The Sun. — London, England, 1841-11-26 00:00:00

SPIRIT of the PUBLIC JOURNALS. FROM. THE EFLNING PAPERS OF YESTERDAY. GLOBE.—That Toryism, the inveterate op ponent of popular rights, the very essence of which is tyranny, and - the means by which it has ever sought to strengthen its position and per petuate its rule, exclusion, erestriction—mono poly, in all the limns in which it can be made to operate in the arrangements of the social system—that Toryism should fraternize withChar tisre, the avowed object of which is to change the very forms of our national institutions, break down the barriers which the Constitution has erected fbr their protection, and thus let in the mass of the population, irrespective of property, to direct and control the legislative and administrative functions Gf Government—that such extremes could be induced to act together in a politicel struggle, was no less disgraceful to the contract ing parties, than it was dangerous to the peace and seamy os' the nation in which it took place. It would either be quietly dissolved by the con trariety of its component parts, or be destroyed by aza explosion, in which the country would be convulsed by the cencussion. The alliance is, it seems, at an end. The Chartists are no longer to be cajoled. The repeal of the Corn-laws— t oat monster-evil, which at once diminishes wag-es by depriving the working classes of employ menteand raises theprice of food by excluding that of fbresssn growth from our markets—is discovered to be of more essential worth to the working classes than the Charter's " Five Points." Though still disposed to obtrude their dogmas, and still ibnd of manifesting their importance by upsetting the proceedings of meetings called fbr purposees altogether wide of their peculiar objects— they have discovered, to the sore annoyanee of the Times, that the Tories are neither theoretically nor prtoctically the friends of the working classes ; and, that in proportion as Toryism strengthens its. hold upon the institutions of the country, there will be an invasion of popular rights, and n increase of national suffering. Hence the recent interruption and dispersion of public meezings called in different places for objects in - which the Tories, as a party, are known to be particularly intereszed. Instead of interrupting, at 'the instigation of Tory landlords, lecturers on the injurious operation of the Corn-laws on the 'aprings of national industry, the Chartists now attend public meetings to insist that the distress of the working classes, produced by the operation of those laws, shall be re. cognized as an integral part of the pro ceedings of the meeting. Abstaining from the, tumultuous noises by which they inter rupted the _meetings of the Liberals, and to which they were chiefly incited by the Tories, whieinsrigated then to conduct so disgraceful, the Chartists pertinaciously insist upon being heard; and, in proportion as they conduct themselves with decorum, and urge their claims with respect to the rules which must govern public meetings, they in general succeed in ob taining a hearing. :But just in proportion as the Chartists become rational, they are obnoxious to the Tories, and the objects of denunciation by the .Thnes. "To muster their forces ;" and "no aeatter how alien soever the declared object of such meeting might be from any political aim," to "persist by dint of a preconcerted rendezvous, in obtruding Chartist amendments, - where party differences cannot be legitimately introduced, and thus rudely thwarting the proper business of the occasion," is, evidently, very censurable when perpetrated against Tory assemblies; but equally commendable when arrayed under Tory marshals and directed by Tory fuglemen, to enable them to act the more effectually against the Whigs. STANDARD.—We shall not assist Mr. O'Connell in tracing the reason of the system un happily necessary to be pursued towards Ireland, because we remember that "male tractatur pax • repetitis causis dissidii;" but we challenge any imputath:m upon the conduct of England towards any of nee other dependencies; and it is by its general conduct a nation is to be judged, as it is by his :seneral conduct we judg e of th e c h arac ' er of an individual. - ' Must we add, that it is by such general conduct we are, in the absence of other proof, to judge of the individual who is found an exception. If we find a man of sound judg ment, upright in his dealings, pure in his morals, generous in his sentiments, and kind to all his children but one, we are apt to conclude that there must be something in the character of the excepted one to justify a distinction. This conclusion would not be much shaken if the excepted one 'should place himself under the guidance of a domestic O'Con nell, teaching his pupil to wish for the ruin of his father and his family to supply an occasion of a :scramble profitable Lo himself: The spirit of li berty, as we have said, is libelled and misrepre sented in company with England. " History af- • fords no contirmatie a of the fact that in the degree in which freedom is possessed by a nation is its injustieee toms-ar.4„s dependent nations." History atteeta vpry opposite. While Greece was free the -. Greek colonies enjoyed the same freedom with the parent States, and protection into the bar ;gain. • Vorniny Chronieleis mistaken in speak- Lao • The - speak ing of Sparta as a free State, and Of the Helots I as a dependent State. Sparta was governed by a grinding oligarchy with monarchical f orms; an d the Helots, who were prxdial slaves, had no State. Rome, during the period of her freedom, gave the ssine freedom to all her depen dencies—they- were either incorporated into her own State, or protected in the enjoyment of all their own institutions, like the Tuscan Ceere. Of England we have already spoken. The reason of the opinion propounded by the Morning Chronicle ever having received a moment's coun tenance from rational men will occur upon a very little reflection. Under an absolute Govern :moot all are equally slaves, and the dependent State feels nothing to mark a condition of inferiority. Under a free Government the de pendent State must be always one degree less free than the metropolitan State, or it would not be dependent. Wise men submit cheer fully to this slight inThriority as the price of a entity protection, but the perverse and silly see in is a constant occaaion of discontent—a never failing topic of seditious excitement. Hence the dependencies of a irce State are, like all other free States, more prone to rebellion than the de pendencies of a desnotism ; but rebellion must be guarded against by rigorous laws and punished with severity—and such rigorous laws and such severity pass tar injustice with the unthinking. It may be observed, however, of all free States, and of our own country in particular, that the State always punishes its own rebels more se verely than the rebels of its dependent States. If the Bristol and Nottingham incendiaries had been. Trisnmen they would not have been hanged. Mr. O'Connell went at large while Messrs. Feargus O'Connor and Bronterre O'Brien iceuplect ieions• dungeons; for ths sigh Ireland not a dependent 'State, but an u' ihseparable part of tile great mettopolitaa State, Ireland is allowed to enjoy all the advantages five from the disadvan Loges, et. dependence. LAW INTELLIGENCE. COURT OF CHANcERy , Nov. 25. seat this m orn i ng i n lir. } -aro :1 Alderm , n took hi, this Court gment i with the Lord Chancell or , for the purpose of giv Col`, t tilt. vase tit iIICKETTS V. Lorrns. tly on last. , 1113 Lomostur.aid that this case h a d b een heard be fore him in 'the in July _Equity Exchequer ; On that occasion he had g iven his judgment several points in the case; but he had reserved other;,- m order to avail liimse! of the valuable assistance of his Learned brother. Mr. Baron Rolfe. Although at the time o f re _ s Tying judgMent on some points of the case it was tin oerstood that the Equity Exchequer was to be abolished, and although that abolition had now taken place it was the opinion of his Learned Brother and himself, that it was competent for him to give, udgment in the case in the :manner lie was now about to do: The two questions now for.judgrnent were, first, whether the will of G eneral Loftus contained such terms as constituted a valid exeeution or the power of appointment ; and, se condly, whether cure power of appointment itself was valid, His Lordship, after goin,r; at some length into the facts or the case, stated, that it was the opinion of his learned brother, Mr. Baron Rolfe and himself, that ac cordity, to the law laid down in the case of Boyd and the Bishop b of Peterborough, which had been followed in several other eases. General Loftus was at liberty to ap point to Mrs. Ricketts a rent charge on the estates in. question in the cause ; that the appointment that had been made \ vas no illusory appointment; and that therefore both the ttppointrnent of the deed of 1304, and that contained in I lie ti ill of General Loftus, were valid executions of th e power contained i n th e marr i age settle nnt. The result let•(,fore was, that the. plaintiff had completely failed, I\nd his bill must therefore b e d. missed With costs. 131.1J2;DP.LL P. GLUDST.)NE7. , IILITNDELL V. STONER— ni,VirDEL,-, V. BLCSDELL. he ard The furth er hezzing- the argu ments i n t h ese part appeals Nva,:: ore , T q, upon the application of Mr. Tinney, to take pi is day week, that being th e f i r s t day cn which his Lord,:i will sit after to-day. The Court, aft(a. dis )osing of some lunatic petitions, proceeded to hear motions. OLDS TZLD V. COMIETT. Mr. Cobbett, the son of the late M.P. for Oldham, was brought up this morning- upon a writ of Habeas, for the purpose of applying for his discharge from the Fleet, to which place he had been committed for contempt. Mr. li. PAnKr.n.., who was instructed to oppose the ap plication, took a technical objection, and the motion was ordered to stand over. The Court will not sit again till Thursda next. ROLLS' CC16:0,1 ov. 25. PA TNE p. HYDE. The MAnER of which aas h and ft ehesterda RoLLB ga ti Vi:jude . nt in this case, Certain was not c that Catheyr. Lordship said that it ine P aine named in th e tes- MORNING SUN - tator's will would not have married and had children, it which case the legatees would not have taken. IL f thought the condition attached to the legatee s for .11, payment within three years of the debts due from then - ', to him at the time of his decease was a condition 10 which time was not essential. He was therefore of I opinion that the petitioners were entitled to t he legacies, and also to the costs of the petition. WILSON V. TINDALL. Mr. PEMBERTON (with whom was Mr. Roche and Mr. Hubbnck) moved for an injunction to restrain the defen dant from the infringement of a patent belonging to the plaintiffs. In the year 1829, a gentleman. named Soarnes, discovered a method of employing cocoa-nut oil in tht manufacture of candles, by subjecting it, in packages o: linen and sail cloth, at certain temperatures to hydraulic pressure, whereby a substance was produced called stea rine, and a liquid called oleine, the fornier of which, after being melted and purified in a copper vessel, was manufac tured into candles; and the latter, afteralso going through a certain process, employed for burning in lamps and othci purposes. For this invention Mr. Soames obtained a patent on the 9th of September, 1829, and enrolled a speci fication of it on the 9th March, 1830. On the 20th March Mr. Soames sold his patent to the defendants, Mr. Wilson, and a gentleman named Lancashire, win were Russia brokers, by whom it was again sold in 1834 to gentlemen engaged by Mr. Wilson . in the ma• nufacture of cocoa-nut candles, and now carrying it on at Belmont, Vauxhall, and in the Island of Ceylon, under the firm of Edward Price and Company. Tht oil employed in this manufacture was produced from I. substance called copperah, which consists of the dried kernel of the cocoa-nut. At the period . of the discovery a duty of 30 per cent. was imposed on the exportation of copperah at the Island of Ceylon, but which a short time ago was reduced to two-and-a-half per cent. On this reduction of the duty, Mr. Tindall, the defendant, determined to avail himself of it, and established a manufactory at Hackney, for the purpose of making cocoa-nut oil freer. copperah. Shortly afterwards several workmen of !ht plaintiffs entered his service, and communications taking place between the workmen of the two establishments, it was, in October last, communicated by defendant': workmen to those of the plaintiff, that defendant in tended to make an alteration in his business, and not only to manufacture cocoa-nut oil from copperah, but also candles from cocoa-nut oil. Upon being informed of this, plaintiff wrote to the defendant on the second day of November last, informing him of their patent and specification, and that if he in fringed it, legal proceedings would be commenced against him, to which defendant, on the same day, replied, that the process he used was not the same as that described in the specification, but founded on a principle to be found in scientific works published many years before tht patent was obtained. The plaintiffs, believing that if tin. defendant made cocoa-nut candles from cocca-nut oil subjected to pressure, he was violating their property, although there might be some variation in the mode in which the pressure was applied, filed a bill for an injunc tion to restrain him from so doing on the 17th November, and it being thought better, instead of obtaining the in ju nction upon an ex parte application, to give notice ofit, the matter now came on for discussion with all the information that could be afforded by the evidence of both parties. Under these circumstances, it was sub witted that the plaintiffs had brought themselves most distinctly within the rules of law which protect patents. and that since the discovery of a chemical principle cotild not be the subject of a patent, but only the appli cation of it to the pr o duction of a new m a t e rial, th e invention of Mr. Sonnies was of this description, and therefore the plaintiffs, as the assignees of that invention were entitltd to the injunction ; and, moreover, if this were not the case, that as they had been in the uninter rupted enjoyment of the patent for a number of years, and had expended a capital of 35,0001. in working it, the Court would continue them in the uninterrupted enjoy ment of it, by granting an absolute an d p os iti ve in junction. Mr. TURNER with whom was Mr. Lorrus WIGRAM, cited the " liepertorium of Arts," and Dr. Thompson's " System of Chemistry," to prove that the fact that stearine and oleine might be produced from oily animal and vegetable substances by hydraulic pres sure, was known many years ago, and also cited Brunton v. Hawkes, 4 Barn. and Adolp. 541, to prove that if there were a known principle appli cable to certain purposes, a patent could not be obtained for the application of that principle to precisely similar purposes, and the Learned Gentleman contended that the patent in question, was to apply the same pressure to a substance called cocoa nut oil, to produce the same result, and that, in point of law, the patent was therefore bad. Moreover the process now used by the plaintiffs was not the same as that used by them when the patent was obtained, there being a difference of eight degrees in the temperature at which the pressure is ap plied. The plaintiffs having, therefore, departed from the use of the patent, it was contended that if they could make out a case of infringement they would not be enti • tied to an injunction ; but it was submitted on the part of the defendant, that no infringement of the patent was proved. _ _ Mr. PEMBERTON was about to reply, when The MASTER of the Rom.s adjourned the further hear Log of the case till to-morrow. VICE-CHANCELLOR'S COURT, Nov. 25. (Before Vice-Chancellor BRUCE.) HAIGH V. DIXON. This was a part-heard demurrer, and engaged the Court the greater portion of the morning. It was totally devoid interest. A few motions of course, not entered on the paper, were disposed of by his Honour in the course of the day. PRENDF.RGAST v. TURTON. The arguments in this cause were brought to a close to-day. His HONOUR in giving judgment said that with re spect to the question raised by the defendant's counsel as to the making of certain individuals parties to the suit, he had thought it the best course to reserve it till the case had been fully heard, either on the part of the plaintiffs or of the plaintiffs and defendants. The cause had been now fully heard, and it was not his Honour's opinion that the plaintiff's had made out a case by which the Court would be justified in giving them re lief. It would therefore be hard and useless to enter into an investigation of the question of parties, and ac cordingly he would, not give an opinion on th e p o i n t s There was anothzr part of the case upon which he did not think it necessary to decide. He wished to be understood as not in any way deciding that the course pursued by the Directors of the Com pany with regard to the forfeiture of the plaintiff's shares, was one which ought to have been pur sued, or capable of being maintained, if questioned in due time. The opinion at which he had arrived as to that point was, that the judgment which he found it his duty to pronounce was entirely consistent with the supposition that all they did with reference to that particular proceeding was unauthorized, and capable of being successfully impeached, if impeached in due time. Now, with respect to the plaintiffs and their discussions with the Directors, those discussions were brought to a close in 1828, and from that period till the time the ]resent claim was made, they (the plaintiffs) never resided out of the Queen's dominions, living occasionally in the island of Jersey and occasionally in England. They might, thereibre, have made themselves acquainted with what was going forward. In the interval the mine being in difficulties, and the plaintiffs refusing to contribute the necessary money beyond thenominal amount °fate original shares, some of the parties interested in the speculation were found willing to struggle with the difficulties, and make a hazard in working the mine, which they ac cordingly did during the years intervening between 1830 and 1836, when the speculation became some what profitable, and the Company became entirely remodelled, and then, and not till then, the plaintiffs, who had apparently retired from the concern when they had found it necessary to ad vance money which they were not willing to give, put forward their claim. In that state of things, his Honour found it impossible to say that the plaintiffs should be assisted. It was impossible according to established principles, as he viewed' them, to give relief to the plain tiffs. With regard to the question of costs, he would hear defendant's Counsel on it. Mr. SWANSTON, on the part of defendant, stated that his clients did not seek to have the costs allowed them. No other cause of interest came before the Coat during the day. His Honour rose at three o'clock. During the few clays that will elapse, before the Sittings after Term commence, the great mass of business to be disposed of in Chancery be tore the beginning of Hilary Term, will be so distri-: bated as to guard against the confusion in the general list of causes which was unavoidably consequent on the late arrangements in the Equity Courts on the establish ment of th e new Vi ce -Ch ancery C ourts. (Before Vice-Chancell o r W IGRA M.) His H ONoUR this morning allowed all the exceptions except the fifteenth. The f ort h RAMIE V. CADIES. tin ued honour a er hearing of this p ar t-h ear d cause was con that his o nour will t a k e t i me to consider his judgment, great part of th e day. It is expected the documents in the cause being very numerous. QUEEN'S _ COURT ap THE QUEEN V. THE WARDENS Tho COURT gave rule for a mandamus to OMP.& jud admit"' The return set forth that tha BENCH, Nov. 25. , &C., OF THE SCRIVENERS' the this case, which was a prosecutor, he having served the whole of his time, te.)4:Tic.thr had not served his time in the terms of , the 7 Scriveners' Company. Gee. 111., which were almost identical se'etiu'l of of the 41st Sth section of the Act Geo. If. On thhr. , i l t v h thos e was joined, and on the trial before M r . , T e ti rent issue ,aule, at York, a verdict was taken for the Crow n ' CO M the opinion of the Court upon the special ease ‘ s v ' lTt.. i .h e l t : t(b been agreed during the present tei in. It appeared plat during . the last five years of his time, the prosecutor had served his master as an- attorney, and the Comp a. ,, alleged that the services were of a nature which wer":, incompatible with the provisions of the Act, when coupled with different services under the same master. The Court was of opinion that the present was clearly iL question of fact, and if the master really carried on th e business of a notary, and the prosecutor's services were• bona fide given whenever the business required them, the qualification described in the Act had been obtained, such service not being incompatible with the prose cution - of other studies. The Attorney-General had himself admitted that a party so serving his time, might be engaged in literary studies or give lessons in them, such studies being subordinate to the contract which he had entered into with his mas ter, and not interfering with it. If that were so, they could discover no reason why his services as an attorney should be considered incompatible, that service not im peding his contract ; and indeed such business inclining the mind to legal pursuits, might be said to be favour able to such a service. That any of the authorities that had been cited in • h t evourse - if the ar gument, and their judgment, therefore must be For the Crown. CHE QUEEN V. THE EARL OE WALDEGRAVE AND CAPT. DUFF. The Cotrxr gave judgment in this case, which was a rule to set aside a side bar rule, which had been obtained for giving costs to the Commissioners of Police, the pro ;ecutors in an assault committed upon a constable of that force. The application was made under the pro visions of the sth William and Mary, cap. 11. sect. 3, which provided in express terms, that if a defendant pro secuted under a writ of certiorari, should be convicted under such writ, then the Court of Queen's Bench would ;rant such reasonable costs to the party prosecuting, if he be the party aggrieved or injured, or to any Justice of the Peace, or other public civil officer, prosecuting on account of any fact committed, or that concerned him or them as such civil officers to prosecute or pre sent, as the Court should deem fit. The Commissioners of Police were constituted under a particular Act of Par liament for certain purposes therein set forth. Under the terms of that Act, it was difficult for the Court to feel any doubt that the Commissioners of Police were entitled to the costs of an indictment which they had preferred, for an assault committed upon ene of their ,übordinate officers, which had been removed by the defendant by certiorari, and under which a conviction had taken place. The Court was of opinion that the Commissioners clearly answered the description of civil officers, even if they had not been Justices of the Peace. Under the plain words of the Act of Parliament there :ore, the Court was of opinion that the Commissioners were entitled to the costs, and that the present rule must be discharged. In the cases of " Gardner v. M'Mahon," and " Thomas v. Reece," the Court granted rules for new trials. EXTRAORDINARY SCENE.- SUDDEN CLOSE OF TERM The Court then went through the bar, which was by this time pretty fill, beginning with the junior counsel and took a few motions of course. Several Counsel within the bar, on being called upon to move, excuse° themselves on the plea that they were waiting for some of their Learned Brethren who were engaged in the other Courts. Business being at a stand still for some minutes, Lord bEsmAN said they would be obliged to adjourn the Court if there was no business before it. The Judges could not remain sitting there and looking at the Counsel. After a delay of a few minutes, Lord DENMAN again inquired if any gentleman had any motion to make, and the same answer was again given by several of the Counsel, namely, that they were waiting for other gen tleman who were not present. Lord DENMAN said the Court felt that it had been very much trifled with, and then added in a peremptory . tone, " Adjourn the Court--this term is at an end ! ' The Judges and the Bar immediately rose, the latter in a state of some exc it emen t, an d Mr. Kelly said he was about to make a motion, and hoped the Court would hear him. Lord DENMAN (who, with the other Judges, still re mained standing) said if the Court was to be postponed for the convenience of gentlemen, it was time to put a stop to such a state of things. They owed it to them selves, and they owed it to the suitors whose interests were involved, to show to all parties concerned what the practice was. Mr. KELLY again addressed the Judges, and begged they would allow him to proceed. He regretted the ab sence of the gentlemen who had occasioned the present inconvenience. Lord DENMAN said the minds of the Judges were made up. The gentlemen who were present were those who, in his opinion, were in fault. The Judges then retired, and the Court remained for some minutes im a state of considerable excitement. There was a little angry recrimination among the solici tors and gentlemen of the Bar, here and there ; a good deal of loud talking, some laughter, and a few jokes ; after which the Court gradually emptied ; and thus ended :vlichaelmas Term at eleven o'clock in the fore noon, instead of, as is generally the case, nine o'clock at night. BAIL COURT, Nov 25. GOODMAN V. MORELL.-THE ARGUMENT ON DUTTON'. HOLES. Our readers will doubtless ;;Collect that Mr. Hoggins he other day obtained a rule to show cause why a plea setting forth the illegality of certain button-holes, as a reason for non-payment of a tailor's bill, should be set aside. This important case came on for argument this day, and Mr. KNOWLES appeared in support of the plea. The Learned Counsel appeared to have studied the subject of button-holes deeply, and from his researches it appears that there are no less than three chapters on button-holes in the statutes at large—the first beingpassed in the reign of Win. 111., so that Protestantism and button-holes equally occu pied the attention of a Parliament, to the members of which Popery and cloth buttons appear to have been equally obnoxious. One part of Mr. Knowles's argument is too rich to be omitted. The Learned Counsel in grave and solemn manner uttered the following words :—" I con tend, my Lord, that the plaintiff ought to have demur red. This is the first time that a rule of this sort has ever been obtained to set aside a plea. It is a matter of too solemn a nature to be argued in this way." Mr. Justice PArrEsoN—Really if you wish to stand upon this trumpery plea it must stand alone, and you must strike out the plea of the general issue. Mr.. Hocoms —My Learned Friend must make his election which plea he will stand upon. Mr. Justice PATTESON-Exactly so. MANDAMUS.—THE QUEEN V. THE BIRMINGHAM AND GLOUCESTER RAILWAY COMPANY.: Mr. Sergeant TALFounro moved for a rule for a man damus directing the Birmingham and Gloucester Rail way Company to take measures for impanelling a Jury to assess the compensation due to a gentleman named Guest. It appeared that the lands of Mr. Guest are situated near the line of Railway, and that .these had hitherto been irrigated by the waters of the river, but that in consequence of the works of the Company the river had been deepened, and Mr. Guest's lands had been de prived of the advantage they had hitherto enjoyed. Ne gotiations had taken place between the parties, but had led to no satisfactory result, and this application had consepently become necessary.—Application granted. BUSLNESS OF THE COURT. On the SOLICITOR-GENERAL rising to support a rule which he had obtained the other day in this Court, in the case of Duke v. Watchorn, to set aside an execution under a warrant of attorney, Mr. Justice PATTESON said that, before proceed ing any further, they had better come to some understanding as to the business of the Court. He thought that everything moved in this Court ought to have the preference, at all events. It would not be fair that they should be flooded with the business of the other Court. He should, therefore, dispose of the causes moved in this Court first, and after that, if there should be any time left, he should be happy to hear the causes from the other Court, so long as the Term lasted (i. e. until midnight). The SOLICITOR-GENERAL then proceeded with his argument. The case was one interesting only to the parties concerned. CRIMINAL INFORMATION AGAINST THE " WORCESTER SHIRE CHRONICLE."--THE QUEEN V. ARROWSMITH. In this case the Solicitor-General had, early in the present Term, obtained a rule nisi against the defendant for the publication of a libel reflecting on the character of Mr. Rickets, a Magistrate of Worcestershire. Mr. Sergeant TALFOURD having been this day called upon to show cause against the rule, stated that this was the first time the proprietor of this Paper had ever been before a Court of Justice, either in a civil or criminal cause; thathe had inserted the article in question on information on which he thought he could rely; that he had since discovered that he had been misled; that he since made inquiry, and was perfectly satisfied that in the transactions alluded to there was nothing that was in the slightest degree derogatory to the character of Mr. Ricketts. He expressed his deep regret for what had occurred, and, through his Counsel, begged to make to Mr. Ricketts the most ample and unreserved apology. Under these circumstances, it would be for his Learned Friend the Solicitor-General to state whether he would press the rule. Of course Mr. Arrowsmith would pay all the costs. The SOLICITOR-GENERAL said the application had had been made by Mr. Ricketts, solely for the purpose of satisfying the public that there was no truth in the imputations which had been cast upon him. The Learned Solicitor-General then, on behalf of his client, expressed his willingness to accept the apology, and consented to the rule being discharged on the defendant paying all the costs. Mr. Sergeant TALFOURD—This is exceedingly hand some conduct on the part of Mr. Ricketts, and .1 beg to be understood as making, on behalf of my client, the must ample and unreserved apology. THE QUEEN V. JOHN TRAVIS. In this case Mr. hays had obtained a rule for removing the depositions by certiorari into this Court, and for ad mitting the defendant to bail in that Court. It will be recollected that the defendant had been committed by a Lancashire Magistrate on a charge of feloniously and maliciously stabbing the horse belonging to Mr. Ent wistle, who, while out hunting, had trespassed on the grounds of the defendant's father. From the affidavits in support of the rule, it appeared that Mr. Entwistle had rode at defendant, who had held out a pitchfork to de fend himself, and that Mr. Entwistle had ridden against it Mr. HoGGiNs this day appeared to show cause against the rule, and read the affidavit of Mr. Entwistle, in which that gentleman distinctly denied having ridden at the defendant; but said that while riding in a lane he heard his huntsman's cry in defendant's father's field, when he rode into it, and found there the two Travises, Butterworth, the huntsman, and the hounds ; that he rode up to them, and Travis, the defendant, deli berately and maliciously thrust his fork into• the horse. That the defendant was employed in getting in potatoes. but the fork with which defendant stabbed the horse was not a fork used in such work, but a pitchfork, which was polished and sharpened. Mr. Entwis& said that he gathered from what passed be tween Travis and the huntsman, that the Travises were displeased at his passing through the field, when he ob served to defendant's brother, "If we are trespassing we will get out, and that immediately." Afterwards the defendant stabbed his horse. Mr. Entwistle denied that he was riding at th e d e f en d ant, b ut swore distinctly that he had. dr awn up at the ti me f or p urp o se o f spea ki ng t o the Travisos. In this Mr. Entwistle's affidavit was corroborated by the affidavit of his huntsman and game keeper. Mr. noggins was proceeding with his argu ment, when Mr. Justice PATTESON said that it did not appear the depositions had y et b een returned. Mr. HAYES—Th ey ought to have been returned. I obtained a cert i orari to return them. Mr. Justice P they are not i n C ATTESON—If ourt we cannot go on. that .111:r.ilAYEs—I put copies of them into your Lordship's hands on moving the rule. It is not our fault that they are not here. It is the fault of the other side. Mr. HOGGINS—Oh, no ; it is the fault of the Magis trate. HARES---We served the rule on the Magistrate. Mr. HoGGINs—You cannot make your rule absolute. Your only course is to proceed against the Magistrate. Mr. JusticefAirrEso—Seine one ought to appear for the "Magistrate. Mr. 11 , :g!.finS, do you ? Mr. HOGGINS—Oh, no, 111) Lord ; I appear only for the prosecutor. Perhaps it would he. better to enlarge the rule, and have it heard at Chambers. Mr. justice PAI'TESON—I do not think there will be much difficulty in the case. It is admitted on all hands that the man was in a passion. It can scarcely be con sidered a case of maliciously stabbing. Mr. HAYES—I hope your Lordship will fix the amount of bail. Mr. HOGOINS—Stop, stop. It is not quite certain yet. I do not know how my client may act. Mr. llAvEs—Really this conduct is not very creditable to Mr. Entwistle. Mr. HOGGINS—I will speak to my client on the sub ject, and state to him what has fallen from yc ur Lordship. Mr. HAl:Es—Will your Lordship fix the amount of bail ? Mr. Justice PATTESON—HimseIf in 2001. and four sureties in 50/..ench. Mr. HAYES—He is a poor man, my Lord. Mr. Hoooncs observed that defendant's father had an estate. Mr. HAYES—The defendant is one of a large Mr. Justice l'A'nTisoN—l do not wish to be hard upon him. Let him give bail, himself in 150/., and four sureties in 40/. each. He will have no difficulty in doing that. I should think. Mr. HAYES—Thank your Lordship. COURT OF EXCHEQUER, Nov. 25. THE QUEEN v. HOYLE. Itr. CRESWELL and Mr. CO;;LITN7Gwere heard this morning in support of the rule for setting aside the in quisition and extent which had been issued against the land and goods of the defendant. They contended that it was clear the inquisition was not legal, inasmuch as no evidence, in fact, had been laid before the Jury. In no other case could evidence upon affidavit be laid before Jury. They contended further, that according to the act, the Bth of Edward 1., the party against whom the proceedings were directed was to be summoned. He had a right to be present at the inquisition, and being present he had a right to cross-examine the witnesses, which right would be abrogated if the evidence were taken by affidavit. It was no answer to the case to say that the practice had prevailed for some time ; if it was illegal, which they contended it was, it wa-s the duty of the Court to set it aside. The SOLICITOR-GENERAL replied, and The COURT said they were of opinion that the rule ought to be discharged. As the inquest taken underfa Commission of that Court, in order to find if any debt to the Crown existed, was ex parte, there was nothing in it analogous, to a trial at nisi pries, and therefore it was not necessary that the evidence should be given viva voce. The intention of the Legislature was to give the Crown a more speedy means of recovering its debts, which would be taken away if tile rule were made abso lute. It was the duty of the Cou"rt to support the prac tice as it existed from ancient Aiinqs all cases where such practice was not 'There was nothing illegal in giving evidence before a Jury summoned under a Com mission to inquire, as in this case, therefore the rule must be discharged. As usual, upon the last day of term, the remainder of the clay was occupied with motions, all of which were of a purely technical nature. COURT OF COMMON PLEAS, Nov. 25. CHAPMAN V. DENIS. This was an action upon a bill of exchange, which was .ried at Westminster on the first day of the sittings in :his term, and in which the plaintiff suffered a nonsuit, consequence of the absence of a witness, who was called upon his subp oe n a , an d -upon whom the plaintiff professed to rely for procf of the hand-writing. Mr. Sergeant Bompas since obtained a rule nisi for an at tachment against the witness in contempt. Mr. Sergeant ACHERLEY now showed cause against the rule, and put in affidavits averring that the absence of the witness was accidental and not in contempt, and that he had attended during the whole of two former days when the case was set down for trial. The Learned Sergeant further showed that the plaintiff' did not go on with his case as far as he could, as be (plaintiff) had in his brief another witness, whom he might have called to prove the hadwriting. He contended, therefore, that the witness, not having intentionally disobeyed the Court, did not deserve punishment at their Lordships' hands, and that the plaintiff, having clearly taken advantage of the acci dental absence of one witness, as a pretext for aban doning a case in which he was conscious he had no ground of action, had suffered no injury for which he was entitled to ask compensation from the Court. Mr. Sergeant ROMP AS replied. The COURT was of opinion that although the witness was guilty of great neglect, yet he had shown that he bad not wilfully disobeyed the Court, and as the plaintiff could not show that he had necessarily lost his cause through the conduct of the witness in question, but on the contrary acted as if he knew the weakness of his case, the rule must be discharged, however without costs, as the witness was not wholly blameless. Mr. Sergeant BomeAs . then submitted that the person in contempt ought to repay the plaintiff 241., being the amount which he had paid fur the defendant's costs. In a parallel case, where an attachment applied for against Lord John Russell was refused, on the ground (as here) that he was not a material witness, and that he had not been guilty of wilful contempt, his Lordship, notwith standing, paid the costs. The LORD CHIEF JUSTICE said that the application was too late, on this the last day of term, to be made, unless upon affidavits, and after notice duly given. PARISH OF ST. PANCRAS.--DOUGLAS V. CHALK. This was an action brought to enforce the payment of a paving-rate. The particulars have already been fully reported in The Sun. The defence turned upon several points, of which the principal were, that the district, East Pancras, represented by the defendants, was not liable, and that the rate was ante-dated. The verdict was for the defendant, and upon the rule obtained for a new trial, The COURT now gave judgment for the defendants. Their Lordships, without determining any of the other points in the case, decided that the "rate, being ante datvd, was illegal." ADMIRALTY COURT, .Nov. 24. THE WASHINGTON COLLISION. The Court in this case was assisted by Captain Drew and another of the elder brethren of the Trinity House, the question being one of nautical skill. A preliminary question arose as to to the admissibility of an affidavit? which the Court, after hearing advocates, rejected. Dr. LUSHINGTON said it was his duty to explain to the gentlemen by whom he was assisted, the position in which the case stood. The original action was brought by the owners of the Catherine against the owners of the Washington, and some time afterwards a suit was commenced by the latter against the former. The collision took place on the 21st of July, in the British Channel. The Catherine was beating down the channel, closely hauled on t h e larboard tack The Washington was on the larboard tack also, beating down. Sapposing there had been a good look out, and if the well-known rule of navigation on the sea had been adopted, the collision could not have taken place. There must have been either negligence or error on the part of one or both. The master of the Cathe rine had stated that 114 had signalled the Washington to put her helm up. The duty of the Catherine was to have kept her course, except under circumstances of the most pressing necessity. The statement of the master of the Washington was that being on the starboard tack the helm, was put hard on weather, .so as to go to the leeward of the Catherine, which vessel had put up her helm, and almost immediately put it clown again, by which conduct the collision occurred. There could be no doubt that the Catherine had acted as had been stated. The gentlemen by whom the Court was assisted would hare to decide if the Catherine had done wrong in putting her helm up, and immediately afterwards putting it down, if she had done so. As to the-Washington the gentlemen would also decide if the Washington had done right in the course taken by her. The Court, therefore, wished to know if one or both were to blame. The Trinity Masters, after a few minutes' consultation, gave their opinion to the Learned Judge. Dr. LUSHINGTON said the gentlemen by whom the Court was assisted were of opinion that both vessels were to blame ; that under the circumstances the Ca therine had acted wrong, and that the Washington had not done with sufficient promptitude that which was required of her in due course. The decision of the Court must therefore be that the damages and costs must be borne between each party. COURT OF •BANKRUPTCY, Nov. 24. IN RE AUGUSTUS BORTE. The bankrupt carried on business as a tailor in Sack. ville-street, Piccadilly, and this.day was fixed for the choice of assignees. The debts proved in the course of the day amounted to 3,217 L 7s. 11d. ; and Mr. Charles Earl, of Sackville-street, mercer, and Mr. James Locke, of Regent-street, mercer, were chosen assignees. FOREIGN BILLS OF EXCUANGE.—IN RE HILL AND BROOKS. This day was appointed for the choice of assignees in the matter of these bankrupts, who carried on business as merchants in St. Mary -axe. Several proofs were admitted without any opposition. Mr. Harriss claimed to prove for bills to the amount of 49C1. 10s., which were part of a large number he had taken from Coles, Thompson, and Harris/4 who were now indebted to him in the sum of 15,0781. 19s. 5d., and all his securities were set out in his account with that firm. Mr. Commissioner EVANS—De you think you will have enough under their estate to pay you in full ? Mr. Harrisa—No, Sir, and I would gladly give you 5,000/. to pay me the difference. Mr. Oxley, of the firm of Masterman and Co., bankers, claimed to prove upon a bill for 4951., which had been deposited with their house, with other bills, as security for advances made by them to Coles, Thompson, and Harriss, who were . now bankruts. This bill was not receiveense d d obay the the m,day abte theyhe could not stopped say whether payment (n. it l a V t a as , former period, as they had a f res h a d vance on t h a t d a y, , and had proved against their estate for this bill.—Claim admitted. Mr. Pilcher, of Toole .street to street, claimed to prove upon two bills of exchange, atn pur ported to have been drawn by Douglas and Co., of Guern sey, and upon unstamped paper. It was object e d to by Mr. Ch a mbers, that there was in reality no such firm as D ou glas and Co. trading at Guernsey, where th e b ills were date l Cl 2 , 4 :ni" which d that they were fabricated in London. The Official Assignee said the matter stood thus : He had been informed that these bills had been drawn by a person named Mace, in London, under the names of Douglas and Co., and also accepted by him. - Mr. Commissioner Evans—Then the proof must be adjourned for further inquiry ; and if its adjournment had been at all calculated to affect the choice of assig nees, I would have adjourned the choice. Mr. Thompson should have been here to give some explanation of the transaction. THE SUN, LONDON. FRIDAY, NOVEMBER 26 1841. WOOLWICH-WEDNESDAY. ROYAL ARTILLERY. The officers, non-commissioned officers, and men of the Royal Artillery, whose routine of duty caused them to be stationed at the Tower of London at the 'time the late fire took place, have had their exertions on that oc casion noticed in very just and flattering terms as fol lows : " General Order, Nov. 23, 1841. " The Master-General having had before him the Report of the Committee appointed to inquire into all the circumstances connected with the late fire in the Tower, and having received likewise from Major Elrington, Fort-Major of the Tower, a communication expressing the high opinion he entertains of the services of the Royal Artillery, not only in the removal of the powder, but of their exertions equally with the other troops to check the progress of the flames on that calamitous occasion, the Master-Gene ral has much pleasure in expressing his thanks to Cap tain Archibald Maclean and Lieutenant Radcliffe, as also to the non-commissioned officers and men of the detachment of Artillery which formed part of the gar risen of the Tower, when the above calamitous event took place. " The order and regularity evinced by the detachment, as also the zeal, intelligence, and perseverance displayed by each individual, under circumstances requiring, in a pecu liar manner, the union of caution with promptitude, ,and with continuous exertion, were such as perfectly to sustain the high character which the Royal Artillery has so long deservedly enjoyed in the service. " IL D. ROSS, Colonel, " Deputy-Adjutant-General." ' ROYAL MARINES. Lieutenant Hawkins and a detachment of Royal Ma rines, who served during the last four years in the Se ringapatam, 42, Captain J. Leith, on the North America and West India station, joined head-quarters at Wool wich yesterday, having been paid off from the Seringa patam on Saturday last at Sheerness. SPORTING INTELLIGENCE. TATTERSALL'S.—YESTERDAY. THE DERBY.—Attila was backed for 501. at 9 to 1; Chatham for two to three poneys at 14 to 1; and the Lord of Holderness at 25 to 1, to nearly 200/., and the odds afterwards offered against each; Wiseacre, Cana dian, and Brother to Phcenix, were also touched upon at the prices affixed to their names, and the taker might have gone on at the same figure had he been in the rein. Palinurus and Nessus were mentioned, and the first of the two backed, but the disposition to bet agains them was very general. Closing quotations:— THE DERBY. 3 to 4 agst Scott's lot 14 to 1 agst Mr. G. Clark's lot--taken 12 to I .:.gst Colonel Anson's Attila 14 to 1 agst Col. Peel's Chatham 20 to 1 agst Lord Verulittn's Robert de Gorham 25 to I agst Mr. G. Clarke's Lord of Holderness—ta 33 to 1 agst Mr. Wreford's Wiseacre 40 to 1 agst Ilon. S. Herbert's Nessus 40 to 1 agst, Mr. Cooke's Palinurus 50 to '1 agst Lord Jersey's Brother to Phoenix 50 to 1 al;st Lord Miltown's Scalteen 50 to 1 agst Mr. Sadler's Mule 50 to 1 agst Duke of Grafton's Canadian 50 to 1 agst Colonel Peel's Seahorse—take 1000 to 15 1000 to 12 agst Mr. Bird's Dr. Allen 1000 to 10 agst Mr. Morgan's Agreeable colt—taken 1000 between Auckland and William de Fortibus 700 to 100 agst Attila and Lord oftHolderness—taken THE OAKS. Passion was backed for nearly 300/. at 7 and S to 1, and closed at layers of 7 to 1. COURSING. ASHDOWN PARK MEETING—(CONTINUED). WEDNESDAY.—Second Ties for the Cup. —Mr. Good lake's Gentility beat Mr. Baildon's Barrier ; Mr. W. Etwall's Westwind beat Mr. Baildon's Bashful. Second Tics for the Derby.—Mr. Etwall's Eton Boy beat Mr. Baildon's Barricade ; Mr. Morant's Musselman beat Mr. Baildon's Byron. Second Ties for the Oaks.—Mr. Agg's Amazon beat Mr. Baildon's Barbara ; Mr. W. Etwall's World's End beat Mr. Etwall's Excuse Me. The (First) Weyland Stakes.—Mr. Agg's Attilla beat Mr. Bowes's Boscobel ; Mr. Lawrence's Longstock beat Mr. Goodlake's Gruel. The Weyland Puppy Stakes.—Mr. Lawrence's Lancet beat Mr. Morant's Mince-pie; Mr. Etwall's Will Watch beat Mr. Cripp's Contest. The Lamborne Stakes.—Mr. Agg's Airy beat Mr. Cripp's Climax; Mr. Goodlake's Gracchus beat Mr. E. Cripp's Eyebrow. TROTTING MATCH AGAINST TIME. One of the most extraordinary performances ever, perhaps, attempted with success, came off at Slough on Tuesday last. A pony only 12 hands and 1 inch in height, 6 years old, the property of Mr. Watkins, of Windsor, was matched, and backed for a large sum, to trot 14 miles within the hour. Sums to a very consider able amount were depending upon the event. The pony started a few minutes before three o'clock at the mile stone between Slough and Salt-hill to the Dumb Bell, near Maidenhead, and back, ijerfbrming that eight miles in 331- minutes, viz., the first four miles in 17 zniputes 14 seconds, and the stcond in 16 minutes 16 seconds. It then went three miles, out and in, to the place of start ing, and accomplished the last six miles in 26 minutes, winning the match in beautiful style, and as fresh as at the onset, but with only 30 seconds to spare. The pony was ridden by a boy 14 years of age, and weighing only 641 b. Looking at the Lilliputian s i ze o f th e nag , t h e distance covered within the hour, and the way in which the little'-un got over the ground, causing the riders of many good-looking horses, double its size, to give in after accompanying it for the first eight miles, this perform ance may be considered one of the most extraordinary upon record. ,The owner, on the ground, offered to back Mtn to perform 15 miles within the same time. GREAT NORTH OF ENGLAND RAILWAY. Traffic returns for the week ending Nov. 22, 1841: Passengers £603 7 0 Merchandize £1,083 13 2 Darlington, Nov. 24. D. O'BRIEN, Secretary. --- MELANCHOLY CASE.--An inquest was held at the Coroner's-office, Rotherham, on Wednesday, on view of the body of William Swift, of Rotherham, aged 27 years, who was accidentally shot, on Tuesday night, in the park of Lord Howard of Barbot Hall, with a gun with which he was about to shoot a dog. His Lordship had given orders to one of his servants, who was ip pos session of a dog, to get quit of him; and he. not liking to destroy the animal himself, sent for the deceased, who was passing through the park on Tuesday evening, pro vided with a gun for the purpose of shooting him. The groom was with the deceased at the time; and on their way a dog belonging to his Lordship flew at the de ceased, who struck at the dog with the barrel of the gun, which was not upon the cock at the time. He missed the dog, but the percussion cap striking the ground, the charge exploded, and the shot entered the left breast of the deceased, and penetrated the heart.. Instant death was the consequence, Verdict of the Jury, "Accidental death." We understand that Lord Howard has evinced his concern at the fatal occurrence, by kindly visiting and relieving the' widow of the deceased; at the same time giving orders that she should not be allowed to want for anything.—Sheffield Iris. JUDGE LEFROY —We have heard, from a well-informed Tory quarter, that the Duke of Northum berland held up his hands in utter amazement, on learn and that his Grace exclai me d, " This is, ing that the Government had determined to make M r . bad." If Mr. Lefroy really b e a J udge, Orange organs have boasted, why h as h e not taken Lef i r n o d y ee a d, Judge, too h s i s the seat ? r ihe Packet tells us Baron Foster has consented to vacate the Exchequer, in order to make room for Mr. Lefroy, of course, as the junior Baron, the Learned Ve teran having abandoned practice these ten years. If so, why does he not take his seat in the Exchequer, and why does not Mr. Foster, if he has ceased to be a Baron, make h i s appearance in the Common Pleas,- where he should become the Junior Judge also, although he is, or had been, third Baron of the Exch eq u er ? We beg that the Mail or Packet will vouchsafe an answer to these questions.—Doblin Evening Post. NAVAL INTELLIGENCE. (From the Brighton Gazette.) PORTSMOUTiI, Nov. 24.—The Royal George yacht has been re-commissioned by Captain Lord Adolpus Fitz clarence, and it is said will certainly embark the Queen and Prince Albert, in the early part of next summer, on a trip to Ireland. Captain Yates, of the Pique, 36, having resigned the command, Captain Henry Forbes, 1819, has been ap pointed, and is ordered forthwith to proceed to Bermuda and Jamaica with men for the West India Squadron, and despatches for Vice-Admiral Sir Charles Adam, K.C.B. She will sail on Thursday. The Admiralty have directed the complement of the Pique, 36, to be increased to 360 men, and that of the Warspite and Vindictive, 50's, to 550 men each, within 50 men of a 72-gun ship. This is manning ships efficiently in case of sudden hostilities. The North Star, 26, Captain Sir J. Home, Bart., and Apollo troop-ship, Commander C. Frederick, are equip ping with all despatch to proceed to China, to convey troops and munitions of war. The Bulleisle troop-ship, Captain Kingeome, and Harlequin, 18, Commander Hastings, are at Plymouth, for the same destination. The former takes out the 98th Regiment. The Brigs Pantaloon, 10 Lieut. Crozier, and Rapid, 10, Lieut. Tryon, with the steamers Avon and Echo, are running to and fro with new l y entere d men for the ships fitting out. The Madagascar, 46, Captain Foote, is ordered to pro ceed to the Cape of Good Hope station, to relieve ; the Andromache, 26, which report tays is to go to China. The Tyne, 26, Captain Townshend, recently from the Mediterranean, was paid off into ordinary on Tuesday. The Aigle, 24, Captain Lord. Clarence Paget, is under orders to proceed to the Mediterranean, to join the squadron under Rear-Admiral Sir Francis Mason. The Spartan, 26, Captain the Hon. George Elliot, is ordered to proceed to the West Indies, to join Vice-Ad miral Sir Charles Adam's squadron. Rear-Admiral Sir John Ummanney, K.C.8., may be expected to arrive in England from Malta, in the Power ful, 84, about the middle of December. The Thalia, 46, Captain C. Hope, is ordered to pro ceed from Chatham to Spithead forthwith ; and also the Isis, 50, Captain Sir John Marshall, K.C.B. The Carysfort, 26, with the Satellite, 18, and Ring dove, 16, are preparing for the pendant at this port. The Wa,p, 18, Commander the Hon. H. Murray, is ordered home from the Mediterranean. AT SPITHEAD.—Pique, 36, Aigle 24. IN HARBOUR.—St.Vincent, Queen, Victory,Warspite, Vindictive, Belvidere, Hazard, North Star, Excellent, Royal George yacht, Apollo, Viper, Echo, and Panta loon tender. POLICE INTELLIGENCE MAIVSION-HOUSE. IMPROPER INTERFERENCE OF THE POLlCE.—Robert Towers, brass-turner, of No. 4, Slade's-place, Clerken well, was placed at the bar before Mr. Coombe, charged by George Vincent, a parish constable, residing at No. 5, Portpool-lane, G ra y s I nn -l ane , with having committed an assault. The prosecutor, having been sworn, stated that on Tuesday last he was employed by Louis Worms, an ap praiser, of Brook-hill, Clerkenwell, to distrain upon the goods of the prisoner for rent, when he proceeded to his lodgings with his warrant to seize his goods. On his di-rival he found the prisoner's wife in the room, and on explaining his business she consented to have the goods impounded. In the course of the evening the prisoner entered the rcom, and questioned witness's right to b e there, and ordered him out of the place, when he struck witness, and turned him out. He proceeded to the street, and called police-constable No. 189 to his assist ance, and on returning to the room, they found the door fastened. Witness demanded admittance, but he was re fused, when he forced open the door, and gave the pri soner into custody, on which he gave witness a severe blow on the face. Mr. COMBE, with some warmth, told the witness that he had acted most improperly. What 'right had he to eject the prisoner froth his room, when he had posses sion ? Vincent—l think I had a right to get him out after the goods were impounded. Mr. COHBE said be was not going to argue his right with him. He had no right. The prisoner said he was absent from home when the prosecutor entered his place. He returned and found him in his room, when he asked him what business he had there, and ordered him out of the place. He was tipsy, and seized hold of his son, nine years of age, and fell down with him, over the bed. He (prisoner) went to his son's assistance, and turned the prosecutor out of the room. The prosecutor struck him. He did not deny having struck him, and when he got him out he fastened the door. Police constable 189 G, being sworn, stated that the ptiosecutor came to him an d i n f orme dhim, that he had destrained on the prisoner's goods and he had assaulted him. He accompanied him to the prisoner's room door, which was fastened, when the prosecutor forced it open and gave him into custody. Mr. CoMBE—And do you mean to say that ,you did right ? (To Inspector Penny)—This conduct is• very wrong. Inspector Penny—Very wrong, your Worship. Mr. CosinE—Here is a constable, without seeing any assault committed, going, at the request of the prosecutor, to talc 4 a man into custody in his own place. Such con duct ought to be made known to the Commissioners. No man would be safe•in his own house if such proceedings were encouraged: if so, anybody might go to a constable and say that he (Mr. Combe) had committed an assault, and then come and break into his house s and give him into custody. The Chief Clerk suggested that a clause in the new Police Act gave the constable a due discretion to exercise. Mr. COMBE—I can only say that it is not law ; and, if it is, the sooner it is done away with the better. Ile pe rused the clause of the Act alluded to, and said it re ferred to aggravated assaults, but here it appeared there were no marks of violence on Vincent's person, or any thing to justify the proceeding. The policeman said that he would not have taken the prisoner into custody, but Mr. Worms, the broker, was present at the time. Mr. COMBE—What of that ? Worms is not a magis trate ; he had no power to order you. In answer to questions, the policeman said that Vin cent was sober. He kicked the door open. The pri- soner's wife and children were in the room. The prisoner struck Vincent a severe blow on the face after he was in custody. Did not hear Vincent say anything to the pri soner. Prisoner—He did; he tantalised me all the time, which caused me to strike him. Mr. ComnE said he would discharge the prisoner. He had a right to he in his own place after the prosecutor had left it, stud the parties had acted extremely impro perly in the affair. If the constable had been killed, he did not know but it would be justified. However, the pri soner would be justified in striking him or anybody else under the circumstances. He had no doubt the prisoner had played a trick upon the broker, and he recom mended him to pay the demand upon him. He was then discharged. CROYDON POLICE. In consequence ,of the numerous robberies of carts, and accidents occasioned by the negligence of the dri vers, who generally, upon leaving the metropolis with their teams, go to sleep, and allow their horses to travel - along the road as they please, the Commissioners of Police have recently issued instructions to all the con stables belonging to that force to summon every carter whom they may find asleep in his vehicle, or who is rid ing without reins, or acting in any way so as not to have the proper controul and management of his horses. The police have,. in consequence, been diligent in their endeavours to remedy the evil complained of, and at the last meeting of the Bench of Magistrates held at Croydon, Mr. M'Lcan, the superintendent of the 1' division, attended for the purpose of supporting a num ber of informations laid, under his directions, against different parties for infringing the law in the above re spect. Many of the cases were of a most aggravated character. The drivers, in some instances, were in beer-, shops drinking, while their vehicles were in the dark, straggling about the road in all directions, so that, according to the testimony adduced, if a carriage or any other vehicle had come up, a serious accident might have taken place. In other cases the drivers were found fast asleep in their carts, trusting entirely to the sagacity of their horses. The Bench inflicted fines in different amounts upon all the offenders; they at the same time ob3erved, that this offence was becoming a most serious evil, and in their own experience hardly a day elapsed without some accident occurring in consequence of it. They were determined to put a stop to it by inflict ing heavy fines upon all who were convicted of it; and they also said that the public were indebted to Mr. M‘Lean, the superintendent, for the pains he had taken in the matter. Some of the defendants having expressed their inability to pay the fines, were ordered to be committed for short periods to the House of Correction, and the Magistrates said they hoped this would be a warning to others, and prevent a recurrence of the offence. WANDSWORTH POLICE. Yesterday James Scott and James Parker, two labour ing men, were brought up on a warran t, harged with poaching upon an estate at Wimbledon, belonging to the Duke of Cambridge. Alfred Dann stated that he lived at Coomb, and was gamekeeper to his Royal Highness. On Monday after noon, about four o'clock, witness was going round Wim bledon-common, when he saw the prisoners, who were a head of him, enter an enclosed piece of ground called " The Round." He followed, and saw them beat about and search for game. He believed they were in pursuit of hares. When the prisoners saw witness they tried to hide themselves, and Scott went into a dense hawthorn to avoid him. Witness, upon getting nearer to Scott, s aw t h at h e had a short gun in his pocket ; it was a regular poacher's gun. The prisoners had no dogs. Scott said to witness, " You've met me at the wrong time of day." Neither of the prisoners had any game in their possession. Scott had a bag of shot besides the gun. Mr. PAYNTER said he had no doubt the prisoners were there for the purpose of poaching, and fined them 10s. each, and Is. costs, or in default to be committed for ten days. The prisoners were both committed. RUSSIAN AC ADEMY.—The Emperor of Russia addressed on the 27th October a rescript to the Minister of Public Instruction, announcing his Majesty's de termination that the Imperial Russian Academy shall be incorporated with the Russian Academy of Sciences, of which it shall form a distinct section, for the Russian language and literature. The two other sections of the Academy of Science are-1. Physics and Mathematics; 2. History and Philosophy.—J ourna l d e St. Petersboury, Nov. 13. The proof was accordingly adjourned, and Mr. Henry Roxby, of Lime-street, ship-broker, was chosen assignee. THE LAWS OF MASTER AND APPRENTICE.--The parish officers of St. Luke's appeared against Mr. Dunk ley, a watch spring maker, upon a summons to compel him to take back an apprentice bound by that parish. It was proved in evidence that the master had turned the boy out of doors, and refused to receive him when sent back by the officers. In answer to questions from the Lord Mayor, Mr. Dualey said that the boy was excessively idle, and that instead of having been turned out of doors, as represented, he had absconded, and upon returning was in so filthy a condition that he could not be received into the house, that he had upon many occasions grossly misconducted himself, and when taken before Mr. Bing ham, the Magistrate, at Worship-street, that gentleman said that if the indentures had been produced they should have been cancelled. The LORD MAYOR said he should remit the case to the decision of Mr. Bingham, by whom it had already been part heard. It was of great importance to the due administration of justice that there should not appear to be any struggle for jurisdiction between Magistrates at different offices, if masters had any reasonable ground of complaint against apprentices, they-had no right to take the law into their own hands by turning their ap prentices into the streets. It was their duty to summon the refractory apprentices before the Magistrate of the district in which they resided, and if the Magistrate deemed it right he might cancel the indentures. his Lordship advised Mr. Dunkley and the officers to take the case at once to Mr. Bingham ; for if the master should remove his domicile into the City, and again turn his apprentice into the street, the Magistrate at the Mansion-house would know how to deal with the case if brought thither to be decided upon, unless it should ap pear that in the meantime the master had made his com plaint in form, and procured the cancelling of the in dentures. The City Solicitor, who was present upon other busi ness, said he was glad to avail himself of that oppor tunity of reiterating the opinion given by him upon a former occasion, upon which opinion his Lordship had thought it right to act. He had received letters from Magistrates and their clerks at Bristol, Birmingham, and other places, commenting upon the advice which he had deemed it his duty to give to the Lord Mayor ; and he understood that Mr, Bingham, the Magistrate of Worship-street Police Court, had since pronounced' an opposite judgment. Ire then stated at length his opinion (at the same time quoting law authorities), that the Ma gistrates had jurisdiction whether a premium had been given or not. The LORD MAYOR said he entirely concurred in the opinion of the City Solicitor, and that although it was of great importance that the decision of Magistrates should be uniform, he had made up his mind to continue to enforce what he considered to be the law in all cases of refractory apprentices brought before him, whatever might be the practice in other places. HATTON-GARDEN. MORNING SUN LLOYDS' SHIPPING. LONDON, Nov. 25.—Wind this day at noon,A.Nr•if:thie DEAL „ Nov. 24. Wind N.W., light.— Galatea, Hamburgh fir Bahia ; Ivanhoe, We' t"rt' . Arrd. from the River, and sld., Canada, Hobart Tois: Mountstewart Elphinstone, Madras; Hebe, CeYkil; is: jestic, Bombay ; Bornhohn, Rio Janiero ; British 1 .'7 Demerara ; Nesbitt, Jamaica ; Ealing Grove, Damial%/,' Munster Lass, St. Martha ; Tyne, Honduras ; Bil l s , American, Mobil e ; Th a li a , Sierra Leone ; Bids, belle Ell e n, Ri ver G am bi a ; John Craig, Ai g t Bay, and the rest of the outward bound. a Z no' W LIVERPOOL, Nov. 24.—Wind W.N..—Arr — - e j, 'alai Sutherland, Eaton, ski. Sept. 2, from Nuwfoundial'a loaky, and with loss o f foretopmast and head; 'Mary : 1 Gondola, Smyrna. It i s feared that the brig whic h l a, down the Renown, hence to Ancona, Bth inst., ion. or also foundered. A rr d. off Roscius; brig Sop hia, Se .' Richmond , barque Heroine, and ship Parker. STANDGATE CREEK, Nov. 94.—Arrd. Jenny a ones, Tagauroz ; Brenda, OtksSa. • • Arr Su' PORTSMOUTH, NOV. 24..--Wind W.N.W . - -- - --- -1 to saline, London for• Gambia; Ditto Gothenburg, for 3'l- 011 y Aril!. ' 3 ' l ' Video ; Talins, Soderham, f'or Valparaiso. Ann and William:Spain. COWES, Nov. 24.—Arrd. Ocean Child, Shields f° :: Leghorn; Trapani, for Stavanger, with loss of 0, and has come into the harbour. The Mathilde, fl : , if !, Stockolm to Nantes, whi c h p u t i n h e re 20th inst. l'i` loss of bulwarks and sails, has come into theharbout• OFF DOVER, Nov. 23.—A r i a d ne , M`Leod. Uni cut ; Iris, Brown, Fay a l ; T a lk e , Smyrna for Ilaii"urp ato • Galli, Bowman, B a t av i a . - TORBAY, .Nov. 23.—Sid. Jamaica, Antigua; T il - t wall, Leghorn ; Tropic, Jamaica. „ grog FALNOCTII, Nov. 23.—N.N.W. to W•lC.` ; *lill and squally.— Sld. H.M.S. Ill ustr i ous , Halifax Irk- ' Van Dieman's Land ; Margaret, steamer, l'ig9. a ~.cirea • LOWESTOFFE, Nov. 24.—Up war ds of three "' a pe casks of tallow have been l an d e d a t thi s port, w n e" . marks as already reported. OP • for - Wh i BODE, Nov. 23.—A barque, apparently of fronl •te ; 400 tons, was seen yest er d a y standing in ho fell. mouth. When about fi ve m il es f rom ' the shore s " 7 over on her broadside and sunk. , t ., St'. LONDONDERRY, Nov. 15.—Arrd. the Prouert—f • John's, NeW Brunswick. 1, - Si' . CORK, Nov. 22.—Sid. th e Sh er b roo k, Savanntw; meon, for Barbadoes. :4 6ef ' lltru,, Nov. 24. The Op or t o P ac ket, of , 1 4as which was driv e n on s h ore d ur i ng t h e ga l e on . t he ; ' - er instant, is deeply i m b e dd e d i n the san d , an d it, ' s pected will become a total wreck. ~,,e otlf SCILLY, Nov. 23.—The S an J ose , b oun d to 13 11 - 0 1 ea lying at St. Mary's Pier under repairs, was fo i s :fter her beam ends in a squall on the 13 t h instant, but pad discharging part of h leer cargo, she got upri6''' ad alongside the Pier, m a ki ng a great deal of wa ter ' must be caulked. BRISTOL, ' Nov. 24.—A rrd. the Dart, from FaY 3l OOl O CLYDE, Nov. 23.—Arrd. the Margaret Wil kie ' Demerara. GOTHENBURGH LIGHTS. ho g ive°. The Board of Admiralty at Stockholm notice that : b'bite j f e c A light on th e i s l an d o f Wi nga w ill b e ex- i rs , pig the Ist of Novemb er , an d w ill bontinued ev e ' throughout the year. w ill al The lights on the Islands Buskar and Bott°, be f be shown on the Ist of 'November inst., blq;b e 1 5 "" continue only between the 15th of August ago of April, every year. LEGHORN. LIGHT. oct. 3t . ) ' Hydrographic-offi ce , Ad m i ra lty, g i ve n The Grand Ducal Gov ernment o f T uscan y notice, that the light of the port of Leghorn s.P'' in let . 40 d. 30 in. 41 s. N., and long 10d 17111.-d fr° l/1 which has hitherto been a fixed appe'l r ' ht , Al . the 15th of next December, as a - .7int ' ermittiug ' 1 , 5 ,f 0 , ternately red and white, each ' for an interval. - li t a seconds, and with intervening eclipses. The hel,gder it tbe . light being 154 feet above the sea, wi ll re in i g the ,s visible at the distance of 20 miles, and, ( 11 ! 1. , - , L ,ce eclipses, a faint light may be seen within the di s ` b — yal' nine miles, the total darkness not being complete -6 that distance. CORN AVERA Gild:.% , ,ot d GENERAL AVERAGE PRICES OFl3llll l . ,— , n ( l4ettgliai For the Week ended Nov. 19, 1841, made up from ti,... ff iall" the Inspectors ill the different Cities and Towns , in ...". 4 4 Wales, per Imperial Quarter . ..4v n .• 0. Wheat........ 15s. Ild. Oats 8ar1ey......... 335. 4d. i I Rya AVERAGES OF THE LAST SiX WICKES. WO, Wee( ending WHBAT. BARLEY.' OATS. RYE. I RBA' . ../.....,) ..._.._ .............. --.—..--....—.-....., 0 1 t 2 3i 3: 6 21 7 :id 3 1 3 * , " 5 9 3 .24 1.3 6' 31 5 21 8 35 0'•, -- 4 ~-; 9 64 5 31 7 22 9 39 0 4 0 ' 1 1 46 5 5 65 5 32 8 22 0 3 , 9 7 4. 1 - 1 41 3 12 Its IBIPERIAL AGGREGATE AVERAGES OF THE V I 3Uc. 9 ,.., 4 Wheat 64s. Bd. 1 Oats ..........225. Id.l B e ans ..... ..- 04 I , Barley, 32s 4d, 1 Rye 383 6d. Pea5e....... 0 11 ' DUTIES OW FOREIGN CORN. Wheat... ...... '2:7s. 8(1. 1 Oats Barley l3s. led. 1 Rye 6 91.1 r8eea5an::::..........117. e_ii, Oct. 15.. 6)9 THE MARKETS.—YESTEIw COLONIAL MARKET. in p There was little business done, and variation took place. For Raw Sugar the dcula,_ c or The iniP° r " active, and prices still advancing. tinue light. WIIITECHAPEL HAY MARKET' tr oDi i ." The supply of Hay and Clover was good the "`"„- very raik,, mud, prices without alteration. Uf Str'" 3 " supply was moderate, and the trade good. Clover,. 51. ;„ Hay, 21. to dl. 10s. ; Straw, IL 12s. to lt ' . - TEA MARKET. rites 0140,101 There was a fair demand for Free Trade Telti sl full - rates .were paid. Company's Congou warau— ls. 91d. cash. TALLOW MARKET. The Market was firm, and the demand good. On the spot and for delivery up to the end of th 47s 3d to 47s Cd per cwt., OIL MARKET. a dOii • The demand w a s goo d, an d pr i ces firm. Lill 38s per cwt., Olive Oil 77i. to 81i. per tau. COUNTRY CORN MARKET!:„..-- -1----''',4:3 C. Ile 11 , . I Wheat. I , Barley. 1 Oats. I ..- 2 " . °. ---.----1......-- ......—__ __....:_,....................!................" 4 •I' OI Per Quarter. 5. to s. s. to s. e. to s. ' a . to a t k t 0 40 Boston ~,, 55 74 22 38 18 22 35 qlq .. i 5,, Itrainti ec 52 70 27 34 23 29 Si 7,, 4 , 5 6 13 ighton 65 75 31 39 23 27 37 '', A l ~.1, 4 0 Cambridge — r 5 Si of -- 7, - . 1' o' Chichester 62 70 30 1:,8 24 26 44 Ai — .3 ... Dunmow Ol 65 32 39 21 27 31 . 7 " : - - Grantham ~., 6U 73' 28 31 22 28 36 'a . , • 7, Grimsby 56 74 '2B ' 33. Ifs 21 3 6 2' Hailaham 66 72 33 33 22 23 33 ''", --- 55 Hitchin 5O 73 20 34 22 30 34 '`" 1 ,1 5 4 Ipswich 60 67 28 :- 2 21 26 33 s"" N'' 0 Lewes 6O 70 34 37 21 22 34 jA 5 4 ,: Lynn 5.8 66 26 34 20 26 40 ''" 4O Maidstone 59 76 36 39 26 32 38 40 o s 4 4 Norwich Petwot th Romford 6O '74 28 33 21 32 30 44 9' il Sandwich 62 71 30 34 26 30 35 q 4 143 VI 56 Tnettord 62 70 33 37 21 24 36 7 3 ::.t 4 0 Wiabech Witham 162 76 28 35 24 21 32 t 4 O Vartnouth GO 74 30 32 24 30 38 _Ol LiVERPOOL CORN M 'ARKET __Nov. 23 . lu' if . 10 g, ,1 . WHEAT, English, White, per 701 b..•„ 0 „ --....L.--- Red '0 0 0 ; Scotch, Wrich, and Man x 7 9 1 ----- Irish, Whit ,, o 7 0 10 -- “--- Red Foreign -- OATS, English. Welsh, and Scotch, p er 451 b 2 9 3 0 Irish .. .. '" ** ~ e 40 6 Foreign BARLEY, English, Malting, per Imp. quarter. 4 I Scotch and Irish, pct 60Ibs. 4 4 2 13 -- Feeding I BEANS, English, per Imperial qu ar t e r 44 0 0 1 p Irish, Ike. Foreign 43 ~ p a 11, 0 Fo reign ASE ,';' PE, English, per Iniierial quarter 43 43 " ) 1 0 ~. iloua, English, per ‘2.6Ulb. Irish P u i ,ng p -..--- Ammar., English and Irish, per 24mb, „27 6 40 0 INDIAN Coax, per 4801 b. a RYE, per Iniperial quarter MALT, per I mperiai quarter ........"' r" iii ,„ - .............................._ _ ...........,,,.......=.......!..._ "--,---- PATENT LEVER hell WATCHES...'"Thi a brated construction (the most accurate on which Vra ,Th IPO be made) is now offered at th e f o ll ow i ng pr i ces , With el° improvements, i. e. the d etac h e d escapement, jewelled holes, hand to ma r k th e secon d s, and maintaining P"el time going while wi n di ng up. 4 1 0 Or , , re aO. I :J 40 • 59 4k l • 5• 4 With double - bottom s e i rc l a r s ' es C , A Cl E pp S. ed ......... £ 6 6 . ° f With hunting ca ses , ca p pe d 6 1 6 GOLD CASES. ,Q Size for Ladies, with e l egan t go ld di a 1.....£12 0 Ditto, in double.backed cases.. 14 Size for Gentlemen, enamelled dial l3 1 " . 0 Ditto, extra full size, capped l7 1 yarl 001 A pamphlet, containing observations respecting 1 constructions on which W a t c he s a re made, with ths l of 4 i d in gold and silver ca ses , an d a var i e ty of•skotches of r ! signs, which have ju s t b een comp l e t e d in gold Clia i r e ' r to sent, gratis and postage f ree , on app li ca ti on by let do' Cox Savory, Watchmaker, 47, Cornhill, London, 01 from Gracechurch-street. BRTHS. $ I'oo l ' 6 ° ~,, On the 22d inst. I , at Brighton, the wife of charle irs s s a ''. Esq., of a daughter. On the 22d inst., the wif e o f M r. W. H. Davis' . road, North Brixton, of a son. .ht, '' t.' ' On the 22d inst., at Lei ces t er , t h e l a d y o f J. K° ' & of a daughter. the ladi On the 22d inst., at Fvfield R ec t ory near Andove r' of the Rev. G. W. Smyth, of a daughter. lirL J• On the 23d inst., a t P onder ' s-end, near En-field' Clark, of a son. On the 20th inst., at MARRIRD.St. 11ark's 1( . liams, Esq., of Enfield, to Emma, Youngest daugh ter , WY' . Rennin top' J . S i., 13 ' ' O' ' Jennings, Esq., of Brixton. „ „ of 1, _ ye O i n the 23d inst., at With yam C. Freeth, jun. , °l;ter 01 j. be T c u lc i - n st e r r e i e E t , s C g. tven of d l i v sh it - h 7 a u m ar , e, s t u ' o s A se n x n . a Elizabet.hk, , d a : r. 0; A. Parker, 0n the 22d inst., at High-street Chapel, Wangle _a rb of Birmingham , to Caroline, second daught er . Rev. W. Field, ot Leant. 1111 1' Oli the 23d init., at St. John's, Hackney, S. - • 3lerr of ' Esq., of Austinfriars, to Esther Reed, second daughter Bove_ n, Esq., of Clapton. DIED. °f j‘ Lucy , On the 20 t h inst. , in Albion-street, the Wi fe Williams, Esq., barr ister-at-law. sae I of . On the 20th i ns t., a t S trea th am , C a therine, b' e I Foss, Esq. i Ar eske. On the 21st i ns t., a t Q ueen - s t re et, Cheapside, 3--l-" Ems' of St* On the 21st i ns t., a t S y d en h am , J. Rivingto n, f the Paul's Churchy ar d, age d tit. Ist2. e 0 On the 21st inst., i n Piccadilly, J. Buck, Esq ., W On the 21st ar-office, age in d gS. te E sq '' st., Martha, the wife of F. Wontige ' of Peres Hall, Tonbridge, Kent. , te hes On the 19th inst., at Cobham, Surree,Mrs. Bosettlin;tow, widow of the late E. Hughes , _ Esq., of Tyndale-place, i r iict 0 ! On the 20th inst., at Great Yarmouth, Louisa , d fo rte Lieutenant Colonel Dickens, of the Royal Engineers, enerebste, daughter of the late Thomas Smyth, Esq., of list 11 eph in the same county. . itb Jos On the 20th inst., at Portland-place, Hamme rs-- ' Mathers Gilbert, Esq. .. , London : Printed and Published by MURDO " g „. a ptiti — No. 112, Strand, at The Sun ()Mee, No. 11... 184 1. the County of Miedlesex, Friday, November 0,