0 u; 6d -• -Average ktandard, L tv- BUSINESS OF T HE M ETROPOLITA N P° r tb' 11 C.,oußTs..--Th e f 11 amoutit of business transactedr'i'gju aco in the pa e m r e t Courts for F e b ruary, 1841 :—The number of caggr, at Bow -str eet were 531 ; Union-hall, 507 • "°*, 911 street, 477 ; Illarylebobe, 345 ; Thames Pnlic e i ;SO' m n v r op r o e i ittuarn b n o Greenwich and Woolwich, 283 ; Hatton-gardec , Queen-square, 183 ; Lambeth -street, 152. v r i . KNIGHTSBRIDGE INIPROVEMENTs.--,---.„lgs bitt has bought the Cannon Brewery, which will b e ir - ba down, and first-rate houses erected on the site. or ip will be an entrance into Hyde Park, to be calledAi gbe Albert's Gate, The houses extending al on g"" e fo .; Park hebng to the Dean and Chapter of Westtail 41 0 they have given the ground for the entrance, ay. Woods and Forests will erect the gate and lodge. IO GOLD WATCHES, LONDON• MADE'Thro A. B. SAVORY an d SONS, Watchmakers, 1•140. 9, of London, opposite the Bank of England, submit for se'r ie very large STOCK o f GOLD W ATCHES, t h e vrq .n , which are made an d finished under th e care f u l insPec. 6 " experienced workmen on their own premises, and each is A ranted for correct performance. - SIZE FOR LADIES. 6 Fine Vertical Watches, jewelled, in engine-turned E 8 lee gold cases a n d go ld di a l s, warranted ..• Fine Vertical Watches, jewelled, witk double backed engine -turned gold cases and gold dials, warranted Patent detached Lever Watches, jewelled in four holes, with double-backed gold cases and rid dials, warranted SIZE FOR GENTLEMEN. Patent detached Lever Watches, jewelled in four holes, seconds, and double-backed gold cases, warranted Patent detached Lever Watches, capped, jewelled , 0 in six holes, secon d s , d ou bl e- b acked gold cases 1117 and enamel di a l s , warrante d Patent detached Lever Watches, capped, jewelled in six boles, seconds, double-backed gold cases o j a -11 d ° i and gold di a l s , warrante d h i Either of th e G en tl emen ' s W atc h es may be 0.1110 hunting cases for 31. 3s. eac h extra. N . B . Sec' Watches purchased in exchange. 12 i g ° 14 14 0 13 15 PATENT LEVER WA TC v 0 1 With silver doubl e -b o tt om cases 6 16 W,th silver hunti ng cases 0 16°b This celebrat e d construct i on (the most accurate n ll f oe' a watch can b e ma d e ) i s now offered, with the latest iirholeo. : ments e. the d e t ac h e d escapement, j ewelle d i n four o ' , capped, hand t o mar k t h e seconds, hard enamel di a l, ana .bole taining powee t o cont i nue go i ng c hi le winding up , a t the price : b h t he A printed w arran ty i s g i ven , w i t h fi xed terms, w - ic Watches will always receive any attention needed. T. CON SAVORY, de , Watchmaker, Silver and Goldsmith, 47 , C ern kill (Seven from Gracecharch-street), London. N. B.—Second-hand Watches purchased in excl lo* gg' PAPIER 11ACHE TEA TRAYS. 60s. Or • • d Ol of FULL , IZED GOTHIC SH APE. Superior Lon _.. Table Knives, with ivory handles, 14s. per dozen 1 13 ,7 Poles for Window Curtains, inch diameter, Is. 3d. F e l: 2 inches, Is. ald per foot ; b ronzed fenders, 4 feet long , vi re . Catalogues gratis, containing the prices of stoves, fen ders ': r eo' irons, kitchen utensil s , and every article in furnish in g itor.ivery. RIPPON and BURTON, Wells-street, Oxford-street- Established 1820. DUTY ON BRANDY AND HOLLANDS.-- ' From 1796 to 1806. the duty on Hollands varied fieen 7s. 6d. to 14s. a gallon, and the annual average consurnp ' ton was upwards of 700.000 gallons ; the duty is now 225. 6tl. a gallon, and the annual consumption of du'y_ paid is now about 23,000 gallons. With a tax from 250 to 450 per cent., the everame rrvenue was at lea.it 350,0001. ; under a duty of 700 per ceet. it is 26 000/. The populati et of the country hes increased nea.ly one. half, the custom duties three-fourths ; but tie custom duty on this particular article has &lien 1,300 per cent., or from 360 to 26. In 1814. the duty en brandy was raised from 14s. to 18s. 10d. a g Aloe, wine m. teetie; the con sumption elt creas , d trem 1.820.000 to 720 000 gallons, ' and the revenue fell from 1,370,0001 to 825,0001, though it has since recovered in the amount receiv. d, but nut in the quantity consumed In 1689, the annual consumption in England, at a duty cf about 100 per cent on the prime cost, was 1,989 165 gallons. Since that period, the Icier; (inelteenie Scotland) has tea 1t quadrupled—the national income has lute ee..ed seve,o,ti, hei the nominal cote-uaip ion of brandy is less than it was 140 years r go. Although the postponement by NI r. Hume of his motion respecting the Caroliee must nece.,sar.ly had to the belief that sufficient of official intelligence on the subject bad not yet reached this country, we are enabled, through our New York Correspnndent, to state most posi- DIED or • lively that assurances had been given to our Minister of the determination of the Federal Goverment not to suffer tha case of Mr ; M'Leod to become a cause of war. a o rl a bo th ro e ufh t ,.ag s e t. d 74 at . Clapham, Surrey!, John O'Brien, E sq .ll On the 2d inst., in Pl, the Duchess Dowager ~ The s'rotig good - genre of the American people had M.D., late s of i t n he 7th Rovil Fusiliers, aged 35. awakened to a proper estimate of the whole circum stancee, and although we cannot announce the precise On the 28th ult., at Liverpool, ' Mr. W. Longstore, Be mode by which the Federal Government will do jnstice in yard, Fleet-street. a ged 6 2 ' the 28th ult ., J. Hill, Esq. of Exmouth, Devon, a 0 r. 1 ,_ 8 11 1, 74- this cas e , our reliance u p on our New York Correspondent On the 28th ult., Mr. Answorth, of 3i Clifford ' sln n, enables us to state most positively, that General Harrison.. es, Esq., of L will have the manliness and ability to tear asunder the a Jermyn-streete ov. the of meshes with which Van Buren had laboured to entangle ; 31st 1v s u Published by MURDO YOUNG, o f On the him, and that we may hope for a !mtg. continuance of arai.. London: Printed and The Sun Office r No. 112, BOVA No 112, Strand, at e cable alliance with the United States.-- Observer. Middlesex: —.Alouday; Aprii 5,184 the gounty of m ;t• ;11b il o ' It;yaraS,micaleitibto,nsges,erde7ll4e! .........% BIRTHS ef a daoghter df e . EBialla.lir o .lBt., n o,,nE : , l st i cioh e .:, 2 av - o lth ult , at Brighton, the wife of J. G. Tubuli► Esq., of a daumhte . r. thi. Ist inst., at Har!ey-street, Canendieh•square,, the a n au e dg r .ah ab utge le rh.t A er r . chde.te ' on Austin, of British Guiana, On the Ist inst • at Colebrooke-b.rrace, Islington, Mrs. L On the 2d inst., at Larkhall-rise, Clapham, the lady of Cl' NAVAL INTELLIGENCE. In (From the H amps hi re T e l egraph.) PORTSMOUTH, APRIL 3.—Toe Horatio, transport, Lieut. Chapman, agent, sailed from Jamaica on the 3d of March, with invalids for Woolwich, and may therefore be daily expected. The following come home passengers in her, Captains Bingham and Caddy, Lieutenants Shakspeare, Harvey, Graham, Wilson ; and Assistant Surgeon Hassitrd, R N., and Mr. A. S. Lawson, Ordnance Department. The Asia, 84, Capt. W. Fisher, will be paid off on Wednesday next, at Sheerness. The Cockatrice, 6, Lieut. Oxenham, fitting at Chatham, is destine-1 for the South American station. Tne Pelican, 16, is ordered into harbour : it is said that some of her planks arc unsound, and that her sternpost is detective. If this prove to be the case, the officers and men will he tran,ferred to the. Bittern, lately launched and ready for commission. Tae Nunia trinsport, Lieut. Ward, agent, is daily expected at this port, wit, Major Paltner's and Capt. Painier's Companies of Itlyal Artdiery on board, with which she will proceed to the West Indies. The discov..ry ships, Erebus, Captain Ross, and Terror, Captain Crozier, lett Hobart Town, in prose cution of their exploratory voyage in the high southern latitudes, on the 12th November last. The Jaseur arrived at Gibraltar from Tangiers, en the 15th March, and the Evoir, at Cadiz, on the 16th. Tti, Athol!, troop-ship, with the 2d division of the 59th Regiment, arrived at Gibraltar on Sunday, the 14th March, after a passage of twelve days, and sailed again for Barbadoes on the 15th. The Soudan, steam-vessel, Commander Bird Allen, for the Niger Expedition, sailed yesterday to Plymouth, whence she will proceed to her destination, accompanied by a store ship. The Asia, male convict ship, may be daily expected to arrive, to receive a proportion of convicts, for Van Diemen's Land, under the superintendence of Dr. Sinclair. By soma accideetal mistake a paragraph has gone he round of the papers, stating that Mr. Bowler, Sur geon of the Victor sloop of war, had been recently dis missed his ship for drunkenness in the West Indies. How such a mischievous error could have arisen we know not, but Mr. Bowler has been in England for the last six months, and Mr. Browne was appointed to that ship in November last. In Harbour—Queen, Victory, Excellent, Royal George, and Echo steam-tug. At Spithead—lndus, Vernon, Pelican, Nautilus, and Wellington, American packet. PROMOTIONS AND APPOINTMENTS. PROMOTlONS.—Lieutenants—Edward Barnaby Tin ling, of the Magnificent, to the rank of Commander. Assistant Surgeons—Robert M'Crrie, late of the Wir.chester, to Pilot (vice A. Lyon, deceased), and to the rank of Surgeon ; George Deak, of the Magnificent, to be Acting Surgeon of the Sappho ; W. Corry, of the Victory, to the rank of Surgeon. Second Masters—W. Jeffery (late Serpent) to the BLit (vice W. Langdon, deceased) and to the rank of Master ; Raines (late Winchester) to Cleopatra (vice James Fowler to Winchester) and to tho rank of Master. Clerk— Lewis (late Winchester) to be Clerk-in- Charge of Gli-aner. APPOINTMENTS.--Captains—C. Wyvill, to Cleo patra ; A. Milne, to Crocodile (late Cleopatra). Commanders —William W. P. Johnson (late Croco dile), to Winchester, vice Milne, to Crocodile ; J. C. Fitzgerald, (late Magnificent), to Racehorse, vice Har ris, invalided. Li-ut.mares—Jillm Lod wick, to Winchester (la:e D e). vioe Glynn, invalided ; Micheel De Conroy, to Ct arybdis (late Racer), vice Tinhog, to Magnificent ; Henry Wright, to Dee (late Skipjack), vice Lodwiek, to Winchester ; Augustus C. May, to Skipjack (late Pilot). 'ice Wright, to Dee ; Jezjarnes, to the Excellent ; E. B. 'Ealing, acting, to Migniticent (!ate C.iarybdis), vice Fitzgerald, :o Racehorse ; Thomas D , nsten, to be Agent. to the BA! Alliance, wish pro visions for the Cnina squadron. Masfers—B W. Robinsnn (late Winchester). to Columbia, v.ce Thompson, deceased ; J ernes Fowler, to Winchester (late Cleopatr ,), vice R,,binson, to Co lumbia. &cowl Mairers—Mr. F. Kent, to command the Echo, steam tug ; and Mr. R. Read, to command th Portsmouth, yacht. Purser—Henry H. Chimmo, to the Thunderer. Assistant-Surgeons—J. Campbell, to the Victory, Vier, Corry, promoted ; W. C. Sproule, to the finntr, vice Pascoe, invalided. Acting Aisistant-Surgeon—Dr. A: Sibb•ird, of the Queen, to Plymouth Hospital. Mate—A. D. Gordon, to the Excellent. The officers of the Soudan, steam-vessel, for the Niger expedition, consist of the following Com mander, Bird Allen ; Lieut. William Ellis ; Acting Master, John Beim ; Assistant Surgeons, W. B. Marshall and Horatio Cullman ; Cleric-in Charge, Ni cholas Waters ; Mates, W. H. Webb and F. W. Sid ney ; Engineer Ist class, G. V. Gustafsson, and Engi neer 2d class, William Johnson. COAST- G UARD.—Commandor—Alexander Taubman Goldie (1839) to be Inspecting Commander. Mares— J. G. S. M. Mt.ore, and Christopher Ludlow to be Chief Officers. (From the Hampshire Independent.) PORTSMOUTH, APRIL 3.—Tne Syren, 16 guns, will be launched at Chathem the latter end of the present month, and be immediately commissioned for the Medi terranean station, by Commander Lord F. Beauclerk. The Northumberland Indiaman, Captain Guthrie, passed by on Sunday last from Bengal, on her way to London, sailed on the Ist of December, and St. Helena on the 7th of February. The Scherles War, Mecienarg, arrived yesterday from Antwerp, bound to the Havannali. THE MONTIBELLO STEAM :111Ii?.--This fine vessel on Thursday made an experimental trip down the river, having on beard the Legatim and Consul of the Neapolitan Embassy, and a large party of naval and scien tifie gentlemen. She steamed at the rate of from 11 to 12 knots per hour, and gave great satiafaction to all on board. She is fitted vvith a pair of double cylinder engines of 200-horse power, lately patented by Messrs. Msud►lay, Sons, and Field; they are beautifully made, and the en gine -room presents great neatness and accommodation, with every facility for attending to any part of the machi nery. The saloon is built upon deck, is spicioue, end con tains the usual quantity of gold, mahogany, and French polish; but the accommodation below is worthy great praise, the berths being built one over the other in steps, or set - ,-off, which render them easy of access; they are com posed of mahogany, and are being furnished in a handsome ; manner. The vessel was built for the Steam Nav;gation I Company of the two Sicilics, and is destined to ply from i Naples to Marseilles. 1 ~~ L AN n A pril u son; Boeri n a 4 le - rro 116:i