The Sun. — London, England, 1828-11-15 00:00:00

had the inischievona effect in all Catholic eountries, • for a leag period, of strengthening the hands of those who were opposed to improvement, and of intimidating those who were favourable, by enabling the former to represent all attempts at improvement as a defection to Protestantism. It is also said, that the Reformation has in most countries favoured ar bitrary power, the Sovereigns generally having civil invested with the ecclesiastical as well as su premacy ; and that the standing a rmies, which h a d their origin in the struggle to which it led, ren dered all the previous checks of power illusory. —A great deal may be said on this subject, and it is one on which a hasty judgment ought not to be passed. It is a subject, howe ver , w hi c h i s seldom fairly discussed in this cou n t r y e i t h er by Protestants or Catholics. To the shelter afforded by religious houses, in the turbulence of the middle ages, we are indebted for the transmission of the knowledge of antiquity to our times. Again, to the temporal as well as spi r it ua l s uprema c y, asser t e d by the Pope in the middle ages over the Sovereigns of the West, we are indebted for the preservation of this part of the world from the evils which af flicted the East. When the Sovereigns had ob tained a mastery over their feudal Barons, and towns and civilisation gave them strength and security, they soon resisted the Pope, and limited his supre macy to spiritual matters. When - Protestants, how ever, talk in a vague and indiscriminate manner of the abuses and corruptions introduced into religion by the Roman Church, they forget that what may now be unnecessary, was suitable to the wants of another age. But while we dislike the sectarian and narrow spirit in which Protestants speak of the Catholics, we dislike equally the mode in which Mr. O'Connell meets them. Genoa, Florence, and Lucca were Republics, and SOuth America is Repub. lieu', while Holland has degenerated into a Stadthol dership ! What heaping there is here! Is there a man who would for a moment think of comparing the orderly Government of the Dutch, under the Stadtholder, with the turbulent towns of Italy, sometimes held by a Democracy, sometimes by an Aristocracy, sometimes by Tyrants ; or the anarchy of South America, where neither law nor order is known ? Holland obtained its independence under the House of Orange, and the . United Provinces were a federation of Republics, differing in govern ment from each other; and it mattered hardly any thing, as far as the privileges of the people were concerned, whether there was a Stadtholder or not. Sweden, and Prussia, and Denmark, were free till the Reformation ! What is freedom ? Sweden had the misfortune of possessing a vile and corrupt Aris tocracy. always in the pay of Foreign Governments, and its history has been a constant struggle between the King and the Nobles with various success. Den mark was cursed in like manner by an Aristocracy, which drove the people to seek for security by union with the Sovereign against the•Noblei. Prussia is an agglomeration of States, and-from its position it has become a great militarrpowers . 'The people are better governed than ever they were; indeed, the Prussian Government has always . been one of the most anxious in Europe to avail itself of the aid of knowledge : an Electorate was erected into a King dom ; and if this change of title be a loss of liberty, so far so good. Mr. O'Connell confounds, under the vague name of free, all sorts of Governments, with out specifying the nature and extent of the freedom, and the adequacy of the institutions to protect the peeple. Poland called itself a free Republic because the nobles were free to do ill ; the King was not free to do good, and the people were slaves. So much for this slashing way of treating Governments and Nations. Mr. Shell had stated on renenden Heath, that " all the forms of religion have perse cuted in their turn ; why then should the Church of Rome be singled out as a persecuting body ?" This is very true ; but a Correspondent of the Scotsman is quite indignant that the Scotch Presbyterians should be singled out, because, forseoth, they had a Smithfield or a St. Bartholomew. We are glad to find the Scotch ashamed of persecution, but we would remind them that shedding of blood and burning are not the only persecutions. The Scotch , Presbyterians, as well as all other Protestants, con secrated the principle of intolerance, both with regard to Episcopalians and Catholics, mud the laws l h argainst Papists were of dreadful severity. T o t h e Scotch, too, attaches the disgrace, that when it was proposed to repeal some of the most revolting of the laws against the Catho lics, at a :time when fanaticism had in almost every other eaudtrY given way to milder feelings, they rallied generally under the banners of intole rance. We know that the Scotch of the present day are more liberal, and we are willing to make allowances for those of the last generation ; but they ought at the same time fo make allowance for the Catholics of former n(ZP , '. The correspondent of the Scotsman says, " The Magistrates of Geneva (for Calvin exerted himself :ssainst the . sm execution) as did not punish Servetus for oppof.a4Z Calvinism Presbyterianism : they only joined the Romanists in putting down a common enemy." A line ex cuse, if it were true ; but the writer knows noth in g of the transaction. Calvin, in a let:er in French, to the Marquis du Pret, Grand Chamberlain of Na varre, dated Geneva, 14th September, 1561, incites him to proceed with great severity against Catholic Priests Above all," lie says, " rid the country of those zealous knaves, who exhort the people by their discourses to oppose us, blacken our conduct, and wish to make ocr creed pass for a reverie.-- Such monsters ought to be stifled (etorffes), as I did here in the execution qf Miiliacl Servetus, the Spaniard.". Calvin would not have thanked any one for apologising for him in the modern way.— . .A/mai:lig Chronicle. The reason, we understand, fur detaining the Z.isboU packet is for the purpose of conveying a more etCient agent to protect the interests of Bri tish trade hi Fortugal than is f oun d in the person of the present resid en t Consul. Th e . f act which we the Tagus, F re nch fleet bein g i n communicated of a merely to encourage tl . l - siziuggi,in,g of French „ mum _ gcleraDie uneasin ess h ere. factures, has caused con s. Lord Aberdeen is aware that aleon bin) is. cast the responsibility of protecting our itifilt6t* in forei gn , markets, and especially in those v.-here the prefer ence we have over other nations is thus ougbt to be invaded by the interference of a Fren:b naval force. It is plain that their fleet can have no business in the Tagus but to forward private speculations and injure British commerce. It is also said that the Noble Secretary for Foreign Affairs has reason to be dissati:died with the nature of the official information with which be has recently been fur nished. The grossest misrepresentations relative to the affairs of Portugal have been forwarded to this country. Arsny of the political agents resident in Lisbon have been so much identified with the con stitutional system, that they really cannot divest themselv es of their prejudices, or write impartially on passing events. Better information is necessary, and hence the appointment to which we allude. We have also heard that a correspondence of a very animated nature has, within the last few days, been carried on between the Count Itabayana and his Grace the Duke of Wellington, th e result of which has settled the destiny of the young Princess Donna da Gloria, and calmed the lofty ambition of the Marquis Pal. Melia. The refusal, on the part of his Grace, to re ceive the remonstrances of the 4)i-Ambassador, is decisive on thin point.- 3 lnrning J9urned. The intense interest which has been excited by the Russian invasion of Turkey, has prevented us for some tinge past from py i ng that attention to what may properly be termed the internal affa i rs o f other States which their importati2e would : h ave warranted. In particular, we have bad but little opportunity of reporting, except incidentally and disjointedly, the progress of our Gallic neighbours in the improvements which the present Ministry eeems so zealous in effecting. They have been far, however, from being idle; and other Governments , though not more dependent on the influence of public opinion for their stability, might safely enough take a lesson (torn that of. Charles X. in zeal and activity. The journey of M. Hyde de Neuville to inspect the dock-yards of France we noticed some time rzo.; and along with the im provements which he is carrying into effect in the marine department, others of a much more exten sive character are in progress in the military. A Commission has also teen appointed by M. St. Cricq, the Minister of Trade, to take into conside ration the diffetent branches of Freneh industry, with the view-of effecting a general reform in the imposts which apply to them ; and deputations have been appointed from all the great manufactui ing and com mercial towns in France to lay such information be fore the Commission as may enable it to come to a proper decision. A reform of the system of Educa tion, which has hitherto prevailed in France, is also in progress, and a Commission appointed to report upon the subject. Among those who compose it are to be found the most celebrated names in France ; and the object to which they are particularly called on to direct their at tention, is the means of simplifying and abridging the method of studying the Greek and Latin languages; with the view of facilitating their acquisition. The commission appears to have been chosen with rather more deference to the spirit of party, and a wish to conciliate, than is quite agree able to the Ultra Liberals; but sanguine hopes are, nevertheless, entertained that many valuable improve ments in the present system of education will take place. A new spirit, in fact, is abroad in France-- popular opinion exercises in it almost as great an in fluence as in this country; and we question not that, if the present upright and liberal Ministers, to whom the Government of France is intrusted, con tinue in power for a few years longer, she will make more rapid strides in all the useful arts and sciences than any other country has done in the same space of time.— Morning Advertiser. POLICE INTELLIGENCE. MANSION-HOUSE. A man named Arthur Murphy was brought be fore the LORD MAYOR, charged with having at tempted to commit a fraud upon the house of Messrs. Calvert and Co. under somewhat odd circumstances: It is usual at brewhouses, when an order is brought down from any customer, to give the bearer of the message a lunch at the neighbouring tap. The prisoner was aware of this hospitable regulation, and feeling disposed to avail himself of it, walked down to the brewhouse, and ordered that several barrels of beer should be sent off forthwith to the King's Head public-house, in Duke's -court, Bow-street. He was received with great kindness, and presented with a ticket for the customary refreshment. It happened, however, that the collecting clerk who includes the public-house in question in his rounds, heard of the order, and, knowing that the beer could not be required, ran over to the tap just in time to prevent the prisoner from di-posing of the plentiful stock of bread and cheese and ale set before kim. It was soon ascertained beyond question that the falsehood was told for the purpose of obtaining the meal. Upon the prisoner's porsen was found a paper, of which the following is a copy In aid of the funeral expences for the burial of that worthy indi vidual, Arthur Murphy, who was so much beloved by his friends and the public, we, the above gentle: men, hereunto subscribe :—Meux's Horseshoe brew house, Mr. Richard Latham, 2/. ; Mr. James Keane, 11.; Mr. T. Anna, 11.; and Mr. Edward 11., a promise." Itappeared from this document and some further inquiry, that. Mr. Murphy had persuaded the gentle men of Meux's brewhouse and some other persons to believe that he had died of a broken heart, and that he contrived to live pretty comfortably by spread. ing the report of his death. Indeed, his appearance rendered him a very fit messenger from the regions of the grim tyrant. Some correspondence was also found upon him, which intimated that he had been levying contributions for sometime upon the humane and credelous by different versions of distress. As the prisoner had not succeeded in obtaining what is called at brewhouses " the grub and bub, he was discharged. The LORD MAYOR advised him to desist from such courses, and assured him that, if he had sue. ceeded, he certainly should have been punished. It appears that the practice of careying about false orders to breweries is a very frequent one. Upon one occasion a great house sent 20 barrels of beer to a distance of four miles, at the command of a person of Murphy's character, who " grubbed and . tubbed" at the brewer's expellee. It is needless to say that the whole quantity was returned. GUILDHALL. Early in the present week, a complaint was made at this justice-room to Sir PETER LAURIE, against the party of Dragoons which joined in the Lord Mayor's procession. In returning through Fleet street, it was said, they broke out of the line of car riages going to the west, and while proceeding up the wrong side of the street, they met the string of Judges' carriages going to Guildhall ; and, not being able to break into the line on their proper side, they rode their horses along the footway to the dismay and inconvenience of the passengers, who took refuge in the shops and among the carriages. Yesterday Mr. Alderman ANSLEY took occasion to bear testimony to the excellent conduct of these soldiers, and to express his regret that the complaint of " some violent demagogue, acoffee-shop-keeper," has found ite way to the public, as it was calculated to do injury to the service. He was sitting in a car riage next behind Mr. Peel's at that part of the street where the military crossed over the footway, there being no other resource under the circumstances; and he must say they did it in a very quiet, orderly, cautious manner, and in single file, so as to cause the least inconvenience to the public. More sober or better behaved men he never saw in his life. The stoppage, which was occasioned by a timber-carriage getting foul of a post, detained him in Fleet-street an hour and three quarters. # 4 ,# What business had - the . dragoons in the city at all? BOW-STREET. Yesterday being appointed for rehearing the case in which Mrs. Broadwood, of Oxenden-street, was iltharged with cruel usage towards her husband's ap- Prentice, Mary Ann Morgan, the complainant, ac compai4d by Mrs. Duncan and several friends, ap pezed before 111 r. MINSHULL, the sitting Magistrate. Mr. I % ,".4zigiut.i., ;shed if Mrs. Broadwood were present ? Ni r . Browlwoo4 replied that she was confined to her b et :ll/rough illness, in proof of which he banded to the M ag i s i:etc.a medical certificate. Mr. Mtssnut.t. th en sa i d, t i li t . the pariah authori ties who had apprenticed the complait!."it had sent to acquaint him that Mr. Broadwood, on recoide" ation, was willing to forego his claim to the coni- ; plainant, and to assign over her indenture. Mrs. Duncan —l have a witness present, your Worship, to prove otheeacts of cruelty practised to- wards the complainant by Mrs. Broadwood. Mr. MiNsetuLL—Perhaps the matter had better rest where it is• added Mrs. Duncan, " I can prove as you say, any thing out rageousact's' ofß utth, mosteSir,'' Mr. MINS HULL—If; h • been done, as I must of . course hear you; outrageous description;' prefeiredmthe presence. of but the charge must be indict Per at the Mrs. Broadwood. You can Sessions. - I will; it would b e Mrs. Duncan Most certainly i shed• po _ too bad that a person guilty of suc h conduct towards — an orphan child should not be Mr. MJNSHULL said respectable wood's security, with that of tutottiet res be would take P dwood , Mr. Broad housekeeper, for the appearance of Mrs. Broadwood at the Sessions, to answer any charge that may be preferred against her. Mr. Broadwood---I am quite agreeable; or • if the 1 friencjs of the girl would prefer it, I am now willing to make I t ßy 11) , fair compensation. Mrs.:Duncan replied, that no satisfaction of the kind would be accepted. Mr. MlNstium. observed that Mr. Broadwood had acted very well. The parties then retired. 1 James King was charged with robbing his em ployers, Means. Abbott and Bradley, solicitors, in Furnival's Inn, of three 51. Bank of England notes. It appeared from the evidence of Mr. Abbott, that the prisoner had entered his service and that of Mr. Bradley.only a week ago, when they discovered last Tuesday that the drawer of their conducting clerk had been broken open, and three 54 notes stolen from it. Suspicion immediately attached to the prisoner, from the circumstance of his not coming to business on Wednesday morning, He was soon after taken into custody, and this morn ing, before he was placed at the bar, he acknow ledged to him (Mr: Abbott) that he had stolen the money, but begged to be fOrgiven,_saying he would give security for it. The prisoner was remanded, in order to afford time to trace the notes. 111 4 Causland, Mayes, and Cleaveland, the three men who were charged on suspicion of having stolen property to a considerable amount from the cham bers of Mr. Gough and Mr. Lawrence, situate at No. 2, Lincoln's-Inn-fields, were brought forward for a re-examination. The evidence taken on Tuesday was again read over, and Fagan the officer having been asked if he had any additional proof to advance against the pri soners, replied in the negative. A pair of gloves, however, which he found upon the person of Mayes, were identified by Mr. Gough as a pair whclt he had given the week before to the prisoner M'Caus land, who was then in his service. Sir R. BIRNIE observed that that fact proved a connexion between the two prisoners. A medical gentleman, residing in Blackmore street, Clare-market, came forward and said he was prepared to prove an alibi on behalf of the young man at the bar, William Cleaveland, who was his servant. He believed him to be wholly innocent of any participation in the robbery. He was at his house from seven until nine o'clock on Sunday night, and after that hour, his time up to eleven o'clock, would be accounted for by other witne i sses. The facts stated having been satisfactorily proved, Sir R. BIRNIE immediately ordered the lad Cleave land to be discharged, and told him that he left the office without the slightest blemish on his character. The lad, on leaving the bar, was so much affected at his situation, that he burst into tears. • The prisoner Mayes, against whom there was no direct evidence to connect him with the robbery, was ordered to be 'detained, he being a well-known thief; and M'Causland, against whom the case is fully established, was fully committed to prison. MARLBOROUGH-STREET. Yesterday Mr. Burt, a solicitor, residing at No. 19, Carmarthen -street, Fitzroy-square, came to this office,. and, addressing Mr. CONANT, the sittina. Magistrate, said that he called in consequence of some severe observations respecting him, as made by Mr. Conant, the Magistrate, which had appeared in the Times newspaper, arising out of the exami nation of a man named Bell, who was in custody on suspicion of having been concerned in some robbe ries at the house of Lord Hartland. It appeared, Mr. Burt said, that this man Bell had stated that he, Mr. Burt, had advised him not to give any in formation to the Magistrate, or not to answer any questions respecting a man named Burn, who was sought after as strongly suspected to have been also implicated in these robberies. " Now," said Mr. Burt, very properly, "had I been capable of giving such advice as this attributed to me in a case of fe lony, I should have richly deserved the severe cen sure of the Magistrate ; but I assure you, Sir, I did no such thing, and such an assertion on the part of Bell is utterly false. Indeed, so far would I be from giving such advice, that I would be most anxious to forward the ends of justice on such an occasion, by advising the man to tell all he knew about the matter; but, in truth, I gave him no ad vice upon the subject farther than this :—Bell was employed by me for two or three days during the illness of my own servant, and he mentioned t ante thing about his having been inquired after on the sub ject of a robbery at Lord Hartland's house, of which he declared his total ignorance and entire innocence, and I at once advised him to go forward then and meet the charge at once like an hottest man, and not to give himself an appearance of guilt by keeping Out of the way ; and in consequence of this advice, he (Mr. Burt) believed the man came and gave himself up at this olhee. This, (said Mr. Burt), is all I know or ever did know abbut Bell, and is certainly the only advice, legal or otherwise, I ever gave him, and I trust, Sir, you will give me credit for the truth of my assertion. .Mr. CONANT said, that in consequence of the very extraordinary advice which Bell had represented Mr. Burt to have given, he (Mr. Conant) most certainly did make the observations as they appeared in the newspaper, but he was now quite ready to believe that Bell had asserted that which was untrue ; and from the very fair and candid manner in which Mr. Burt had expressed,: and the gentlemanly way in which he deported himself, he (Mr. Conant) felt satisfied that the observations he had made were not justly applicable to Mr. Burt. Mr. Bert said, that he hoped the reporter for the Times Journal would do him the justice to express . the Magistrate's altered opinion upon the subject. Mr. CONANT said, there was little doubt but that Would be done. Mr. Burt then thanked the Magistrate, and with drew. An elderly female, named Elizabeth Murphy, of respectable appearance, was brought to the office in custody of Valentine, the officer, charged with a series of robberies an:l frauds upon Mr. Verrey, the Swiss confectioner, in Regent-street, whose recent calamity has excited such general sympathy. It ap pears that, during the lifetime of the young female to whose death we have alluded, the prisoner was very confidentially employed in the house, and occa sionally gave her assistance, too, in the shop before Miss Verrey became sufficiently acquainted with the English language to converse with the English cus tomers. For some time before the unfortunate death of Miss Verrey, she had from time to time missed various articles of her wearing apparel, such as silk-stockings, gowns, under-garments, &c. ; but the innocent and kind-hearted young creature always preferred submitting in silence to these deductions from her wardrobe, rather than, by making them known to her father, hazard an injury to any body else, although it was clear that she was almost every other day plundered of some little article or other of dress by some one in the house ; and in com municating her losses to a young female compa nion, with an injunction to say nothing about them, her observation always was, " Oh, never mind, the loss is not much ; I can do without them. God will give me more, if I deserve them." During Miss Verrey's life-time, therefore, no discovery of perpetrator of these thefts was either made or atte mpted ; but after her death, another young fe male acquainted with the confectionary business was taken into the house, and, very quickly this young fenw.le, too, began to miss articles of her dress, and in the end *Mr. Verrey, having strong suspicions of the prisoner's dishonesty, discharged her from the house altogether, and so would have let the matter rest had be not subsequently discovered that the prisoner had gone since her discharge to several tradespeople in the neighbourhood, who knew that she was in Mr. Verrey's service, and obtained goods of different kinds in his name without paying for them. ValentiDe, the officer, on apprehending the pri soner, searched' her, and found on her person uo less ;hen 74 pawnbro - kers? triplicates for a variety of property, including many artieleiof female dress, such as silk stoc ki ngs , &c., which she acktioWledged she had stolen from The poor Miss Verrey. , prisoner had nothing to urge in her defence, Owl was remanded until the pawnbrokers can pro duce the stolen property pledged with them. Mr. CoNANT, in a very kind manner, questioned Mr. Verrey as to his health, and hoped that his business was prosperous, which be (Mr. Conant) was sure was the wish of every humane and respect able person who had heard of his calamity. Mr. Verrey thanked the Magistrate, and with the tear starting in the poor man's eye, said that his busines; was going on very well ; he had experienced a great deai of kindness and encouragement since the loss of his child, and his heulth was as good, thank God, as under such a bereavement he could expect it to be. UNION-HALL. On Wednesday se'nnight Mr. Bond, junior, of Clapham-common, was charged before Mr. CHAM BERS, by the Honorary Secretary of the Society. for the Prevention of Cruelty to Animals, with having driven a horse to death, which complainant and se veral other persons stated had been witnessed by many of the neighbours. Mr. Bond admitted having struck the horse re peatedly before it fell, and that on opening the body, the heart was found ruptured. But as the blows were not given before complainant, and the Magistrate was 'unwilling to convict on the defend ant's own confession, although directed by the Statute, and pointed out by the Honorary Secre tary, he dismissed the case. LAW INTELLIGENCE. VICE-CHANCELLOR'S COURT, Nov. 14. DAVIS V. MORGAN. Mr. LOVAT in this cause had to move his Honour that the defendant should pay the sum of 700/. into Court. The defendant was the administrator of a Mr. Gillibrand, a calico-printer at Castlelton, who died insolvent. His business was carried on for some time after his decease, and the sum of 700/. thereby realized, which sum the defendant admitted by his answer to be in his hands. Mr. BACON opposed the motion, and contended that the creditors by whom this bill was filed had no claim upon the sum which it was the object of the present motion to have paid into Court. The VICE-CHANCELLOR thought the money ought to be paid into Court. This would be merely chang ing the custody of the money, and would prejudice the claim of no party. REID AND OTHERS V. MILLIDGF. AND OTHERS. Mr. SUDDEN said that this was a case in which a publican, named Nokes, being largely indebted to Messrs. Reid and Co., brewers, and Messrs. Curry, distillers, had deposited the lease of his house in their hands. Nokes became a bankrupt, and the assignees, notwithstanding notice given them of this deposit, had sold the house and the licences.— Ho had therefore to move his Honour, that the li cences be given up, a receiver appointed, and a new sale ordered. The VICE-CHANCELLOR could not refuse the motion. BRUNEL V. THE LORDS OF THE TREASURY. This cause arose out of the sale of York House. The Lords of the Treasury had made advances to the late Duke of York for the expence of building York House, and taken a security on the building. On the death of the Duke of York they had pur chased the house of the executors of the deceased for 81,0001., and afterwards sold it to the Marquis of Stafford. Mr. Brunel, a builder, and other cre ditors, had filed a bill of discovery, in order to as certain the nature of the contract between the Duke of York and the Lords of the Treasury, by which it was alleged that the latter had engaged to pay the bills of the workmen. To part of this hill an answer, and to part of it, also, a demurrer, had been put iu by the defendants. The ATTORNEY-GENERAL (with whom was Mr. Wray), now moved that the demurrer might be withdrawn, and a general demurrer to the whole bill put in. Mr. SUGDEN (with whom were Messrs. Bicker steth and Spence), contended that it would be con trary to the practice of the Court to grant such an application. The motion was refused, with costs. COURT OF KING'S BENCILNov. 14. THE KING V. WII. HENRY HALPIN. Mr. CAMPBELL (with Whom were Mr. Seijeant Ludlow and Mr. C. Phillips) prayed the judgment of the Court upon 'the defendant, who bad been convicted at the last Gloucester Assizes of a libel re flecting on the character of the prosecutor, Samuel Young Griffith, the proprietor of the Cheltenham C'hroniele. After the report of the trial had been read, the defendant's counsel (Mr. Cnrwood and Mr. Busby) put in several affidavits in mitigation of punishment. The first was the affidavit of a person named Miles Watkins, and the object seemed to be to show that some of the statements contained in the pamphlet, charged as libelous, were true. Before the whole was read, Mr. CAMPBELL objected that it ought not to be received. A long discussion then took place upon the ques tion whether or not the affidavit was receivable. Lord TENTERDEN, in the first instance, was in clined to think that it was receivable.; but his Lord ship afterwards yielded to the opinion of Mr..lnstiee Bayley, who laid down as the general rule, that if a party stated that at the time of publishing a libel he conscientiously believed the matters which he stated were true, he might be permitted, in mitigation of punishment, to set forth the grounds of his belief; but he was not at liberty to introduce affidavits of other persons to depose to facts in support of the statements in the libel, which the author of the libel was unacquainted with at the time he wrote it. - The Court ultimately directed the case to stand over, in order to give the defendant's Counsel an opportunity of considering whether they would per sist in presenting the affidavit to the Court, or with draw it. At present, their Lordships would not express any decided opinion upon the question whether the affidavit was receivable. THE KING V. THWAIrES AND OTHERS. Sir J. SCARLETT showed cause against a r ule ob tained last term by the Solicitor-General, calling on the defendants, the proprietors of the Morning, Herald newspaper, to show cause why a criminal in formation should not be exhibited against them for a libel on Psi. Rocafuerte, the Mexican Minister. The Learned Counsel stated that the alleged libel was contained in a long article under the head of" City" in the Morning Herald of the 12th of May last. The only part of that article with which he need trouble the Court was the following :—" What a man's ob ject could be in sending such an advertisement to the public papers, and then suffering his name to be made use of to contradict its contents, it is not dif ficult to imagine. Some people affect to be asto nished at a Minister of a foreign state acting in the way that this Viscount de Itabayana, Minister Ple nipotentiary of his Imperial Majesty the Em peror of Brazil, has done ; but for our parts, when we recollect the exploits of Hurtado, Rocafuerte, and others of the representatives of the new States, we cannot be surprised at any thing which a South American Minister may do. The swindle—for we can call it by no other name—is still going on in the Portuguese bonds. In the early part of the day they were suffered to im prove a little, when certain persons began to sell on the strength of something which was to appear in' an evening paper, in the shape of an official an nouncement of the non-payment of the dividends." The rule had been obtained on the affidavit of M. Rocafuerte, which stated " that he had never, in his character of Minister, published or put forth any advertisement or statement whatever for his own private purpose; Ppotrhelrlagdharhtize,teiri: publishedchae r or character r put of forth any false or f rau d u l ent a d vertisern pr state... a Minister, or in any ment whatsoever, or made any wilful misrepresentt.- tion of any kind." Now the Court would observe how very cautiously M. Rocafuerte had sworn; lie oi4 not deny that lie had not pat forth any advertise- Meat pr statement ; he merely stated that he had for his own private purpose;" but surely Cattd our a right to expect an affidavit, i l o e t . l rtoie merelylne so denying that no eitle statement or wilful misrepresentation had been made for any private views of the party, but that none had been made by him on account, or for the profit, of any friends or connexions of his, and that be had beep engaged in no speculations in • the funds connected with the Mexican loan; and further, that he had never intended that any thing he published to the world should have the effect of influencing the public market. But admitting the article complained of to be libellous, he (Sir James Scarlett) should contend that the party applying was not, under the circum stances disclosed by the affidavits made in opposition to the rule, entitled to the extraordinary interposi tion of the Court, but must, if he wished to appear in the character of a prosecutor, have recourse to the ordinary remedy by indictment or civil action. By the affidavits filed on the part of the defendants, it appeared that .the Government of Mexico had con tracted with this country a loan of six millions on a solemn pledge that the dividends should be faithfully paid. It turned out, however, that three or four di vidends only had been paid out of a reserved capital in the hands of the agents of the Mexican Govern ment; and towards the fall of last year rumours were afloat on the Exchange that the next divi dends would not be paid, and the truth of those rumours was verified by an advertisement, dated the 14th of September, 1827, which appeared in the Times Newspaper, under the signature of Mr. Rocafuerte. The . consequence of this was, that the bonds, which, on the rumours first getting abroad, had fallen from 72 to 75, underwent a further de preciation, having immediately fallen to 44. Shortly afterwards recourse was had to an expedient to raise the value of the bonds, and, accordingly, on the 12th of October, a public announcement was made to the effect that 500,000 dollars would be sent over to England in the first ship of war to pay the dividends, and that a policy had been opened at Lloyd's to insure that sum. On the 16th of Octo ber, an advertisement, bearing the signature of M. Rocafuerte, and confirming the previous announce ment, appeared in the newspapers; and this, as might have been expected, bad the effect of raising the bonds to 56 or 57. The - statements contain ed in these advertisements had never been con tradicted by M. Rocafuerte, whose signature they purported to bear, and therefore the public were in duced to believe that they were true. It turned out, however, that no dollars had ever arrived in this country, and nothing had been done to satisfy the obligations to the holders of the bonds. Under these circumstances the Learned Counsel submitted that the Morning Herald was justified in alluding to the conduct of M. Rocafuerte in the manner it had done. There could be no doUbt that misrepresentations to the public had been made, and M. Rocafuerte having signed the advertisements, could only justify his own conduct by blasting the character of his Government. Without, however, making any imputation upon the private character or honour of M. Rocafuerte, it was impossible to say. that the observations which had been made in the Morning Herald were not fully justified by the facts which had been made public. If M. Rocafuerte had not put forth these advertise ments for his own private purposes, he had done so on the part of his Government, and in either case his conduct required explanation. The .illorning Herald had no object in view other than that of guarding the public against risking their money in such speculations as these, and the course it had adopted was not only justifiable but laudable. Mr. Brougham, Mr. Hill, and Mr. Justice, were heard on the same side; after which -The SOLICITOR-GENERAL rose to address the Court in support of the rule. Their LoRDSHIPS, however, said he had better postpone his observations to another day, it being past the time when the Court usually rose. PREROGATIVE COURT, Nov. 14. MARSH V. TYRRELI. AND OTHERS. Mrs. Sophia Harding, ofWalworth, the testatrix, died May 1, 1827, aged about 60, having personal property at her own disposal amounting to about 20,0001. She was the sister of a Mr. Wm. Smith, who had been secretary to Sir Edward Hughes, in the East Indies, and who died 1784, leaving consi derable property to the testatrix and her sister ; the latter died in 1813, bequeathing her share to the testatrix. It being considered that Mr. Smith had owed his appointment to the family of Mr. Marsh, the broker and navy-agent, the testatrix entertained a strong regard for that family, which had also iti termarried with the Cuthbertv, her friends. Be sides executing, in 1816 a deed of gift 'for 10,0001. to Mr. Marsh, sen., she deposited in their hands two successive wills, dated 1816 and 1818, whereby the bulk of her property was left to Mr. William March, and to his son, Mr. Arthur Cuthbert Marsh. In June, 1817,. the testatrix married Mr. John Harding. A few days previous to her marriage she executed a deed of trust, for the security of certain property, its which the name of her intended hus band was not included. The will of 1818, executed after her marriage, was to this effect :--It recited a deed of trust in 1816 ; then gave 5,0001. Bank 'stock in trust, the dividends to be paid to her hus band, and on his death the principal to go to his eldest son by a former marriage; the residue of her property to Mr. William Marsh, Mr. Cuthbert Marsh, and a Mf. Creed, paying sundry legacies; her house and furniture arWalworth to her husband. Of this will Mr. W. Marsh - and Mr. A. C. Marsh were executors. The deceasCd, three years before her death, had a paralytic attack; another two years before that event, and a third about a month prior to her decease. At the execution of the will just spoken .of, it was not disputed that her faculties were sound. In September, 1824, the banking-house of Messrs. Marsh failed. On the sth March, 1827, the de• ceased gave instructions for a new will, not to the solicitor she had previously employed, but to Mr. Edward 'Tyrrell, a friend of her husband ; which was executed on the 9th, and attested by Mr. E. Tyrrell,. Mr. Fred. Tyrrell, the surgeon of St. Thomas's Hos pital (brother of the drawer of the will), and Dr. G. M. Burrows, the physician, .who had been called in to ascertain the capacity of the deceased. Mr. John Tyrrell, a brother of. the drawer, and Mr. Harding, were appointed executors. By this will, the bulk of her property was left to Mr. Harding. A codicil was executed the 26th of April; it merely left three rings to three ladies, and confirmed the will; it was attested by two other witnesses, Mr. Timothy Tyrrell, another brother of the drawer, and Mr. Peter Dixon, a surgeon; the execution of this co dicil was ten days subsequent to the last attack of paralysis. The pleas in this suit were numerous; but they all bore upon these two points in question, namely, whether the deceased, on the 9th of March, 1827, was of sound mind, and competent to the act she performed; and whether, at the period of exe cution, she was a free agent, or acted under com pulsion. Dr. LUSUINGTON this day commenced his argu ment in behalf of the executors, but it is not yet concluded. SUDDEN DEATH. Very lately an old man in Kirkfield Bank went to bed in apparently good health, and was found next morning dead in bed. He had been drinking ardent spirits the night before , . but did no t a p pear to b e in toxicated. What rather singular, he had got a suit of new clothes, in which he was to be equipped that day (Sunday),. but th e w hi te s h rou d was s pread o ver him s mstead. Ther e i s a gr e a t deal of delete rious stuff at present in use, which ; if it does not prove fatal, must assuredly prove hurtful. We have been annually in the habit of recommending the ex , cellent ales made by our townsmen, us a safe and nutritive beverage, and at no former period had we better reason to be satisfied with their ales than last October. Ind e ed, th e se gentlemen are making great improvements, as appears from the increasing d e _ mands from the breWery, upon both their ales, , po r t er , small and table beers. "'H o me-brewed ? yas the beverage of our fathers in Scotia's hale and unde generate days, and it would be good for the country if it were the practice still. —Glasgow Free Press, Nov. 12. It is said that a Sheriff's officer, a few days ago, disinterred the pody of a debtor, from Torrington church-yard, and conveyed it to ripon lip the suit of thp creditor !—SoUlersetsitire Oozpite. The thermometer, daring hursday nig ht, did • pot fall lower than 44, being a difference of nearly QO degrees between the cold of that and the twp nights pre ceding. MECHANICAL GENIUS. wh N ee f i r l . vrigiit ,t 1 Greenshieldsii:tto lns soc success celebrated n ase h a e owescr good fortune of operating here a t Glasgow with out a competitor. His perfect knowledge of rotat° l l4l motion, and fidelity to the cinnponent mater' b 6s: ei. ra alone r m . of every article which he is employed to in4' rs, has secured him the confidence o f hi s emploY,i, or But his geniui was not doomed to be a fabrica te , of common vehicles alone. After having 1. ,' rated for a time in repairing chaises, gigs, ,‘'.. c h he at length adventured upon the l a tter, Wil' bd he executed so happily as to be employ o ed,d i d, Mr. Monteith of ' Carstairs to make a giCm , , him. Mr. Greenshields perf orme d thi s eon; .to the gentleman's satisfaction. We have sia seen several beautiful four-wh ee l e d g i gs of ";[ Greenshields' mechanism, wholly eXectitedli . painted by himself with very fine taste. 5,... same artist is - also an a d e pt a t, learse - m akt but he entertains no hope of milting a forti by rearing vehicles for the dead. The buOr of plough-making is now at an end, these b , ' all made o f iron ; b u t i n t hi s d epartment o f , implement-m a ki ng h e a l so exce ll e d . " M r. G , ''. shields is besides a faithful industrious w •' ' man, and extremely cautious of promising ra. I.', i a fault appli ca bl e t o mos t workniew.—Was .' . '.. l i Free Press. t'' ' _ • IMPORTATION OF ARMS. ‘H: Notwithstanding all the oaths which ; 1 0 been taken to the contrary—notwitbstandinL, the point-blank contradiction which our s r , ments have received, the fact of the importat of arms from Scotland does not admit any 101 l .t . of a doubt. Government have taken the aL7 and orders have been issued to the officert. customs in the northern parts of Ireland to such arms as the rebels endeavour to bring i '-', % the country. On the 6th instant, there ar at Warrenpoint, in the port of NeWry, the , 1 Blaney, a steam-boat, with a package of t '.. arms marked " Hardware ;" which were se' ' On the arms there was no mark, not even 0 ,, , maker's name. They were consigned to ar t son in the town of Newry, an d a dd ress ed A ,. man in Enniskillen. How Government wit in this case remai ns t o b e seen . _ If his Eil lency is not armed with sufficient power:;,' should be. We recollect the case• of a s keeper in Cork, who was convicted under . „, * ~A Insurrection Act, of selling g u n p ow d er to cf.‘ kl Lain Rock, when that county was in a state).l disturbance. The man's punishment, if we: a , not misrecollect, was transmuted from ro penalty of d eat h w hi c h h e h a d incurre4:, transportation for life. Now the question whether Fermanagh be in a state of insurrectit Not formally, we a d m it—but it is in a 01 . disturbed state than the county of Cork, 1' after the latter had been put under " the pre!r o Lion" of the Insurrection Act. But this fr:' cannot be laid on, without a memorial from t ile , ~ Magistrates. N ow th e M ag i strates b e i ng , t 4 nerally speaking, " Defenders" will not Tren t ' . rialise against themselves. Th e y are t oo On involved in the conspiracy—they are too activ e , employed in the military organization---tIT have, in fact, too deep a stake in the wic'',; game of insurrection, to lay themselves a t t ; mercy of a Government Ag e nt. N ow , t he kJ , should be amended in this regard. The nelk sity of the times calls for it— a nd to the L ° li i i Lieutenant and Council of -'lreland should. - confided the whole responsibility of presel the peace of Ireland, in spite o f th e Brunswi d , Magistrates and their " Defenders." Inde a , ' we are glad to find th a t th ere i s a cons ia e k 3 7 force under orders for this country, con sisting,,,, horse, foot, and artill er y. Th ey w ill b e w e ! i ii corned with cheers by the people, and they ""' be regarded, as they ought t o b e , as theirpli v io . tectors against those pestil e nt " D e f en d er s," w he have avowed their intenti on a desolating $ North with blood.—Dublin Evening Post. SHIPPING INTELLIGENCE. LIVERPOOL. ter, LIVERPOOL, Nov. 13.—Wind Ir , 17 minutes . past two.—Arrived the Thomas TAY °. Tummies, from St. Petershurgli ; Washington, J °l.- 1 from Lisbon; Sh ep h er d , Fi ndlay, from Pictou ; r donia, Rogers, from New York ; Robert Dewar, --"" from Carthagena ; Magdalene, Hodgson, from SloY fr ; Lancashire Witch, Rolstone, from Lisbon ;. Dalhou! th Castle, Walton, f rom N ew Y or k ; Wilberforce, Wbfr. from St. Domingo; ,Twig, Bellhache, from Jersey ; cific, Neale, from llamburgh; Hope, Nicholas, frog' Petersburgli; Blossom, Sanders, fr om Malaga ; 0 11 JonCLEA es, from Newport. RED OUTWARDS.—T he Bremen Packet, St°r ner, for Bremen ; William, —, for New Orlon& BIRTH. On the 13th inst. at Bow, Mrs. Henry Nelson, ° daughter. MARRIED. lr On the 11th inst. at Aycliffe, by the Rev. James .. ° 0 son, of Aindesby Steeple, William Robson, Esq. Margaret Guy, only daughter of the late Captain J° Robson, of Newton Grange, in the county of Durban. DIED. On the 12th inst. at Ratton, in Sussex, in her 22d Y es° Harriet, fourth daughter of Inigo Thomas, Esq. On the 30th ult. at Somerset-house, Mrs. J. E. Patri c I 4 in the 75th year of her age. et, On the 9th inst. at his apartm en t s i n P r i n ces-str e he Upper Stamford-street, Major Charles Stewart, Of Royal Marines, in the 95th year of his age. -yet On the 11 th inst. at th e R ec t or y, M or l e y, Derbyo )l Julia D'Aranda, the wife of the Rev. Edward Luard. On the 12th inst. Mrs. Margaret Hunt, of the 0 ,0 „, Arms bin, Warwick-lane, in the 76th y e a r o f her l e s - : sincerely regretted by all who knew her. On the 10th inst. in her 84th year, Caroline Fran e° ' wife of I'ichard Paterson, Esq. of Blackheath, • On the 10th inst. in Dublin, the Right Hon. J. Orio Vandeleur, of Kilrusli House, county of Clare. At Cheltenham, Mary, relict of Henry Ingliss, On the 13th inst. at Croydon, Mary, relict of ll' be o f Harris, Esq. late an active magistrate for the co' ' t " Sum rey. 0 ,1 " On the 13th inst. aged 21, in Charl o tt e - s t ree t, porti s el place, Charles, the eldest surviving s o n o f J o h n Fie j ; : f g Esq. of Duke street, Grosvenor-sq uare - a pr ows young man, and regarded by Lis relati ves and friends. et , On the 12th inst. at her h ouse i n G rea t O rmon d-srr e- Bloomsbury-square, Mrs. A. Arnold Austin. 1 1 1111 " On the 12th inst. age d seven years , Ch ar l es W..-?‘,l only child of the l a t e M r . Ch ar l es Mill er , o f Aldgate 4treo. hart, On the 71hinst. sudd en ly, at hi s res id ence , Hay's-w -Ay Southwark, William H um ph re y, E sq . age d 56, since — regretted by a numerous circle of relatives and friends,: o f On the 6th inst. at O s t en d, M rs . St. Amour, wife Richard St. Amour, Esq. formerly of Pimlico. ' On the 13th inst. at an advanced age, John Col litr n b' Esq. at his residence, Upper Queen' s -b u ildi ngs , TholnP W , Jo: deeply lamented by his relatives, and a large circle of frien On the 13th inst. Elizabeth, wife of A. H. Kelsey, E ° ' of Bloomsbury-square, in her 48th year. On the 7th inst. at Kennington-c r oss ; Ann, the of Thomas Eyans, Esq. deeply mourned by 11 d 4 s l cerely il lamented by her intimate friends, an reg retted P b all who had the happiness to blow her. Full of years !,e re descended to the tomb. Iler merits, as 4 Christian, f op . before her God : it would be presumption in an e rri ; mortal to pronounce a jtidgruent upon them ; but, "'t i c ' lingly we add, if she Meth, few, indeed, are there 0, 3 °0 6 Ps whO may hope to stand. c a stle' John Burke, Esq. and grea t Pi ece t o L or d - Viscount At Lisle, Adelaid e Sop hia, eldest daughter of th e Iste Maine. , —re PJUNTM and PUBUSIIED by MURDO YOUNG, at tlif SUN OFrzes, 112, STRAND, LoNlioN• Y 11lit t i r b i,zipt ur t . %eh k O tl ,ez 11 4 r), thie k 4 FERI 104 Y, 1 4 -40 r, kk t : o rk„ i 41 1.,„,: I c 4bi ed led - k r ,,,,1)11 lar — f re gut ,i l l be L'mlor s . a COI p ~o{~ r I __ l opi Pa~le ~~RMi I , Ily r r i nt , ____, • Was PlaiJ L i d a n , P • 'ulte •—___. 'wa, Atit; • tk4til a i t l4 SetZ v t Z4pliet, t%' c tt4 tOtt.t 't um, 1 4 ., I v'Y t 6, 4 4: - " , e I L Per 4 it t ,;; k'tl k," Prit k11411"1• ki; 3 l‘10; 19. Ph ) Oy . 114014, l et ,.. T_ ~~ t *h orn _ (11%1