The Sun. — London, England, 1828-12-18 00:00:00

FOREIGN INTELLIGENCE. .FRENCH PAPERS . (From the Messager des Chambres, Dec. 15. did; but it is far from being extirpated. Many persons die. Some thousand Russian infantry, and two companies of artillery from the corps be sieging Silistria, have arrived in this city; the remainder of the corps proceeded pa r tly t o Hirehova, where it ,passed the Danube, and partly towards Varna. Almost the wh o l e of the heavy artillery has been brought over to the left bank of the Danube. The Turks had attempted to pursue the army of Si• listria in its retreat, hilt they were kept in check by the able manceuvres of Gen. Roth, who had taken the command of the divisions on the left bank of the Danube, and had 'g one to Varna. Gen. Langeron is to fix his head-quarters at Bucharest for the winter, and to employ himself in the organization of the army. It is said that Gen. Geismar will come to this city, and concert measures with him. We learn from Belgrade that letters have been re ceived from Constantinople to the 15th Nov. They mention the retreat of . the Russian troopi from Shumla ; but say nothing of the operations of the new Grand Vizier.—Augsburgh Gazette. (From the Gazette de France, Dec. 16.) ANCONA, Nov. 24.--It is positively affirmed that a copy of the protocol of the last conferences at London, fixing the extent of the Greek territory, and limiting it to the Mores and some islands in the Archipelago, has been sent to the three Ambassa dors. It. is also thought probable that the French expedition will be recalled as soon as the delivery of the fortresses to the Greek troops shall have, been completed. This will be accelerated by the. ap-, proaChing arrival of Colonel Fabvier, who, it is said, is commissioned by the French Government to orga nize the land forces of the Greeks. Within these few days several Russian couriers, have passed through this city,- going to the fleet in the. Archipelago- or coming from it. FAENCH FuSus PARTS, . DSc. 19.--Five per Cents., 1061. 95c. 90c.; Three per Cents., 731. 75c. 80c. 85c. 80c. ;' Bank Stock, 1,850 f. ; Naples Stock, 771. 75c.; Royal Spanish Loan, 19. 80. ; flaytian Loan, 5961. 25c. Exchange on London, Gra month, (paper), 25f. SOc. ; (money), 25f. 25c.; three months, (paper), 251. 10e.— Cours Authentique. CATHOLIC MISSION'eTOENGLAND. The follOWing, copied from the DtAiits Morning Post of Tuesday, are the letters, which were sent by abe diffeient Irish Catholics Who were applied to on the subject of the illission to England •My DrAR Stir-=-I haee had the honour to receive your letter, in which , you are' kind `enough to inform tile that I have, been requested to join the Mission to England, lately appointed by theCathalic.Agisociation. I must beg of you-to eskuitnunicate to the other gentle. men named to go on fhe intended'illission to England, my regret at being unable•triaceortipanY them- . .--a'regrOt, how aver, considerably dimit fished, from the ebovietion I feel of say,, total inadequacy to perform the very important and difficult.daties which I,coaceive to be attached to the pro.; posed Deputation: , Allow me fiiiiher to requiast, that you will be so good as to convey to my'ebffering fellow Catholics the deep sense of s gratitnde I entertain for this nosh 'math of their con& deuce, and to assure thaw that, although many don:testis circumstances preclude the possibility of my leaving Ire land at present; I shall be always ready to co-operate with them in the just, peaceful, and constitutional struggle they are now making for the recoverynt "our civil rights. • I have the honour, &c. &c. • Dec. 10, 1828. KILLEEN. N. P. O'Gorman, Esq. Mir DEAR Sia—l have just bad. the pleasure to receive your letter, wishing to know whether I can aceorupany (with all convenient speed,) the Catho lic Mission now about to proceed to England, in answer to which I beg to state, that it is impossible for me to leave home at presait. Believe me to remain, your very faithful servant, Nicholas P. O'Gorman, Esq. GOR3fANSTOWN. MV Dan n O'Geforn x-1 have been favoured with your obliging communication : I sincerely regret it will not be in my power to have the honour of attending on the Mis sion to England. I remain, with much respect, • FFRENCIf. Dews Strt-.4 beg leave to say, that though I feel highly &meted in having been chosen by the . Association, must, (Wine the honour, as I cannot at present leave this country. I have the honour, &c., N. P. O'Gorman, E.g. E. PRESTON. FKOM THE HON. THOHAS BROWNE D BROTHER" TO Vint EARL KEN)IARE. 5in...4 have to acknowledge the receipt, by this morn. in;;'. post. of your letter of the 7th. and beg to acquaint ,ou iu reply, that it nil not he in my power to attend the Mission, which, it appears, is about to proceed to England. I am, sir, your most obedient servant, THOM A S BROWNE. N. P. O'Gorman, Esq. Mr. O'Connell, after the reading of the above, declared the Mission at an end. It is understood in well-informed quarters, that Lord Anglesea is getting sick of his situa tion, and Lord Melville, of all men (but it is impossible, for how can Scotland spare him ? or how can he do justic e to the Thanes in such a case ?), is spoken of as his successor. How ever that may be, it is , we believe, far from improbable that Mr. Croker will quit office. He is by no means a favourite, being disposed to labour as little as poss ibl e ; a nd h e i s rich enough to be indifferent to office, having secured a good pension, with survivorship, for Mrs: Croker. It is supposed the Duke will try to • get on with one Secretary, as he is anxious for retrenchment ; so much so, indeed, that the hangers-on begin to be alarmed at some of his demonstrations. Should there be only one Se cretary, Mr. Barrow will be Mr. Croker's suc cessor rather than Mr. Hay. Iteis believed that the outline of the Catholic Bill given by Mr. O'Connell is not far from the truth. The no mination of Catholic Bishops is a subject re specting which little positive is known ; but the plan of Mr. Wihnot Horton for securing the Church against the Popish Representatives is deemed the very ne plus ultra of political w i s d om . We have heard other rumours with respect to a very High Office in the Cabinet, but as a change in that quarter, wh a t ever th e pretext, involves something like reproach—we dare not even allude to it.—Mornin g Chron. The quantity of apples landed from Guernsey and Jersey at Dartmouth, up to the p resent ti me, is about 68,000 bushels, which, allowing 16 bushels to the h ogs _ head, freuld make 4250 hogsheads of cider. A l arge quantity of eider in casks has aiso been landed.—Exa er Alfred. • • A good deal of snow has fallen oti the High land road, particularly in tie districts Of Baderiach and Dratnottchrur. Travelling, however, has not bee❑ aw way interrupted.—Edinburgh Observer. A more than usual number of this year's City Parliament are expected, titi St. Thomas's Day,'lo " bid a long farewell to all their greatness," BUCHAREST, Nov. 27.--We hear that Hussein Pacha has taken up his position between Silistria and Bazardjik, and that his vanguard has even ad vanced as far as Hirchova. The Russian army has, for the most part, 'returned to the left bank of the Danube. Thirty thousand Russians will ;mart) Wallachia; which will secure it from any invasion of the Turks. Considerable reinforcements are also expected from the interior of Russia. The prices of all kinds of necessaries of life have risen considerably. The typhus fever does n ot spread so m uc h as PRICES OF STOCKS THIS DAY AT ONE O'CLOCK. Rank Stock • 210 ISouth Sea Stock — :1 per Cent. Ttod. 36% % % r oid Annuities — 3 ner Cent. Cons shut 'New Ditto — 'l+4 per Cent 95 Ex. Dills, .£l, 000 2d. 65 69 pm. Ditti Red. 95 1 6 Ditto' 500 2d. 66 68 pm. I per Cent. Ditt.„ I-126 , 101 ; % I Ditto Commercial Bmk L. Ann • l9 .-16Illank for Account • India Stock shut !India for Account,..- ..... --- ;on A. nas ... ......... 69 71 pm. ICons. for Acct • SIM% PRICES OF FOREIGN FUNDS THIS DAY AT ONE O'CLOCK. Austrian Bonds Brazilian Bonds — ' Peruvian Bonds ... .- Buenos Ayres Bonds 49 16 ;Portuguese Bonds Chilian Bonds — 'Prussian, Old Colombian Bonds ...... ....... initto, New — Ditto, 1911. — , Russian • 951 Danish - 'Spanish. INI lO V, Greek Bonds Ditto, 19115 — IFrench Rentes, sp. c. Erf. —c. Guatimala — —..—.-- Exchange YU 30c. Mexican Bonds ... —:---- 3 per cent. -.X. —c. Ditto, 1825 .34% . Exchange —.l. —c. _.. PRIM OF SHARIS THIS ➢AY AT ONZ O'CLOWC Paid. Brazilian hop. Mtn. Co. (iss. at 51. pm.) 420. — Ditto National.-- ......... .... 5 Real del Monte Mining Co. United Mex. in. Co. (iaa. at 21. pm.) PRICES OF Ik Bank Stock Consols, 3 per cent Gov. Stock, 344 per cent. 94N Ditto New ......... 4 per Cent . 10144 Gov. Deb. 3Ni per cent !loyal Canal Stock Grand Canal Stock — City Deb. 4 per cent — BAllast Office Deb. 4 p. c 111 A Arrived, Due. O America 0 O Brasil O Buenos Ayrew 2 1 Dublin 0 1 Flanders ' 0 O France 1 O Gottenburgh 1 2 Guernsey &Jersey 0 Per Share. 9% 10 'KS, DUSLIN, nEe. 15. St. Patrick Incur. (par 'Royal Irish Ditto INational Ditto Patriotic Ditto «. ernian Bank I Provincial Ditto Royal Irish Mine Imperial Mine Mining CO. of Ireland CominezciAl Buildings Arrived. • Due. O klarnburgb O Holland O Jainaiea O Leeward Man& O Lisbon 0 • Malta 0 O Mexico 1 Waterford HIGH WATER AT LONDON BRIDGE TO-MORROW. Morning ...52 minutes after 11. 1 Evening.... U minutes after 0. ' op , _ LONDON, THURSDAY EVENING, DECEMBER 18, 1838, The Prussian States Gazette of the 10th inst. contains the following official account of the operations of the Rl:ssian Grand Army, up to the 10th of November, two (lays after raising the siege of Silistria. It does not appear by the Russian account that their loss is at at all so great as represented by the German Journals. But the truth is not to be expected from either party : BERLIN, DEC. 10. The St. Petersbnrgh Gazette contains the follow ng news from the army in the field, from 17th of October to the 10th November. According to the general plan of :the military operations, `the 3d corps of infantry began on the 15th its march from Shumli. Up to the 19th it was not in the least disturbed by the enemy. In considerable marauding parties, which•shewed them selves from time to time in the rear, did not venture to attempt 10 impede the movement of the troops. But on the 19th, when the corps was to piss a woody defile, near the viitage of Acdochda, the rear guard was attacked by the enemy, who bad came from Shumla with 8,000 chosen cavalry, and a de: tachnient of infantry and artillery. Notwithstanding his attempts he was defeated with great loss on his•side, and the march of the third corps 'to the place of its destination was coati. nued without any further interruption from the enemy, though the badness of the roads, in conse quence of the cold and rainy weather, which set in remarkably early for that country, rendered the march every day more 'difficult. This weather alo checked very much the progress of the siege of Silistria. Yet they were:proceeding as quiciapts possible, but when. from the incessant torrents of vain, the ground on which the trenches were to be made tva,3 entirely under water, and the arrival of materials rendered not merely difficult but ;:mpossible, the Corn. lander-in,Chief, General Wittgenstein, resolved on he 2d November to change the siege into a bom bardment, which was kept up successfully for PriP days and nights. Meantime the cold increased to ho *, a heavy snow covered all our batteries and the clay huts of the soldiers, and large flakes of ice appeared in the Danube. In this manner nature itself, by the commencement of a winter of extraordinary severity, even in Northern countries, interrupted the progress of the operations before Silistria, And threatened to cut off the communication between the left end right banks of the Danube, and to stop the supplies of provision and ammunition from the besieging corps. The blockade of Silistria was therefore diccontinued, and on the 10th Novem ber the troops of the second and third corps began their march to the winter-quarters assigned them to Moldavia and Wallachia, in two columns, one of which passed the Danube in vessels belonging to the flotilla on that river, near the village of Kallarasch, and the other at Hirchova, except the sixth division of ins fantry, which, with the cavalry and the troops of the Don, covered this movement. To observe the garrison of Silistria, a strong division of the fleet remains oppo site the fortress, the village . of Kallarasch on the left bank is being fortified, and redoubts erecting at suit able places opposite the fortresses still in the hands of the enemy. According to reports from Varna and its neighbourhood, nothi ng particular had occurred there, and the enemy had no where shewn himself. In Little Wallachia the port of Kalafat has fallen into our hands. Baron Geismar took advantage of the terror caused by the fall of Varna, and by the de feat of tile Paella of Widdin, at Bajaleseht, and re solved to attempt an attack upon Kalafat. After a march of 50 wersts (nearly 34 miles) in one night, h e appeared before the fortress, and the terrified gar rison abandoned it with the greatest precipitation, fly ing in troops to Widdin, in which retreat many were drowned in the Danube. As soon as our troops had. got possession of the fort, they immediately began . to errect additional works on the bide next the Turks, by which Kalafat was put i n a state of corn spel e s s t i e o of efenee against any hostile att ac k . The thispos session fortress is so .far important to us, as Little Wallachia is thereby protected against in vasions from the .right bank of the Danube. Accounts from Tiflis of 4th November refute various successes obtained over the Kurds i n t h e i r attempts to intercept some hundred waggons. and provisions, &c. fittni€,EbS, DEC. 16. Positive information from Magellang, .of 4th August, states that Diepo Nigoro was still at Sinn_ broto, and resolved to remain there, unless our troops should oblige him to leave it. The debates in the Second Chamber relate to the law on the organization of the Courts of Justice. — M Coche Momens is acquitted, and M. Ducpetiaux sentenced to one year's imprisonment, a fine of 500 florins, and the costs. * Reamer, or 189 Fahrenheit below freezing. The last letters from Copenhagen state that the measles had become extremely prevalent in the Capital, so much so that. ,upwards of 12,000 persons had been affected by this .dangerops, disease. We cordially congratulate the Catholik. of Ireland upon the wise determination of the As sociation to abandon the intention of sending a Mission to England. That Mission could do no good to the cause, nor even succeed, we ap prehend, in obtaining the respect due to the Re presentative of the people of Ireland. On the contrary, we think it would tend to alarm rather -than - convince—it would root' yet mote deeply the prejudice of those who are conscientiously opposed to emancipation, while it would aford atnple occasion for malevolence to turn the tide of prejudice more strongly than ever, through the secret channels ofself-interest. The Missior ori ginated with Mr. O'CoN N ELL—it was the crea ture of his fancy, and reached maturity through his guardian—we may say his persevering anxiety—. but there even his influence ceased. The mighty " Agitator" had power to call the Mission into being, but he could not move it into action. And why ?—simply because it was against the good sense of the people. There is a moral in this which may teach moderation in the highest places. The Mission had altogether too much the air of a Quixotic adventure=more calculated to annoy the people of England than to bene fit their brethren in Ireland. It would cer tainly " agitate the friends of Emancipation, but not as 'certainly convince them of the pro priety of doing - so. Far less could it hope to win over admirers to the cause from the adverse ranks, where the more gentle and obtrusive ad vocacy of the English Press had failed to per , suade. .In fact, we think that the proposed, bu' now abortive Mission, was conceived in an er• roneous estimate of English character—and was at the same time paying no great comp. meat to the Metropolitan and Provincial Press of England to suppose that the " Oratorical" Mission could achieve what the calm reasoning of the Press had failed to accomplish. But we acquit the Association of any such expecta tion. The purpose intended was no doubt good but the meards were not equal to the end. In large towns, where the public mind is more enlightened, and consequently more friendly— we may say decidedly friendly—to Emancipa tion, the Mission would-be received with respect, but the " March of Mind" would not attend its progress through the country. The Com -mercial community would be liberal, but not so the Agricultural. The march of intellect has yet much to irradiate in those districts where self-interest sways many, prejudice more, and conscientious scruples still more. In those dis: tricts speechifying could do little, and that little would be made still less from the consideration that the Mission had a purpose to serve. It would not much'matter that that purpose was 'just. f‘ It was dictated by sellinterest,"--and the resistance would be proportionate to the sel- fishness or prejudice, or honest conviction of the party. People, even though convinced, do not generally like to surrender their judgment at discretion. They take leave of their pre juice with more lingering respect than they approscii the threshold of conviction. Their vanity is more sensitive than their virtue. In Fact, many of the people would be disposed tolthink that the Mission had come over not so much to rPnVillCe them of the justice and expe- diency of conceding emancipation, as to make proselytes—and there arg not wanting those who would take care to circulate such 3repor4, The naturAl consequence would be that instead of making friends, the Deputation would increase ,he number of its enemieg, From these, and many other muses, it milg have appeurd dear to the very respectrae Members of the Miiision, that a visit to England emild be productive of no positive good, and they have therefore wisely declined the hQpour. THE FUNDS.--(THIS DAY.) CITY, TWREFR 0 1 Crocr. The stormy state of the weather has prevanted any" arrivals from the Continent to-day, except a Flanders Mail, and consequently we are without news of the least importance in the City, bat we fear the accounts from the Coast to-morrow at Ltoyd'n will be of a very, disastrous nature. Consols opened at 87 : t with very little business, and the only altera tion is their being now 87i, buyers; the Commis sioners gave 86i for Reduced. India Bonds, 67 9 pm.; Exchequer Bills, 65 6 pm. If possible, business in the Foreign Funds is stilt worse than in the English, and up to the present time scarcely a bargain has been done ; Spanish are more than usually flat, and the exposure of the state of their, finances, together with the reported attempt of speculators to saddle John Bull with a portion of the Stock negotiated in France, is likely to fail, from the publicity which has been given to the means hitherto used to keep it marketable. In Shares the small dealers have opened a new room at the Auction Mart for their operations, hi stead of remaining in the alley ; but such is' the ob scure state of this market that, we understand, al though they publish defaulters as 'usual, it is of such a contemptible nature that one of these worthies' names has been stuck up in this character for the enormous sum of seven shillings and sixpence ! TWO O'CLOCK. `'Money continues plentiful, Consols remain buyers at 87g. India Bonds have taken a start to 69 71, and 4xeliequer Bills to 68 6Q premium. THREE O'CLOCK. Consols for Account, 87k, sellers. FOUR O'CLOCK.—CLOSING PRICES. Consols -- Dania Do. for Ac. 87a Greek, 1825 Brazilian Bonds 63i Mexican, 1825 32/ Buenos Ayres 48i Peruvian 181 ebilian Do. 244 Russian 95/ Columbian, 1824 231 Spanish 10/ .SIIIPPIN_GINTELLIGENdII,. 7 (THIS DAY, FROM LLOYD'S. DEAL, DEC. 17.—Wind W.S.W.—Arrived the Ruby,. Cornish,' from St. Michael's ; Quebec packet, Atkinson, from Quebec; and Tobago, Lardler, from Miramicbi.' PORTSMOUTH, DEC. 17,-,Wind rived from London, the Maxfield, Brown, and Pons Aelii, Callendon, for Sierra Leone; and the Prince, Edgar, for Smyrna. PLYMOUTH, DEC. 16.—Wind W.S.W.—Arrived the Ann Parry, Jones, for Cadiz, and Weymouth, Miller, for Bermuda, both from Portsmouth. Ar rived from London, the William Henry, Robeson, for Grenada; Ibes, Harper, for Oporto; and Olinda, Robinson, for the Cape. . FALliouvi, DEc. 16.—Wind S.W.!--Arrived from London, the Elizabeth, Collins, for New South Wales; Oscar, Henderswell, for Rio Janeiro; New York packet, CrOsbie, and Eagle, Price, for Jamaica, and several-"others outward-bound. The Joshua and Mary, -, from Rotterdam to Aldborough, leaky, having been on shore, bound to Mahlon. The Argo, Moss, from Rotterdam to Yarmou leaky, and must discharge, bound to Liverpool. The Danemark, Eben, from Copenhagen to Arun dehl, having struck on a rock, and must discharge, bound to London. The Laurel, Brown, from Kell to Arundehl, the 28th ult. leaky, and discharging, bound to Hull. LAW INTELI IGENCE.-(THIS DAY. COURT OF CHANCERY. JUDGMENT. EX-PARTE HOLLAND IN THE MATTER OF MARS. • STRACY, FAUNTLEROY, AND CO., BANKRUPTS. Messrs. Stone, Gahagan, and Henry Fauntleroy were trustees of certain stock, amounting to the sum of 17,000/. Henry Fauntleroy prepared and signed a power of attorney for the transfer of it ; he signed it in his own name, and forged that.of his co -trustees. By that power of attorney he gave authority to the other members of the house individually and collec tively to transfer the stock. In consequence of the execution of this power, an order was sent to the house to a Mr. Spurling, its ordinary stock-broker, authorising him to sell the stock. Mr. Spurling, in consequence of this, entered into contracts fur the sale of it. Stracey went to • the Bank of England, and claimed to act under this power. Mr. Graham also went. The stock was transferred; the money which was the consideration was paid to Spurling, and by him paid into the house of Martin, Stone, and Co.; who were the city bankers of Marsh, and Co., that payment, therefore, must be considered as a payment to Marsh and Co. Spurling was in the habit, according to an agreement either implied or expressed, when he sold stock for . the house, 'of dividing the commission with them, and in this case he paid into the house of Martin, Stone, and Co. half the commission, amounting to 91. and upwards. That was carried together with the other payments by them to the credit of Marsh and Co. generally. The account between these bankers with this item in it, was settled upon more than one occasion by the house of Marsh and Co., and they therefore must be taken to be cognisant of the particulars of it. Upon the apprehension of Fauntleroy, a paper was found in his possession in the ha4d•writing of Graham, in which he stated, that to make up the sum of 16,000/. money was paid. The Court did not recollect at this moment he precise terms, but money was paid into the house of Martin and Co., money of the trustees. These were the facts. The house had contracted for the sale of their stock, the house effected the transfer, they received the consideration, they divided the comlnissioe, and a member in the house admitted that the money in the hands of Marsh and Co, was the money of the trustees. Who then could doubt, upon this state of facts, unqualified by other circumstances, that an action for money had and re ceived might not be maintained against the house. But it was said that this was arranged and contrived by Fauntleroy, that the money was paid into the house of Martin and Com pany by his fraud and through his contrivance, and that he afterwards drew it out, and that riothing re mained in the hands of Martin. The facts did not establish that proposition. The money was paid in upon the general account of - Marsh and Company, it betame'part of the general funds,. the drawings out were upon the general account by Fauntleroy; and the Court did not see how the drawings upon the general account could be considered as an extin guishment of the claim of the trustees to this money. But it was said, upon the authority of the case of " Davis v. the Bank of England," decided ins the Court of Common Pleas, and afterwards in Error, by the Court of King's Bench, that that was not so. It was said that the trustees were at this moment In possession of the stock, but in considering that it was necessary again to look at the facts of this case. The contract for the sale was made, the stock was actually transferred in the books of the bank by the house of Marsh and Co., pro fessing to be the agents of the owner of the stock, there was no stock, therefore, standing in the name of the trustees, it had bean transfe;red- to the names of others, and according to• the evidence it further appeared,.and probably that was the case with re spect to the greater part of this, that after it had been transferred into the name of other parties, it became mixed up with other monies of other parties in the books of the bunk, It Velo difficult to know what course should be adopted to put the 4ostees in the situation referred to at the bar. They could not self aka stock, there was nothing at this moment standing in their names. If the Bank of Enkland were liable, they might, it was true, make a new entry of new stock, to the credit of these trustees, but wheeher the Bank can or not be called upop tq do thia, was unnecessary to decide. The question I was, whether the tre.stees, under such circumstances, could say the parties tramigrying the stock profess ed to act as the agent of the tru'stees; the act which had been done was altogether void • the authority was void, because it was a forgery. Such a state meat could oeyer be set up,in a court of law; and it could not be set up - 4? Alp' Court, which for this purpose must be considered as (2,9urt mixed up with law and equity. It was said there wap an agreemeet between the trustees and the Bank of England. The Court had looked at the terms of the agreement, and founid thg it was contingent upon the proofs of these gentlemen. Annther argniment was that it was an attempt to ratify a felonious act. Now the Court of King's Bench had said that was fp . mated upon u fs)lacy, that felony was complete antecedent to the transfer; that the transfer was not to be con sidered a felony, and the receipt of the money was uo felony. This Court agreed ailth the King's rise p r i i e ,i ei r p 4 l m e tt la e v d v, t h b y e w pa h l i ,t c y h t ‘ i v r at e s d i w t pencil in that judgment. There was then 041;0 by e uirepse of recovering compen sation e o r u e l could s n fe a o l ttoionpiyirofocreetdhaft injury hin on, until he had prosecuted for the felony. The dohrt th,eo;l4 it m ust have occurred to t h e m i n d' o f the Learned rariotellibptbiltecu4rabykolenbutooAilftceording to the old' law, gentleman who argued this, that much of his argu tr At, in the PP whep it Caine to be looked itito, was in tulliej/igiskeenitu- w que:l t o it tl i , a great deal of of fw e Iry. ec ei t ewp t iy o l t k v;, l l l 9d e persons had had their property stolen by the same felon, and one of the parties had instituted un appeal against the felon, and obtained a judgment and con viction, the other peaty would not be entitled to resti tution, unless he also prosecuted his appeal. This argument, in variou s shapes, was presi4 open the the Court. Th e case o f " C ros b y v. L ong " was also called to its attention), with a great many other eases. There was, as • was well known, a criminal prosecution instituted against Fauntleroy; he was found guilty, convicted, and suffered the extreme penalty of the law. It became unnecessary, there fore, for these parties to institute any further pro ceedings on any ground or principle of public policy. It did not appear that they had the means of effec tually instituting any 'criminal proceedings against Fauntleroy for this particular forgery, but the re verse-was clear. There was no indisposition or any backwardness on the-part of the trustees with what was necessary. Looking, therefore, at the arguments on both sides, the Court did not see any thing to lead it _to consider the party was_ not entitled to prove, and its judgment was, that, as to this parti cular petition, it must be dismissed, and with costs. VICE.CHANCELLOR'S COURT. The Court was occupied during the early part of the day with an application, arising out of the will of the late. Mr. Grindall, whose case has already. ac quired so much notoriety. The application, as may be expected, involves charges which it would be . un just to publish, until the entire of the case has bee n gone into. COURT OF KING'S BENCH. GRANT V. JONES AND ANOTHER. This was an action brought by the plaintiff to re• cover damages from the defendant, who has a gas fitting and brass -manufactory in Grafton -street, for, the nuisance caused by the said manufactory, which prevented the plaintiff.from continuing in her dwell ing -house. Sir JAMES SCARLETT stated the case to the Jury, and then sustained it by the following evidence Mr. Beauchamp deposed that he resides next door to the defendants' manufactory in Grafton street, and has done so for three years. They began to melt brass about months back. Brass is made from copper and smelting, and the smell an d smo k e from it arc ver y great . Th e making of brass was car ried on two or three times a week, and sometimes oftener, and during that time it was hardly possible to continue in the neighbourhood. Cross-examined _by Mr. J. WILLIAMS—Witness has often melted gold and silver in his house, but little or no stnellitrose from that. The defendants carried on the melting in the cellar of their house.' They had done something to witness's, house, and since then the inconvenience was not so gre4t.ns formerly, but still the effluvia was very offensive.. Several other witnesses were subsequently exa niined, and corroborated the evidence of the forego ing witness. Mr. WILLIAMS then addressed the. Jury for the defendants, and said that they were both young men and had young wives and families resident upon the premises, which they would not have allow. had the smell been so offensive and injurious to health as was described. He would call a witness who resided in the house of the defendants, who would tell them that there was no offence whatever that ought to be complained of, and he would also call a person who superintended the melting, and who while the fusion was going forward, had gone to the plaintiff and asked her if she then felt any, of fensive effluvia, to which she replied in the negative. Mr. WILLIAM S then called witnesses who deposed to these facts. Lord TENDERDEN then charged the Jury, and a verdict was returned for the plaintiff—;-Damages Is. MIDDLESEX SESSIONS.-(THIS DAY.: LONDON FREE PRESS. THE KING V. NORTDOUSE AND LOW. On these defendants being placed at the bar to re ceive the Judgment of the Court, having been con victed last Session of a conspiracy, the particulars of which have been fully before the public, Mr. PHILLIPS said he was requested by Dr. Sutherland, of Parliament -street, to state that he was not the gentleman alluded to on a former occa sion, he hoped this would be noticed, as it was only an act of justice to that gentleman that it should. Mr. ALLEY then moved for an arrest of judgment: The Learned Counsel said he moved on two grounds ; first, that the indictment was wrong, and could not in law be supported ; and,, secondly, that the facts deposed to on the trial were not true, and he had affidavits completely contradicting the evi dence on *which the defendants had .been.conviated. The indictment contained various counts, and wit: us long as from that Court to Clerkenwell Church -- - (a dist - ance of about 150 yards). One set of counts charged the defendants with conspiring together, and by conceit obtaining money from the prosecutor; the other charged them with obtaining money under false pretences. Now no one indictment could -charge with two distinct offences, and where the punishment was not the same; or, at all events, a general verdict of guilty could not be received, if the Jury had found specially that the defendants had been guilty of fraud, or if . they ,had acquitted them of fraud, and returned a verdict against them for a conspiracy, it would have been good; but a general verdict on an indactraent so framed was Gad in law. , One of them only might have been guilty of fraud, and he might have been convicted and the other acquitted; but to support the charge of conspiracy, both must be proved to have acted together, —no one person could be found guilty of a conspiracy. The Learned Counsel then cited many authorities in support of his argument, and con tended that it had always been held that one offen ce could not be committed in two different ways; and the general verdict of guilty, which bad been re corded against these defendants, virtually s a id t h at they had done so ; it was - therefore bad. With re spect to the second ground of his motion, for an ar restof judgment, after remarking on the want of prudence displayed by the prosecutor, before he parted with his money, he said he held in his hand an affidavit sworn to by Mr. Hume, M.P., which did that gentle Man very great credit—in which it was stated that the facts sworn to by the prose cutor on the trial could not be true. Mr. Baldey then swore rx;nst positively that he had never known that Mr. Hume and Colcinel Jones were not share holders in the London Free Press, until the trial in the king's Bench last July. Now Mr. Hume in his affidavit swears, that the prosecutor had written to him on the 23d June 1827, to ask that question, and that :he (isivir : 1-1.) in reply, distinctly informed him that he was not a proprietor, npithrr did he ever intend to became one. The Learned Counsel said, he must repeat, that this affidavit did great honour to it nume, and the manner in which he came forward to maitc j; was equally honourable. Th e Court would recollect, tha t on the trial all the wit nesses were ordered out of Court, or else the state ment of the prosecutor would have been contradict ed ay the time. Mr. Hume had no idea what had been sworn to ? pntil he read the report of the , case the next day in the fiewspapers ? when he immediately wrote a letter to M. Northhouse, in which he expressed his opinion that report was not correct, but upon being informed by Mi., w, try it It correct, he immediately ex pressed his astonishment, aid °gem; to Tpake affi, davit, contradicting in the most po s it iv e manner what the prosecutor had sworn to, which affidavit lie now produced ; he had likewise the affidavits of two other gentlemen of the greatest respectability, in which they swear that they have frequently heard the prosecutor persuading Mr. Nortkhpys, by all means to get Mr. Hume to accept of some shares, for if they could but persuade him to become a puker, it would take off a great deal of their own which if his Learned Friend (Mr. Dunn) in his exuberance of keal for his Oieutp had not requested the witnesses to leave the Court; would have been stated on the trial. ' Mr. PHILLIPS—That did not prevent your asking vestion.—.Mr. Dunn : We did not know the fact nntilAl ;vitt day; l)gt we could now prove that the object of this prosecgtign wgs Tipp ro eotvirt the defendants but to make, if possible, Mr. 'Lune acknowledge himself a partner. Mr. PHILLIPS, on the part of Mr. Baldey, said, I most positively deny that such was the case, and I woicld mcw submit to the Court that this case can not be decided today-rrhis liTst have an op portunity of answering the affidavits. Mr. ALLEY certainly could not object to that, but -. \ ~. • he-'felt confident the Court; when the case °, before it, would-view it ina very differeot think it ought to be sent again to another jury. Mr. DUNN followed on the same side. Mr. PHILL IPS , f or t h e prosecution, said he !I0 not long detain the Court, but after whet passed, in justice to Mr. }llkley, he felt boiind.! • a few words. The letter from Mr.B. to Mr. 111 1111. long after he had become a shareholder; as be th along with that gentleman, he did not apply' to till after the bubble burst, and the paper : bankrupt, then it was for the first time that be on his application to that gentleman, that not a proprietor, and that his name had been., made use of for the purpose of inducing biro B.) to part with his money_. Immediately 6 0 receiving Mr. Hume's .letter he showed it to Northhouse, and expressed his astonishment,- Mr. N. (who he, Mr. Phillips, understood .$.O most clever and ingernious man) told him not ( 4 t uneasy, for, said he, "- it is only an expetimee! Hume's W get himself out of the concern, as 1 15 in the Greek Loan." • _ _ Mr. DUNN.—I must object to this—it is a 0 statement, and, besides, as the case is to stand 01 it is irregular. -. • Mr. PHILLIPS resumed.—He did not want h go any further into the merits of the case; ha. j no doubt w h en t h e C ourt came to consider had passed this day, with the affidavits that' W,l be put in by t h em, i t would come to the cond o ! that the proceedings now adopted were a ma st , terial aggravation of the offence. The CHAIRMAN then ordered the defendant ) be brought up on the first day of next session* , said the affidavits should have his best considerati‘ the verdict which had been recorded could pet; got rid of, although if the affidavits warranted 16 . 1 punishme n t m i g h t b e _ so m i t i gated as to render i t ,nullity. Mr. ALLEY trusted the Court would allow defendants to be at liberty on their own re 4 nizanees. The CHAIRMAN said that could not be without the consent. of the prosecutor, and 63, refused, they. must be committed. The defendants then left the Court in custody BANK OF ENGLAND--(THIS DAY.) This morning a Court of . Proprietors of stock was held in the-Court-room of the Bank' England. At 12 o'clock, the Governor, J. Drewe, Esq., , companied by the Deputy• Governor, J. H. Nirg,; , Esq., and ne ar ly th e w h o l e o f t h e Di rectors enter " ' and the Governor took the Chair. The minutes of the last Court, relative to the t vidend declared o n th e C ompany ' s Stock for the I ' half year, as well as the negative put upon rheo f tions made for the production of the Bank accotO &c., were read by the Secretary, and confirmed. ~ The Governor inform e d th e C ourt t h at t hi s a Quarterly General Court, held in pursuance oft' terms of the charter. The minutes of the Court were read, and Governor said, that as it was not usual for arty b? ) , ness to be transacted at this Court, was it the plc .snre of the Court that it now adjourn. An adjournment accordingly took place. There were not half-a-dozen Proprietors in terAance. TILE MARKETS.-(THIS DAY.) FISH-MARKET, BILLINGSGATE .d e , This morning's market exhibitid a very dull apP ante; there was a moderate supply of ash, and few buY ° :. The following were the prices:--- ~, , 0 ,3 Prime Turbot,- each ' ~ lSt. OA. to P.m° Ditto small, per do. - 4 0 )0 Cod-fish , each a 0 IV 0 0 Soles, per three pair. • 1 0 1 0 0 Fine Whitings, per 15 - 3 0 0 0 State, each Haddocks, par dozen l5 0 2 ., 0 Brill, each Ournetts, each Live Flounders, per quartern i, . . 2 0 4 *O, Live Eels, per 51b. . . 4 0 , Dutch Pitiic£, per lAtlcet R 0 12 3 z 0 • . A Fine Lobsters , per score 10 0 2° ,it 1. ferior ditto 4 a N Shrimps, per - gallon 2 F c i o n t e da Yar di n tt i o outh Red Herrings, per hundred 7 6 3 a. . f Pickled Ilea-rings ' per 100 ,• e 0 0 .13..“ Common Oysters, per bushel ~..„., 8 0 5y , p Natives ' . . _____ .... ___.-- HAY MA It Kt/To—(At per L^ad cf 36 Trusses.) S'l'. JAM 'S. Ah Coarie heavy Lowland s'leiblOw Hay *2 00 to 0 9 Best New uidow Hay 9lO 0 Flue Upland Meadow and liye-grasa Hay ..... Clover Hay 3 5 '''-j0 Oat Straw 11 Bto Al 101 Wheat Straw 1 19 I Supply good, trade dull, and prieeb as last quoted. SMITHFIELD. , 10 Coarse heavy , .6 Lowland Meadow May ..2 2 to 11 / Bast New Meadow Hay • 2 IQ d Fine Upland Meadow and Ryeigaso stay , , i • 3 0 - 10 Clover Hay (extra tine).... f 5 0 .., generally.— 3 5 41 Jg Oat straw „.... 4',1 4to 4:1 8"-,Wheat Strata 1 0 oaf Straw 2". per load lower than pn Tuesday; in prices of no alteration. Supply limited, and trade very dull. ,bo u I ..I,rthu SOUTHALL DIARKUI'.—Dec. 17. - At this day's market, which exhibited a large supply 4 2 4 7. Beasts, embracing a very cons id era bl e num b er of hignq a t b e W f a , fattened Oxen, Steers, Heifers, &c., and was, in other " tet a spects, moderately well sup pli e d , t h e trade throughoo 4 exPeedingly 4t the following prices per stone of c - to sink the offals r Beef 3s. 2d. to 4s Bd. I 4s. 4d. to bs• 4,1, Mutton G 0' P0nt....4 0 ii „ 4 l, The foregoing quotations are, for the ordinary run of rot Ail rc Mutton, Veal, and ir,teriOr Pork, the s ame as those 0.1..„ 0 e , day so'nnight ; the. be s t Pork a t a d epress i on of 4d. per 11 '.1'.f. , k 7;! There were no extr a p r im e Sh eep or B easts in last week's 'Tot , ker. A considerable propo r ti on o f t h e supply left the nor' t bet unsold. 11 , Sfi 4 M Ali it Fl . .tzrPr.c. 17. 14, , Eck, Beef---- 3s. Cd. to 4s. Od. - Oa. od. to 0 6 •6 w4r.„. Muttou----. 3 8 4 6 and 0 0 4 " i plds, A great supply, and a very dull trade. ;flaw 'tie,, Uosso j4ll kitels 4 at tiot. Beef,. Aluttm, STEYNIIIG A.E.BET.—Dec. 15. (0. • $4. tid. to 4s. 841. I Veal (8, Od. to . 01 , 6 S 10 5 0 4 • Supply Iveiy dull. ARONDFL )lARK Se. V.I. to 4f.. 10a. I V« 4.771:cc. 18. 0 1. 8eef....... l7-7,,,, , ,. Us. :d. to ( 1, • 4 Mutton --, 3 4 5 2 1 Pork 4 0 4 , ~, A good supply, and, except with th e highly.fattened stv" very dull trade. CAtTLi SHOW. The Duke of Norfolk's silver tankard, value 101., . 1, ' 4 0 k. dil the best oT of any bjeel ! was ”yq4P4 19 41 r ! Plnti l ifor Pepperitig. 4rundel fJorporetm ditto, yalue 101:i 4 . 0 t ro , 'the hest Su s s e x ox , to M r . T. D u k e, o f Leominster. ' 'Members of Parliament for the Borough of Arundel (li t :: 'l'v e" value 101., for the best steer, to Mr. T. Putland, of l' fo r Peated minster. The Arundel Tra.deamen's ditto, value '71., A t , the best five-years-old cow, t o M r . Ed mun d S earce, herley. Silver tank a rd,- v a l ue 71., for the best rune tv 0 14 th Mr. William Elliot ? of putninster. A piece of Pi t , Treasi value 71., for the best ten . South Dewns wethera, Hun& Putland, of Leominster. Ditto, value 61., to Mr. Duke,' of Leominster, for second best ditto. Ditto, vP v ▪ , 71., for the best ten wethets of an y ki n d, t o Mr. ; I° ,;•,i T CoOte, value pl., for the 'best :- ewes of any breed, to Mr. gewman, of Portiugdoti.,,,f ‘ -o ve , The Judges were Messrs. Harmer and Battle, butclielje Rork Brighton, nod Mr. Napp4r, of 'Pulborough ; a nd Stewards, Messrs. Tompkins,Corne y , an d ▪ TJ • d E - Yester Affair Lulink TI THICifESTRII IiIAIIIWETZLIee. Beef :is. 4.1. to 4s. Bd. Os. Od. to 0 6 '1 Itltitton 3 4 411 4 0 0 In Lean Stock but little doing; supply of Fat Stock goad. trade with it very dull. RUDIFORD 111 A RKET.—llec. 17. 4. P. d. to a. 4. - , , a . d. ;'. 1iee1....,..,,,, , - 3 V'' 4 4 Veal 4 0 s t; Mutton • ' 1 4 4 6 Polk -ii........ . .t.. ; • 4 H acr i . Suckling Cal vea from 14a. to 325: ; Quarter out riii9 iba to ItY. - p Supply moderate. and trade very dull, both 4 1Kir Si LEWES PiIARKET.—Dee. Id.------'-- White Wheat (per quarter) £3 19 0-to .£4 .4 ° lied ditto Barley pap w , Mery 9lB 0 42 ° 1 4 0 1 0 ~ Peas 6 ..' .... . -. . ....... .....- .. . ... Oil Cake, * New —"— ' ' 13 0 9 Per 6.0,6°,1"' A-large quantity of Corn- has been purchas e a p• the Co n ti nen t , a s bill s to a l arge amount h a veb? e ", te . cerved‘this Morning- by the itantieririlail,. chiegy On our country corn dealers. It is said that one person has been, for years, receiving full pay as Colonel of a regirnen't, and - pay as a Chaplain in the army. . . A farmer in the West of England has-90A aell whc,le 'produce of 10s) acrca'of oats bushels of any other kind of corn. The frauds upon the half-pay fund are amount to no less than 50,000/. a quarter, or g0914:4" a year. . . . THE LUMBER TRooP.- . .—Yesterday even l l thg Anoint Pinner of th e 11..putber Troopers tya§ 4; 4 the Gentleman and Porte r Tavern , Ne w-street, Fetter-1W sign kosioz )11aieb Weeks Neat, and ck