The Sun. — London, England, 1841-11-10 00:00:00

MORNING SUN THE COUNTY NEW POLICE. (FROM A CORRESPONDENT-) LONGTON, POTTERIES, Nov. 3.—1 send you enclosed a copy of an informatioa exhibited to Thomas Bally Rose and John Harvey, the - former being our Pottery Stipendiary- Magistrate, the latter being a Magistrate for the county, And private gentleman. Stonier was summoned to answer the charge before the Bench of Magistrates at Stoke-upon-Trent, on Friday last, and also to answer an assault on Levi Wantling,which i he committed at the time he illegally s e a rched the house of John Mackay without a warrant, during the time he had Mackay in- custody. The cases came on before Thomas B. Rose, Philip Barnes Broadie, and John Har vey, Esqrs., Magistrates, on Friday last, and the investi gation occupied upwards of four hours, when the Magis trates intimated that they would give their judgment at Longton this day. The parties attended at Longton this day, when all the above Magistrates being present, Mr. Rose gave the judgment against Richard Stonier, the Superintendent, which was, that for the assault on Levi Wantling he be fined 41. and costs, and in default of pay ment one month's-imprisonment ; and for his conduct to John Mackay, that lie be suspended for one month. . THE DEPOSITION OF JOHN MACKAY, Of Stoke -upon-Trent, in the county of Stafford, Beer seller by Retail, who on his oath saith as - follows : I have been a resident householder of Stoke-upon- Trent, for fifteen years and upwards. lam the owner of a canal boat which I let on the line, and which is of the value of one hundred ponds, or thereabouts. I have carried. on the business or a Retail Beer-seller in Stoke-upon-Trent aforesaid for about five years. On Monday the eeth of September last, at ten o'clock, I had occasion to carry from my boat to my dwelling house ;the said boat being on the Trent and Mersey Canal, about tie) yards from my house), three deal plastics, or boards, of about 16 feet in length each. As I was carrying two of the boards, I met James Hope, policeman; - of Stoke-upon-Trent, who saw me 'carry the • said boards, or planks to my house, as I verily believe. On my returning a few minutes afterwards- with the third plank or board .the said James Hope spoke to me and asked me what I was eoires to do with the boards, and where 1 had g ot them 1 e , trom. I immediately told the said James Hope that I had got. them from my boat, that I had purchased them from Jamee Taylor, of Langport dock-yard, which is about four miles from Stoke-upon-Trent aforesaid, and that 1 was going to use them in some alterations I was about to make - at the stable of the dwelling-house I was then living in. - The said James Hope then requested me to go up to the .Police-office with him, which I rea dily consented to do, and iminciliately accompanied him to the Police-calve, where, after waiting some time, I was questioned by Richard Stonier, the Superintendent, who took down my answers to his inquiries in writing ; after being so questioned the said - Richard Stonier ordered in into the kitchen, when he put an iron chain on my leg, which weighed about six pounds, and pet me into a yell where there were two men, each being chained by the leg and fastened to the ring in the floor. I was also fastened to the ring, and could not move front it more than three or four feet. 1 requested the said Superintendent Richard Stonier to let me sit tip by the kitchen fire, which he refused to allow me to do.. I had nothing to lie down upon :set a small couch, upon which was a mattress, but no clothes to cover me. Only two of us could recline upon the couch at one t ime. 1 was so chained and confined the whole of the night of Mondry, all day ors Tuesday, and the whole of Wednesday. .0u Wednesday night I was removed front the cell, and put into a smaller one, chained to a ring in the floor as before, but there was nothing to lie down upon excepe a board and nothing to cover me. On Thursday morning I was taken before Thomas Bailey nose, Esq., the stipendiary Magistrate for Stoke-upon- Trent, who wee, sitting at Tuustall, six miles from Stoke, and immediittely discharged ; the said Richard Stonier, not offering - ally evidence against toe. During the whole of the said time. recnu Monday night to Thurs day morning. I Was not allowed to see my wife or any of my friends, or to communicate with any one, except thrbugh the police-officers. I never offered the least resistance to the officers, or attempted to get away, yet the iron put on me on Wednesday night, was much heavier than the one I had previously worn. I asked - the said Richard Stonier on Thursday morning, the reason of my being removed into a smaller cell. and a heavier iron put on my leg, when he sneeringly replied, " It was not well to stay too long in one place." During the whole time of my con finement, as before mentioned, I saw no Magistrate, or any person whatever, except the police people. I re quested the said Richard Stonier several times to take me before.a Magistrate that . I might clear myself from .any charge he had against me. The said Thomas Bailey Rose, Esq., was on Tuesday -at Burslem, about four miles front Stoke-upon-Trent, ard within a mile of the residence of Mr. James Taylor, from whom I had pur chased the beards, and whose mane and residence I had given to the said Richard Stonier on Monday night, when I was fiest)confined. On Wednesday the said Thomas Bailey Rose sat at Longton, which is within three miles of Stoke-upon-Treat, and I sun informed, and verily believe it to be true, that the said Thomas Bailey Rose, Esq., and his clerk were at the Police-office, at Stoke upon-Trent aforesaid, on Wednesday morning, whilst I was in custody, and that the said Thomas Bailey Rose, Esq., discharged a man from the custody of the said Richard Stonier, who had been chained and confined by the said Richard Stonier, in the cell of the police-office, 'from the previous Saturday, anti that the said Richard Stonier had no evidence of any charge to make against the said -man, notwithstanding he had confined him four days and four nights. I verily believe 1 should have • been longer kept in custody, had not Mr. -Williams, attorney-at-law, of Stoke-upon-Trent aforesaid,w horn myrriends emploved iin Thursday morning, insisted upon the said Richard Stonier immediately taking me, before a Magistrate. During the period I was so coetiued I had no opportunity of taking off my clothes to refresh myself ; a most offen eire stench arose from a vessel in the cell, as the vessel was not emptied or renioved front the cell during the time I was confined. in the small cell where I was con fined on Wednesday night there was no convenience of any .kind. After I left the police-office on Thursday enoteiingsl titintl. upon Inv person and clothes, which 1 had picked up there. The boards or planks which I was carrying front my boat as before-mentioned, were returned to me on Tuesday, the sth of October in stant, the same having been kept at the police- office from the 2.7 th of September, when .1 was first confined. Sworn beforn me, one of her Ma jesty's Justices of the Peace for the county of Staff Lain g(( (, the same The mark of first carefully read ever to the said X John Mackay. John Mackay, in my presence this „stli day of i Waoher, IS4I. .0 11N HARVEY. ADMINISTRATION OF JUSTICE 11l :POLAND.—RUSSIAN UKASE. (From the Journal dc St. _PeterBbargh of Oct. 3.) The Gazette the Senate, No. 79, published to-day, contains the following ukase, addressed by. the Emperor to the Directing Senate, under the date of Wareew, September G (18), 1841 : "Having, in 1839., thought proper to create in oar Imperial Council e special department for the affairs of the kingdom of Poland, to which were to be referred the most important affairs of that kingdom, we consider the ulterior existence of a- distinct Council of State in the said kingdom as being no longer in harmony with the existing situation of the country ; and as at the same lime the establishment of a court of superior justice on more solid basis is of urgent necessity, we have resolved to suppress the Council of State at present existing in the same kingdom, as well as the Court of Superior Justice, and to replace them at Warsaw, for the whole kingdom of Poland, by two. departmenee of the Direct ing Senate, which shall be named the Ninth and Tenth Departments, and by a General Assembly of the War saw Departments of the Directing Senate. e Wherefore we order—L. " 1. The General Assembly of the Warsaw depart ments of the Directing Senate shall take cognizance of all affairs which hitherto came under the jurisdiction of the Council of State of the kingdom, with the exception of the examination of th e annual budeet of income and ex penditure, which henceforth shall be directly submitted to our sanction by the department of tke Council of the Empire fOr the affairs of the Kingdom of Poland, and the e xamination of the accounts given in to the Directors- General of the different branches of administration—an examination which we hereafter confide to the Adminis trative Council of the kingdom. The order of the ses- General Assembly an i ts sians of the , t• of relat i ons with the other authorities, as well as the direction of its pro rules as th ose be mid the lame c eedings,.shall which 'Wee in this I ) et to the Council of State for the kingdom. Heraldic Chamber of the Ki ng d om. which preserves its present " The era internal organization, shall eon tinue to exist as a special institution , attached to the Ge neral Assembly of t h e Warsaw departments of the Di recting Senate, hich it will ptescrve the same re lations as it had with the w Council of State of the kingdom. department of the Directing Senate is invested with the powers w The ninth hic h belonged to the Superior Court of Justice. All the aff • 'rs therefore, which were al' shall be tried in the hitherto brought before that Courtthe laws according to Superior last resort by the said departm ent, and regulations which were in orce for the Court of Justice. ' 4. The tenth department of the Directing Sen ate will take cognizance of criminal a • flairi. The nature of in what its attributes and the extent of its power s con cerns those atliiirs shall be regulated by v penal laws, all those no* and until the promulgation of the said lawsa existing on the subject shall continue in forc e. 5. The General Assembly of the "War saw depart ments.er of the Directing Senate shall he composeel , the Presidency of our Governor-General of the kin e tione of functionaries of the first three classes named senators by us. " G. The Members of the Administrative Council of the kingdom, and the Military G overnor of Warsaw, shall likewise-sit as such in time General Assembly of the %Var ese,/ departments of the lfireeting Senate. " 7. The Warsaw departments of the Directing, Semite shall be eomposed of Senators anti other persons appoint ed by us for this occasion to fulfil functions. " 2. 'lle Warsaw departments of the Directing. Senate may, according as the case shall require. be divided into two several sectioni, Which shall have the same organi sation and the same mode of action as the departments. " 9. Each Warsaw department of the Directing Senate, and each of their sections, shall have a President nomi nated annually by us, on the presentation of our Go vernor-General of the kingdom. 10. fn the absence of our GOvernor-General of the kingdom, on account of illness or affairs of duty, the Presidency of the General Assembly of the Warsaw de partment of the Directing Senate shall devolve (by the delegation of the Gov ernor-General) on one of the Pre sidents of the Departments mo the Seetions, or on the President of the Heraldic Chainbcr. " 11. The Senators of the General Assembly of the Warsaw departments of the Directing . cnate shall enjoy the same rights and prerogatives as the other senators of our empire. The individuals fulfilling the senatorial functions abovenamed shall, like other Senators, have a voice in the decision of questions submitted to the consideration of the Warsaw departments of the Di recting Senate. " 12. At the expiration of each year there shall be ad dressed to the Minister of Justice, as Procureru-Gene ral, summary statistical accounts of the administration of justice in the kingdom of Poland, together with esti mates of the services of the functionaries employed in the Warsaw departments of the Directing Senate and of the General Assembly. " 13. The draughts of ukases indispensable for the final development of these first bases, shall be submitted for our sanction by our Governor-General of the king dom, in the order in which they may be drawn up. " The Directing Senate shall take the necessary mea sures for the execution of these presents. " Given at Warsaw, on the 6th (18th) September, in the year of Grace, 1841, andof our reign the 16th." MONEY MARKET and CITY NEWS FROM THE MORNING PAPRS OF YESTERDAY. TIMES.—The relief, if any, to the holders of spu rious Exchequer las is argued with intense interest in the city. Although the fact, If once established, that the signature to the spurious Exchequer bills was added after the paper bad been taken from the office would render the position of the holders much more doubtful than if the forgery had taken place within the office, and the bills had afterwards been regularly issued, still there are many persons who conceive that und* any cir cumstances they ought not to be the sufferers, and they support this view by an argument which is not without cogency. There is at present no suspicion but that the bille, if they left the office blank with respect to the signature, were otherwise quite perfect, were printed on the right paper, and were statuped with the proper Government stamp. Now, it is on this stamp that the holders, to whom we here particularly refer, ground" their claim. The stamp, they say, is what the public used to look to, that they might ascer tain the genuineness of the bill ; that was their sole criterion ; the signature they neither knew, nor bad they the means of knowing. Hence, as the stamp alone gave currency to the document, and in no one , instance has it been alleged that this stamp is forged, it is argued that the Government are bound to make good the losses of innocent parties occasioned by the bad system of management which could allow paper so stamped to be taken out of the office. The whole gist of this argument turns upon the question, whether it was usually the stamp or the signature that was relied on by practical men of business in their Exchequer bill transactions, and, if it really was the stamp, it seems a great hardship that holders should suffer when that is genuine. A most unfair attempt has been made by persons, who are willing at any cost to get rid of the Govern ment responsibility, to damage not only the claims, but almost the characters, of the parties who some months ago took their bills to the Treasury to have them tested. This is done by an insinuation that the parties hoped to find Mr. E. B. Smith at his office, having some reason to believe that he was a man to whom the bills might safely be sdbmitted ,• an insinuation which im plies that they had some knowledge of the operations of Mr. Smith. This is an artful attempt to make the very pains taken by the holders to secure themselves a reason to refuse them indemnification, and place them in the dilemma, that, if they did not take due precautions, they may suffer for their own imprudence, and if they did there is every reason to suppose they had some secret knowledge. Although some of the holders may have had an improper knowledge of the transaction, still it is well known that many of those who took their bills to the Treasury are parties of the highest respectability, against whom there has not been a breath of suspicion during the whole of the excitement, and that their peculiar cases have been those of the greatest hardship. As for their going up purposely to see Mr. E. B. Smith, as a convenient personage, the fact is, that several of them did not know to which office they were to take their bills, but went in the first instance to the " Exchequer Bill-office," which was not the right place to obtain the desired informa tion, and were afterwards shown to the office of which Mr. E. B. Smith was a functionary. This is quite enough to show that they had no idea of seeing Mr. Smith in the first instance, if, indeed, they were aware (as most likely they were not) of that gen tleman's existence. It will be hard enough if these holders, after taking every precaution, should lose their money, but it will be much harder if their precautions are made grounds of insinuation again their fair dealing. The suggestions made by a correspondent some time ago for the removal of the Exchequer bill department to the National Debt-office, accompanied a statement that this office has the management of the savings banks. To confute this statement, or rather to explain more definitely the exact connection between the office and the savings banks, a letter has been written by an actuary of one of these institutions, in which he makes the following assertions " The savings-banks are under the exclusive direc tion of self-elected and irresponsible managers. All that the National Debt-office has to do with them is to receive from them whatever money they may have to invest or place out at interest belonging to the depositors, repay to them within a certain period after demand any money for which the depositors may call, and carry to the credit of each savings -bank, in May and Novem ber, the interest at the rate of 2:1421. per cent. per diem, accruing upon the capital in hand. In addition, the managers of savings-banks make a monthly return to the National Debt-office of the amount received from and repaid to depositors, and are bound by Act of Par liament to render annually to the same office, within six weeks after the 20th of November, a statement showing their liabilities and assets, and the gross amount of their expenses. Further than this the National Debt-office has no concern with the savings-banks. It cannot even control their expenses, or interfere in the slightest de gree with the internal management of them.' LAW INTELLIGENCE. COURT OF CHANCERY, Nov. 9, Shortly after ten o'clock this morning it was inti mated to the gentlemen of the bar by Mr. Haines, one of the Lord Chancellor's officers, that his Lordship would not sit, in consequence of being summoned to the Palace, her Majesty having been taken suddenly ill this morning at seven o'clock. ROLLS' VOURT, Nov. 9. The Master of the Rolls was engaged nearly all the morning in hearing consent petitions. COOTE V. COOTE. Mr. TINNEV presented a petition from Eyre Coote, an infant, praying that Mr. Oxford, the receiver of his Irish estates, might be appointed receiver also of his English estates, in the place of Mr. Baldwin, the late receiver, deceased ; or that it might be referred to the Master, to inquire whether it would be fit and proper that the re ceiver of the Irish estates should be appointed receiver of the estates in England. His LORDSHIP said he should feel some diffi culty in appointing a resident in Ireland receiver of English estates, because, although not beyond the jurisdiction of the Court, he was somewhat removed from it. He would, therefore, order it to be referred to the Ala.ster to inquire whether this gentleman was a fit per son to be appointed receiver of the estates in both countries, with directions if he should so find, to state special reasons for it in his report. lIINDE V. BLAKE. Mr. PEMBERTON, presented a petition from John Hinde, Francis Blake, and one of the next of kin of Francis Blake, a lunatic, deceased, praying for an ac count of the lunatic's property, and an inquiry as to the nest of kin. Mr. TINNEY, on . the part of General Blake the committee of .the lunatic's person and estate, ob jected to this, on the ground that he had considerable claims against the estate of the lunatic, which lie was entitled to set off against it, and for other reasons ; but his Lordship interrupted the Learned Gentleman by saying that he did not see how General Blake could be prejudiced by his granting the prayer of the petitioners, and he should therefore do so. HEMPSTEAD V. HEMPSTEAD. Mr. PEMBERTON presented a petition from the trus tees and executors of the will of Mr. Ilempstead, pray ing for the confirmation of the Master's report in the Zue s (. 7 . It appeared that the testator died, having hisde vised est a t e t o hi s th r ee children in distinct gifts, j sub to the payment of his debts. It having been re ferred to the Master to inquire whether the personal estate was sufficient for this purpose, and if not, what were estate was also n t the real estates, full. It estate was not the Master found that the personal et sufficient sufficientfor th f i this r p u p r e p y o m s e e , et andef that the debtsthe beih,hehreen referred to the Master to inquire among others that I , : t ere on the real estate, it was found to Messrs what charges por tion of the property of 2521. was due on one tutor, and that the title d essrs. Wear; solicitors of tes sited with them, and eeds of this portion were depo them fur their debt. that mess they claimed a lien upon thereon before the M as r t s. IV ettre also claimed inte resttained amount , on the, eToeur, ,t t hough for an unascer the demand under the 4 statnu't that they had made having been complied with, they were and that, it not The Master, however disallowed thisreef l ititled to interest. re port was admitted. .The estates having been and his to be sold, that portion subject to the die-- been ordered Weare was sold, subject to their lien, and and of Messrs. of the estate had offered them the sum? t of 252/ h the purchaser ' refused to deliver up the deeds without receiving'u.t they interest. The whole prixluce of the estate was si the Court, and all that remained was to pay the , andcosts .apportion it among the creditors. Mr. KINDE BBL EY, on behale IV the defendants, con tended that the Master's report was novxception to th e i r claim, which he c ould not allow under the decree, be cause it happened to be dated a fortnigllVOr three weeks before the notice was served. Lord LANGDALE said it having been referrred to the master to see what sums were dne at the date of the decree, the Master found among others this sum of 2521. and in. this respect it was admitted that the Master was ' right. The purchaser had tendered this sum, and the defendants might have received it, but they ;had raised a question about the - interest. That might be a question between them and the purchaser, but it could never be a claim against the estate—it would be quite contrary to the decree to have allowed it. The report must be confirmed. NAcKENZIE V. MACKENZIF:. •• • .0 Mr. PEMBERTON said this hill was filed by tneperso• THE SUN, LONDON, WEDNESDAY, NOVEMBER W, 1841. nal representative of Mrs. Mackenzie, praying to have transferred to him a sum of money to which - he was en titled as her representative, and which was withheld by the defendant, on the ground that a bill had been filed against him by other parties for recovery of the fund, and that the suit was now pending. Mr. KINDERSLEY having stated that the defendant did not dispute the claim of th plaintiff, but merely desired the directions of the Court, and indemnity from the suit against him, Lord LANGDALE directed the fund to be transferred to the plaintiff, and said the direction of the Court would be sufficient indemnity to the defendant against the other suit. THE LORD MAYOR. In the course of the morning the Lord Mayor, at tended by his suite, appeared in Court, and invited the Master of the Rolls to the banquet at Guildhall this even ing, which invitation was accepted by his Lordship. with which the Court would have anything to do. The plaintiff was an engraver, and the work done was the engraving of a map of the island of St. Christopher. The • work was executed in the years 1830 and 1831, and about the same time the defendant paid Mr. Gardner 1051. on account. It would appear that there had been no dispute as to the quality of the work ; but the cause of action having occurred ten years ago, the only evidence which could take it out of the statute of limitations, was a letter written by the defendant to the plaintiff on the 28th of October, 1835. The letter stated that the defendant did not mean that his creditors should lose what he owed them, and that he would not only pay his debts, but interest upon them, if he could. As the statute of limitations had been mentioned, he (the defendant) was ready to put it out of his own power to plead the statute. lie was un able to pay them, as, in the course of the year, the West Indian subscribers to the map had failed to pay their subscriptions. It was indis pensable, in tne first place, that the amount of the balance due should be fixed, and then he was ready to give his note. The letter then referred to the estimate given in by the plaintiff, and alleged that the charge for engraving the map had much exceeded it. He hoped, under these circumstances, the plaintiff would be prepared to say wlat deduction he would make, and he would then be glad to give his note for the amount if he could do so with justice to his other creditors. That was the substance of the letter and he (Mr. Cowling) submitted that it was not suf ficient to take the ease oUt-of the statute. A letter to do that must contain a clear and unconditional promise to pay what was due on a distinct acknowledgment, from which a promise might be inferred. Although it was not necessary that the amount should be stated, it was clearly indispensable that the amount due should not be disputed. The defendant had clearly made it a condi tion precedent of his promise to pay the debt that the amount should be settled and some deduction from the charge made. It was contended by the other side that the letter was clearly an admission of money due, from whence a promise to pay might be inferred. Lord liEsmAN- - --You won't contend that an uncondi tional promise was necessary, if there was a complete acknowledgment of the debt due? Mr. COWLING—No, my Lord; but where the defen dant disputes the amount, the letters cannot be taken as an acknowledgment. The Learned Counsel having re ferred to the authorities on the subject, The COURT took time to consider its decision. MILWARD V. HEBBERT AND ANOTHER. Mr. CRESWELL said this was an action upon a policy of insurance effected by the defendants, Directors of the Mutual Marine Insurance Company, upon the steam ves sel the Kilkenny, trading between London and Waterford. The declaration set forth that in consideration of the sum of 2261. paid by the plaintiff, the defendants did for themselves and their partners, covenant and agree with the plaintiff to make good all losses and damage that might happen to the vessel, her hull, stores, machinery, &c., which were thereby insured to the value of 20,0 001 . an the cargo to the value of 3,6001. The decla ration then alleged the payment of the premium, and that during the continuance of the policy and while the defendants were still interested, the vessel took on board, at Waterford, divers stores and goods, and among the rest 1,000 pigs, to be conveyed to London. That while the vessel was proceeding on the voyage, and during the continuance of the risk, by reason of the vio lence of the winds and waves, it became necessary, in order to preserve the vessel and cargo, to throw a part of the cargo overboard, and the master accordingly did throw the pigs overboard. There was this singularity in the declaration, that no other cargo was shown to be taken on board, and that in order to save the cargo the pigs were thrown overboard. His Learned Friend (Sir Wm. Follett), who was on the other side, suggested that that might be accounted for by its being an Irish voyage,—(A laugh). It was then alleged that the owners of the vessel paid a contribution by way of general average to the owners of the pigs. To that the defendants pleaded that the pigs, up to the time of their being thrown overboard, had been placed on the deck of the vessel, by reason whereof the defendants were not liable to pay for any loss. To that the plaintiffs re plied, that at the time the pigs were so laden and plaCed on the deck of the.vessel, she was proceeding on her voyage from Waterford to London, and that there was a certain usage and custom in the trade with regard to the placing of pigs upon the deck. To that the defendants had demurred, and the special cause of demurrer assigned that the defendants had no notice of the custom therein stated, or that the vessel would be employed in carrying pigs. Now this was an action of the owner of the ship against the under writers to recover, under the policy, a contribution by way of general average, for the loss sustained by throwing the pigs overboard. It was laid down in books of authority, that where a deck cargo was carried, and the goods were subsequently thrown overboard to lighten the ship, the owner of the cargo was not entitled :to make contribution by way of-general average. It was very reasonable that ' such a rule should be . followed, because the principle on which general average rested was that all the goods on board. were in an equal and like danger. If the danger was equal, then the contribution should be equal; but that could not be where there was a deck loading, because its natural tendency was to place all the rest in greater danger, to impede the working of the ship and render her top heavy. Again, danger to a deck cargo was much greater than to a cargo stowed below, for it might be washed overboard, and the perils of the sea were in creased thereby, and the danger and risk to the owner was much more than those having goods under hatches. He apprehended, - therefore, that the general rule of law that contribution, by way of average, should not be made in regard to goods loaded on deck. The Learned C )unsel referred to the case of Da Costa v. Edwards, 4th Campbell, which was an action upon a policy of in surance upon a voyage from London to Lisbon, to recover the value of forty carboys of vitriol. The carboys were lashed on deck, and a storm broke one of them, and they taking fire, it was necessary, in order to save the vessel and cargo, to throw them over board. Lord Ellenborough in that case left it to the Jury to say whether it was usual to carry them on deck, and whether they were properly stowed. Now, the Learned Judge in that case adopted the law that the underwriters, but for the usage, would not be liable for the goods ; and how Much less could the rule apply to the case of the underwriters on the ship, who had no notice of the trade the vessel would be engaged in. In the present case it was not alleged that the underwriters had had any notice, but he submitted that the plaintiffs were bound to have done so. - - Mr. Justice COLERIDGE-If it were an action upon a policy to recover the value of goods how would it be ? Mr. CRESWELL - If the party insured goods for the voyage, whatever extraordinary habit prevailed as to these goods, he must be supposed to know it ; but when the party effected a policy on the ship there was nothing to draw his attention to any extraordinary usage or purpose to which the vessel might be applied. The contract in the present case was evidently a contract between the owner of the ship and the owner of the goods, and could not affect the under; writers on the ship. On these grounds he submitted that the replication was bad for not averring a notice of the custom, and the more especially as this was a time policy. He contended that in all these cases there must be a notice expressed or implied, but the somehow or other notice wss an essentialingredient, and must appear on the record, and for these reasons it appeared to him that the plea was good, that the replication did not answer it, and that the judgment of the Court must be for the defendants. The SOLICITOR-GENERAL for the plaintiffs submitted that the terms of the policy being to insure the ship from all losses at all times and in all services, the defendants could not now set up the plea that they had no notice of the nature of the trade the vessel was to be employed in. The question was, whether the goods had been stowed in the manner usually recognized in that particular trade, and if that were the case there could be no pre tence for refusing or denying their liability. He might state here that an action had been brought by the owner of goods against the shipowners in the Irish Court of Exchequer, and the very same question had been raised there, namely, whether, from the circum stance of the goods being loaded upon the deck, the owner was entitled to compensation. The Chancellor of Exchequer in Ireland had held that the goods being carried according to the usual custom, the owner was en titled. Now such was the view of the case which he was submitting to the Court, and with regard to notice, it was held by the general insurance law of "England that that notice of the usage of trade was not necessary. Where the underwriters undertook the extended risk of insuring in all trades, they obtained a corresponding premium, and could not then plead want of notice. The defendant's plea did not set out that the goods by being placed on deck impeded the navigation of the vessel, or increased the risk, and therefore it was manifestly insufficient. Had they alleged that the risk had been thereby in creased, that might have called upon the plaintiff to show why the goods had been ,so loaded. Every underwriter was assumed to be acquainted with the practice of the trade in which he insured, and if a different rule was to be applied to time policies they would be nothing more than a dead letter. On these grounds he submitted that the judgment of the Court must be for the plaintiff. Mr. CRESWELL having replied, The COURT took time to consider its judgment. EXCHEQUER COURT, Nov. 9. THOMAS V. BIRD AND ANOTHER. This was an action for false imprisonment, which was tried before Lord Denman at the late assizes for Kent, when a verdict was found for the defendant. Mr. PLATT now moved for a rule to show cause why that verdict should me be set aside, and a new trial had, on the grounds of its being agai nst the evidence, and the improper reception of evidence by the Learned Judge. The plaintiff had lived for many years with Mr. Bird, a farmer, as housekeeper. He was not on good terms with his family, but he had been an indulgent master to the plaintiff, who had en tered his service when young, and had got comparatively old in it. He was n o t only kind to her, but also treated any friend of her's w h o ca lled to see her with g r eat urbanity. On M a y 23d of the present year , the brother of the plaintiff and a young man named Penn called upon her and stopped th e d a y, ea ting and drin . king at the same table with th e d ecease d. At tea time the deceased 'William Bird tu rne d t o the plaintiff and said, " Ann go up st a i rs an d f e tch that parcel I told you of in my r oom ." She did so. He added, "Now bring th e mosey I gave you before." She brought a bag containing 49 sovereigns. He then opened the parcel and it contained near 500/., he took it all and said, " Now take it up, place it in the box, and, turning to the brother and his friend, said, " You are witnesses that I have given it to her ; take it home, and let her mother take care of it for her." The old man desired the brother to come over again on the Tuesday and look what the farm servants were doing. He did so, and although Mr. Bird was not able to go. out himself, he desired him to go to certain fields - And - report - to him how they were cultivated. While he was there a butcher sent in a check for 151. 175., and Bird said " here, Ann, roti may as well take this as part of the 221. I owe you for paying the men." On the Thurs day he was found dead in his chair, and immediate notice was given to the members of his family. The defendants, deceased's brothers,arrived in a short time; they demanded the key:, from the plaintiff. They ransacked the house, and were much disappointed at finding no property. They prevented the plaintiff from leaving the house— they charged her with robbing the deceased, and asked where all the property was. She answered that she knew of no property, but that which he bad given her, and at once gave an inventory of the whole of it, and told them where it was. They were very angry, and told her she had done enough to get herself transported. They imprisoned her till next day, when they took her over to Maidstone to an attorney, who was• connected with the family, where, by . threats and intimidation, they induced her to give up the whole of the pro perty, including even the check for 181. 175., her own property. They again -took her home, and confined her for two clays more ; they refused to pay her wages, and by intimidation and threats attempted to induce her to sign a paper, acknowledging that she had voluntarily given up the property, and that she would not give them any trouble about the matter, but this she refused to do, and was turned out of doors. Still, although these facts were abundantly proved, the Jury had found that there had been no im prisonment. For the defendants there was actually no defence, because the whole of the witnesses had a direct interest in the distribution of the property of the deceased. In order to obviate his objection, a re lease was executed to two of them, but as their interests were separate, the i elease ought to have two stamps — whereas it had only one ; it was therefore invalid. The COURT—Take a rule upon the latter ground. JEWISON V. DYSON. Mr. WORTLEY, in moving for a new trial in this case, said the rights of the Crown were involved—he might say the rights of the Illustrious Person whom they were informed had so lately come among them (the birth of a Prince had just been announced). It was an action to try in whom the right to appoint the Coroner for the Honour of Pomfret, which comprised the greater part of the West Riding of Yorkshire, vested. The Crown c'aimed to appoint upon a charter granted in the 23d Edward 111., to the then Duke of Lancaster, which claim was resisted by the Magistrates on the part of the free holders. It was tried at the late York Assizes before Lord Denman, when a verdict was found for the plain tiff. At the trial the plaintiff had not shown any ap pointment till the 4th of Elizabeth, and the person then appointed never acted as Coroner. The defendant showed that in that year an inquest was held by the Coroner for the county. There was nothing shown until the period between 1756 and 1796, when it ap peared some payments were made by the Magistrates for inquests held by the Duchy Coroner. They did prove many inquests held by him after, but the defendant showed that the County Coroner held inquests, and many more in fact than the Duchy Coroner, at the same period, thereby proving at all events a concurrent jurisdiction. He complained that the whole of the questions raised upon the record had not been left to the Jury. The COURT took time to consider the case, and wished to see the charter in the Latin. BIIRXEgTER V. PARRY. In this case the parties had agreed to take the opinion of the Court as to the construction of the residuary clause in the will of a testator, who died in 1790, whereby the testator gave all his personal estate to his wife, with power to dispose of the same as she should think fit ; but in case she should die possessed of any part thereof, without having made any disposition, then the trustees in trust to divide the same amongst his three daughters, or such of them as should be living at the time of her decease, and testator appointed his trustees executors. The executors proved the will, and testator's debts being paid, there remained a considerable residues amongst which •ere certain turnpike securities, which were handed over to the widow, and the profits of which she enjoyed during her life. At her death the three daughters conceived they were entitled to them under the residuary clause, and entered upon the receipt of the profits of the securities, and continued to receive them until the death of the eldest daughter, who made her will and bequeathed all her property to one of her sisters, who then took two-thirds of the profits of the securities, the other third being enjoyed as before by her remaining sister. This second daughter also died, and the remaining sister took the profits of the whole securities, and died, leav ing a will by which she appointed the plaintiff her exe cutor, and gave the residue of her property to the de fendant, who claimed them as part of the estate of the surviving daughter. On the part of the plaintiff, who was one of the administrators of the widow's estate, it was urged that under the words of the clause no trust attached for the benefit of the three daughters, but that the will vested the estate absolutely in the widow. His LORDSHIP, after hearing Mr. Pemberton very briefly for the defendant, ordered the plaintiff to hand over the securities to the defendant. It appeared that an arrangement had been made- between the parties as to costs. VICE-CHANCELLOR'S COURT, Nov. 9. (Before the VICE-CHANCELLOR of ENGLAND.) His HONOUR was occupied the whole morning with the further arguments in the part-heard case of Fletcher v. Northcote, which came before the Court upon exceptions to the Master's report. His HONOUR rose early. (Before Vice-Chancellor KNIGHT BRUCE.) lIENSLOWE AND OTHERS V. LAMBERT AND OTHERS. This was a question as to the construction of a will and codicil. The testator, Mr. Lambert, had left at his decease several daughters, some of whom were previously married, and others were married after his death. Provision in his will was made by the testator for each of those daughters, with reference to their respective conditions in life, and the immediate question was, as to what might be the interest taken by one of the daugh ters, Mrs. Henslowe, under the testator's will and codicil. His HONOUR ordered a decree to issue, directing the Master to inquire into and report what provision was made by the testator in favour of Mrs. Henslowe, and what unmarried daughters the testator had at the date of the codicil, and what provision he had made in their favour. CONNOP v. HAYWARD. This was a suit for the recovery of a small legacy of 501., left some years ago to the plaintiff by the will of his uncle John Hayward, which bore date 4th May 1813, and by which the testator directed the payment of the legacy within twelve months after his death. The de fendant Sarah Hayward, the testator's wife, was appointed executrix. bThe testator died in 1818, and the will was filed in June 1837. The defendant in her answer, admitted that she had possessed herself of the personal estate and effects of the testator, that they were of considerable amount, and more than sufficient to discharge all just testamentary and funeral expenses, and the several lega cies bequeathed by the testator, including this legacy of 501. which the defendant denied having reused to pay. The testator at the time of making his will was seised of certain messuages in the county of Hertford, which at the period of his death were charged with certain sums and arrears, to the part payment of which the defend ant proposed to the plaintiff, who was her nephew, that the legacy in question should be applied. He agreed, and it was accordingly so applied. Mr. COOPER appeared for the plaintiff, and submitted that under this state of circumstances the plaintiff was entitled to an immediate decree for the legacy. The defence rested on the statements set forth in the defendant's answer, to the effect that the plaintiff had lived with her long after her husband's death, and that she had never received compensation ; that the plaintiff subsequently took a farm, fur the stocking of which the defendant advanced certain sums of money ; that after wards the plaintiff becoming embarrassed in his circumstances, she again assisted him ; and that upon his affairs again declining, she took an inventory of the plaintiff's chattels and goods, and after selling the same there still remained due to her a sum of 28/. above he amount of the legacy. His HoNoun thought the best course was to have a decree issued directing the Master to calculate the amount of the interest upon the legacy, and then to in quire whether the legacy and interest, or any portion thereof, had been paid, and in what manner, with liberty to the Master to state special circumstances. VISIT OF THE LORD JIAYOR. At twenty-five minutes past two o'clock the Lord Mayor, accompanied by the civic authorities, en tered the Court, when the Recorder, addressing his Honour, said--" I. am desired by the Lord Mayor and Sheriffs of the City of London to request the favour of your Honour's company to an entertainment to be given this day in the Guildhall. His HONOUR intimated his acceptance of the invite tion, and the Lord Mayor, the Recorder, and their atten dants having retired, the business of the Court was re sumed ; but no feature of public interest was presented in the causes which followed. His Honour rose shortly before four o'clock. (Before Vice-Chancellor WIGRAM.) HART V. HART. His HONOUR gave judgment in this cause. The plain tiff and defendant carried on business as partners up to the month of March, 1830. About that time they agreed to dissolve partnership, and a deed was executed for that purpose. By the terms of this agreement the debts owing to the concern were divided into two parts ; one comprised good debts, and, the other bad, or doubtful debts. With respect to the good debts, they were to be received by the defendant for his own use, on his pay ing the plaintiff 2,0001. The bad debts were to be col lected by the defendant after the dissolution of partner ship. The bill was filed .in August, 1838, for an account of the receipts by the defendant since the dissolution of the partnership. The defendant admitted the deed, but stated that after the deed was prepared, and before its execution, it was discovered that four of the debts which had been treated as good were, in fact, bad, or doubtful. It was then agreed that the 2,000/. should be paid in a different manner, and a second instrument was executed. The defendant averred the performance on his part of the agreement, and insisted that the account sought against him should be taken on the footing of both instruments. Objection had been taken to the admissibility of the evidence with respect to the second deed ; and it was argued that it could not be admitted, because the original was lost, and there was no proof that it had been stamped. He had already expressed his opinion, that if the evidence were received, the agreement set up in the answer had been fully proved. He now thought it rested with the party objecting to the evidence to prove that the deed was not stamped. After referring to several cases on this point, his Hoeour referred it to the Master to " inquire what has become of the agreement mentioned in the answer, to have been signed by the plaintiff on the 6th of July, 1830." • VISIT Or THE LORD MAYOR. About half-past two the Lord Mayor, attended by the Civic authorities, having entered the Court, the Recorder, in his Lordship's name, requested his Honour's company at the entertainment to be given at the Guildhall this evening. His Honour having accepted the invitation, the Lord Mayor, with the Recorder and other authorities, left the Court.—The Court rose at half-past three. COURT OF QUEENS BENCH, Nov. 9. The COURT gave judgment in the following cases ar • gued during the present Session : HARVEY . O.3IEARA. In this case the COURT was of opinion that if the damages were reduced in the manner suggested by Mr. Kelly, there ought to be no rule. LANE V. lIEWSON. In this case the question was whether in an action of detenue the defendant should not have especially pleaded that he had a lien upon the goods. The Court had consulted Mr. Baron Parke, before, whom the case was tried, and he agreqd with them, that as the evidence of lien might be given under the plea of the property not being that of the plaintiff, in actions of trover the same rule would apply to actions of detenue, and the rule for a new trial therefore must be refused. DOE DEM PRESFIELD V. SKIPWORTHY. The question in this case, which was tried before Mr. Baron Parke at Lincoln, was whether the unadmitted of a copyhold could transmit the title. The Court %% as of opinion that he could, and therefore the rule fur a new trial must be refused. In the course of the day the new Lord Mayor, attended by the city authorites, came into Court, and invited the Judges, in th e usual form, to be present at the entertain ment:at the Guildhall that evening. WILLIAMS V. FORD. The COURT gave judgment in this case, which was ar gued by Mr. Eric' during the present Term. It was an action of replevin, and a rule was moved for a new trial, on the ground that the verdict for the defendant was against the whole weight of the evidence, which went to prove that the 43/. paid to the defendant was for rent due. The Court was of opinion that there ought to be a rule for a new trial. GARDNER I'. 31'MAHON. Mr. COWLING moved, in this case, for a rule to show cause why the verdict for the plaintiff should not be set aside, and a nonsuit entered, by leave of the Learned Judge. The action was tried before Mr. Justice Patte son at the last Middlesex sittings, and a verdict had for the plaintiff for 176/. The action was for work and labour done, and the ordinary money counts, and to these the plaintiff pleaded non-assumsit, payment, and the statute of limitations ; and that was the only plea THE LORD MAYOR. At two o'clock the civic procession appeared. The Lord Mayor, the Recorder, Mr. Alderman Johnson (the late Lord Mayor), Aldermen J. Johnson, Fern combo, Gibbs, Humphery, Sir G. Carroll, and the Sheriffs, having taken their places in the seat allotted to Queen's Counsel, the Recor der presented the Lord Mayor to the Court. The Lord Chief Baron congratulated him upon his ac ceding to his high office upon a day that would be hailed. with delight by the whole nation, from the auspicious event which had taken place. After the usual formalities, the Recorder, in the name of the Lord Mayor and the Sheriffs, invited the Judges to dine at the Guildhall, and they departed as they came. The CounT then took a few short motions, none of which possessed any point of importance. BAIL COURT, Nov, 9. Sir Frederick Pollock took the oaths and declaration as Attorney-General. PINKNEY V. BOOTH. In this case, in which Mr. Newton had obtained on a former day a rule nisi for arrest of judgment, Mr. Justice PATTESON said that the rule must be revoked ; first, because having moved in the full Court for a new trial, on precisely the same affidavits, and having been refused, it was not competent for the Learned Counsel to move in arrest of judgment in this Court. The motion ought to have been made in the full Court: and, secondly,-bcause a motion in arrest of judg ment could only be rilo, on the ground of something ap pearing on the face orthi record. Now, in the present case, the postea had not ye( been returned into Court. The will, therefore, must iiii,?:4•evoked. The parties, however, had their remedy. Ittfic grounds as stated, appeared on the face of the record, a! motion might be made in arrest of judgment, and if they did not appear on the face of the record, then they might move in error.—Rule re voked. F.XPAItTE ARNOLD. In this case Mr. WHITEHURST applied to the Court for a certiorari to remove the proceedings against a man named Arnold, charged with manslaughter, in to this Court, and for a rule nisi to ad mit the applicant to bail. It appeared that Arnold had been driving some persons in a spring cart in the neighbourhood of Birmingham, when, in turning a corner, he drove against a post accidentally, the cart was upset, and a Mr. and Mrs. Baldwin were thrown out. Mrs. Baldwin died the next clay, and an inquest was held on her body by the Coroner of Birmingham, and the Jury returned a verdict of accidental death. Mr. Baldwin having been removed into the neighbour hood in which he resided, died also about a fortnight after the accident. An inquest was held before the County Coroner, and the Jury was composed of the neighbours and friends of Baldwin who were ex ceedingly anxious to punish Arnold, and they brought in a verdict of manslaughter. The affi davit of Arnold stated that the death was entirely the result of accident, and that the applicant was too poor to be brought up, and therefore he trusted the Court would permit him to be admitted to bail before a Magistrate in the country. Mr. Justice PATTESON—Take the certiorari, and the rule to show cause for the bail. Application granted. THE QUEEN V. THE SHERIFF OF WARWICKSHIRE.-- bIANDAMUS. Mr. WHATELY, on behalf of the Birmingham and Glou cester Railway Company, moved for a rule for a man damus to the Sheriff of Warwickshire, directing him to review his notices of the costs in the cause of Parkes v. the Birmingham and Gloucester Railway Company. Under the you ers of the Railway Act, the Sheriff had been called up to summon a Jury to assess the com pensation' due to Mr. Parkes, for land taken from him, and for injury done to his property by the Railway Company. The Jury gave him a verdict of 201. as the value of the laud, and 5001. for the damage done. Now, by the Act of Parliament, in such cases costs could only be allowed for the summoninc , the Jury, for the expenses of witnesses, and for the bond for the secu rity of payment ; but in taxing the costs in this case the Under-Sheriff had allowed the plaintiff costs which he was not authorised to do by law, such as for attend ances, instructions, &c. This had been objected to at the time, and the Under-Sheriff had subsequently been applied to, but had refused to review his taxation unless the Court should be of opinion that he ought to do so. Under these circumstances the application was made. Mr. Justice PATTESON—Take your rule.--Applica tion granted. INSOLVENT DEBTOR'S COURT, Not•. 9. RE SIR WILLIAM BOYD. The insolvent in this case was the individual who had made two or three attempts to escape from the Fleet Prison, and one time so far succeeded as to get to Charing-cross disguised as an old woman. He stated to the Court that he had been knighted by William IV., on presenting his Majesty with an epitome of a work callad the " History of Literature." Mr. THOMAS, on behalf of several creditors, applied to the Court, that they might be permitted to prove their debts now, on the grounds of not having p-evious intima tion of the insolvent being about to pass through that Court. In making the application he felt bound at the same time to inform the Court that there were many of them which had been contracted more than ten or eleven years back, and that the Statute of Limitations might be pleaded against them; but he trusted this sta tute would not be allowed to act as a bar against the claims, as the insolvent had managed to keep out of the way of his creditors for many years, and had been in Ame rica and upon the Cantinent for a long time, Mr. Hobson, coachmaker, of South-street, Orosven , 24 square, said the insolvent came to him about thirteen years ago, and bought a cabriolet with harness for 1501., for which he gave two bills, which proved to be value less. For years afterwards he never met him, until he saw him one night at Ofley's, when he gave him into custody for swindling, but the police would not interfere. He had frequently tried to meet him since, to sue him, but in vain. Several other witnesses having deposed similarly, the Learned Commissioner said he would adjourn the case to Saturday, the 20th inst., before which time the insol vent was to receive two days' notice of the particulars of any of the new demands against him. Mr. Hobson informed the Learned Commissioner that he and those creditors who appeared to-day were in ig norance whether the insolvent was in existence or not until they saw the newspaper reports of his examination. IN THE MATTER OF CHRISTOPHER SMITH. In this case, the particulars of which appeared in The Sun of yesterday, the insolvent was called up for judg ment, when the Learned Commissioner ordered him to be remanded for nine months from the date of his vest ing order. RE W3l. ROBINS. The insolvent kept a public-house in Clare-market, and was opposed by Mr. Cooke, on th© part of a number of creditors. After a lengthened examination, Mr. Commissioner LAW said the facts of this case were of so glaring a na ture that he felt bound to remand the insolvent for 18 months. POLICE INTELLiCTENCE. BOW-STREET. An application was made this morning to Mr. HALL, the sitting Magistrate, requesting that he would issue his warrant ordering the prisoners Kennot and the brothers Paccard, charged on suspicion with adminis tering deleterious drugs to Michael Kennot, on the morning of Saturday last, to be removed from prison, that they might be enabled to be present at the adjourned inquest to be held at the Grapes public-house. The application was made in consequence of a wish expresser) by the Jury that the parties should not be crimma.ti.d in their absence. The ilagi;irato said that he had no power whaterer to interfere in the matter; he could give no order either one way or the other. The Coroner might issue his warrant requesting the gaoler to allow the parties to be removed from prison for the occasion, but that was an arrangement in which a Magistrate could not interfere. HATTON-GARDEN. On Monday Geo. Chay alias George Brown, an elderly man, of reduced appearance, was charged by Charlotte Watson, a widow, residing at No. 2, Abbey-place, Coram-street, Brunswick. square, with having stolen an umbrella. The prosecutrix stated that about a fortnight ago the prisoner called at her house to inquire after some apart ments, when he proposed that he should board and lodge in the house. She agreed to receive him on these terms, and he entered the apartment ; and, after bein g there a week, one morning when it was raining, he requested her to lend him an umbrella, which hung in the passage, but she declined doing so. She subsequently missed the umbrella, and she saw no more of the prisoner until Mon day morning, when she accidentally met him in Judd street, Brunswick-square, and gave him into custody. Police constable 187 S stated that at the station house the prisoner admitted that he had pledged the um brella for 2s. The prisoner, it may be recollected, a few weeks ago was charged at this'Court with having stolen some wear ing apparel, &c., from a house in Bell-yard, Fleet-street, where he had taken lodgings, and on that occasion he gave his name George Brown; that he was a Bachelor of Arts, and had been educated at Caius College, Cambridge. His answers to questions relative to that College convinced Mr. Greenwood that he had told the truth, and the prosecutor not pressing the charge against him he was discharged, when he was relieved out of the poor box. The prisoner now said that he could not justify his conduct, but he was driven by ur gent distress to pledge the umbrella. The prisoner begged for mercy, saying that he was in great distress, and he must have starved had it not been for some tem porary relief which he had received from a clergyman, whom he knew at college. It was his intention to have paid the prosecutrix and returned the umbrella. Mr. COMBS said that such tricks must be put a stop to, and he would convict him in the penalty of 205., and 25., the value of the umbrella, for illegally pawning, and, in default of payment, three weeks' imprisonment, with hard labour, in the House of Correction. Prisoner (clasping his hands entreatingly)—Oh ! I beg of you not to send me to prison. Pray, reconsider. Do allow me to speak to you. Mr. COMBE refused, and informed the prisoner that he would be liberated if the penalty was paid any time within three weeks. He was eventually conveyed to prison THAiIIES-OFFICE. ROBBERY BY A POLICEMAN.—On Monday Win. James Chandler, a metropolitan police constable of the Thames division, was charged with stealing a watch and other pro perty belonging to a sailor boy named John Lingworthy. The prosecutor stated that he had lately been paid off from a ship, and on Wednesday last he went into a pawn shop opposite the St. Katharine's Dock to sell his watch, and while a man at the door was looking at it, the prisoner came up, took the watch out of his hand, and asked him where he had got it. He told the prisoner his father had bought the watch and given it him, which was true. The prisoner said he hoped that was correct, and inquired of him where he had procured two bundles of clothes he had with him. He informed the prisoner that the clothes were his own, and that he bought them of a Jew slopseller. The prisoner said he must show him the shop where the clothes were purchased, and he did so. After that the policeman said he must go to his house, and stop there, and he would try and get him a ship, and get him off to sea. He had just before told the prisoner he wanted a ship. He went home with the prisoner, who kept the watch in his possession, and dined with him. After dinner he went out with the prisoner, who said he would get him a ship. They went to a great many places together, and the prisoner gave him the slip and left him. He sought for the policeman's dwelling, but he was unable to find out the place again, and he did not know where to find the prisoner, who retained possession of his watch, as well as his two bundles of clothes. On Sunclay morning he met the prisoner in High-street, Wapping ; and he asked witness what he had been doing and where he had been to. He told him that he had been looking after him, on which the prisoner asked him what he was going to do. He said that he should go to the police-office, and the prisoner begged of him not to do that, and took him home, where he delivered up the clothes to him, and promised to re store his watch at some future time, and leave it at the Three Crowns, where he was lodging. A silver watch, chain, and seals were here produced, and the boy identified them as his property. Some corrobative evidence was then produced, and it was also proved that the prisoner had pawned the pro perty. The prisoner, on being called on for his defence, said his legal adviser had directed him to reserve it ; and he should de so, for he was innocent of the charge. Mr. BRODERIP committed him to Newgate to take his trial for. the felony. MARKET INTELLIGENCE. (From the London Mercantile Journal of November 9) SUGAL—The dulness before noticed in the West Indian market has considerably increased during the present week, and the transactions have been upon a very limited scale ; both the grocers and refiners have bought sufficient only to meet their wants, and the tendency of prices is downward, but the firmness displayed by the merchants has prevented any decline worth noticing, though in many instances prices that were belbre refused for the lower kinds were during the better part of last week accepted. Good and fine gro cery samples continue comparatively scarce, and are the best supported. The sales of the week arc about 750 hhds and tierces. This being the day, in pursuance to annual custom, set apart for the installation of the new Lord Mayor, our markets were tut thinly attended; no public sale was brought forward, and it was observed as a holiday in nearly all departments of trade. MATJRITIUS.—We have not had a public sale of this description since our last. EAST INDlA.—White Bengal is still inquired after by the grocers, and former rates are paid, with still few parcels offering ; the yellow and brown sorts which are in abundance have again keen sold upon easier terms. The only parcel brought to public sale consisted of 274 bags white, which were only partly sold at 72s for fine quality. The sales of West India Sugar were confined to a few boards to meet the wants of the buyers, at about the rates of Friday last, at which the merchants showed firmness. FOREIGN.—The demand for Bengal and Havannah continues extremely dull, and in the absence of a pub lic sale we have had scarcely any business done : at the same time there are few parcels offering, the holders not being disposed to accept further reduced rates, which must be the case were sales to be pressed. For a parcel of fine yellow Havannah 21s has been offered but refused. REFINED.—The market has been in a dull state for Refined Sugar all the week, and prices have declined is per cwt ; 80s is the value of standard Lumps ;,there is a fair supply of goods. In Treacle several sales have been made, and at former rates ; 23s 6d to 26s paid for common, and 26s 6d to 32s for other sorts. Bas tards have moved off slowly, and at lower rates ; 40s to 46s paid for ord and mid, and 47s to 56s for good and fine. Pieces have found a free sale, good to fine at 67s to 755, and inferior at 60s to 645. Bonded Crushed Sugar dull of sale, fine quality at 28s 9d to 295. Treacle has been in active request at 13s 9d. In Dutch Crushed Sugar no sales have been made, sellers at 27s per cwt. CorFEE.—The market wears the same firm charac ter as when we last wrote. There is a good request for good clean qualities of "West India, but of these there are so few parcels offering that the buyers are not easily suited even at stiff prices ; the low and middling sorts have not so ready a sale, but are held firmly. The public sales have comprised 134 casks 74 barrels, con sisting chiefly of low and unclean sorts, for which there was little competition and the bulk was bought in at very full prices ; the best samples sold rather above former rates. Jamaica low middling fetched 106 s to 1075., fine fine ordinary 100 s to 10Is., fine and fine fine ordinary unclean 755. to 765. ; Berbice, fine ordinary unclean 69s 6d, and Demerara good ordinary unclean 55s per cwt. Ceylon has further advanced is per cwt, with a good demand; 2,114 bags have been offered by public auction,. all of which found buyers, low good or dinary pale at 66s to 68s 6d, ditto little colory at 69s to 70s 6d, and B. P. sort fine fine ordinary colory at 93s Gd to 94s 6d, and fine ordinary palish little colory at 85s per cwt ; the latter sort was considered to be very dear. Mocha is in good request, and prices are rather higher; 221 bales ' brought to public sale sold briskly, good fair yellowish clean garbled at 102 s to 107 s, and fair bright greenish at 101 s 6d to 103 s 6d per cwt. In other B. I. or Cape sorts there is little alteration, and no material increase of demand has been experienced; 198 bags Batavia sort cffered at public sale realised 43s 6d for good ordinary, and 47s to 50s for good pale yellow: 1,368 bags La Guayra from the Cape were 'disposed of by auction, at steady prices viz., 41s 6d to 42s for good ordinary. The market for Foreign Coffee remains very dull; only one small public sale has been offered, consisting of 462 bags St. Domingo, which was bought in at 41s 6d for good ordinary little cohary. Privately the transactions are trivial, and unworthy of enumeration, the holders not being desirous to make sales at present. COCOA.—The prices of West India sorts are a shade lower, and the demand is limited ; the public sales have contained 377 bags and barrels, which went off heavily, not above one-half that quantity finding buyers. Trini dad, mid dark red at 44s 6d to 465, very dark greyish red at 41s 6d to 435, grey at 403. Grenada, good fair red at 40s to 435, and St. Lucia, fair red, at 40s per cwt. TEA.—The Overland Mail has had some little effect with regard to the prices of Tea. Company's Congou on Thursday was Is 10Id per lb cash ; and on Friday after the various points had - been discussed, the quotation declined to is 9id to Is 10d, - and on Saturday and yes. terday it was firmer at is 10c1 to is lOid per lb. The public sales on Friday consisted of 2.830 packages. Congou sold at 2s 4-id to 2s 4ld, dull and rather reddish leaf 2s 110 to 2s 2d ; 200 chests Bohea withdrawn at is Bd, Wu boxes Caper 2s 1.21 to 2s 24d ; 158 Souchong 3 s 4 d t o 3s ; Orange P e k oe 2 s l i d to 2s 10Id I .s l o o n we 2 r s y 2 c d litt t o o , 2 4 s s 4 ; id H ; ys l o m n pe Skin i ' 35 2s Id 2 io d 23s 4, 3 1 1 Gunpowder 3. unpowder 2s 10d to 5s per lb. To-day the Tea market remained firm, but little busi ness was done. Company's Conger. is 10d per lb. cash. PIMENTO is held more firmly, but in the absence of public sa l e s we have had but few transactions, which have brought full previous rates. SPIRITS. —The demand for Mum has been extremely limited all the week for both home use and export, but holders are firm, and will not sell proof Leewards under ls. 10d. Brandy is held firmly, and a fair business has been done. Corn Spirits in good request, at 105 4d. Geneva is dull, at 2s for common quality. - TALLOW.—This market has continued in a very dull MORNING SUS --- state throughout the week. South' American Talin: improved.RicE. rh G e o d o e d m m an i d dd f l o i r ng ße a n n g d al I g l o ic o e d 42s 9d to 45s 3d for low to very fine quality. . 12s 6d to 13s 6d, and low middling and her al: lls 6d to 12s per cwt. Java is helefor higher price', but there is little disposition to purchase the artice. , PEPPER.—The demand for this article is dull, On bulk n fine qualities barely support previous rates ; 4,543 bags( Malabar vi ere offered by pulic auction, the ~d , which was taken in, good fair bright heavY as „sa g io hansolcdon,svidbeitr:o.hlst,y: ditto grey at 44d to 41-d, fair half heavy bright at or 31d, and grey much mixed at 3-kd per lb. INDIGO.—There is a fair inquiry after bast gr ligli . : sorts, and the bought in lots continue to be taken out;, last sale's prices to 3d to 4d per lb advance for s elec t . a lots. About 1,200 chests of the quantity bought in at 0 recent sales have been placed. Ons.—All common Fish Oils remain very r ill ithnheopl held price r , tmh a le n 3r d , e i u s p n o on activityth e Nvh i o n l e thea fair market.business ra 1 is 'e s d e t y rt l business done beyond Whale at 341 lOs to 351 per WM. . In Sperm Oil little 38/; tChoed.puabtii2e9/sa,les,and fine South% the bulk was, however, disposed of, viz.-9 5 lower rates, and there was little spirit iisibtichhe beisdtclaibelitslii Oil and Headmatter of British catch, the Oil at 9 11 ` c to 921. the Headmatter at 100/. to 1021. 55., an d / ` ll° b, tuns SPe r T, . 40 tuns Sperm and Headmatter of America eatfq. which sold at 891. 15s to 90/ for the Oil; and at v, :i lOs tofor Headmatter. For linseed un'd there continues to be a brisk demand , , 4 8 , g , considering the small quantity of Oil that is demand, an excellent business has been done, and at further for advanced prices ; 37s has been currently P a '" ,00 parcels on the spot, and it is not difficult deliver, T purchases under 37s 3d per cwt ; for future be there is also a good inquiry, and sellers ellin°‘, ol found except at higher rates. Rape Oil is 0 • 190 1 s i. scarce, and prices remain firm. In Olive Oil little be., ness doing, on account of the great scarcity of the ar d '' ei and the high prices quotedare little better than l l°. initial. Small sales made in Cocoa Nut Oil of flue ( P IP lity at 40s 6d to 41s per cwt, duty paid. W SCOTCH MARKETS. Olt ' ;!, ' Wheat. Barley. Oats. Beans. ___,.....,' —.----......! ......t, 0 asbcrdeen... BC to 70 27 to 28 20 to 24 —to —r, it Berwick 39 55 18 21 15 21 3 0 :', go P Coldstreams2 22 24 17 19 'lB 1 2;,, .... :, 6 Cuar File 48 65 26 31 18 22 22 % si "" Dunbar.. ~ 59 65 25 28 21 24 37 .Z, ~.. "" '. Elgin 59 60 26 27 22 -25 44 4 a° ... .... '° Inverness 4B 60 23 23 21 24 32 :,', .... Kelso ..... ,_ 40 55 24 27 17 20 SO 11 43 Kirkaldy 154 60 29 35 20 25. 45 4 " ..... . Perth ..,,y. IS - P. The size of the measure varies throughout the CO HADDINOTON CORN MARKET. ro l ,ea Wheat. Barley. 1 Oats. 1 b , e .,ns Jib First Fes Oct 40s 00 S O 5 OA ' 50s 02 ' 41 , 'I Second 6,4i Od 345 1 d 245 6,1` 4 5 5 Cd I 4 6 i Oa Third 6os ed Zls Od "Is Oct 4ed Average 3t. 8s LI 7 Ntlis. DALKEITH CORN MARKET. VII Wheat Caney. 1 Oats. Pease. 49. 0 First.. ...... 1 92 s i u 375 tld : 2.s 42 46, 01 1 5.4) 4 I Second . 71s Od 31s 62 ( 24s (Ni, 3..4 0 1 ... , i " Third 5Es Oct lus 02 Ls 0 , 1 --‘ Od _ LG_• DALKEITH CORN MARKET. 1 Wheat Caney. , Oats. prase. 1 , )2s i u 37s :311 ‘, 2.s 41 46. 01 Its Od 31s 6LI ( 24s (11i, 3 • s °I I 5Es Oci lus 01 1.2 0 , 1 --‘ 0 ' I.‘" OLASOOW CORN Mt RKET. , 4. 04 Wheat„ rer 240fb. s. ti. s..i. Oat; per - '64lb 'I . lise British, 01.1 350 to 38 0 lri.b . ...... ..... ..... ... 0 0 •••-•--........ HEW Canada, free — 0 0 Beans, per 26 0 '00 00 Irish. 3lO :25 English : ..............• 220 00 Barley, per 3201 b. !Scottish .... . ........... 00 1 01 English 2T 0 29 0 I Pease, Scot tish ..... a 6 01 Scottish 25 0 28 0 , Oatmeal, per 1:91h.... 4 5 U Irish LLOYDS' SHIPPING. LONDON, Nov. 9.—Wind this day at noon, S.-kolfe , DEAL, Nov. B.—Wind S.W.—Arrd. General -or or, Demerara ; from the River, Fortitude and EIe A , A- ..1 1 v Sydney ; Wm. Fulcher, Port Adelaide; Clarenu°qllloll; maim; Supply, Cuba ; Osceola,_ _New Orlean s ; " O E4 River Gambia; Arachne, Malta ; Thisbe, Sierra LIVERPOOL, Nov. B.—Arrd. Royal Sovereign, ‘," le re• Bombay, sld. from St. Helena, Sept. 1 ; 13 " 1 ;: t ile' Stephens, ditto ; Currency, Calcutta, Engla „ . i:1 1 8; New York, sld. 19th tilt. Sid. Ben .Neyisi, Chaos, and J. Bolton, New Orleans ; J. Bently, Sasa~ nah ; Jessie, and Coronet, Charleston. A Gres PORTSMOUTH, Nov. B.—Wind S.W. Liverpool (steamer) Alexandria, left 22d tilt, tot°, H. 27th, Gibraltar, 3d inst. Sid H M.S. Serineoria, Chatham. Arrd. off, Ganges, Singapore' River Plate, for Hamburg ; Dart,/‘irth ' „-°- 1, •°' Austin, for Surinam. 1 , for OFF DOVER. Nov. 5. Tasmania, Ham burg' Cape de Verds ; Planter, for Hamburgh. , Ind r OFF HASTINGS, Nov. B—Louise, Philadeip..-- • pendent, Havannah. GLOUCESTER, Nov. B.—Arrd. Somerset, All atii 4 i pet , Conic, Nov. 6.—Arrd. John Fenton an d Leghorn; Lady Douglas, Malta. ri; „ to i'' 9ll ;; MARGATE, Nov. B.—The Amelia, from u , -- 11 it don, ran on shore on Foreness Rock last night' but expected will be got off after being r g htenen7 n t° o atbi YARMOUTH, Nov. B.—The Breakwater, of " al. b ° ed is on shore on Scrobv Sand, but she is eNPet 1 4, large got off ; part of the cargo thrown overbn ar `n ;11 0 '1 north country brig, master's name Armst i r: l e l g' s l e s nt ; P Ar ' on the Cross- Sand. Assistance has of the cargo must be thrown overbOard. , Lond° ll VESSELS SPOKEN WITH.—The David C lark ' to Sydney, lat. 6 S., lon. 26 W., by the Ow en Lifer , dower, arrived at Madras. Robert Anderson Co" pool to Batavia, 3d July, lat. 28 S., lon. 2 3 29 b' to cord, Boston to Batavia, 24th, lat, 32, ion, - ' °°, • Annabella, arrived at Ceylon. Vibelia, LiverPdiner Bombay, ' May 29, hit. 9 N., lon. 24 W•; Clyde to Philadelphia, July 17, lat. 38. S., ion. 13150 V the Ambassador, arrived at Madras. Motboroug ll l , ,,, lin to Hobart Town, Sept. 26, lat. 1 . N., lon. IS; (barque) of London, sth ult., lat. 2, lon. 2 1 ; g, b 9 Freeman, Cardiff to Boston, 4th inst., lat. 50, l oll ' . 0 0 the Belvidere, arrived at .iverpeol. Bessy Bobltaib: Cardiff to Constantinople, 13tkutt; - 50 miles E. 01 oc l;, ralter, by the Agno, arrived at do. Jane of Green6fa' 4th inst., lat. 8, lon. 50; Sr E. Paget, London t° corl‘' ney, 29th nit., by the Lady Douglas, arrived at 0; Mary Ann, for Madras, out 33 days, lat. 11 15.T.,1°116T Sir E. Paget, London to Sydney, out 22 days, 'Vigor', net, arrived off Margate. Ivanhoe, Chin a to 11° , ° $• Aug. 24, lat. 29 S., 44 E.; Lyillonteiih, Loudoadro Kitt's, 14th ult., lat. 22, lon. 35; Rockliffe, 31 „ ) , Liverpool, 19th inst., lat. 32; Mainlance, Bowl:Ai:1;m Ar don, off Flores, 27th ult., by the Royal Sove re ' rived at Liverpool. Symmetry, Manilla to Col o tter 6, lat. 35 S., lon. 23 E.; Gertrude, Padang, t° Cor k t° dam, 3d ult., lat. 15 N., lon. 28 NV.; Agostina, Atlo-4' New South Wales, 2d ult, lat. 6 N., loll' 20 3 ; r• Fl a Havre to Martinique, 13th ult, lat. 22, to - •; ) :14. - r rence (Am.) 15th ult., lat. 24, lon. 36; Lusit ° , lll o , 4 lcl ie e. to Liverpool, 20th ult., lat. 35, lon. 38; i t e ry i s S; e Liverpool to Havannah, 29th ult., 1at,44, bY whaler, from London, 31st ult., lat. 46, Jo n Inglis, arrived off the Wigh do or PLATE.—A. B. SAVORY and Sa' NS ..n . P IO S11 ..: facturie. Silversmiths, Ne. 14, Cornhill, London (Or o . 4 i i t l• Bank of " England).—The best wrought Fiddle-Patt•eng O r et Spoons and Forks, at is. 2d. per ounce. The follow.: lig bt. weights recommended, but the articles may be 1 10. , il. heavier at the same price per ounce : l'O d• 0 1 4 oz. g• , I s 12 Fiddle Pattern Silver Table Spoons 30 at 7 :, ". 7 0 o lb I 12 ditto Dessert ditto 20 at 7f, Iv 3 . 12 ditto ' Table Forks 30 at '7 2 ''. 7 1 1 6 11 ditto Dessert ditto 20 at 2 ditto 1 ditto Gravy Spoons 10 at 7 2 3 1 6 9 Soup Ladle... 10 at 7 2". 3 0 0 4 ditto Sauce ditto... 10 at 7 ..• "'" / 4'o 4 ditto Salt Spoons(gilt strong) 2j o i 1 ditto Fish Slice... ........ ..••••. 5 0 0 12 ditto Tea Spoons... 10 at 7 . v 604 1 ditto Pair Sugar Tongs (stro 5 losto" aer N.B. A price current, stamped as a newspaper ,l to drawings, and containing every information felat ic lficsi i. t• $ chase of silver or Sheffield plate, may be bad 011,..rr o peet will be sent into the country. free of postage , ''" paid letter. s od F 03d 5 t1 0 C. J. DENT begs to acquaint h iS - ri e iviov the Public that he has just had the honour a ref' subjoined letter from the Admiralty : 1 01 4 Copy.) Admiralty, 29th Septern o o se S o y " Sir—The annual trial of chro no meters for the amr for° Alajesty's Government having now terminated, t o i ll , fog' mended by my Lords Commissioners of the Acinlir a ,`; . e °lva' you that their Lordships hav e di rec ted me to Furr“.,--aini lowing chronometers at the vari o u s prices specifie d '" respectively, viz. ' l l CO Dent, No. 1,571 55 gut 0 Dent, No. 1,606 ... 4O gu r ', a s Oil Dent, No. 5,621. (pocket) 3O g, e l: . 0) tria. r na llf " Their Lordships having been pleased, in °l . : p rop° ru° superior performance of 1,571, to assign to it increased price to that usually given. erran t ' her 1 am, Sir, your most obedient 5 , , dro gr3P •'F. BEAUFORT , " ) „ n d. to "To Mr. Dent, Chron o meter M a ker, 82, r s ubje c / - Out of 80 Chronometer s , by va r i ou s Alak er ' e hoic e - B pd the late trial by order of their Lordships, the edit i°° ' th is above three, with two selected for the Niger ,E % P s he ha 9 r others, enables Mr. Dent to affirm that he bel le "; me ters f° 14 1 year supplied their Lordships with more Chrono a to drop' use of the Royal Navy than have been furnished sra l , t hat " any other Maker. It affords Mr. Dent additional pleastire to their Lordships' high recornmendaticin be °wes th w e N i g er h t° having made a Gold Chronometer, preseiited to pedition by his Royal Highness Prince Alier t • Wate-ell to state._ e wol oo r Dent's Lectures on Chronemeters,Vocks, and _ res ell e l customers gratuito , be obtained at 8. S G ih ea9 ' 40 Present • • price of Two-day Chronomete usi t y rand, price one shilling, but V o f : I nn e of a dattghter. * lsdi t tR, eeev44.tthhwutt.iltti., at t he lad y i o ß f 1 31 rHofSe:sor Boyle, Al. D., F . vt,. , 5 On the 6th inst., helaurlkye,sl3.P.Aar• ,oonfaages'onL. 3.neaellire, the ------ ll, fr of Gloucester -street, Portman-square'; to Elizabeth, ) . 0 daughter of B tiley SmaitthW2l,laElitsfßqor.Rd,:ofilF:Wrpeadt.f:riedk, :eoirr:anse:llvtg: J. On the 6th inst., at St. Mathew's Church, J Smith Crem Royal 1 An ne, danglit' er, Artti erv, to late Louis . I c ez, Dubuisson, Esq , of the. Stock Exchange ~,. Da r _ Bristont..;oi the Un the 6th inst., at St.. James's, Westminster, (- 1 ~ ~V• BP of Oxford -street, to Emma Anne, eldest daughter of Gregg, 1,-,sq. DIED. es Ca ul' On the a7th of August, at Dominica, Lieutenant Jam field Gordon, 92d Highlanders. ft bert 31ere- On the .sth of September, in Table -bay , Joh n —l ' d 2. •r: vrether, third son of Air. Serjeant iklerewcther, , g e . , t he vi i -t On the 6th of September, at Benares, Anna.Mria.pfanrY• of Captain George AcklOm Smith, of the 9th Ni, 1 cu pid' On the 31st ult.. at Boulogne-sur-Mer, W. F. ham, Esq., younger, of Robertland, Ayrshire. f the la On the 6th inst., at Lower Tooting, Mary, widow 0 Mr. Durst, aged 75. of ° air On tile 7th inst., at Clifton, R. J. Harrison, Egls, got° Lodge, Emsworth, Hants, Alagistrate for the counties OV-torda and Sussex, and formerly Captain in the Royal 11° rse Blue. of ---- No. --,010, ." London: Printed and Published by MURDO "' out 114 " Strand, at The Sun Office Strio. 1 1 110 coimtf of Middlesex, Wednessity:N° Y.D°3er I°'