The Sun. — London, England, 1841-12-22 00:00:00

MORNING SUN SPIRIT of the PUBLIC JOURNALS. FROM THE EVENING PAPERS OF YESTERDAY. GLOBE.—Perverse practices breed perverse doctrines. In France, where everythinc , has been done by Governments (or prevented' from being done), that everlasting meddling has passed into system, and a whole school of eco nomists think centralisation the glory of their country. Thus tyrannies become tenets; and it is only in that shape they could survive -the demolition of absolute power, and the rise of the dynasty of public opinion. It is truly lamentable that any piece of misgovernment, which has but lasted long enough, is sure to have created a whole legion of false opinions, which palliate and protract the reign of abuses to which they owe their birth. Popular doctrines of po litical economy in this country exhibit as many absurd fallacies as those of France, from a si milar source. Our access to food, and our em ployment of capital, have been arbitrarily re stricted by law; our labour has been crippled of its power, because robbed of its returns, and our political economists have quietly accepted the phenomena produced by this abo minably artificial condition of things, as if they were quite in the course of nature, and incident to all advanced communities. It is much as if a mouse, which some scientific tormentor had placed in the exhausted receiver of an air-pump, should proceed to theorise (if mice theorised, or had leisure for it Under such circumstances) on its uncomfortable situation, and refer it to va rious general causes, which all mice are liable to in an advanced state of society and civilisation ; all the while, without the slightest reference to the invisible process, which had deprived it of the vital element, and must soon terminate its existence. If there were two mice in the scrape, and if one of them was a " practical" mouse, he might discover that want of room was the palpable and obvious evil of the situation, and that want of air was a mere theoretical fantastic delusion. The practical mouse might therefore propose emigration of one of them ; and if the practical mouse happened to be " Yorkshire," as well as "practical," he would propose that he should emigrate for the relief of the other who was left. STANDARD.—The Leaguers seem to be dis posed to go the length of the French Commu nists, and, indeed, something more—a bar's length beyond our neighbours. The Communists, as far as we learn of them, ask no more than to have all the land of the country confiscated, with a view to an equal distribution among all the people. This,. however, ,is a modest proposal compared with that of the Leaguers. The latter, speaking by their organ, the Morning Chronicle, intimate an expectation that the agricultural class shall pay all the taxes, i. e. that not merely shall all the land, upon the plan of the Communists, be virtually confiscated, but that the capital and labour of landowners and farmers shall be con fiscated with it ; and the liberty of these serfs of the soil, also, so far restrained that they must at all risks make up the public expenditure. In other words, the Leaguers require that more than fifty millions of expenditure be paid out of about thirty millions of rents of land, these rents being subjected meanwhile to constant diminution by the free import of foreign produce ; for the proposed substitute of a land tribute for all other taxes can in no way affect all the many excellent arguments with which we are daily en tertained, to prove that increasing foreign im ports are absolutely necessary to support our ma nufacturing population. The project of paying 50 millions annually from a wasting fund, com mencing at about 30 millions, is one which we respectfully submit to the attention of the proprietors of 700 or 800 millions of stock. It is for them to consider how their di vidends, amounting to 27 millions annually, are to be provided for out of the 30 mil lions, after the army, navy, and other pub lic establishments are paid—establishments now costing not much less than twenty millions. We presume that the fundholders will not be well satisfied to look for their interest to the minus quantity. Let us, however, that we may not be supposed to be trifling upon an imaginary hypothesis, quote the very words of the or gan of the League :—" A heavy land-tax would not be felt by industry, and laud is the fit test of all subjects for taxation. In all coun tries but England the greater part of the ex penses of government are thrown, and very properly thrown, upon the land." The pro pounder of this doctrine does not explain why land is " the fittest of all subjects of taxation." For ourselves we think that, in the matter of taxa tion, there is a very remarkable agreement of expediency and right, awl that the fittest subject of taxation is always that ceom which taxes may be most easily collected. The reference to other countries would be of more value if we could find that on the whole these other countries are more happy ; more free, or richer than ourselves, or generally more prosperous; that the reverse is the truth seems to be an argument in favour of the English scheme, under which, though land is heavily enough taxed, it does not bear the whole of the public burthen. The main question is, however, after all, the practicability of the new agrarian, or rather Helot, plan, by which the agriculturists are to be made the slaves of the community—the Decurions of the lower empire, compelled to pay in taxes more than the value of all their possessions plus the value of all their labour. We humbly hold the opinion that the Leaguemen themselves cannot make thirty, fifty, and that, if they should succeed, which is not very likely, in carrying their scheme into execution, the fundholders must go to the wall : m truth, from the first and throughout, the fundholders have been the parties principally in danger. Other clasSes, however, beside the landholders and fundholders have, we submit, a very considerable interest in a scheme for the destruction of the chief purchasers and employers throughout the country. MONEY MARKET and CITY NEWS. FROM THE MORNING PAPERS OF YESTERDAY. TIMES.—From recent inquiries on • the sub ject, it appeals that the question of the duties on confectionery is assuming a much more im portant aspect than it bore at first, that it is be ginning to be agitated in higher quarters than the parties who first made their complaint, and that from being a matter affecting the interests of private individuals, it has become one of de cided national importance. At first the intro duction of sugar in a manufactured state, and afterwards melting it down, was spoken of rather as a contingency of the present state of the tariff —as a fraud on- the revenue that might perhaps take place in a few instances—but now it appears that there are no boUnds to the injuries which the existing anomaly may inflict On the revenue. So little is done to the sugar to give it the appear ance of a manufactured article,. that there is not the slightest difficulty in restoring it, so as to be Perfectly fit for the use of the manufacturers of British wines, and of an almost endless list of trades in which sugar is employed, and in which this article , paying scarcely any duty, may be used, to,the utter exclusion of that which contributes so materially to the reve nue. As for th,e means that have been adopted to import sugar at 7s. 6d. instead of 24 . s. p er cwt. (for such is the difference), in some instances a few almonds pieced whole in the sugar, and with out the slightest alteration in the sugar itself have been fbund sufficient to stamp the sugar as an article of confectionery ; in others, a black mass is produced by mixing sugar with charcoal, which, when the sugar is melted, rises to the surtlice, aiid can be removed immediately. The ease with which this is effected is so great, that the practice may end almost in the consumption of foreign sugar alone ; for the whole expense_ of separating the sugar f rom the particles of other matter is estimated at about 2s 6d. per cwt., which, added to the 7s. 6d., makes but lOs ; so that all chance of competition is taken from the employers of raw sugar, which has to pay 24 5 . Another point is, that there is every reason to believe that foreign and not British, colonial sugars are employed by the manufacturers of the Channel Islands, for such is the state of the law, that it seems they could import goods made from Colonial sugar free of duty altogether, so that the Payment even of this small duty of 7s. 6d. would seem to imply that foreign sugar is employed. Indeed, the cheap rate at which sugar can be made in Cuba and other slave holding countries would, of itself, render it ex tremely probable that a preference to foreign sugar would be given in the Channel Islands, above that Produced in our own colonies. Viewed under these aspects, it will be seen that the question assume s a most extensive bearing; for not only does the admission -of the confectionery at low rates injure the revenue by depriving it of much of the duty on sugar, and the workm en , by giving a pre m i um to foreign labour, but it also injures our E ast and West' Indian ' posses sions, and holds forth an encouragement to slave labour. POST.—The Stock Markets were generally worse to-day, and, although the quotations for money accommodation have not exceeded from 4 to 5 per cent. on the security of English Stock, loans were greedily accepted at the lower rate, and this to the utmost possible extent. It was reported, by way of accounting for the depres sion, that advices of an unfavourable nature had been received from Paris, and that some fresh difficulty had ar,sen on the American boundary question, but no particulars upon either subject transpired that we are aware of. CHRONICLE.—The injurious effects of the Corn-laws upon the Money Market are power fully developed by Mr. Greg, chairman of the great meeting at Manchester, on the cotton trade, in his speech reported in the Chron i cle of this day. Towards the conclusion of his address, and in the recapitulation of his reasons for be lieving that the Corn-laws are the principal cause of the prevailing distress, Mr. Greg instanced the derangement of the currency which they oc casioned, by compelling us to pay for our imports of corn in bullion. We believe that the " sliding scale," by rendering any steady trade for the supply of this market impracticable, was the principal reason which prevented the continental growers from taking payment of their corn in British goods. As no steady demand comes from this country, or can be depended on by the foreign merchants when orders are received in the Baltic and Me diterranean ports, the supply is inadequate, prices take an immediate start, and the cost is enhanced probably 50 per cent. ; the gold is im mediately drained off from the Bank ; the Di rectors apply the " screw," and bring down the price of every thing. Thus, while the price of food is doubled to the consumer, the price of the produce of his labour is depressed in an equal proportion. Then foreigners take advantage of our low prices and appear in our markets, buying at forty millions goods which ought to have been worth fifty millions. In the last few years, the price of the different kinds of foreign corn imported has been increased 16,000,0001. by the influence of the sliding-scale. The facts adduced by Mr. Greg afford new evi dence, if such were wanting, of the falsehood of the monopolist argument, that the price of labour must fall proportionally to a fall in the price of corn. The effect of a rise in the price of corn is to produce a fall in the price of labour. When the supply of corn in this country is deficient, the increased demand raises the price abroad, which must be paid for in bullion. That payment drains the Bank of her gold, and turns the ex changes against this country. On the other hand, when the harvest has been abundant in this country, and the price of corn consequently cheap, there is an influx of gold from the legiti mate operations of trade, our exports exceed our imports, and the Bank, being relieved from any fear of pressure on her coffers to pay for food, keeps money easy, and an additional quantity of it is given in exchange for com modities. Prices and production rise ; the de mand for labour increases ; and that demand, rising above the supply, necessarily im proves the money price of wages. If the 16,000,0001. taken off for the price of corn during the last few_ years, as a tax to maintain the rent of land, had been now in the coffers of the Bank, her position would have been that of unquestionable stability, and she would have been able to keep up a full currency, and greatly to alleviate the pressure of distress ; but, in stead of being in a situation to do so, as her affairs now stand, she has been struggling hard to keep herself from falling ; and, after having weathered the payment of two million and a half of quarters for 1841, the Directors are looking forward with renewed anxiety to meet the im portations of 1842. IMPERIAL PARLIAMENT. HOUSE OF LORDS, Dec. 21. This being the day to which Parliament stood pro rogued, both Houses met about Twenty Minutes past Three o'Clock. At Half-past Three the Lord Chancellor, Lord Wharncliffe, and Lord Fitzgerald took their seats on the Woolsack, as Lords Commissioners. Mr. Pul man, the Deputy-Usher of the Black Rod, was then di rected by their Lordships to summon the Commons to the Bar, to hear her Majesty's Commission read for fur ther proroguing Parliament. Shortly afterwards Mr. Henry Ley, Mr. Bellamy, jun., and several of the officers of the House of Commons, appeared at the Bar. The Commission was then read at the table by Mr. Smith, and The LORD CHANCELLOR, in her Majesty's name, and by her command, declared the Parliament prorogued to Thursday, the 3d of February, to be then holden fur the despatch of business. DREADFUL DEATH OF A FEMALE FROM STARVATION. On Monday a lengthened inquiry was proceeded with before Mr. T. Wakley, M.P., Coroner for the Western Division of Middlesex, and a respectable Jury, in the Board-room of Chelsea Workhouse, Arthur-street, King's road, Chelsea, into the circumstances attendant upon the death of Maria Mansfield, aged 32 years, who died in the above Workhouse on Thursday last. Mary Ann M'Keen deposed that she was one of the .nurses in Chelsea Workhouse. On Wednesday, the 15th inst., the deceased was brought into that Workhouse, and was delivered into witness's charge from the Casualty ward. Witness gave the deceased, whom she had never seen before, by order of the doctor, some wine and arrow root every half hour, and sat up with her during the night. Deceased was in a most miserable and weak state, and one of her legs had a bad sore. Deceased when carried to witness's room was hardly able to speak, but after she was washed, and clean clothes put on her, she exclaimed, " Oh, how nice." Mrs. Fox, another nurse in the house, on seeing the deceased, asked her if she had not slept there about a week ago, to which the deceased replied in the affirmative ; when Mrs. Fox asked her why she had not before applied for an order for admission into the workhouse, to which she replied that she had done so, but had been refused by Mr. Newsom, the relieving officer. Deceased did not say why Mr. Newsom had refused her, nor did she say when or where he had so done. Deceased's feet were as cold as ice all night, and witness applied hot water to them, but could get no warmth in them. Deceased in the course of the night said she should not trouble any one long, and died about half-past one o'clock on Thurs day afternoon. The doctor on Wednesday night de sired witness to watch deceased during the night, as he did not believe she would live till morning. Deceased made no complaint to witness against any one, neither did she complain of having suffered from want of food. The Rev. Wm. Jay, curate of Upper Chelsea, deposed that on Wednesday last, between twelve and one o'clock, while visiting in the neighbourhood, he first saw the deceased sitting on a chair in a yard in the Royal Hos pital-row, Chelsea, with several poor persons round her, who stated that she was dying from cold and want. Witness immediately inquired if she had had anything given her, and found she had had some brandy. He instantly got the first conveyance he could procure, and had her brought to that workhouse, where she was immediately admitted. The persons around her ap peared to be strangers to her, but when witness said he would send her to the workhouse, they said it would b e of no use, as s h e h a d b een there before and been refused admission. Deceased appeared too ill to speak. Robert Hall Adcock, porter at the workhouse, proved that the deceased had two or three time been admitted for a night's lodging, but he never knew her to apply for an order of admission and be refused. Deceased had told him she belonged to Newington parish. Mr. Newsom, the relieving-officer; John Slade, a pau per, who attends the applicants f or re li e f ; an d the mas ter of the workhouse, swore most positively that the deceased never applied for admission into the work house nor had been refused either directly or indirectly. John Webb, a miserable. looking man, residing in Lawrance-yard, Jews'-row, Chelsea, deposed that the deceased had for three months slept on the stairs of the house where he resided, where she had nightly pulled off her bonnet and sat down. She had nothing to sub sist on but half-a-pint of beer and a bit of bread, which persons sometimes gave her. Deceased told the per sons of .the house that she belonged to Newington pa rish, and that she had applied for. relief at Chelsea, but had been refused, and having a bad leg could not walk so far as Newington. He had tried to persuade her to go into the workhouse, and when he offered to go with her she refused the offer. He had never seen her in liquor, and he had no doubt that she had died from the want of proper food. The Jury, after consulting together, then returned a verdict, " That the deceased died from want of food and the coMmon neeessarieatof life, and without default on the part of the parochial authorities of Chelsea." DESTRUCTIVE FIRE AT POPLAR.—About six o'clock on with considerable loss of property, ,ht a d to r o e k ad p fi l i a l c fl e re in , t he attendedspa cious Monday- pier c ve in s a t rfactog, belonging to Messrs. rope and rig g ip , 11 , r h pe, situate in Preston-fields, James, Wright, and East India-road, Poplar. of e a premises, though not of wood,range of buildings, two sub stantially built, consisted sd and upwards of 180 stories high, built chiefly house, rigging feet long, consisting of foreman' hemp-rooms, the w At the time of shed, pitch and tar stores, wprwkesihliong and riggingt hrokup . e ,i3l o r ple e. were wood-yard, and stables and hay-ipf ts. 138 ' the commencement of the fire engaged completing some cause busily vessel lying in the East India Docks • of the fire was not precisely known last night,it was supposed to have occurred by the carelessness of one of the boys dropping a lighted candle on a heap of hem p p 1 in the rope-room, which i g nited inst antaneously before the alarm could be g iven to the wor kmen in and before 0 t a he d r parts of the manufactory, the flames had caught the roof. In consequence of the combustible character of the manufactory, the fire spread to the adjacent depart ments with all possible violence, and on arriving at the pitch and tar stores, amounting, it is said, to 150 bar rels, it blazed with terrific force. Large burning flakes were seen flying in all directions, producing the greatest alarm amongst the inhabitants, many of whom, fearing that the roofs of their dwellings would ignite, set about removing. Owing to the plugs of the water-pipes being frozen up, by the time the engines were got fully into play, the whole of the manufactory was on fire. No portion of the premises were saved. The loss could not be ascertained ; it was understood to be covered by in sursices 1 We regret to announce the death of Lady Eliza beth Mathew, of Thomastown Castle, which happened on last Tuesday night. Her Ladyship, whose benevo lence and kindness of heart justly endeared her to her numerous tenantry and friends, was sister to the late po pular Earl of Llandaff and General Montague Mathew. On the decease of the late Earl the title became dormant, and the representation of this ancient family devolved on George Mathew, Esq., the father of the late Member for Athlone, LAW INTELLIGENCE. COURT OF CHANCERY, Dec. 21. This being the Fourth Seal, the Lord Chancellor took appeal motions to-day. YOUNG V. LORD WATERPARR. This case came before the Court upon motion, the object of which was to restore the cause to the Vice- Chancellor of England's paper, it having been tranferred to . that of Vice-Chancellor Knight Bruce. The ground on which the application was made was, that Vice- Chancellor Knight Bruce had hitherto been the Counsel in the cause of Lord Waterpark and Mr. Cavendish. The LORD CHANCELLOR ordered the cause to be re stored to the paper of the Vice-Chancellor of England. HALE V. HALE. This case came before the Court upon an appeal motion from the decision of the Master of the Rolls, by which he appointed a receiver over the brewery business, and also of the stock, effects, and property belonging to the brewery of Messrs. Hales, and also directed a reference to the Master, for the purpose of inquiring into the propriety of selling the stock, effects, and good-will of the trade. This short narrative of the case may be thus given :—Mr. Hale, the plaintiff is a beneficed clergyman, who be came entitled, under the will of his father, as the resi duary legatee, to a share in the property, and also in the business of the brewery carried on by his father in partnership with the defendant. For some time after the death of the plaintiff's father the business was carried on by the executors and the defendant ; subsequently, however, it became matter of contract between the plaintiff and the defendant, and it was carried on in that manner for a considerable time. Some time since, dis agreements taking place between the parties, the plaintiff filed his bill for the purpose of putting an end to the bu siness, and in that suit the order was made by the Master of the Rolls, which was now sought to be discharged. Mr. Bethell and Mr. Goodive appeared on behalf of the appellant; and Mr. Sutton Sharpe and Mr. Romilly were in support of the order below. Before Mr. BETHELL had concluded his opening on behalf of the appellant, an arrangement was come to, to refer all matters in difference in the cause to Mr. George Turner, the Queen's Counsel, who was to be at liberty, if he thought fit, to call in an accountant, and to have full power to make awards from time to time as he should thipk fit. ROLLS COURT, Dec. 21. CLARKE V. CLARKE. Mr. TURNER moved to have the bill in this suit, which had been filed against the defendant as an executor, taken pro confesso, for want of answer. The defendant was in custody for contempt of Court. Mr. DIXON opposed the motion, on the ground that the requisitions of the Court in such cases had not been complied with. The order of the Court required that the defendant should be brought to the bar of the Court, to clear his contempt, within thirty days after arrest, if that time should expire in term, and if not, within four days after the expiration of thirty days. The de fendant in this case had been arrested by a Com mission of Revenue on the 13th October last, being in the long vacation, and had been taken to the private residence of the Master of the Rolls on the 15th October, not, he contended, for the purpose of clearing his contempt, but merely to be transferred, ad interim, to the custody of the Fleet, which had been done. Under these circumstances, he contended that to have complied with the order of the Court, the defendant should have been brought to the bar of the Court on or before the 12th Nov., whereas he had not been brought to the bar of the Court at all. The MASTER of the ROLLS said he had no doubt that it was quite competent to him to transfer the prisoner to the Fleet. His opinion was, that what had been done was correct ; but, as it was a case that might frequently occur, he would inquiie as to the practice of the Court. DUNN V. FLETCHER. Mr. ELDERTON moved on behalf of the creditors of a testator for a special injunction to restrain the defendant Melville Fletcher, from receiving from the auctioneer and purchaser of a leasehold estate that had been sold, the residue of the purchase money, and to restrain the latter parties from paying the same to him. The defendant resided in Scotland, and was the sur viving executor of a person named Ramsay. On testator's death, defendant came to London and proved his will; and having possessed himself of considerable assets re turned to Scotland, taking the whole of the proceeds with him, without satisfying or making any arrangements for the satisfaction of testator's debts, as he had been required by the will, notwithstanding be had been applied to by the creditors for that purpose. Since that period, a leasehold public house belonging to the testator, called the Angel, and situate in St.. Giles's parish, had been sold by public auction for 1,5001., and the purchaser had paid a deposit of 375/., and was about to complete the purchase to-morrow, for which purpose defendant had returned to England. It was alleged in the affidavits, that if he were allowed to receive the money, it was believed that he would again remove out of the jurisdiction of the Court, and appropriate it with out paying testator's debts, or otherwise carrying into effect the directions of the will. The MASTER of the Rom.s—You may take the order, subject to the right of the other parties to move to dissolve the injunction if they shall think proper. CREASE AND WIFE U. JOHNS AND ANOTHER. This motion for an injunction to restrain defendants from holding and working certain mines in Cornwall was agaiii mentioned this morning. The facts were re ported in The Sun some days ago. Mr. Icartnnsi.it having stated that Mr. 'Williams would give an undertaking to appear, The MASTER of the ROLLS granted the injunction, the plaintiffs undertaking to keep account s , and to work the mines in a workmanlike manner until the trial, and the defendants being at liberty to inspect the mines twice a month, with liberty to apply. These motions being dispose:l ol; the Court rose. VICE CHANCELLORS' COURT, Dec. 21. (Before the VICE-CHANCELLOR of ENGLAND.) SIR JOHN MORRIS V. VIVIAN AND WILLIAMS. This was an injunction to restrain the defendants, who represented the Swansea Coal Company, from draining the water of the Wern Coal Mine, in Glamorganshire, into certain adjoining mines, the property of the plaintiff. It appeared from the statement of Mr. Stewart, who appeared for the plaintiff, that, in the year 1839, a drain was opened in the mine of the defendants, which con veyed the water from it into the mines of the plaintiff, to the great injury of his works. Pro mises were made at the time that the evil should be remedied. In the month of January, 1841, how ever, the passage was again opened, and the plaintiff after having in vain made certain remonstrances felt it necessary to bring forward the present motion. Mr. LOYD, on the part of the defendants, applied for time to answer the affidavits of the plaintiff, which had not been filed until the 14th instant. His HONOUR granted the request, ordered that the answer should be filed by the 31st instant, and stated that he would come down specially to Court to hear the case on the Tuesday following. (Before Vice-Chancellor KNIGHT BRUCE.) SEDDONS V. PRINCE. Mr. COOPER showed cause against dissolving an in junction to stay trial. The Learned Counsel said the cause had already been heard before his Honour on ex ceptions. Thomas Seddons and James Seddons were the plaintiffs, and John Prince, Daniel Prince, and John Bird, the defendants. The bill prayed an account of dealings and transactions between the plaintiffs and the defendant Daniel Prince, and prayed that certain promis sory notes, or bills of exchange, nine or ten in number, might be delivered up to be cancelled, and that the de fendant John Prince, and Daniel Prince might be restrained from proceeding on them. The motion against destroying the injunction was made on behalf of the first defendant, J. Prince. When the cause same before his Honour on the 10th of November, upon exceptions, all the exceptions after the 6th were allowed. John Prince had made a further answer, and on his behalf he now moved to dis solve the injunction. The Messrs. Seddons were extensive upholsterers. In the year 1832 their circumstances be coming embarrassed, they came to a composition with their creditors. By the deed of composition the creditors of the plaintiffs gave them a license to carry on their business, and the plaintiffs agreed to pay certain instal ments towards the liquidation of their debts, and also entered into a special covenant th a t th e defendant Daniel Prince should keep their accounts, and be in the nature of an inspector for the security of the creditors. Daniel Prince was to receive 1501. a year for his services. Whilst at the manufactory, the defendant Daniel Prince received and paid several sums of money ; and the plaintiffs, who became indebted to him on various occasions, handed over to him various bills of exchange towards the satis faction of those debts. Some of those notes were the subject of the present suit. The plaintiffs alleged that the defendant Daniel Prince had not kept the accounts in an intelligible way, and that it was impossible to as • certain from them whether the sums which he alleged to be due to him from time to time, were in fact due to the defendant. There had been a settlement of accounts be• tween the parties in July, 1838, and the result was that there was then a sum of 239/, 2s. 2d. due from the plain tiffs to Daniel Prince, and for that balance the first of the bills of exchange was given. The Learned Counsel then proceeded to state that John Prince went in 1837 to China, and before leaving England appointed Daniel Prince his agent ; but he contended that it appeared that although the agent of his brother, Daniel had no general authority to accept and indorse notes and bills of ex change. Upon the investigation of the accounts, it had turned out that there was the sum of 2,808/. 10s. due from Daniel Prince to the plaintiffs. He contended that he only stood in the shoes of his brother. John Prince, on his return from China, discovered that his brother had defrauded him to a considerable amount ; he did not appear to have been more faithful to his brother than he was to the plaintiffs ; and John Prince having got into his possession these bills of exchange and promissory notes, it would be for his Honour to say whether he was to be considered in a better condition than his brother with respect to those bills of exchange. His HONOUR, after hearing Counsel on the other side, refused the motion. COURT OF QUEEN'S BENCH, Dec. 21. (Sittings at .NisiPrius at Guildhall, before Lord DENMAN and a Special Jury.) HUTTO N AND OTHERS V. BARNET. The SOL ICITOR -GENERAL (with whom was Mr. The siger) stated the case. It was an action brought by the plaintiffs, who are merchants trading to the coast of Africa, to recover compensation for the loss sustained by them in consequence of the defective description of cer tain guns called Tower guns, supplied to them by the defendants, who are gun manufacturers carrying on busi ness in the Minories. The order was given to the de fendants in the year 1838 for 400 Tower guns. They were understood to be for the African trade, and the price paid was 9s. each. When the goods were landed on the coast of Africa, it was found that a large number of the :guns were spliced in the stocks. They were old Government muskets instead of being new ones, and many of them were in so defective a state that they were not merchantable and were obliged id be taken THE SUN, LONDON, WEDNESDAY, DECEMBER 22, 1841. back to England. The principal trade with the African market was carried on by means of barter, and the ivoriNand..other articles received in exchange were taken to, another part of the coast and again sold or bartered, so that the profit was thereby considerably increased. It would be shown that the other goods taken out could not be bartered without a supply of guns, and the loss sus tained by the plaintiffs arising therefrom amounted, as would be shown by the accounts to 6971. Bs., and it was for that sum the. plaintiffs now sought to recover a ver dict against the defendant. The following witnesses were then examined Joseph Reed—l am in the employment of the plaintiffs, Messrs. Hutton, who are extensive merchants trading to the coast of Africa. The principal articles of traffic were cloths, cottons, guns; powder, &e. The defendants are gun-manufacturers, carrying on business in the Minories. The Medora was one of the vessels which the plaintiffs were in the habit of sending out there. . I know the defendant, who is a gun-manufacturer. In the month of November, 1838, the plaintiffs prepared for a voyage to the coast of Africa. An order was given to the defendants to supply a quantity of muskets. They were what are called Tower guns, and the same as had been ordered on former occasions from the defendants. The order was for 400 muskets at nine months' credit, and was dated Sept. 6th, 1838, A shipping order was made out, and left with the manufacturers. The Medora afterwards sailed for the Coast of Africa. An invoice was put in and read. The price charged was nine shillings each. There were others purchased from another Birmingham manufacturer of the same descrip tion at 7s. 9d. The Medora returned on the 11th May, 1840. The value of the cargo she took out was 7,0741.; she brought back a quantity of ivory. The price paid for the muskets was 2461. 7s. She brought back 116 of the Tower muskets. Mr. Barnet was told the guns were defective, and lie came and examined them himself. He expressed himself sorry for seeing them in the state they were, and said he should never send out any more joined stocks. Many of the joinings were open. Cross-examinecr—Our house has dealt with the defen dants for a number of years. We purchase various sorts. We paid Mr. Barnet from Is. 6d. to 2s. for Tower guns more than we were in the habit of paying to the Bir mingham manufacturers. I think we paid Mr. Barnet 10s. on former occasions. The Captain of the Medora had a commission on the goods shipped. Some of the ssuns shown to Mr. Barnet were slightly rusted. The "s • Uaptaan was examined on the subject in July, 1840. He is now on his voyage home. The deposition of Capt. Serjeant, of the Medora, were then put in and read. The voyage was to the south western coasts of Africa. Guns were one of the leading articles of barter for ivory. The guns taken out were Tower and Danes. The Danes are a larger description of guns. The Tower guns were purchased from the defendant. When I opened the chests of Tower guns on the coast of Africa, for the purposes of barter, the stocks appeared to be spliced, and in some of them the joints were opened. There were 38 defective, and not merchantable. We were kept out three weeks longer in consequence of the guns not being merchantable. Our expenses were four pounds per day. My com mission was five per cent, on the proceeds of the voyage. There were a large quantity of goods which I could not sell in consequence of the guns being defective. Walter Adams—l am a gun-manufacturer at Birming ham: I have been 18 years in the trade. There are new guns manufactured by us called Tower guns, and there are also old guns called Tower guns. We manu facture guns for the coast of Africa—they are always new guns for that trade. The barrels are bright, and the stocks are made of beech. The guns for the army in the Tower are made with walnut stocks, and the broad arrow is also put upon them. We do not do that. I be lieve it is a punishable offence. Some of the guns shown me are, I think, partly walnut stocks and partly beech. I saw about 110 of these guns, and the stocks are most of them joined with glue. The gun would be much better if the stock were all one piece. I should think the guns now shown me are not proper merchantable guns. The one now handed me is an old Government musket. It appears to have been made 30 or 35 years. The barrel is nearly as good as when it was made. There are only three pipes for the ramrod in the Government muskets,. and this one has four, the pipes having been altered for that purpose. Some of them have been pieced with glue in other places. In 1838 I sold Mr. Hutton new Tower guns at 7s. 9d. They were then at a low price. Upless it was so ex pressed in the order I would not supply old Government stores. I think the old Government barrels are better than the new ones. Cross-examined—l sometimes purchase old Govern ment stores. They are sometimes spliced when we buy them, and sometimes we splice them. I generally sup ply my own manufacture. I should never think of selling the old Government stores as new guns. They are called repaired Tower guns. All 'Tower guns are an inferior article in the trade. I have sold such guns as these in perfect repair for about Bs. a piece. The gun now handed me is an old Tower gun, spliced and in good repair. I should say 9s. with nine months' credit was not an extravagant price for it. I looked at 116 guns said to have been returned from the coast of Africa, and of these 110 were spliced. Many of them were very much open in the joinings. John Baines—l have been 25 years in the gun trade. I have been in the habit of supplying what are called Tower guns for the African trade. It is an imitation of the Government muskets. If an order were given for Tower guns for the African trade, I should of course supply new guns. In 1838 the London-made Tower guns were 9s. to 9s. 3d., and the Bi rm i ng h am T owers were Bs. 3d. to Ss. 6d. I have examined about 116 of the guns supplied by the defendant. They are spliced, and decidedly unfit for the African market. I carry on busi ness in Fenchurch-street, but I have no manufactory. Guns are a principal article in my trade, which I have made up for myself. Richard Bailey—l am a wharfinger in the St. Cathe rine's Docks. I have been years On the African coast in command of vessels, and at one time I sailed vessels for the plaintiffs. I have been from one end to the other of the coast, and know the trade very well. It is chiefly carried on by barter. Guns ai;d powder are the two staple articles of trade there, and nothing can be done with the natives without them. I have taken out a great number of Tower guns. The natives examine the guns very minutely. I have seen the 116 guns brought back, and think them decidedly unfit for., the African market. I never took out any spliced guns. If you palmed these guns upon the natives they would not deal with you again. I have seen glued articles drop- to pieces in that climate. John Courtly—l have been twelve years in the African trade as captain of vessels. I have made 13 or 15 voyages, and have bartered a great deal with the natives, who examine the guns very minutely. I have examined about 20 of these guns, and, in my opinion, they are unfit for the African market. Glue is of no use whatever —it gives way immediately. • Samuel Samuels—l have been 25 years in the African trade. I should say that guns spliced like these are de cidedly unfit for that market—the natives would not s d t g a e t e; nor I never sent purchase them from their defkeenteizie s h e e n a t r heard n s o p fo spliced e ivi e ee d irr) T .b Tower sent.musket havey sent second-hand g uns , btu James Seeker—l am conductor of the Ordnance stores fur the Indian market. The stuck is always in one piece when the musket is new. If the stock was broken below the tailpipe it would be condemned. It would be apt to come to pieces in firing if spliced below the tail-pipe. All the guns I have looked at are spliced be low the tail-pipe, and some much lower, which makes them more insecure. They would be sure to give way in a hot climate. The guns we splice are dove-tailed and pinned, and are allowed to be used in garrison service. William Hamilton—l have been thirteen rears an African merchant, and know the trade. I would not send out spliced guns, and do not consider them fit article, for that market. Robert Harrison—l have been ten or twelve years in the African trade. I never inspected the guns before sending them out. I never heard of a spliced gun till these were shown me. I should think they were not fit for the A frican trade. Charles Pugh—l am an upholsterer and cabinet-maker, and have made furniture for the African market. I think glued joints would not be fit to send. We dove-tail and mortice. It would not hold without that. Arthur Lewis—l have been thirty-five years an ivory broker. The best quality of ivory comes from sor 10 degrees south of the line. The best quality fetches 321. the cwt. In June, 1840, I was employed by the plain tiffs to sell ivory brought by the Medora. 'the quantity sold was 5 tons 5 cwt., and•fetched something more than 2,400/ It was then proposed to tender evidence of the loss sustained, by reference to the accounts kept by the Cap tain ; but Lord Denman thcught it would be better to leave that matter to arbitration, taking the opinion of the Jury as to whether the plaintiffs were entitled to re cover or not. If the Jury was of opinion that the plain tiffs were entitled to recover, the damages could be very properly referred. Mr. KELLY then addressed the Jury for the defendant. He could not view without indignation the attempt making by the plaintiff to recover so exorbitant an amount of damages. In the present case the defendant, in the regular course of business, sold 400 muskets of a particular description ordered, as he was prepared to prove. The price paid for them was about 1801., and of that number somewhere about one hundred were returned as being unsaleable, the value of which was between 401. and 501., and the plaintiffs instead of claiming the difference in value between these muskets and sound ones, which might be something between 101. and 20/.-instead of claiming the full value of the muskets sent back, they ask the jury to give them a sum of nearly 700/. • He be lieved the good sense of the jnry would at once scout so preposterous a doctrine as that the plaintiffs were to be paid for the probable profits they might have, realized under certain circumstances. He would now. call their attention to the contract, and he would be able to show them that the defendant had committed no breach of contract whatever. He would show, by the evidence of persons long connected with the trade, that the defendant had executed the order accord- The order did not sp ec ify any usualing to the and m ercant il e mean i ng attac h e d to i t . particular musket, and the price being such as indi cate d an i nfer i or d escr i pt i on , th e defendant supplied the qualiti answering to that price. There were two class es of rower guns, and when the best quality was not specified, and the price, as he had said, at least Is. each below that at which they could be sold, he would show that it was the custom to send the inferior description. Hampden S. Priddie—l am foreman to the defendant. I have been so fbr ten years. He supplies the Ordnance and East India Company, and is one of the largest con tractors in the trade. There are long and short Tower guns, and second-hand Towers. We send large quanti ties of guns to the African market, In 1838 the price of second-hand Towers was 9s. to 9s. 6 1., and the new ones were 10s. We have frequently spliced the second hand guns below the tail-pipe. We have sent many thousands of them to the African market, and never heard a complaint of them till the present time. The . guns' supplied to th e pl a i nt iff s ' or d er, were secon d-b a nd Towers. I inspected them all, and they were every oLo sound as to the splice. We never supplied any second-hand guns to the plaintiff before, but the price was lower than we had ever received from him before. We have had transactions with the plaintiff for a considerable period. I have no doubt the guns sent back have been damaged by salt water. When Tower guns were ordered for the African trade I should not understand that new guns were required. That would depend upon the price. We call the old Oovernment stores second-hand Tower guns. I knew the plaintiffs were engaged in the African trade, but I did not know the guns were wanting for that trade. The guns may be about 15 or 20 years old. As they are now they are fit for no market. George Lovell—l am Government Inspector of small arms for the army, navy, and ordnance. The condemned arms have been sold of late years. Many of the arms, about 30 per cent. of those that have been 10 or 12 years in the service, are spliced. That was authorised by Lord Hill. Even regiments in warm climates have spliced guns, and they stand very well. I examined some of these returned guns. I should say the greater portion have been wetted with salt water. The barrel and lock of the Tower gun is certainly a much better article than the new. Cross-examined—l should not send out spliced guns as new ones to the regiments of the line, but I should to the colonial militia and the secondary service. (The witness was shown some guns, and he said that two had their backs broken and two were doubtful.) Re-examined—These broken backs might have oc curred four or five years ago by carelessness. Mr. Foster—l have been extensively engaged in the African trade, and in shipping guns. I have generally purchased .from the present defendant. For 95., in 1838, I should say you must expect an inferior gun. 1 have frequently sent out of late 9s. guns to the African mar ket. I have heard no complaints. Cross-examined—l do not recollect any guns being re turned two years ago by Mr. G. Smith, of Akra, on the coast of Africa, on account of their bei ng s pli c ed. Mr. Lacy—l have carried on the gun trade thirty-five years, and have shipped guns for every part of the world. I know Tower guns. Many me spliced and second-hand. I have shipped such guns for the coast of Africa. Mr. T. Stewart said he had been in the cavalry, and that spliced guns were used in the regiment. Mr. Priddie recalled, said he had found six, eight, or ten of the guns in Court with broken backs, but they had not been sent in that state from his house. Mr. TIIESIGER replied. Lord DENMAN summed up, and concluded by saying, the question for the Jury was, whether or not the article was a fit one for the African market. The Jury returned a verdict that 110 or 116 of these guns were not fit for the market in question, which was, of course a verdict for the plaintiff: Lord DENMAN then said, with respect to the question of damages, the Jury must take into consideration, be sides the price of these unfit guns, all the other losses which the plaintiff had incurred in consequence of this breach of contract, such as the crippling of his trade, ex penses of delay, &c. The Jury returned 1021. Is. 3d. damages. COURT OF COMMON PLEAS, Dec. 21. (Sittings in London, before the LORD CHIEF JUSTICE and a Special Jury.) LEGGE V. BOYD. This was an action against one of the collectors of Customs of the port of London, to recover the value of 25 hogsheads of tobacco, damaged by unavoidable acci dent, which the defendant refused to deliver up on the tender by the plaintiff of a duty less than that to which the tobacco as first imported was liable, but, as the plaintiff alleged, equal to the whole price the tobacco would fetch in the market. The action was commenced in 1836, and in 1837 issue was joined on the defendant's plea of " Not Guilty by the statute," but in conse quence of a motion to alter or add to that plea, the case has been detained before the Court in banco, until the present sittings. The Attorney-General, Sir Thomas Wilde, and Mr. Sergeant Spankie appeared for the defendant, and Mr. Sergeant Channell and Mr. Martin for the plaintiff. The Court was occupied almost the whole of the morning in hearing evidence and argument as to what should be taken as the actual state of the record. It was ultimately decided that the case should go to the Jury on the general issue, according to the plea of not guilty by the statute. It was further agreed that instead of raising a special case upon the clauses of the Act, for decision, a full and special verdict should now be taken on the evidence, subject to the direction of the Judge. For the plaintiff, it was shown that the tobacco in question was part of a cargo shipped from Plymouth for Londonderry, on board a vessel named the Sarah, by the wreck of which, off Torbay, the cargo was lost except these twenty-five hogsheads in question, which were conveyed to St. Katharine's Docks. They were valued by two brokers, who were of opinion that the t o b acco would not fetch more than from is. 11d. to 2s. 9d. per lb., the duty being 3s. per lb. Then, as the Ware housing Act makes provision for a. remission of part of the duty in such cases, the plaintiff, by his broker, ten dered to the defendant, the collector, the amount of duty at 2s. 9d. per lb., being the whole market value of the article, according to the opinion of the duly qualified brokers. Mr. Boyd refused ro accept the tender, or to sign an order for the delivery of the goods, without pay ment of the full amount of duty. The ATTORNEY-GENERAL for the defendant said, that the action was improperly brought against the collector, who, according to the 15th; 23J, and 27th clause& of the Warehousing Act, had no discretion in the Matter, and was bound to act by the orders of the Commissioners. Further he contended that although the Act ! ga,ye the Commissioners the power of abating the dut3 4v:certain cases, it left them expressly the sole judges of thltUabittipft meat in all cases, by their ow.n.diseretion solely ; and it was in no case imperative upon them to make any abate ment, be the evidence of the brokers what it might. It subsequently appeared, that since the commence ment of the action the plaintiff paid the full duty upon six hogsheads which were less damaged than the rest, and the case went to the Jury in reference to the nine teen remaining hogsheads still in th e ware h ouse . The Jury found for the plaintiff, subject to the deci sion of the full Court on the interpretation of the Act. LIBEL—PISANI V. LAWSON. The defendant is the responsible printer and publisher of the Times newspaper, and the plaintiff brought this action to recover damages for alleged libels published in that Journal, and maliciously and injuriously reflecting upon the character and conduct of the plaintiff as chief Dragoman or Interpreter to the British Embassy at Constantinople. The defendant pleaded, first not guilty, and secondly a justification. . The ATTORNEY. GENERAL, with whom was Mr. TAL FOURD, stated the case for the plaintiff. He premised that a public Journalist had a perfect right in this coun try, freely to discuss and to comment upon the conduct of public men in public matters, so long as they abstained from specific charges which were false, and from malicious attacks upon private character. Al though he disapproved of the coarse language, and the vague and violent charges which were sometimes intro duced into those discussions, he had always recom mended, and always would recommend, that no notice should be taken of writers who indulged in that way, un less they made some specific charge which admitted of direct disproof. The libels of which the plaintiff now complained conveyed distinct charges of incompetency, dishonesty, and treachery on his part, in the discharge of his duties as a dragoman to the British Embassy. These libels were, to use epithets borrowed from the language of the writer himself, "monstrous and hideous." They appeared in the letters of the Times' Correspondent at Constantinople, in March and April, 1837. The first article commenced with what professed to be an exposition of injudicious and mis chievous policy. on the part of Lord Ponsonby, and all preceding Ambassadors from this country to Turkey in the choice of a medium of communication with the Ottoman Porte. That was a fair and proper field of discussion for a public journal, and, if the writer had confined himself to it, without falsely attacking an in• dividual, the plaintiff could have had no reason to com plain. But the article stated that the Peraotes, or natives of the suburb Pera of Constantinople, were pro verbially ignorant, dishonest, and treacherous—who made cunning and villany a trade ; that it was from those persons the European States had all formerly been accustomed to choose their interpreters, but that of late years only the English and the Russian Embassies con tinued to employ them. The writer argued that the consequence was, that the interests of England were sacrificed, and the secrets of our Embassy were sold to Russia. In conclusion, the writer stated that he had the means Of producing facts to prove that the Peraotes, who were then acting as the dragomans of our Ambassadors, were incompetent and treacherous, and were sub servient to Russian interest, through the influ ence of their brothers and other relatives, who filled similar situations in the employment of Russia. In the article published in March, the plaintiff, already clearly indicated in the former article, was expressly named, and accused of ignorance and want of probity. The Learned Gentleman, in conclusion, expressed his surprise that the defendant, having pleaded a justifica tion, now declined to offer any evidence in support of such heavy and injurious accusations. He then called— Count Alexander Pisani, who said he was keeper of the archives of the British Embassy at Constantinople. The plaintiff was his brother. Their fatnilywas of Italian origin, but for some time settled at Pera, where plaintiff and witness had been born. Several of the family had b e en, and some still were, interpreters to European re presentatives. Plaintiff's brother was in 1837 chief in terpreter to the Russian Embassy, and other relations were in the same employment. There could be no,doubt that the articles in the Times pointed to his brother. That was generally believed by those who read the Times It Constantinople. He could not say how many, or how few, there were in that city who read the paper. The Somerroa-GENERAL, for the defendant, the:t ad dressed the Jury, contending that there was nothing in either of the articles in question at all re flecting injuriously upon the plaintiff. The only pas sage which alluded to him directly. was the last in the second article, wherein it was asserted that an English gentleman succeeded 'in obtaining the firman for the English navigation of the Euphrates, after the plaintiff had received a direct ref est. , ' from the Divan. That was a mere statement of fact, conveying no imputation upon the moral character of the plaintiff. The'LORD CHIEF JUSTICE said it was for the Jury to say whether they believed that the writer of the articles in question had confined himself to the fair discussion of a subject, undoubtedly of very great importance to this country, or had maliciously made that discussion the medium of injuring the character of the plaintiff. The Jury, without leaving the box, returned a verdict for the defendant. SE 30 ND AR IE S' COURT, Dec. 21. (Before Mr. Secondary JAmEa.) LEWER V. RENTAL L. Mr; HUDDLESTONE said this eras an action brought by the plaintiff, a furrier, to recover a balance of 121. 10s. al. for goods sold-and delivered to Moses Rental], the defendant, a cap-maker. The defendant had pleaded first, infancy ; next, payment ; and next, never indebted. He, therefore, - supposed that he should be met by a defence of infancy, but how such a defence could be sustained he was at a loss to imagine, for the person who had given the order was an old man with a long beard. The learned Gentleman then called the follow ing witnesses : Henry Watman—l live at No. 2, Osborne-place, Brick lane, and am a journeyman furrier, in plaintiff's employ. I know the defendant, Moses Rentall. He is an old man, with a long beard. He is between 60 and 70 years of age. In 1839 defendant and his wife came to plaintiff's shop, and gave an order for brown mock sables. I cannot say the quantity. I cannot tell exactly what. Mr. HUDDLESTONE—What was the quantity ? Mr. PRICE—He has already said twice he cannot tell you. Mr. HUDDLESTONE—What was the number of mock sables? Mr. PRICE—lie has said several times he cannot tell you, Mr. HUDDLESTONE—I must insist on my right to re peat the question. Mr. Secondary JAMES—You cannot insist on what is irregular, and it is decidedly irregular to put the same question three times over. • Mr. lIIIDDLESTONE—I must insist on my right to con duct my examination in my own way, and if my witness does not understand the question, I must repeat it, and with due submission to the Court, I shall do so. I never act irregularly or improperly. Mr. Secondary JAMES—You are acting irregularly and improperly now. It is a great waste of time. Mr. HUDDLESTONE would, notwithstanding, with due submission to the Court, insist on repeating his question. The witness, in answer to the question, again stated he could not tell. He then proved the delivery of cer tain quantities of lamb-skins and mock sables at the de fendant's residence, 22, Belolane and a subsequent ap plication .to the defendant's wife for payment, who pro mised to pay as soon as defendant should return. Cross-eAamined by Mr. PlucE—Saw young Mr. Moses Rentall on these occasions with his mother. Young Mr. Rentall had frequently been in plaintiff's shop with his mother. He appeared about eighteen. Ho lived in Bell-lane. The mother and son lived together there. Has seen the old - gentleman there once ; that was in 1840. Has never seen him anywhere except at plain tiff's and in Bell-lane. Cannot rightly say if the old gentleman was living there ; the young gentleman was living there. _ _ This was the plaintiff's case. Mr. PRICE said, undoubtedly there was alit'. Alyers Rentall, an old man with a long beard, but .he,had never anything to do with these transactions. The.defendant in this record was Moses Rentall, the young man ; he had been served with the process ; he was a fur-dealer; he was the defendant in this record, and he (Mr. Price) should prove he was an infant. Dr. fouls Ashenheim was present when the ceremony of circumcision was performed on Moses Rentall in the year 1824. It was performed in due time, and by the Jewish religion it must be performed within eight days of the birth of the child. Witness knows old Mr. Rental!. He is a teacher of :Hebrew, and a Rabbi of the Syna gogue; and has never been in trade to witn ess ' s k now l e d ge . Mr. PRICE then called Mr. Myers Rentall, and a vene rable patriarchal looking individual, with a long white beard reaching to his waist, entered the box. Mr. HUDDLESTONE objected to the examination of the person tendered as a witness, inasmuch as he was the defendant on the record. The witness Watman, on being recalled, and having Mr. Myers Rentall pointed out to him, said, that is the man that gave the order. Mr. PRICE contended that the old man was a compe tent witness ; he was not the defendant, he had never been served with the process. Mr. Moses Rental' had been served, had appeared to the service, and was, there fore, the defendant. Mr. Secondary JAMES must refuse to examine Myers Rentall, as it appeared from Watman's evidence that he was the defendant. He would, however, make a note on the subject, and give Mr. Price leave to move. Mr. Cohen was called to prove that old Mr. Rentall had never dealt in furs. Mr. Secondary JAMES—That has nothing to do with the question. I have already decided that the old gentle man is the defendant. Mrs. Rentall, the mother of Mr. Moses Rentall, jun., was then tendered as a witness, objected to, and rejected on the same grounds. Mr. lIIIDDLESTONE, in reply, expressed his regret at having been, during the progress of the case, led away by his feelings to give utterance to expressions for which he was exceedingly sorry, and for which he begged to apologise to the Court. The Learned SECONDARY acknowledged the apology of Mr. tiuddleston, when Mr. PRICE tendered young Moses Rentall (a beardless youth) as a witness. Mr. HUDDLESTONE objected. Mr. Secondary JAMES would admit the witness, but would make a note of the objection. The witness then said that Mr. Myers Rentall did not live with him, and had never dealt in fur in his life. That he (witness) was a fur-dealer, that he had ordered the goods in question of plaintiff; and that he had sometimes sent his mother to give his orders to plaintiff The bill produced in plaintiff's hand-writing had been sent to wit ness from plaintiff's shop. Witness had purchased lamb skins and mock sables of plaintiff, and had paid plaintiff money on account of these transactions. had sent the money by his mother while he was travelling about the country wills furs. Had agreed to pay plaintiff 2s. 6d. a week for the debt. Had stopped because he had no money, and thus this action had been brought against him. Cross-examined—l am l7i years of age. I cannot ay how many times •I went to plaintiff alone. My Mother did nct always accompany me. Mr. Secondary JAMES —Were you served with a copy of a writ in this action ?—I was. It was left at my father's house and given to me because it was in my name.—The copy of the writ was then produced. Mr. HUDDLESTONE in reply, said—He would put it to the Jury whether they had ever heard of a mbre im pudent attempt to cheat a plaintiff out 'of his money than the defence set up to this action. ' '‘i Mr. Secondary JAMES having summ e d u p, The Jury returned a verdict for the plain tiff---Da4ages 121. 10s. 6d. SHERIFFS' COURT, Dec. 21. JACKSON V. ASH. This was an action to recover the sum of W. 15s. Bd. for money advanced by a Loan Society. Mr. C. JONES appeared for the plaintiff, and said that the defendant had some time ago borrowed a sum of money from the North London Loan Society, which sum had been reduced to that named in the declaration, and which was to have been wholly .liquidated by weekly instalments. The plaintiff had been surety for the de fendant, and had paid the remainder of the debt due to the Society for him. The defendant stated in his defence that he.had paid 4L 16s. for costs, &c. for the plaintiff, and other payments, which reduced the debt to 2/. 16s. 6d.. which being proved a verdict was taken for the plaintiff for that amount. COURT OF BANKRUPTCY, Dec. 21. IN THE MATTER OF ALEXANDER LEVI NEWTON. The examination of the bankrupt, which had been adjourned from yesterday, was again resumed to-day at two (Mock, at which time the Court was crowded by persons anxious to hear the result. Upon being sworn, he underwent a lo ng exam i na ti on by Mr. Clarkson with respect to an item which appeared in his books, to the following effect :—" Paid to J. L. the sum of 437/." This sum was the exact amount ne cessary to close an account, but the bankrupt swore that he never saw that item before, neither did he order it to be written. Mr. Edward Herbert deposed that he was in the em ployment of the bankrupt, who distinctly ordered him to write down that particular item ; and upon asking who J. L. was, he replied,." Never mind, write what I tell you." Mr. CLARKSON then-proceeded to examine the bank rupt with respect to certain erasures which were in the cheque-book and ledger, and which the Learned Counsel contended were done to defraud his creditors. It ap peared that he had consigned goods to the value of 1.6001. to his nephew Lewis Arie, who was residing in Kingston, Jamaica ; and although the account, as entered in his books; showed a balance of 8941. remaining due, yet the bankrtipt wrote:the word closed at the foot of the account. In explanation he said he w as no t y e t aware whether the goods had b;en sold at a profit or a loss, as he had received no . advice from his nephew yet. A conversation then took place between the Court and the Counsel, and, finally, the case was ordered to stand over till to-morrow. POLICE INTELLIGENCE. GUILDHALL. On Monday Inspector Marchant, of the City Police, waited upon Sir Peter Laurie, by order of the Police Commissioner, to give some explanation respecting two offences committed in the Alderman's ward. Sir PETER LAURIE stated that he had received a letter from a respectable inhabitant of Noble-street, complain ing that his house had been twice burglariously entered in a fortnight with impunity, and that the police were so inattentive that property was not half so well watched now as under the old watch system. Sir Peter wished to know what information the Inspector had respecting these robberies. The Inspector stated that he had been informed of the circumstances. The premises were not broken , open, but entered by a false key, there being no person in the house to take care of it. Sir PETER asked how the parties had got away unde tected with their booty?—lnspector Marchant said that on one occasion all that was taken was 30s. in cash, and in the other a suit of clothes and some cotton balls. The key enabled the thief to enter in a moment. He believed he had a clue to the thief. At these very premises the person in charge of them left one end of a bar unfastened on Saturday night. Sir PETER observed that these robberies were each committed on the Sunday. More houses were broken into on that day than any other in the week.—The In spector said that was because so many houses were left unprotected then. Sir PETER said, he understood the feelinc , of insecu rity was such, that in many places the inhabitants em ployed private watchmen.—The Inspector replied, that was the ease in the very street of which Sir Peter was speaking. There was a private watchman, who was never out of the street during the whole night. UNION-HALL. _ Monday Jeremiah Flinn and Michael Mannich were brought before Mr. Trail! , char ged with violently as saulting Mr. Henry Hawkins , of Elm - court, Te m pl e, and two other gentlemen, en accompanied, w tle i ni th e rnte n n a t m to ed ro ibiathwekme,. by whom he was Mr. Hawkins, whose face was disfigured owing to the violence of the attack made upon him, stated that on Saturday night, about half-past twelve o'clock, in return ing from a friend's house a, Camberwell, accompc a Al by 241r.,liawk.e, and his brother, they were attacked by four men. He (Mr. Hawkins) was walking arm-in. arm MORNING SUN rat with his two friends, when, in passing the end of Bowyer-lane, a gang of five or six men, who were g. , ing in a contrary direction, came upon them, and before be had time to distinguish the features of any of them he was struck a violent blow on the bridge of the. nose which knocked him down into the mud. While he was lying on the ground two other fellows fell upon him, with whom he had a severe struggle, during which they beat . him about the body ; and he attributed their not having robbed him besides to the circumstance of his having h is great coat on, which was buttoned tightly from the nec k down to the lower part of the waist. He felt the hands, - of one of his assailants round his waist, as if he was feel ing for the pockets wherein he kept either his watch or his money. During the period occupied by the attack upon complainant, his two friends were assaulted by others of the gang, who all ran away down Bowyer-lane when an alarm was made and the police called for. 3 r% Hawkins added that he subsequently went in pursuit of his assailants, and succeeded in securing Mannick, who ran up a court leading out of Bowyer-lane, where he was found concealed behind a water-butt. The other prisoner was taken into custody within a short distanc e of the spot where the outrage was committed. In reply to Mr. Traill, the complainant said that he was walking between his two friends at the time he was struck, and that they were going quietly along conversing when he received the blow which felled him to the ground. • After some further evidence was gone into, the priso ners were remanded for further examination. THAMES POLICE. On Monday James Reeves, a shipwright, of No. lit Randall -street, Poplar, was brought before Mr. nr° - derip, charged with committing an assault of an aggro' vatdd and eowardly description on Sarah Ann Page , s respectable married woman, residing at No. 5, Lime house-causeway. The complainant stated that she was in Poplar about eight o'clock in the evening, and the prisoner came up to her, and in an impudent manner asked her if she knee' him. She told him she did not, and he then invited her to take hold of his arm, which she refused to do, and quickened her pace for the purpose of relieving herself from the annoyance. The prisoner kept up with her, and as he went along put his arm round bee waist.. She begged of him to leave her alone, and said if he did not he would be sorry for it. He still continued putting hit arm round her waist, and afterwards conducted himself in a most gross manner, and tried to throw her on th e ground. She remonstrated with him on the imsroPrietY of his behaviour, and said he should suffer for having it " suited her. The defendant, on hearing this, becam e more violent than ever, said he would split her head ope n, and made use of the most abominable e x p ress ions, wPi e .," she was ashamed to repeat. She struggled and got 1 0 1% from hitn, and went hcme and told her husband wit: had occurred. Her husband accompani e d her to house where the prisoner lodges, in Randall-street , u e . while they were knocking at the d oor th e p r i s oner 0 0 " home, and was given into custody. In answer SO ques tion:, by Mr. Broderip Mrs. Page said she threatened tio . scratch the prisoner's face when he t oo k liberties wi t ' her, and that the place where he assaulted her was vel d dark, and that he detained her ten minutes, and beha ve most improperly. grid The prisoner, in defence, said h e was ver y tip Y' -ne excited through drink. He was very sorry for acted as he had done. Several witnesses were called, who said they had kne w ,: -1 the defendant a long time, and knew him to be a Ve.l respectable young man. Mr. BRODERIP said, the conduct ct the defendant wrns .not very respectable. He had been requested to dill s : of the case summarily, and should do so. He fined t",. defendant 41. for the assault on Mrs. Page, and 20s• f t " - the assault on the Police-sergeant. In default of Per months ment, the defendant would be imprisoned for two The penalty was immediately paid. WORSHIP-STREET. J AI a RIDING DOWN THE POLICE.— al Mr. John Gr.--4,11 master plumber, living at Edmonton, was charged ",1 1 0 % having driven his horse and g i g among a file of E)011.0. men, whereby three of them had sustained various inill Ti on Sergeant Peck, No. 7, stated, th a t, a t n ine o'cloeh. the preceding evening, he was p ass i ng along s tole e Newington-road, wit with a body of policemen, ° 'we i te ri on their way to their respective beats for the w night,, the the prisoner, who was driving his h o r s e and gig I n „ s y same direction, overtook them, and drove in atn e " „ fbe them. One of the policemen was kno c ked down by horse, and the wheels of the gig passed over hirn, . a two other men were slightly injured. He cons ider v_. that the act was a wanton one, as the road was a t lea .t twelve yards wide, and there was no other vehicle neof the spot. The prisoner was intoxicated at the time the occurrence, Se" In answer to a question from th e Magistrate, th e t he geant said, that the relief parties of p (-) olice were i n habit of walking in the road by direction of the "' missioners, in order that th e y might pass along wit tmit causing any obstruction to passengers on the footweY• Mr. BINGHAM said, he should order the prisoner pay a fine of 60s. for assaulting the police, together w ' w 40s. for incautious and negligent driving. The fines were immediately paid. A donation of ICI. from the Goldsmith's ConlPu.T',Y, has been received by the Magistrates, for the relie f of im , distressed and deserving poor of the district. -40 er zo • _•; FUNERAL OF THE LATE LADY ANNE L . `" d 71' PATIUCK.-The remains of this much-respcetu d amiable lady were interred on Friday last in the fa vault at G rafton Underwood, in the p resen ce Of the Right Hon. Vernon Smith, M.P., chief , mourner ; ,Lilford, Baron Robeelc. the Hon. and Rev. M.Fillem Hatton, the Rev, Sir George Robinson, Bart., the 1?,01 5 : G. Stopford and J. Miller, W. Fitzpatrick, & c . Rev. T. Cooke, the Rector, officiated, and it was evide_ A n. how deeply a large assemblage of persons were affeq e r, by a repetitien, of the same solemn rites so lately Psiu t ; the beloved sister of the deceased. The procession th e attended by a long train of carriages belonging t ° :,. st nobility and gentry of the neighbourhood, at1%14 which we noticed that of the Earl of Cardigan, Capel Broke, &c. firtisa r ' s There is a stout controversy betwe e n the li- xanc y, - of a railroad from Paris to Strasburg by Mctz ° r Dijon• and of one to some _important frontier town by offer... The principal towns on each line make larg e Nancy Troyes proffers 20,6001, in ,support of the on c e ; „ s hurg 20,0001. for the commencement of the other. ':'‘ r- be tted is, of course, for the more direct line; and this is %burg. by the Finance Minister, who is Deputy for Su's' t oo The military people declare against the direct line , t he far north, and too near. the Prussian frontier on so t Saarre. The Courrier Francais says that two great lines, such as that to Belgium Strasburg, exclusively for the north and east, would , o f z cite the jealousies of the south and west, the der uti L e t. which would league together to throw out the P r ` o .' by Better, it says, to run the indirect line to Strasbu r g t he Dijon, which would also be a line to Marseilles anuoity 45 Rhone. This discussion is carried on with more v iva , to -1 from its being known to • be the Minister's intentioihief devote a certain portion of the loan to one or two c taildl;etxt°. I railroads. ,: • It is understood in the City that the subor-frnate • nt o officers of the Board of Trade are making inquirie s s r ur every department of business, with the view, it is t he posed.. of, subrnitting facts for the consideration billy ; Peel Cabinet. In Mark-l ane th e y h ave been very du ce they have now turned their attention to the P r° markets and-to the Customs departments. E. J. DENT, 82, Strand, by Special APP the ment CHRONOMETER and WATCHMAKER to gT, QUEEN and his Royal Highness PRINCE AL obtained the great Gove rnmen t R ewar d f o r the unequal l 7fi r f - ty r .., ,alt formance of his Chronometer, No. 114, which only variem co , four hundredths of a second i n twelve mouths. In additrral)4o this distinction, he has just received, by order of the Commissioners of the Admiralty, the highest reward ne w g' by their Lordships for the good performance of time-keq s e t .lo:' Mr. Dent, anxious to remove any prejudice which might et , to his general businesi from the idea that his attention ig to elusively devoted to instruments of the highest order, . heit s th e state, that while his principal care is ne cessa rily directed to latter, he is not unmindful of the manufacture of watclif which, while they are greatly l ower i n p r i ce , are suffi cien accurate for all ordina r yp urposes , an d w ill, th e refore, be 1 11 7;; $ most in demand. The whole of his extensive stock of 'ga te d lif has had the advantage of his selection and examination, an i* has arranged a department, under competent s uperiuteu o ;o for offering to the public good plain watches at as low a P ri t iei.• is compatible with an y p re t ens i ons t o corre ctness, fully an n. gating, from an incr ease o f b us i ness , an advantageous c oin yj sation for reducion in price. Ladies' or Gentlemen . - - Watches, from.lo/. 10s. eac h ; sil ver ditto from 4 1 . 4 ''' Straad. 14 nufg e- PLATE.—T. COX SAVORY v.° l- f r oin • turing Silversmith, No. 47, Cor n hill, London. seven d 7T r E.I OI Gracechurch-street. The best wrought FIDDLE PA The SILVER SPOONS and FORKS, at 7s. 2d. per eanl e , oil following are the weights recommended, but the artic be had lighter or heavier at the same price per ounr.T. A.s. „ oz. s. d* re I 5 ' 12 Fiddle Pattern Silver Table Spoons 30 at 7 2 .. - 7 0 1 12 • ditto Dessert ditto 20 7 2.. -ji 0 10 ' 4 12 dor o '1 able Forks 3O 7 2... 7 9 a 12 ditto Dessert ditto 20 7 . 2 *** gti °. 2 ditto Gravy Spoors lO 7 2 *** gll ' , 1 ditto Soup Ladle. lO 7 2 •* . - If 2 ' ' 4 ditto Sauce ditto.. lO 7 e— ? 0 4 1 4 ditto Salt Spoons (gilt 5tr0ng)....... ....... ••• 2 10 ; I ditto Tea a h sSpliz.... .............. 1 . 0 . .... ._ .7 ... 7::: so 1 1 4 3. 7, (1 : / Sugar Tongs (strong) ..... —...... .... i ............ 12 ditto 1 pair ' ditto N. B A Price Current, stamped as a Newspaper' to o ff by drawings, and containing every information relative lice; purchase of silver or Sheffield plate, may be had ", • l' r n r ssiOk , tion, or will be sent into the country, free of postage, ln - to a paid letter. BIRTHS. son On the Bth inst., at Ni ce , M rs. T. R . B ow ling, a a ° burr On the 18th in-t , th e w if e o f M r. R . Hilh ou se, of Fins place, of a aon. , „. T k, the POn the 19th i ns t., at Cambridge-terrace, H"— lady of J. W. Harrison, Esq., of a daughter. n w o i er, un the 19th inst ., the wife of the Rey. James —e of a daught er . ___.------ _.- MARRIED. Wa rd On the 9th inst., at the British Embassy Florence, Pellew Mainwaring, Esq., eldest son of Capl an R. ..Mainwarl R. N. of Whitmore-hall and Biddol h, Stafford, to Caro" widow of the late D. Trant, Esq. P ch On the 16th inst., at Sidmlth, Devon, William - --ariter' Esq., M.D., (late surgeon East India navy), of Iffracombf,w, Georgina Frances Dod,ley Flamstead, eldest datOte r . D. Flamstead, Esq., of Little Hallam, Nettingl2L..._...—/nshire— DIED. • On the 20th of December, Mr. John Element , of the Bri•ish Coffee-house, Cockspur-street, aged 55. he late On the 15th inst., in Norri;-street, Ann, relict of t Charles Bale, Esq., or Albemarle-street, aged ti 2. ~03 10 On the 2d inst., at Freernan's-court, Cornhill, Michael Russell. Whitelock es On the 16th inst., at Boulogne-sur-Mur. J. Esq., late Inspecting Surgeon of Hospitals. f he n e° ' On the 17th inst John Hasl)eb, Esq., eldes t son 0 - t J. On Haslthoce 17 K t h, h in enti st. sh-toatwnDugmfr 27 ies, Captain John , aed . Ponsonlip R.N., late of Springfield, ' Cumberland. - - London: Printed and Published by MUBDO YUU.Nu No. 112, Stran 1. at 'The Sux, Office, No. 112, Sira,rd 1 ,' l , the * County of Middlesex, Wednesday, Decem ber rip • • -~. , or t Satt r Satu B attl Batu, B ot t, ‘Wil I‘-4 1? ' d .1 '--- ttn t