The Sun. — London, England, 1841-12-17 00:00:00

MORNING SUN Jeffries, now Mary Jordan, in the penal sum of 16,0001., with a condition for making the bond void on the pay ment of 8,0001., with interest. On the marriage of Mrs. Jordan the bond was assigned to trustees, in trust for the benefit of, herself and children, and after her death for the belie& of her husband, so long as he remained a widower. The bond, by means which did not appear, came into the possession of Henry Jordan ; and in the year 1832 the defendant, Mr. Bell, advanced 7,000/. to Jordan, upon the security, amongst other property,. of the bond in queition, upon the faith of a representation made by Jordan to Mr. Bell, that his wife's real estate had been settled upon her and her children, and that the bond had become his property. In support of this statement Henry Jordan produced to Mr. Bell a settlement, which he alleged to be the only settlement upon the marriage, and from which it ap peared, contrary to the fact, that he was in legal posses sion of the bond. Mr. Bell made no inquiry whatever of the obligors of the bond before he advanced the money. In March, 1833, Mr. Bell, by his solicitor, gave notice of this security to the obligors of the bond. The question, therefore, to be decided was whether Mn,. Jordan and her children, or the defendant, Mr. Bell, had the best equity upon the money secured by the bond. The sole question was, whether at the time when Mr. Bell gave notice of this incumbrance to the obligors of the bond, such notice of the marriage settlement of Mrs. Jordan had been given to the obligors, or any of them as would deprive Mr. Bell of the benefit of the rule of law. Thomas Starling Benson, one of the obligors of the bond, deposed that he had no tice at the time of Mary Jordan's marriage that the bond was settled on her and her children. That testi mony was not contradicted. If it were necessary to fix the other obligors of the bond with notice, he would have great difficulty in acting upon the Master's Re port. But it had been decided in the case of Smith v. Smith, in a full Court of Exchequer, that notice to one trustee was sufficient to bind the rest during his life ; and the case of Tenison v. Ramsbottom, before the Mas ter of the Rolls, had confirmed that decision. In both these cases the question of sufficiency of notice was treated by the Court as a question of substance, and he entirely concurred in that principle. The judgment in this cause must therefore be in favour of Mrs. Jordan and her children. If Henry Jordan were in Court, there could be no question as to who should bear the costs oc casioned by his iniquities. He could not give Mr. Bell his costs, because if he had made proper inquiry he would have escaped that loss to which the judgment of the Court would subject him. He could not acquit the trustees of all blame in the transaction, for if they had used proper caution the bond never would have come into the possession of Henry Jordan. He could give no costs against the co-defendants ; the plaintiffs must have their costs out of the fund. Considerable discussion having arisen %t the bar in reference to the situation and rights of the several parties to the suit, his Honour made the following addition to his decree:—" Declare that Bell is entitled to stand in the place of Henry Jordan during his life (provided he remains a widower) in the event of his surviving his wife, and declare that he is entitled to a lien on the fund to that extent. Declare that the fund subject to the inter est of Bell, belongs to the trustees of the settlement made on Mrs. Jordan's marriage upon the trusts of that settle ment. Let the fund be transferred to the trustees of that settlement, and let the cash in Court, or stock, arising from dividends invested, be paid to Mrs. Jordan, and if necessary, let the Master ascertain how much of the fund in Court has arisen from dividends accrued since the fund was transferred into Court. Declare that this order is without prejudice to the claim of the trustees to be re imbursed their costs out of the trust fund." The COURT was occupied until its rising in hearing the urther arguments in this cause. COURT OF QUEEN'S BENCH, Dec. 16. (Sittings at Guildhall, before Lord DEN) AN and a Special Jury.) CRAM, B IRT., AND OTHERS V. FENN AND OTHERS. Mr. KELLY stated the case. It was an action brought by the plaintiffs, Directors of the Northern Reversionary Company, against the Asylum Life Insurance Office of London, to recover a sum of 2,0001., being the amount of a policy of insurance effected upon the life of the Hon. George Talbot, brother to the Earl of Shrewsbury. It appeared that Mr. Talbot was desirous of raising a sum of 15,0001., and the contract for repayment depended en tirely upon his succeeding to the Earldom and estates— if he failed to succeed nothing at all was to be paid. A sum of 2,500/. was advanced in hard cash by the plaintiffs, and to cover the risk which they ran, as in the event of his dying before the Earl of Shrewsbury, they would receive nothing, they ef fected an insurance on Mr. Talbot's life for such a sum as they thought would cover their risk. They insured in several Scotch offices, and in one London office, the Asylum. The Scotch offices paid the sums in which insurances were effected, but the Asylum office had thought proper to refuse. The result was, that they thought it proper to file a bill in Chancery against the plaintiffs, and extorted from. them, upon their oaths, an swers regarding every fact that could affect the case, and furnish them with the means of defence, ar.d which they could now make use of if they thought proper. He would establish the fact that at the time when the loan and insurance were effected, Mr. Talbot was in good health and of temperate habits, and when he had done that, he was really a t a l oss t o know what defence could be made with any shadow of justice to the present action. The only question for the jury being, whether he was not of intemperate habits in the month of August, 1837, when the insurance was effected. George Caulfield—l am a solicitor, carrying on busi ness in Harl.y-street. I was acquainted with the late Mr. George f ralbot, who was brother to the Earl of Shrewsbury. I acted as his solicitor from 1836 down to the time of his death, which occurred on the 11th of June, 1839. I was in the habit of seeing him almost every day when in town, and I frequently lunched and dined with him. He was living at Broadstairs, and came up to London occasionally. I scarcely ever saw him drink anything. I negotiated the loan for him with the Northern Reversion Company, and by desire of one of the Company I made arrangements for insuring his life. The Company carry on their business in Edinburgh. I made a proposal on their behalf to the Asylum Life Office in London, the 253 th July, 1837. [The proposal to effect an insurance on the life of Mr. Talbot, fur the sum of 2,0001. was then put in and read. On the margin was a note " 4/. Is. for former intemperance."] The ordinary premium according to their scale would be 2L 15s. per cent. and the increased premium of 41. Is. was for former intemperance. My communications were with Mr. Farren, the resident director. The policy was effected on the 11th August, 1837. I thought Mr. Talbot was at that time leading a moderate and temperate life so far as I knew it. I saw him repeatedly during the re mainder of the year 1837, and his habits were the same. I have seen him take as much as five or six glasses of sherry after dinner, and there was sometimes a bottle of claret afterwards which he did not partake of. Cross-examined by the ATTORNEY-GENERAL.—I first saw him on the business of the insurance about the Ist or 2d August, 1837. I had seen him previously in April or May. The business I saw him about on the Ist or 2d August was another loan. I saw him every day till the 4th or sth, and sometimes twice a day. I recollect see ing him in October, and also January, 1838. My share of the 2,5001. was nothing. Mr. Farren paid me a com mission for effecting the insurance. Of course I was also paid for my trouble and loss of time. I dined once at Hatchard's hotel with Mr. Talbot. I think George Pine, a mate in the navy, dined with us. Thomas Davis —I am a surgeon residing at George street, Hanover -square. I knew the Hon. Geo. Henry Talbot for 25 or 26 years. Was his professional atten dant down to February, 1838, when he resided at This tle-grove, Old Brompton. Was well acquainted with him, and saw him frequently. I saw him in July and August, 1837, and he was then in very good health. His general health was good. I don't know perhaps what his usual habits of life were, but I believe he played very much and sat up at night, but I don't think he had any other bad habits. I -saw him man • times in 1837, but I cannot recollect the months. I don't know what his habits of life then were, but his health was v:ry an g d oo a d s . I often saw him a s earl y as n ine in the morning late as five or six in the afternoon. He never exhibited any symptoms of intemperance wh en I saw him. H had a florid eruption on his face like-th e late Earl ofShreews hab it bury.s, because That certaihe had nly it whne was on a t pr boy. dby intemperate Cross-examined by Mr. T HESIGER— I cannotsay w h en I saw Mr. Talbot before August, 1837. I saw h im in the beginning of the year. On one occasion he called on me to fill np a letter to an Insurance -office. I thought he was of temperate habits, and I ha ve never e xpressed a different opinion. [A letter was put into witn ess ' s hands, which he said was in his h and-writin g . Thesiger read the letter, which was dated March, Mr. 1836, i addressed to the Asylum-office, and n which it was said that Mr. Talbot's former habits were not temperate, but that he believed he now led a sober and temperate life. Witness said that referred to an early period of his life, when he was in the 9th Lancers.] In another letter, dated March 9, 1836, addressed to the same office , I said I that although his f a c e b ore mar k s of irregular habits , believed him to possess a sound constitution. I referred to the marks he had had since a boy. I gave my 'true opinion to the office. lam a Director of the Clerical and Medical Life Insurance Company, and I recom mended Mr. Talbot to that office. Horatio Cleggett—l was acquainted with the late Mr. George Talbot. I knew him about 22 years, and inti mately for the last three or four years of his life. I as sociated with him a good deal when in London, and dined frequently with him. Ile was not on good terms with his brother's family during the latter period of his life. I was in London in the year 1837. I saw him whenever plc Was in London. He always stopped at Hatchard's, itr T eadilly. I saw him in May - nearly every day he was "- I rldoq, and often dined and passed the evening with "Lm, • , 'He used to talie wine pretty freely, but not parti cularly, not yr , more than myself. ' hope your life is not insured, Mr. ieggett ? Witness—Yes it is, in a number of offices . t, offices. --(Laught er.) I never saw him drink a bottle of wine. He drank beer at dinner. He drank less wine than the others generally. bottle. I tally' He drank, on the average, less than a Sten him take a glass of beer at lunch. At an earlier Period of his life he - used to drink more. to habits Were.ranchthe I have stated down . same as to the month of gust I dined with him in that month ; his health A. leiy good in that year. I never beard him complain. nould say no person wa s more intimate with him a b out that time than my se lf. I v i s i te d him after he we n t to Thistle-grove Old Brompton, in 1838. Ire had then a cough. It was in th e en d o f 1837 • and beginning of' 1838, ie afterwards removed to the Hampstead-road. The re was a dampness on the walls Thewhole of the firsted-room inp. house was dam hick he s l ept at t h e G rove. CrOdletriVralrlztea by the ATT ORNEY -GENERAL I knew 711*t:':iviii). he Zistate sin th e 9t h Lancers. I have se.;n.kinx'ae.e4 l.2 o.the, tunes, but I s h ou ld not say that his h a bits - . were inteitailer. He became more tempe ratglivitatiiili last feW, years, Dr. Paris attended him in hiriast j:, - think I saw Mr. Talbot in June or -Jay, , 1837, but. l 4 111 4 0 t speak positively. I dined with him at Hatchard's in August. His dinner was between five and six. I understood he had come to London on the subject of an insurance. I am a married man. I generally left him about half-past 10 or 11 at night. Mr. Talbot was married, and was separated from his wife for some time before 1837. He had a boy and a girl. I was two days with him at Broadstairs in May, 1837. Thomas Thomas—l am proprietor of Hatchard's Hotel. I knew Mr. Geo. Talbot, who frequently stayed at my house. He was there from the Ist Jan. 1837, to May the Ist, 1837. Here was there from July 3to 13, from August 1 too, and from August 23 to 26; from Septem ber 20 to 25, from October 3 to 12, and from October 16 to January 2, 1838. He frequently had gentlemen to din ner, and the whole bill was put down to him. I had no opportunity of observing his habits. Elizabeth Glover—l was in Mr. Talbot's service for eight years, and had the care of his child. It was before the separation, which occurred ten months afterwards. He was livine. at Broadstairs in 1837 till the month of October. He frequently dined with myself and the child. He drank sometimes beer, and sometimes a little wine. Sometimes he was temperate and sometimes intemperate. I have known him sometimes take a little beer before dinner. I have known him go to St. Peter's tea gardens and return affected by drink. I don't recollect that oc curring in the year 1837. He did not drink so much latterly. We went, in June 1837, to Paris, and remained there a month. I have seldom seen him after seven in the evening, but his habits up to that hour were tempe rate. He used to go to bed between ten and eleven, and rise about half-past eight or nine. When we went to Thistle-grove, he slept in a very damp room ; the water ran down the walls. He caught a very bad cold, and rup tured a blood-vessel in April 1838. He died in June 1839. Cross-examined by the ATTORNEY-GENERAL—We went to Broadstairs in 1835, and that was his place of residence till October, 1837. I heard him say he was disgusted with St. Peter's, and left off going there. I have seen him intoxicated, but not frequently. I have known him to be perfectly sober for three weeks toge ther, but I cannot fix any particular date. I heard him say that he detested wine and would take no more. Sometimes he has taken it again soon after, and has got drunk at times. Sometimes he has not been able to walk steadily up stairs, but not frequently. I don't re collect his being drunk for two or three days or a week together. I could always hear him go to bed at night. I could tell by his footstep in what condition he was. I cannot swear that he was or was not drunk for many nights one after another. He was temperate at times, and often intemperate. I don t recollect his being sober longer than three weeks together. I never knew that he used to go to a public house in the neighbourhood. I never saw him there. Once in a state of intoxication he struck me. In 1837 the child was six or seven years old. I kept the child up stairs when his father was in a state of intoxication, or angry. The child has g enerally been in bed at these times. I kn ew George F ox, a fly driver. He has been at our house sometimes. I don't know whether he has drunk there or not. He sometimes stayed with Mr. Talbot an hour. There may have been drink on the table, but I can't say. Fox has brought him home, when he was the worse for drink, not so often as five or six times. Mr. Talbot was once ill at Broadstairs. In the autumn of 1837, in August or September, he was for about three weeks very temperate. Before that he might have been at times intemperate. Re-examined—l have known him several times as long as three weeks quite sober. We were at Hatchard's from 3d October till the 2d January, and I do not recol lect seeing him intoxicated during that time. He was not intoxicated, to my knowledge, during the month of September, 1837. Ido not recollect his being at any time intoxicated in August, nor in the month of July. I think the time Fox brought him home was in 1836. I should say for a twelvemonth before we left Broad stairs he used to drink less. It was in 1835 or 1836 he struck me. Dr. Beamish—l am a physician, and practised in Ramsgate in 1837. I knew the Hon. George Talbot for about three years. I saw him occasionally, and dined once with him. I never attended him professionally; in fact I never knew him to be ill. I gave a certificate in July, 1837, and on that occasion I examined minut e ly. I applied the slethoscope, and in my humble judgment his lungs and every . part of him were quite sound. I never saw him intoxicated. Cross-examined by Mr. THESIGER—When I dined with him Colonel, Mrs., and Miss Clarke, and my wife dined. I thought the redness on his face was produced by constitutional causes, but it is sometimes from intem perate habits. Doctor Paris—l knew the late Mr. Talbot for several years. I first attended Mr. Talbot professionally the 2d May, 1838. It was a rupture of a blood- vessel in the lungs. I attended him till his death. He died of tuber cular consumption. He bad a predisposition Lc) that dis ease. If he was of the most temperate habit he might have died of consumption ; but intemperate habits would excite morbid action in a weak organ. I recommended him to be temperate, but saw nothing to indicate contrary habits. Israel Stcne—l am a waiter at Hatchard's Hotel Mr Talbot was staying there at different times in 1837. I generally waited on him. He had a private room, and gentlemen frequently came to dine, and some came after dinner. The wine drank was charged to Mr. Talbot. He has frequently left his friends for the evening, and sometimes he returned. During his absence they con tinued to drink. I have seen Mr. Talbot tipsy, but never saw him excessively drunk. I have seen him so frequently. lam speaking to the latter part of 1836 and the early part of 1837. I have seen him tipsy two or three times in a fortnight. I cannot speak as to . the month of July. He drank principally claret. I have never known him drink in a morning. Cross-examined by Mr. THESTGER—When Mr. Talbot was in the coffee-room I did not see so much of him. I generally went to bed at one or two. Mr. Talbot has often been out after I went to bed. I have seen him what might be termed drunk. On these occasions he has generally gone out and not returned till afterl went to bed. George Fox came with him at one time. Mr. Talbot generally lunched, and took beer or half and half. At night he drank spirits, but not frequently. He might have gone out at night twice in a week. I have not known him two or three weeks sober. Perhaps he was tipsy once in a week. It was generally when he had friends. I never saw Fox as a companion of his. I don't think I ever saw him affected with liquor when he was alone. Henry Horton—l am night porter at Hatchard's hotel. I sometimes let Mr. Talbot in two or three times a week. Very few weeks I had not to do it. I have at times seen him in liquor. Not in a beastly state, but just fresh. The worse for liquor. He never required any body to go to his room with him. He always took his candle himself. He was generally in that state when I let him in. It was sometimes one, and sometime two o'clock. I was on duty every alternate week. Stephen Light—l am night porter alternate nights with Horton at Hatchard's. I sometimes let Mr. Talbot in two or three times a week. That was pretty regular. He was sometimes the worse for liquor. He never re quired any assistance to go to his room. He always took his candle himself. He was able to take care of himself. I thought him a little the worse by the violent knockings at the door. The ATTORNEY-GENERAL addressed the Jury for the defendants, and commented at great length upon the evi dence given by the several witnesses for the plaintiffs. He believed it had been established saisfactorily that Mr. Talbot was addicted to drinking, and that his habits' were anything but temperate and moderate at the time the insurance was effected. He also read the depositions of a Lieut. Pine, of the Royal Navy, who was on terms of intimacy, andwho stated th a t i n th e m iddl e of the year 1837, Mr. Talbot was frequently intoxicated. The following witnesses were then examined : Sir Wyndham Anstruther—l knew the late Mr. Tal bot for eight or ten years. In July and August, 1837, I was staying at Margate. I called two or three times a week on him, and dined perhaps ten or fifteen times. I left him generally between seven or eight o'clock. He drank beer freely at dinner, and Port wine afterwards, and some times brandy and water. lie was always the worse for the wine drinking during that time, and some times drunk. I went to St. Peter's with him ; he had drank a little before and after he got there ; he drank malt liquor, brandy and water. He became very trouble some, and I got him out. He refused to go home, and said he would :go down to Newbold's, a public-house, and said he would have some more brandy and water. He was then decidedly drunk. I saw him again at the gardens, and he was then tipsy, and was calling for more brandy and water. I saw him drink bottled porter be • fore dinner ; about one o'clock. I called on him one afternoon after dinner. He was sober, and there were as many as half a dozen bottles of porter opened. He drank a good deal of it, and was ev id ent l y a ff ecte d b y He sometimes called on me at Margate after dinner ; sometimes he was the worse for drink. He 1 1 ,sell to call for more, and one ti me h e d ran k t o excess . wun a e n other occasi on h e was a l so very muc h a ff ecte d b y win. Cross -ex am. , • •ed—l was ne ver d run k i n m y lif e . I I often drank as much as Mr. Talbot, but very little ap peared to a ff ect him. He was very talkative after he had had some lake wine. ti clerk t o t h e defendant's solicitors, proved v m that Mr. Pine was at of a ni ht Broadstairs. I assist my fa ther, who keeps tiles and neverim. Is:wavheimfregqouseonbtelyr a great tg the lowest public in 1835. I occasionally droeveaites• I knew Mr. Talbot gone out with him houses, and he theredrank a very great effect on him. I deal. The liquor had from a public-house. I have gone to h• drank with him there. He used to dis.house often, and rum and water, and other things. I have porter, wine, Dolphin public-house , where he has treatendetthhira at thee whol e o the company. If he wa s not ti psy when he wf he was sure to get int oxicated. I nev er saw a n y t ther e , tion in his manner all the time he was a t Broadia sdtera. Jesse Roome — l kept the Dol p hin public-ho'russ.e at Broadstairs. Mr. Talbot was in the habit o f frequenti ng my house down to September , 1837. He was there some times successive nights, and sometimes not for three or four nights. He mostly drank ale ; on one occasion punch. I never recollect him to have left my house sober. George Fox was sometimes with him, and sometimes a tall gentleman. John Hillar—l saw Mr. Talbot at the Nelson and at the Rose Inn, Broadstairs, in 1836 and 1837. I saw Mr. „Talbot in the front room; there was wine, spirits, and all on the table. Mr. Talbot was drunk when I left at 9 or 10 o'clock. I saw him about the second week in October, 1837, and between June, July, and October, in the same year. William Smith—l am a sawyer. I have seen Mr. Tal bot at the Dolphin in 1836, and twice in 1837, about Au gust or September. On one occasion he drank nothing, but was drunk. A fortnight afterwards he came and called for a pot of a l e . H e a p peare d to b e d run k th en . John Brown, a carpenter, gave evidence to a similar effect. A letter from Mr. Farren to Mr. Caulfield, dated the 2d of November, 1837, was then put in and read. It stated that the Asylum Company had ascertained that Mr. Talbot's habits were not temperate and moderate at THE SUN, the time the insurance was effected, and stating that they would not consider the contract binding, as it was based upon misrepresentations. Mr. Caulfield's answer, and some further correspondence on the subject of the insu rance, were also read. Mrs Gardner—l rent the house in Broadstairs which Mr. Talbot lived in. I used to let him in at night. He was generally tipsy. I saw no particular change down to the time Mr. Talbot left. Fox sometimes came and went into the drawing room. I think Mr. Talbot went to bed oftener tipsy than sober. Mr. CRESSWELL replied. Lord DENMAN summed up. The Jury retired, and after an absence of three quar ters of an hour, returned into Court with a verdict for the defendants. COURT OF EXCHEQUER, Dec. 16. BURDETT V. JOHNSON. This was an action brought to recover the value of necessaries supplied to the wife of the defendant. The formal proof of the supply of the goods having been given, Mr. J. JARVIS, for the defendant, met the case with alleging adultery upon the part of the wife, which, if proved, would exonerate the defendant from the liabi lity. lie called several witnesses, who proved the mar riage of the parties in 1832. Two years afterwards, after they separated, and the wife had to support her self in the best manner she could. She at one time was in service, and at another kept a school for female chil dren, and at different times lived at various lodgings, where a man named Holman visited her, and, according to the testimony of the witnesses, was seen to kiss her, and sometimes put his arm round her waist. To meet the case Mr. Platt called Holman, who stated that his attention was first called to Mrs. Johnson by his mother, who said she had been very ill-used by her husband, who had deserted her, and who desired him to do her any kindness in his power. He assisted her 'to remove on one or two occasions, and having met her at a lodging-house, to the landlady of which he was pay ing his addresses, and seeing her anxiety to do well and provide for her child, he did call upon her some times to see how she got on, but he swore positively that nothing criminal had ever passed between them. He also put the daughter of the defendant into the box, who had always lived with her mother, who always slept with her, who had seen Holman often call, but never saw any familiarity between them. It was also proved that the defendant, who was living in adultery himself, not only refused all assistance to his wife, but on several occasions had threatened to ruin her, The Jury found a verdict for the defendant. ADMIRALTY COURT, Dec. 15. THE NORMANBT.-SALVAGE This was a suit for salvage service rendered to the Normanby, while on a voyage from Stockton with a cargo of coals to Chatham. Off the coast of Suffolk the vessel ran on the Cutter Sand, on the 28th September last, but was got off shortly afterwards ; but being leaky, signals for assistance were _hoisted, and the Hero and Aurora's Increase ran up to her assistance. The Normanby was safely conducted into port notwithstanding the weather was squally. The value of the ship and cargo was esti mated at 1,3901.; a tender for the services of the salvors had been made of 501. The COURT said there was not much difference:between the parties. The vessel had been in a leaky state, and the assistance rendered was not more than pilotage ser vice. There had not been much danger or risk, and the tender of 501. ought to have been accepted. The Court would not condemn the salvors in costs, but in order to mark its opinion of their conduct, in having entered an action for 2501., it felt bound to condemn them in 101. nomine expensarum. THE COURIER BASQUE. This vessel, a French lugger, came in collision with the Branken-moor on the 21st July last, off the coast of Dorchester, while on a voyage from Havre to Bayonne. The former being very much damaged, and as fears were entertained that she would soon sink, the collision taking place in the night, the captain and crew left her and got on board the Branken-moor, and were taken into Cowes. The pilot-boat Flora fell in with the Cou rier Basque on the following morning, in derelict, and, after very great difficulty and danger, succeeded in steer ing her into Cowes, where she was delivered over to the Captain. The value of the property thus salved, was 3,2501. Drs. HAGGARD and JENNER appeared for the salvors, and contended that a most praiseworthy service had been rendered by their clients, not only in saving so valuable a property, but in removing from the Channel a vessel which, from its not being under control, might, during the night, have come in collision with other ships. In the attempt of the salvors to get on board, one of them was cast into the sea, of the name of Jonas, but he was fortunately saved. So precipitate was the abandonment of the Courier Basque, that the crew left their money and watches on board. The Court would, under these circumstances, reward the salvors liberally. Dr. ADDAMS and Dr. PRATT for the owners, did not deny the salvors had saved the ship and cargo, but it could not be contended that the vessel was a derelict, as it had been the intention of the Captain and crew to go again on board of her. The Learned Advocates com plained of the mode in which the suit had been conducted. Dr LUSHIXGTON said the principal ground upon which the salvors must rest their claim was the danger incurred in rendering their services. The ♦essel was run down by a ship of 300 to 400 tons burtben on the 21st of July, and it was fortunate that she had not been sunk. The crew and passengers, thinking their lives were in peril, immediately got on board the Branken-moor, and the Courier Basque was left to the mercy of the winds and waves, without any one on board. The pilot vessel was the only salvor, and by the exertions of its crew property of the value of 3,2501. had been saved from de struction. The Court must consider this a case of derelict, but derelicts differed in degrees. The largest reward ever given under the most perilous circumstances was a moily of the value of the property saved. In the present case there had not been any very great peril, and the Court thought the salvors would be amply rewarded by receiving 7501. SHERIFFS' COURT, Dec. 16. JERRY V. DAVIS. This was an action to recover the sum of 4001. for work done and performed, and 331. for goods sold and delivered. The action was undefended, but from tha statement of the Counsel, it appeared that the plaintiff is a builder, and the defendant a gentleman of property, who had re cently come to London for the purpose of establishing a bath-room, and for that purpose had taken two houses in Grafton-street, and entered into an agreement with the plaintiff to fit up the houses as a series of baths, and the agreement stipulated that 1,268/. should be paid by three instalments for the same. The first instalment was to be paid when a third of the works had been completed, and so on in proportion, till the whole was paid. When the first portion of the works were completed, the plaintiff applied to the defendant for payment of the first instal ment, but could only obtain a very small amount ; the works were, however, continued till the second instal ment became due. As the money due was not forthcom ing at this time, the works were stopped, and the present action instituted. The Jury returned a verdict for the plaintiff, damages to the whole amount claimed. Several undefended actions were taken, in all which verdicts were given for the plaintiffs. TEASDALE V. DUPRE. This was an action to recover the sum of 51., for work done and performed. Mr. Thomas appeared for the plaintiff, and Mr. C, Jones for the defendant. It appeared that the defendant was a milliner and dress-maker, and had resided in Regent-street. She had engaged the plaintiff to write her circulars and bills as she was very proficient in penmanship. One witness stated that the plaintiff was the best female writer in London ; so well was it done, that few could tell it from lithograph productions. She had been engaged at 11. per week, and had staid five weeks when the defendant gave up business. The Jury returned a verdict for the plaintiff for the full amount. BROOKS V. GUM. In this action. the plaintiff, who is a baker, had sup plied the defendant with bread to the amount of 61., for which the present action was brought, and a verdict re turned for the plaintiff. COURT OF BANKRUPTCY, Dec. 16. IN RE W. HITCHCOCK'S BANKRUPTCY. The re-examination of the bankrupt was resumed this morning amidst apparently increasing interest,. What was the amount of your debts owing to Cook and Gladstone, in January 1, 1841 ?—The amount then owing for goods was 2,6061. ss. 10d.; on cash account, 10,9171. 10s. 7d. ; Mr. Cook, separate account, 3,0001. ; total 16,5831. 16s. sd. ; liabilities to them 633/. 12s. 6d. ; total debt and liabilities 17,2191.85. 11d. This I believe to be as correct as the short time I have been allowed would enablx me to supply. What was the total amount of debt and liabilities owing from you to them at the time of your failure, in cluding Mr. Cook's account ?—ln round numbers 19,8001., but I would wish to give the particulars debt, goods, and cash 15,937/. 155.; Mr. Cook, 3,0001; liabilities, 877/. 155., total, 19,829/. 10s., and here I wish to explain. I think Mr. Ashurst will not say I have anticipated him, as I understood him to say y es t er d a y th at t h e object of this inquiry was to show the Court that my debt was less in January than at the period of my failure. I now recol lect that about the latter end of December, or the begin ning of January, that on one occasion, when I applied to Messrs. Cook and Gladstone for a renewal of the sum of about LOON., and not in addition toj the debt, that they refused such renewal. About this time Mr. Cook, sen., unknown to me, waited on my bro ther, and Mr. Cook has since told me that he told my brother that I wanted a renewal, but that he would not give it except upon my brother's security, that security I believe was obtained; and also at this period, alluding to the commencement of the year, without being enabled to be more particular as to dates, I submitted to Cook and Gladstone. the plan of my alterations for the improve ment of my premises, and which cost a very large sum, and would therefore improve the value of the leases which they held ; and to whi c h a l terat i ons t h ey con 6dh. 3,4061.A1 143765. Icash re nted and approved. The alteration s w ere p rocee d e d .;aincreased and interest period my my goods' account account 3 01 Os. 5d.; Mr. Cook 3,000/. ; and liabilities 1,3761. 9s. 3d , making a t ota l of 21,743/. 6s 2d. I have before stated bties h to th tat in em the month of .May I reduced my l and s bout 3,100/. Ny premises, with the alterations improvements, had scarcely been completed, when they pressed me for money, in proof of which I refer to the letters which they themselves have exhibited. I therefore leave the Court to judge of their motives when the evidence of the different creditors to whom they gave references, shall have been given. understood that Mr. Groom said there were no le' the hands of the official assign ee . T morning • that on one file there were r , • dred and sixty-two ; and 7 " ...cers in found this -•+; t4ep one bun .. Ae.,74 reason to believe NOON, FRIDAY, DECEMBER 17, 1841. there may be 300 or 400. lam anxious that the public should know that all my letters have not been destroyed. Was not the 7501. paid to Cook and Gladstone in May, a payment for which your brother was liable to them ? Yes, and his security was given in consequence of my applying to them on or about the 4th May for a loan of 7504 to pay for Fuller's stock, which we bought, and which loan we only required for fourteen days. They, however, declined to lend it, or for a shorter period, unless they had his security. On the 6th October you swore that the books deli vered up by you contained an account of all your trans actions to the fullest extent—is not that book your pri vate ledger?--It is. State to the Court how many leaves have been taken out of that ledger?—l will say a great many. It is im possible for me to say how many. Here I wish to explain. I will swear that I have not cut out, taken out, or caused to be cut or taken out any part of that ledger now shown, or any other book relating to my affairs, with the intent to conceal anything from my assignees, or from this Court, and further that book has not been injured or lessened by me or with my knowledge for two or three years. It is an old book, and, whatever deficiency appears, it is now in the same state as I believe it to have been for many years. Did you take out the leaves which arc taken out of the book marked H. ?—I don't recollect ; but I have no doubt I did. The book was not formerly my private ledger. When did it become so ?—I don't know to a year or two, but I should think 1836 or 1837. I now recollect that the book alluded to contained some accounts between me and Mr. Hayward, who was my partner in 1832. For many years we bought our stationery from Eastman, of 100, Cheapside and I have no d ou b t , if necessary , the books can be identified by that house, and the date of 1832 proved as the time of its purchase. Do you mean to state that your reason for taking out those leaves was that it contained Hayward's account ? —I don't recollect my reason now. I don't recollect my reason at the time. I know it was from no improper motive. Does it not appear from the index, that your own pri vate cash account is taken from that book ?—Yes. The handwriting is that of Mr. Hayward, and refers only to my account, which might have been for goods and cash whilst he was my partner. Since the dissolution of that partnership I have not thought it necessary to enter in any one book my private expenses ; it therefore cannot refer to any account Of recent date. Was not Hayward in your employ at the time of your failure ?—He was. Is he not the person who assisted in the removal of the goods we have heard of ?-I.le was one of the parties —there were several others. Is not he the person who went to Paris to buy goods for you, and who took a quantity of shawls with him from your stock ?---I object to that question. It implies that Hayward -did take shawls to Paris from my stock, which has not been said. Is he the person who went to Paris to buy goods for you ?—He is. Is not his account taken out of that private ledger ? Am I to understand Understand nothing, Sir, but give me an answer to my question. Is his account, whatever it was, taken out of that book ?—I can show from this ledger —the sold ledger, that Mr. Hayward's account, as entered by the clerk at the time, is now in existence, and has been delivered up to the official assignee. The account of Mr. Hayward, alluded to in the private ledger, did contain his account whilst he was my partner. Does the ledger I, shear what was contained in the sheet taken out of ledger H ?—No. Mr. ASRURST (handing up the private ledger)--You will see, Sir, that there are several accounts of various Hitchcocks taken out. Mr. HARDWICK must complain of such insinuations being thrown out by Mr. Ashurst. He attended for other Hitchcocks, and trusted his Honour would see that the case was conducted with justice.—(Applause.) Mr. MARSDEN, solicitor for the bankrupt, hoped that after such insinuations had been unfairly thrown out, the baunkrupt would be allowed to explain, as he could, most fully, all connected with the book and the accounts. The bankrupt said, if an opportunity of explaining were denied him, many days would be consumed in eliciting the facts by cross •examining other witnesses. He could ex plain in such a manner as would astonish Mr. Ashurst and those who employed him. He then said—The first mention of Hitchcock in this book (the private ledger) is that of the firm of Hitchcock and Skinner, of Barnstaple, now both deceased. This account refers to the year 1832 I think. There is another mention of Jas. Hitchcock; this also refers to my brother deceased. The second mention of Hitchcock is an account with one of my sisters of some monies I held for her in 1835. The next mention re- - : - - fers only to that of my mother, a similar account in 1835. No other Hitchcock was ever referred to by any accounts contained in this book. There are, however, several ac counts of mine with other persons, the explanation of which I think unimportant, but will give it if your Ho nour thinks it necessary. The Bankrupt—l wish to have it mentioned on the examinations that Mr. Ashurst alluded to the name of Hitchcock, as being contained in that book; that that was the reason I gave the explanation. This entry was accordingly made, and the examination resumed. Were the accounts of which you have been speaking, the accounts which have been taken out ?—I believe so. Mr. ASHURST—NOW, I believe is the time for the official assignee's report to be read. Mr. SOLE —I wish to know whether Mr. Ashhurst, having now concluded his examination, it is his inten tion to proceed with the examination of his clients, Messrs. Cook and Gladstone. Mr. Commissioner Houton) thought it would be better to finish the examinations before proceeding to take th• report of the official assignee into consideration. Mr. MARSDEN said that before he proceeded with the examination on the part of the bankrupt, he had to request the indulgenc e o f h av i ng cop i es of all the examinat ions which had previously taken place ; both of those which had taken place before he had been engaged for his client, and those since. This investigation had now become of a most serious nature, and he felt he could not do justice to his client without those examinations, and also without having access to all the documents. Mr. Ashurst had at first, he had understood, been conduct ing the examination on behalf of the assignees, but he had directed it solely to the_ purpose: of exculpating his clients, Messrs. Cook and Gladstone. He would not then advert to the particular circumstances of the case, but he felt he could not do jus tice to Mr. Hitchcock unless he had access to the documents referred to, before the examination was pro ceeded with. The bankrupt had voluntarily, before the production of his balanc e - s h eet, state d cer tain facts to his assignes ; on th a t statement the recent examinations had been founded; and facts had been supplied from their not having re ference to what appeared in the balance-sheet. Hence several collateral issues had arisen which must be tried, not on the evidence of the bankrupt alone. Mr. Ashurst had with great ability conducted the examinations, in order, ;as he had stated, to test the truth of the bankrupt's statem en t s ; b ut by what means could those statements be tested except by collate ral circumstances —by letters, or by the testimony of per sons who could speak to letters which had been destroyed. It was necessary that he should have access to all these materials, and he hoped that all the letters exhibited, if not in the examination of the bankrupt, in the examination of Messrs. Cook and Gladstone, in order to show how far they bore out the testimony of the bankrupt. It was manifest, from th e manner in which the examination bad been conducted this day, that it was necessary every collateral evidence should be before the Court. What was the meaning of Mr. Ashurst's question as to Hayward, but to attempt to throw a slur upon his character or discredit his testimony— therefore he asked that all the examinations which had taken place prior to the present one might be re corded in Court, and that he (Mr. Marsden) might have access to them. He had no end in vie Iv but the furtherance of the ends of justice. He had not been permitted to interrupt Mr. Ashurst, on the ground that he might in his (Mr. M.'s) examination of the bankrupt elicit any explanations of his former testimony that he might deem requisite ; and as it was impossible to recol lect all that had passed, he urged that as an additional reason why he ought to be furnished with the examina tions. Certain facts went to show that his client had on some occasions acted very improperly, but the question arose, had he not been tempted to act so, and who had been his tempters ?—(Applause.) lie had no wish to delay the examination of the bankrupt, but only to do him justice, and in so doing, to do justice to the laws of his country. Mr. Aslitrasr said he had consulted with his clients while Mr. Marsden was addressing the Court ; and as that gentleman had stated he could not do justice to the bankrupt without having copies of the examination, they were willii.g that he should have all such copies as might enable him to do justice to his client. They had no desire to keep anything back. Mr. Commissioner HoLeovD thought it but reason able that Mr. Marsden's request should be complied with. His Honour thought it desirable that they should pro ceed with the examination. Mr. LLOYD on behalf of several creditors, expressed a desire to put some questions to the bankrupt. Mr. SOLE submitted that Mr. Ashurst having con cluded his examination of the bankrupt, it would per haps be as well if that gentleman were to place Messrs. Cook and Gladstone in the box, to give their version of the affair. Should he decline doing so, he (Mr. Sole) should sub m i t t h at t h e pr i va t e examination of Messrs. Cook and Gladstone ;before the assignees, be read by the Officer of the Court. Mr. LLOYD had not interrupted the examinations of Mr. Ashurst, and when they considered the time which had already been wasted, he thought even suppos ing the questions he(Mr. L.) had to put should be useless, the wasting one half hour additional (this examination would not last longer) would be no great object. The Court assented. Mr. LLOYD resumed his examination. How long have you had dealings with Messrs. Cook and Gladstone ?—Nine or ten years. What was the average amount of your monthly pur chases from them prior to the month of June last ?—I can scaccely tell without reference to my books. I should think about 7001.—it may be more. Can you state what was the amount of your pur chases from them in that month ?—About 8001 What was the amountof goods purchased from them in July last ?—I b e li eve 11. is. 4d. When did you l ast purchase any goo d s o f th em ? July 12th. W e ceased.to buy goods of them, as I think,. June 30th. Did you in the month o f J une or July last, receive , from-0 -of or either them, a letter referring to some ',...irchase of silk, which o ne o f your buyers had made ' from them ?—Yes. Where is such letter 7—l am not sure whether it was, kept, or whether it . was one of those which was de stroyed subsequently,*but such letter party now in Court. was seen by a third Can you state whetherthat letter is inexistence or not? I —I believe it is not. Can you state its contents ?—I can. The substance is as follows : " Gentlemen,—We find that your buyer, or one of them, is constantly here, and that he has bought a large parcel to-day. This is contrary to the understanding between us, and we will thank you to have it altered.— Yours, &c. " COOK AND GLAI)STONE." To whom was it addressed and what was the date ? —Addressed W. Hitchcock and Co., Regent-street, and dated I think June 30, that being the day when a parcel of silks of 125/. 17s. sd. was bought. And that was the last parcel of goods purchased from them ?—Except 11. Is. 4d. which was bought without my knowledge—l think by one of the porters. State how it came to pass that you purchased no more goods of Cook and Gladstone than the parcel on 30th June last?—l was requested by them not to do so. Did you in the month of June, 1840, borrow from them a large sum of money?—Yes ; about that time. State what the sum was.-7,0001. For how long a period was that sum agreed to be lent to you ?—For seven or ten years, as will appear by a bond which was being made at the time in favour of my brother, but which was never completed, and which bond contains such recital?—l believe it-was ten years. With whom did you negotiate that loan?—Messrs. Cook and Gladstone. • Then both were present at the time you negotiated that loan ?—I believe they were. What rate of interest was it agreed that you should pay for that loan ?—At the rate of 74 per cent, per an num, and that interest was paid for the first year by the payment of a bill of exchange, June Ist, 1841, amount 525/. 12s. 6d. it being due on that day. Where is that bill of exchange 7—At the official as signee's I have lately seen it. Did you give them any note or bill on the occasion of your borrowing such money from them 7—Yes, a joint and several promissory notes, I think ; which notes, 'believe, bore interest, without stating at what rate. .. What date was that note drawn, and for what term ? —Twelve months, dated from June 1, 1840, I believe. How came it to happen that that note was made a twelvemonths date, when the loan to you was made for a longer ,period?—l forget the object at the time. but at a meeting in the library or dining room, present Messrs. Cook and Gladstone, my brother, and myself, the arrangement was entered into. Mr. Cook or Mr. Gladstone, which I do not recollect, said, E. they would lend me 7,0001., for, I believe, ten years, upon the security of my brother. It was at this, or some other meeting about the same time, that Mr. Cook or Mr. Gladstone said that I must understand the interest to be 74 per cent. I ob jected to it, but at last finding I could not get it at a lower rate, and as they were then press ing me for the payment of a sum undrawn, amounting to about 3,800 L, I had no alternative. I and my brother therefore consented to their advancing the sum at that rate, although to the best of my recol lection the rate of interest was communicated to me when my brother was not present ; however, on this point I am not sure. Mr. Lloyd—That is no answer to my ques tion—question repeated.--I do not recollect the reason of Messrs. Cook and Gladstone's requiring a bill ; but, not withstanding such note was given, Mr. Cook or Mr. Gladstone said (which I do not recollect) they would not call in the money for seven or ten years, I think. I wish here to explain that I did not receive 7,0001., but only the balance, after deducting the amount which I owed them, and which I have before stated to be about 3,800/. Was that note . for 7,0001. paid at maturity 7—No, it was not. Was it presented for payment to your knowledge ? It was not presented to me at my house, nor do I be lieve it has ever been presented to my brother. Have you paid any part of that sum of 7,000/. ?—No. Do you know how it happened that that note was not presented Jim. payment when it became due ?—Yes ; Messrs. Cook and Gladstone declined presenting the note, but drew another, and sent it to me for my signature. I signed it. I think I paid the clerk the stamp, and re turned it by their clerk. State the particulars of the note so signed by you, th e amount, and date.—June Ist, 1841. We jointly and se verally promise to pay, at twelve months after date, the sum of 7,0001., with interest thereon. Signed, W. Hitch cock. I expect also that it was subsequently signed by my brother. That is all I know of it. Mr. SOLE having intimated to Mr. Lloyd that he should have access to the private examinations of the bankrupt, •and of Messrs. Cook and Gladstone, on that point, said he should not press it further at present. His ob;ect was to show that the transaction was usurious, and to lessen Messrs. Cook and Gladstone's proof by the amount of 7,0001. Can you state what references or what houses were referred by you to Cook and Gladstone after 30th June last ?—I cannot. I have, however, been since told by one of the houses. Mr. Commissioner HOLROYD— Do you know of your own knowledge, or have you heard from Messrs. Cook, Gladstone, or either of them, that they answered any inquiries that were made of them, or either of them, as to your circumstances since the 30th June last ? Yes. Mr. Cook said—l think in the drawing-room in Regent street, and at the meeting I have before referred to as having taken place there—that he had given a. good. re, ference to Messrs. Wheeler, Strachan, and Co. , This believe to be in August. That is the only house that I kuow of, as it would not be usual for me to know-whe ther or not houses referred by us had gone to them or not. We should infer they had, if the goods were sent in and which was generally the case. Mr. LLOYD stated that he had no further questions to put to the bankrupt at present. Mr. SOLE now called upon Mr. Ashurst to place Messrs. Cook and Gladstone in the box as he had pro mised. Mr. ASHURST would redeem his pledge at the proper time, but he wished to have the whole of the bankrupt's examination finished in the first instance. Mr. MARSDEN said, if there was any gentleman who wished to examine the bankrupt he was now ready to answer any questions that might be put to him. He had nothing to conceal, and was anxious to meet the charges that had been brought against hire. The COMMISSIONER said it would appear that Mr. Ashurst supposed that it was intended to call some wit nesses in support of the bankrupt's evidence. Mr. MARSDEN said that certainly was what he intended to do. He hoped, however, he would be allowed a few days to prepare his case. Mr. ASHURST had no objection whatever to such a course. He would give him time to make copies of the depoSitions. The COMMISSIONER thought it would be as well now to hear the official assignee's statement of the balance sheet, as that might guide them in their future operations. Mr. SOLE now proposed to call Mr. Wheeler.—(Ap plause.) The COMMISSIONER said, if these noises were perse vered in he would be compelled to adjourn the Court. The statement of the official assignee was then read as to the balance sheet up to 11th January, 1839, showing a surplus of 3,800/. up to that date. The balance sheet of 1841 showed a surplus of 3,2881., and then he would leave a deficiency of 13,000/. to be accounted for from that period up to the time of the bankruptcy. The in vestigation was said to be cursory because the official assignee had not had time to examine the books. Mr. MARSDEN was instructed to say that that balance sheet was commenced, and that period agreed upon by the bankrupt and the official assignee and Mr. Sole. Mr Hitchcock was ready to give any further informatioa in his power. He would' be enabled to give a sufficient explanation of the profit, which was stated at 12i- per cent., and which would show why it was that there was not a larger balance in his favour. He wished the ex amination to be adjourned for a sufficient time to en able the bankrupt to give a full statement of all his af fairs to the Court. The Official Assigneesaid the period of January, 1839, had been agreed to, as that was the time up to which the bankrupt said he would be enabled to give a clear state ment of his affairs. Now the bankrupt had merely given the totals, and he had reason to believe that they did not agree with the totals that had now been drawn up. The Bankrupt thought the official assignee should be at all events disinterested, and when he stated that he had applied for certain accounts, it would have been more in accordance with his public duty, and more just to a fallen man, if he had stated that the bankrupt had not had time- to prepare these accounts, instead of passing a censure upon him. He was prepared to show that he was solvent in January, 1839. When he showed a ba lance of 3,800/. less to the time of his failure there were no stock takings in his own possession, and when he ap plied to Cook and Gladstone they said they had no stock takings of his, but afterwards they selected that of 11th of Jan., 1839, as being that which would best answer their purpose. As to the deficiency of 13,000/., which was said to exist, he denied that there was any regular balance sheet of January, 1841 ; and as to the document in Cook and Gladstone's handwriting, he would prove it to be a falsehood altogether, and he would stand or fall by that assertion.—(Loud cheers.) The COMMISSIONER said he should adjourn the Court, and declared the Court adjourned. The bankrupt was about to make some further obser vations, when The COMMISSIONER said—" The examination is ad journed sine die, and whenever the bankrupt is ready to proceed he must apply fur another sitting." The COURT was then cleared by the officer, and at half-past two the proceedings abruptly terminated in the way above stated. COURT OF EXCISE, Dec. 14. TUE PICCADILLY SALOON.—Thomas Alexander Beale, proprietor of the house ►cnown as " Goodered's," or the " Piccadilly Saloon," was charged on information with retailing beer without a license on his premises, situate No. 222 i, Piccadilly. The defendant did not appear, but was defended by Mr. T. WONTNER, who stated that Mr. Beale was un able to appear, but he wished the case to be proceeded with. Witnesses having been called in support of the case, the COURT gave judgment in a penalty for the full amount. Another information of a similar description was pre ferred for offences committed on the 25th of the same month (September). The case was proved by the same officers. Mr. MAYow—I must beg the judgment of the Court in this case also for the full penalty. Mr. STEPHENSON—Yes, certainly. William Burdon, of the Battle of the Nile public-house, York-street, notherhithe, was charged with adulterating his beer. Mr. Geary, the officer, said he examined the stock of beer of the defendant, and found one cask slightly sweet ened. The others were in excellent condition. Defend ant said it was the buttoms of the casks and waste beer. He had also mixed it with ale and a very small portion of sugar tc take off the acidity. The defendant prayed most earnestly the mercy of the Court, as he was a ruined man. He had served his late Majesty, and prayed their merciful considerati on. The COURT said they could not help him, but he might petition the Board, and fined him in the penalty of 201. Edward Wells, of the Sir Hugh Myddelton public house, Myddelton-place, Sadler's Wells, was charged with having in his possession forty gallons of brandy without a permit, or entry of the same. The COURT ordered the whole to be condemned. Thomas Chiddell and Edward Jones, spirits-mer chants, of Hays-lane, Southwark, were charged with having an excess in their stock ; the excess of spirits condemned, Jonathan Hall, of the Ship and Whale, Russell-street, Rotherhithe, was charged with having in his possession a quantity of foreign Geneva, without any permit or regular entry. _ - An officer: deposed to finding it in the cellar; it was what was called " tub gin," and was commonly smug gled. It was ordered to be condemned. Percival Scott, of Fair-street, Horslydown; Francis Farnham, of the King's Arms, Old Jewry ; Alexander Vicary, of St. Paul's public-house, Walworth-common ; and Martin Gaherty, of the White Swan, Sheaman's row, Holloway row, were charged with having in their possession rum and brandy varying from 24 to 30 under proof, and in each case the spirits were ordered to be condemned. POLICE INTELLIGENCE. GUILDHALL. A young man, who gave the name of George Murray, was placed at the bar, before Messrs. Kelly and Lainson, the sitting Magistrates, on a charge of being found on the premises of Messrs. Clay and Son, wholesale woollen drapers in Skinner-street, Snow-hill, for the purpose of committing a robbery. The prisoner in answer to the charge told the usual story of going to look for a situation. Ile also said he was a type-founder by trade, and had worked with Messrs. Sherwood and Co. of Aldersgate-street. The policeman said he inquired there, and no such per son was known; however his acquaintances at the station house at once recognised him. The prisoner was remanded till Monday. The three paupers, Murphy, Owen, and Roebuck, whose case was reported in yesterday's Sun, were again placed at the bar on the charge of selling the workhouse clothes which they wore yesterday. The Relieving Officer having proved the case, a sharp debate ensued between Sir Peter Laurie and the master of the workhouse, relative to the decision in yesterday's case, in which Sir Peter told the master he was inca pable of managing the workhouse, and the master told Sir Peter he was " mighty wise in his generation." Mr. Alderman KELLY sentenced each of the prisoners to a month's imprisonment with hard labour. MARLBOROUGH-STREET. Thomas Simpson, the driver of the Maidenhead wag gon, from the Rose Inn, Farringdon-street, City, was placed at the bar. Police constable, No. 73 of the E division, stated that between six and seven o'clock on Wednesday, while on duty in Regent-street, he observed a waggon heavily loaded, and drawn by a team of four horses, proceeding along without any guidance or c9ntrol. At some distance behind he saw the defendant so excessively drunk, that he was reeling from one side the pavement to the other, and quite incapable of taking care of himself—he was therefore, with the waggon, taken' into custody. house. Inspector Beresford said, that on examining the con tents of the waggon he found it to consist. of property of such value, upwards of 7001. worth, that, he did not deem it safe to trust it in the green-yard, therefore sent it to the Rose Inn by a police-constable. Ordered to pay a fine of 205., or be committed for 16 days. QUEEN SQUARE. Yesterday James Hopkins, a man about sixty years of age, who lives at Manor House, Rochester-row, West minster, and is said to be very wealthy, surrendered to his hail, and was placed in the dock, before Mr. llard wick, charged with the abduction of Mary Anne Howell, a weak-looking child, only ten years of age. Mr. Price, the barrister, appeared for the prisoner. Mary Howell, the mother of the child, was first exa mined. She said she was the wife of a shoemaker, and lived at No. 37, Old Rochester-row, Westminster. Her child was ten years of age on the 6th of April last. She had known the prisoner for 24 years; he had formerly kept an oil shop at the corner of Rochester-row. and had been her husband's landlord eight years. On last Monday week the prisoner came for his rent. No one was then present but witness's son, who is thirteen years of age, and her daughter, the subject of the pre sent complaint. After some conversation, prisoner said, I want the girl to go with a lady to Southampton, who 'is in very delicate health. She will have nothing to do but to nurse the baby and run of little errands. Witness said it was a long way fora child of such tender years to go, and she must first ask the child's father. The child was present all the time, and repeatedly said, "Do let me go." The child, though so young, had always been eager to go into service. When the father came in she told him the circumstance, and he said he had no objec tion. The prisoner then went away, saying he would bring the lady in the afternoon. A number of witnesses were then examined, whose evidence want to prove that the prisoner had, by fraudu lent representations, carried away the child, and the Magistrate ordered him to find bail, himself in 2001, and two sureties in 100/. each. GREAT NORTH OF ENGLAND RAILWAY. Traffic returns for the week ending Dec. 13, 1841: Passengers £625 5 6 Merchandize £1,147 13 9 Darlington, Dec. 15. D. O'BRIEN, Secretary. NAVAL INTELLIGENCE. PLYMOUTIL—The Crocodile, 26, lately paid off at this port, was taken into the Stern-dock on Monday evening. In the Sound (Tuesday).—The Malabar, Madagascar, North Star, Harlequin, Espoir ; Belleisle, Apollo, Sap phire, troop-ships ; Somersetshire, convict-ship ; and Diligence, transport. In Harbour in Commission.—The Caledonia, guard ship ; San Josef, Minden, Isis, Fly, Ferret ; Alban, steam-vessel ; and Hamoaze, Devon, and Camel, lighters. In Dock.—The . Resistance, Canopus, Bellona, line-of battle ships, repairing ; Crocodile, 36, to be examined ; Wolf, brig, under large repair. On the Slips, building.—The Albion, 90, laid down two years and three months in slip No. 1 ; Exmouth, 90, laid down sixteen months, slip No. 2 ; Aboukir, 90, just be gun, on slip No. 3 ; Flora, frigate, No. 4 slip. In consequence of the ravages on the wood fibers of slips No. 1,2, and 3 committed by the lininoria, or grabble worm, and the teredo navalis, or auger worm, it has been considered necessary to substitute granite stone for wood. The bottom of the slip on which the Aboukir is laid has lately been repaired with stone. The wood in some parts was so thoroughly eaten by these little de structives as to appear like sponge. APPOINTMENTS. Dec. 9th.—Lieutenants—John Elliott, to the North Star ; S W. Dorville, to the Minden. Assistant-Surgeon--W. Rogers (b), to the Ferret. Mate—Thomas J. Smyth, to the Caledonia. Dec. 10th.—Lieutenants—George Edwin Patey, to the Caledonia ; R. K. Jenkins, to the Ferret ; Robert Phil lips, to the North Star. Dec. MlL—Lieutenants—G. L. Norcock, to the North Star. Surgeon—Alfred G. C. Tucker, to the Minden. Assistant-Surgeons—Dr. David Thompson (c.) (act ing), Dr. W. Whipple (acting), to the Minden ; Dr. John Henderson (additional acting), to the Caledonia ; Dr. Archibald Sibbald, to the Fly. Mate—Edward J. Voules, to the Caledonia. Dec.l2.—Lieut. Thomas Crofton, to the Minden. (From the Brighton Gazette.) PORTSMOUTH.—Vice-Admiral Sir Edward Bruce, K.C.8., one of the heroes of Algiers, is appointed to the command at the Nore, vacant by the piomotion of Sir Henry Digby to the rank of Admiral of the Blue Squa dron. Captain Francis Brace to be Flag Captain, and Mr. Thomas 4 Woodman, Purser, R.N., to be Secretary. The Gallant Officer has hoisted his flag (white at the fore) on board the Camperdown, 104. The Volcano steam vessel, at Plymouth, is to be com manded by Lieut. C. Featherstone ; it is reported for the Mediterranean. The steam war-ship Growler, is com missioned at Sheerness by Commander C. Buckle ; it is believed for the West Indies. The Volage, 26, Captain Sir Wm. Dickson, Bart., and Dido corvette, Captain the Hon. Henry Keppel, are ex pected at Spithead from Chatham. Destination unknown. The Snake, is, Commander the Hon. W. Devereux, is to proceed' to the Mediterranean, calling at this port an d Plymouth, and is daily expected from Chatham. She is to relieve the Wasp, 16, ordered home. The Thalia, 46, Captain Charles Hope, has been very successful in entering men at Leith, the gallant Captain being popular in that locality. The Fly, 18, and schooner Bramble, will be ready at Plymouth to proceed to Torres Straits, under Captain Blackwood, in the early part of March. Volunteers for the expedition, however, enter very slowly. The Malabar, 72, Captain Sir G. Sartorius, and Aigle, 24, Captain Lord C. Paget, both bound to the Mediter ranean, are still detained in Plymouth Sound. The troop-ships Apollo, Commander Frederick, and Sapphire, 28, Mr. Cole, have put into Torbay, on their way to Plymouth and China. Commander W. Nevill, of Winchester, has taken the command of the Serpent, 16, now at Spithead, said to be destined for the Brazils. The brig Pantaloon, 10, Lieut. Lapidge, will proceed to the coast of Africa in about a fortnight, and the Athol, 28, Mr. Bellamy, master, to Jamaica, with troops. At Spithead.—Belvidera, 38, and Serpent, 16. In Harbour.—St. Vincent, Queen, Victory, Excellent, Royal George yacht, Warspite, Vindictive, Hazard, Pan taloon; Athol], Echo, and Rapid. THE CONVICT WARD. —Wednesday an appeal on behalf of John Job Ward, the convict under sentence of death in Newgate for the murder of the child, in Wil liam-street, Regent's Park, was sent to the Right Hon. Sir James Graham, Secretary of State for the Home Department. The result of this appeal has not yet trans pired, but it is thought that the sentence will be carried into effect, as there do not appear to be any circumstances connected with this particular case that can be urged in favour of a mitigation. The Sheriffs, Messrs. t lagn mostay and Rogers, visit th e criminal ever y da y , and a earnest in their entreaties that he will unburden his mind by divulging the truth respecting the crime for which he is condemned to suffer. To all their i mportun i ties, how over, his only rep l y is, " I am not guilty of murder. The child was hurt b y m y accidentall y falling on him." ' Ward appears deeply to feel his situation. He occupies nearly the whole of his time in reading the Scriptures and other religious books, supplied him by the Rev. Mr. Carver, c.kt is spoken religious f hhe matters, most v ehemently protests the chaplain. He converses freely b u t when the subject of ti.heoniceunrcedeyr MORNING SUN LLOYD'S SHIPPING LONDON, DEC. 16.—Wind this day at noon S. by ‘ l. - OFF DOVER, DEC. 14.—Mount Stuart Elphinstae , Bombay. RAMSGATE, DEC. 15.—Arrd. Ruby, Sunderland, fic Southton, with stern stove, &c., having been in contact ; Ireby, Hartlepool, for Toulon, with decks swept, &c . ' having been struck by a sea. DEAL, DEC. 15. Wind S.W. strong.—Arrd. Bright ,. man, Calcutta ; Douglas, Quebec. Arrd. from River, Mary Dugdale, Calcutta ; , Thames, Sierra Leone. LIVERPOOL, DEC. 15.—Wind S. to W.N.W., fresh...." Arrd. Magnet, Montreal, sld. Quebec, 20th ult. ; Roscius, New York, sld. 27th ult. The Erin-go-13ragh, Quebec to this port, was fallen in with in a sinking state, on the 7th inst., in lat. 47, lon. 40, by the Roscius, arrived here, crew and passengers saved. COWES, DEC. 15.—Arrd. Pilot, Quebec ; Nepon set, Bremen, for Batavia. PLYMOUTH, DEC. 15.—Wind N.N.W.—Arrd. 1 1 . 31 • 5 ' Spy, Westward ; Charlotte, New York for Rotterdam, with loss of boats, leaky, &c. Sid. Forester, Ruth, E a gle • and Elise, Malta; H.M.S. Madagascar, Africa. DARTMOUTH, DEC. 14.—Sailed Minerve, GuadalouPe• ILFRACOMBE, DEC. 15.—Arrd. Retrieve, Quebec. MILFORD, DEC. 14.—Arrd. Resolution, Quebec, for Liverpool, with sails split, loss of boats, and very leaky', having been struck by a sea on the banks of Newfoundland. PORTSMOUTH, DEC. 15.—Wind W.S.W. to W., strong and squally.—Arrived Hendrick H u d son , Morgan, Nee York, sailed 23d ult.. ; Port-Glasgow, Quebec; Que b London, New York ; Dartm ou th, d o ., Bombay Careco ' line, New York ; Johannes Christoph, Hamburgh, Rio' FALMOUTH, DEC. 14.—Wind N.N.W. to W., "' est, gales.—Sid. London, New Zealand ; Amity, Hall, Jamaica ; Spheriod, Trinidad ; Supply' Cuba ; Mountaineer, Mobile. yester - TORBAY, DEC. 16.—The wind having shifted day to the northward, several vessels endeavoured to proceed, but were obliged to put back this morning Pa • account of stormy winds. Liver; VESSELS SPOKEN WITIL—The Charles Eyes, pool to Ceylon, 11th Oct., lat. 22 S., lon. 27 W. • Georg, Washington, Liverpool to New York, with 'foremas: Bebe, Ceylos ; sprung, 10th inst., lon. 14, by the Magnet, arrived Oct..! Liverpool Lady Flora, London to Madras, 28th lat. 4 N., lon. 21 IV. ; Woolsington, London to CeY l `L' 30th Oct., lat. 7, lon. 32 ; G o di acus Hamburgh to D_.*: Thomas, 19th ult., lat. 23, l on . 37, ' by the Aimwell, *ld rived at Liverpool. Alb ana , M a l aga to N ew York , ult.; Oresa (brig), 26th, hit. 37, lon. 59; Madison, Li ve ., pool to Virginia, 28th, lat. 49, lon. 50, by the Acadia"' arrived in the Clyde. CORN A VERA GEM. GENERAL AVERAGE PRICES OF BRITISH C 01 1.1.4 of For the Week ended Dec. 10, 1841, ma d e up from the., ll „ e e n it and the Inspectors in the different Citi es an d Towns in bop - Wales, per Imperial Quarter. 1 .so . I'd• Wheat 12s. 7d. 1 Oats ... ...... 225. 2d.1 B ean s ........ • _„. 4,1, Bdrler 34e. 92.1 Rye ... ..... 41s. bc , tease .....»•• .....7 0 * AVERAGES OF THE LAST SIX WEEKS. p oSS. Week ending WHEAT. EARLEY. OATS. RYE. BEANS. :„.....,/ --..--......-- —.....-- --....---.... i. 0 f Nov 5 65 5 t 32. 8 22 0 39 7; 4 0 4 4 4 $ 12 6l 4 33 4 22 0 40 '2 140 II 40 3 19 65 11 31 4 22 8 40 21 40 , 4 40 0 26 di, 9 v 2 4 22 h 44 7 t 41, 1 30 Dec. 3 .... 1 4 10 ---- IMPERIAL AGGREGATE AVERAGES OF THE SIK W % . ila Wheat......... 61s. 941. 1 Oats ......... 225. 44.1 Beans .......... e .. 4I Barley DUTIES ON FOREIGN CORN. 9'. 6d. ed• Wheat ...... ... 225. 84.1 Oats Barley 133. Rd. ' Rye • THE MARKETS —YESTEl nA_ -I. ' COLONIAL MARKET. Prices were steady, and a fair business was transoens fur the home trade, but for exportation the oPe re v t ,. l i c es were extremely limited. Th e i m p or t s were fair. 'l w o of Raw Sugar station a ry. C o ff ee h e ld firinlY , b ut uice were few buyers. Price of Spices on the declin e : I vet dull, but not cheaper. I n di go so ld slowly, a t rates. Rum not cheaper, but there were few bliy e—. Little business done TEA in MARKET Free Trade Tea, but P ri d a were firm and low. Cong ou cou ld n ot be had 111 Is. 9, 2 1 d. per lb. TALLOW MARKET. C an dle The market firm, with a f a i r d ema nd. • 0 41 on the spot 48s. 3d., and 48 s . f or d e li ve ry 1113 to the the year. WHITECHAPEL HAYMARKET. best The supply of Hay - and Clover was good, tu e so rts qualities sold quickly, the middling and ordinarSok heavy on hand. The supply of Straw was bet 01 l o od. the demand good, with an advance of full Is. Per 1 BS. Clover, 3/. to 51. 13s. ; H a y, 21 . t o 41. Bs. ; Straw' to IL 13s. COUNTRY CORN MARKETS.___,—,---".• reo e '' ---- Wheat. jßarley. I Oats. Bea n. ' ...••••• S. • Per Quarter. s. to e. s. to r . s. to s. s• 1° . 0 1 39 4 0 . Boston itrainti ee 52 70 27 34 23 29 W 13 ighton 63 74 31 40 .23 27 37 45 95 o- 49 Cambridge — 62 29 20 -- '" 40 ,„ Chichester 56 63 30 28 24 26 44 ri 31 ~... Dunmow 5B 62 30 36 20 26 30 .- , r , .... 3' Grantham Grimsby 56 74 1 29 33 IS 21 36 ~,," ,15 ..„. Hailsham 66 72 33 33 22 23 33 ;7, ...- 33 Hitchin 5O 73 27 35 20 90 34 ;I $1 lii Ipswich 6O 67 28 21 26 33 ,„.,''' 33 , t,ewes 62 61 32 36 21 22 '34 '-' 34 !'' Lynn 54 66 26 34 20 96 40 46 .....! Maidstone 59 76 36 39 26 32 38 40 ~-"" P Norwich 1. e t worth Rumford 56 70 28 33 21 32 20 40 3, 1 1 31 02 Sandwich 6l 71 23 34 25 30 23 C 9 , 41 i Tnetford Wisbech ...... 57 68 28 34 20 23 36 42 „,.D. 4! Witham 6l 71 29 35 24 31 31 42 u 2 44 Yarmouth 6O 74 34J 32 24 30 98 40 3 0 LIVERPOOL CORN Al kRKET.—Dec. 14 j o, e t . WHEAT, English, White, per 701 b... ---- R e d g 0 1 0 0 --. Scotch, Welch, and Manx -----. Irish, White 7 9 s 6 --- Red , 7 0 ' 1 0 12 • ---- Forei g n OATS, Eiglish. Welsh, and Scotch, per 451 b S 0 0 ° ------ 'list, . ... •• •.. ~. 0 __ 0 Foreign BARLEY, English, Malting, per Imp. quarter ....... - 3 4 9 0 Scotch and Irish, pet 60Ibs Feeding 0 49 6 BEANS, English, per Imperial quarter 0 . 46 0 --- Irish, &c Foreign PEASE, English, per Imperial quarter ,44 0 ,4 0 ..--- Foreign Fcoun, English, per 2801 b. 0 0 'ie . 0 -- Irish OATMEAL, English and Irish, per 2401bs - *.• INDIAN CORN, ptr 480Ih. I, arow.•••• ......... .... s i 96 $; 0 p 6 0 RYE, per Imperial quarter MALT, per Imperial quarter ... .... ..._— ble fashion 1 BREAST PINS.—A most detesta ~_ t h o se ° that of wearing breast-pins with heads l ike l o oking • pumpkins—sometimes it is a two-fold enormiti:swinging , ' hugely like a brace of buoys connected by n An g binq cable. The man of taste has no relish for hanb",peek ° ~ self in chains, and very seldom g oes beyond a . brilliant. ROYAL GEORGE.—Twelve tin packe t 3 ° b f r orri! . served French beans, in a w oo d en box, have been Aro' up from the Royal George, s t am ped " C°llser;ei:r par chena de Catron, Marseilles." Neither yi n ra lae • pickle had been used ; they had been boiled a n or u se s' in air-tight vessels, and were as fresh and fit ' ve , year s when first inclosed. They have been fifty -se under water.—Kentish Observer. ___.—.4eo°3 • • 00 0 E. J. DENT, 82, Strand, by Speciac ER tb, r e ment CHRONOMETER and WATCHNI- 81 "11,13" QUEEN and his Royal Highness PRINCE `",.il e d Pe" obtained the great Government Reward for the unequ'n e d iftr formance of his Chronometer, No. 114, which 014 vnrltiori to four hundredths of a second in twelve months. lo Loc this distinction, he has just received, by order of "' or g olfs Commissioners of the Admiralty, the highest reward ° ke epers' by their Lordships for the good performance of time': m oils Mr. Dent, anxious to remove any prejudice which rn ig is or to his general business from the idea that his atterittlu—begs elusively devoted to instruments of the highest ord er ' to th ° state, that while his principal care is necessarily directrwatcher. latter, he is not unmindful of the manufacture 0 ' mc i e etli which, while they are greatly lower in price, are snosil accurate for all ordinary purposes, and will, therefore, Jobe§ most in demand. The wh o le of his extensive stoc k of ° s o he has had the advantage of his selection and examinat ion, _ uto ts, has arranged a departm en t, un der competent superiuSen prime for offering to the p u bli c goo d pl a i n watches at asl o 7, l .,` a ntie is compatible with any pretensions to correctness, ful,foopers,; gating, from an increase of business, an advantageous Goo' sation for reducion in price. Ladies' or Gentleineo„.,...B%, Watches, from 101. 10s. each ; Silver ditto from 41' 4 ' • Strand, MO IP PLATE.—A. B. SAVORY and S ON-, •te d i. facturing Silversmiths, No. 14, Cornhill, London (oppoolsoor Bank of England).—The best wrought Fiddle-Patters _ e t he Spoons and Forks, at 7s. 2d. per ounce. The following ; to et weights recommended, but the articles may be had lig heavier at the same price per ounce : a X.. d. oz, 5 -. 10 15 Cl a 12 Fiddle Pattern Silver Table Spoons 30 at 7 2 *" - 7 3i; 12 ditto 12 ditto 12 ditto DTeasbsleort Forksditto 3020 at s 7 7 2 2 ::: 1 , 15 3 -,..., Dessert ditto 20 at 7 2 "• 3 il : 2 ditto Gravy Spoons 10 at 7 2 ••• 3 11 0 1 ditto Soup Ladle... 10 at 7 2 ••• 3 16 ! 4 ditto Sauce ditto... 10 at 7 8 ••• 1 0 v 4 ditto Salt Spoons(gilt stro n g ) 210 0 1 ditto Fish Slice... .............. 3 16 , e , i 2 ditto Tea Spoons... 10 at 7 8 ••• 0 15 v Pair Sugar Tongs 1 p d ri i c tt e o current, stamped as a newspa(pestrrierl)ustgteePivbil; dra N Wi ll ng . s A , and containing every information relativ tf, chase of silver or Sheffield. plate, may be had will be sent into the country, free of postage, paid letter. __--.•••"'"*""_-------. In isiippalpig_wateirooto:., B I THS. On the 12th inst., the lady R of A. D. Inglis, Esq' ' ci t he se : (l6 On the 13th inst.. at th e Vicarage, Ki n let, SsloP , of the Rev. G. W. Murra of a son. On the 13th inst., at Sl y Oane-street, the wife of the Ist ° C s : Richard?, Esq., of a d aug ht e r. • On the 15th i ns t., i n Afecklenburgh-street, Shuttleworth, jun., of a daughter, MARRIED. I Sad' On the 7th inst., Kin on-Thames, 11-I . - low, eldest son o f . Lat.CSldslto°wn,-uEPq., of Coombe 13 the Cratte tags, Kingston-hill, to Harriett, youngest daughter of toe Air. Robert Cooke, of Kingston-upon-Hull, York*hirel ixod, f On the 9th inst., at Ballinagall Chur ch, Westmeat, re_ late James Dill o n Roche, Esq., t o Eliza, only daughter o the William Varnham, Esq. --% DIED. Ward' On the 22d of September, at Howrah, Calcutta , A. Esq., Comrr ander of the ship George the Fourth. ,_ditir On the 12th inst., Miss Margaret Fowke, of Castle 12: _0 ham, Essex, youngest daughter of the late Major ln_.vio.. Thorpe Fowke, Royal Marines, and sister of the late Resr miral G. Fowke, of Sible Hedingham, same county.., dsier On the 13th inst., the Rev. N. Eyre, 13..A.r0f -w a g hall, Oxford. C 6 " On the 14th inst., at Avenue-read, Regent's-parlc 1 Kett, Esq., late of the Royal Artillery, aged 47. ..,.....hall, On the 14th inst., E. Wilson, infant son of Mr. T. ;u l-- of Lambeth-walk. Castle' On the 11th inst., James Ed e, Esq., of Ridgewil • near Southampton, aged 53. _........„.......„..../' -- :f ___ - - ------ -- Y - 61:n q °' ! London : Printelubli'lled by Mil stran d, 03 , No. 112, Stran,l, at The Sun, Office, No. 1 1 . 2, ,"1. the County of Niacin, Friday, Decerabft Pt iw" I ofj the N s ! Pip Is , ttli fr te, Z it 14 'tto