The Sun. — London, England, 1841-02-01 00:00:00

NIORNINC4 SPIRIT of the PUBLIC JOURNALS. FP OM THE DAILY PAPERS OF SATURDAY. (From the Morning Chronicle.) It gives us unfeigned pleasure to be able to refer our reade rs t o a d oc ument from Walsall, in another column; beiap a remonstrance signed by a number of the most re sPe'ztable members of the Wesle y an Society sad congre gr dons in the borough to those of their friends who have iignified an intention to vote on the side of the supporter of the CorSlaws. After quoting several forcible texts of Scripture, they call upon their misguided brethren " to pause bffore they range themselves on the side of the op pressr,rs of the poor ;" and they add that three-fourths of the. congregation are hostile to the landlords' tax candidate. Yes, 4se Corn-law monopolists are oppressors of the poor I " He that witbholdeth corn, the people shall curse him." These Wesleyan Methodists express their sur prise that the erring minority should form such an intention as voting for Mr. Gladstone, "because we know you to be a believer in the lVord of GA." If that Word is to be a guide of conduct, how can any man who believes in it give his support to a candidate, who, in order to enable bankrupt landowners to live in luxury, would uphold a law which condemns the poor me chanic to starve, when he might, in exchange for his in dustry, obtain food in abundance. The Corn law mono poly is utterly at variance with Christianity. Before a me - a can make up his mind to support the Corn-law mo :tupoly, his heart must be closed against all those benevo lent feelings which a perusal of the sacred volume in true simplicity of heart must inspire. Well did Dr. Samuel Johnson answer Sir Thomas Robinson, an advocate of the Corn-laws Sir Thomas, you speak the language of a savage ; v.hat, Sir ! would you prevent any people from feeding themselves if by any honest means they can do it ?" The Corn-laws are a discreditable shift on the part of the landowners to throw their share of the public burdens, which ought to press equally on all, exclusively on the rest of the community. But they do more than this. They tax the industry of the country to an enormous amount, to swell the rent of land, which, from various cir. cumstances, would otherwise be excessively high. People are not generally aware of the great increase of rent of late years. It was but the other day we saw in an Edin burgh paper a statement that the estate of Ayton, in Btr wick.hite, had been sold for 170,0001. Berwickshire is a purely agricultural district, possessing neither coal nor lime, nor any other means whence estates may derive value than corn and pasture. Yet we will venture to say that if this estate had been sold at the time when prices were higliest before the close of th.:. war, it would not have brought 100,0001. The estate was, in 1811, as highly improved as it can be in 1841 ; and yet it sells now, in our present improved currency, at twice as much as it would have sold for in a depreciated currency thirty years ago I We call ou the electors of Walsall to set an ex ample to the rest of the country on this occasion. The election is fast approaching. We hear that the last accounts received from the borough are favour able. We tru.,t the spirit which led the Wesleyans to pen the rernon.trance to the misguided minority of their brethren in the interest of Mr. Gladstone, will be found to pervade the community. The Tories, as usual, have been threatening the electors. Bat the elec tors ought to bear in mind that the power to oppress fails when it is encountered by a general display of spirit. The strength of the people is in union. If it be seen that, animated by the hatred of a grinding monopoly, the elec tors boldly face the adherents of the Corn-law monopo hitt, those who have used threats will pause before they venture to put them in execution. Should, however, any Tory be so ill-advied as to seek, after the election, to pu nish a conscientious voter, we trust that Manchester, if not the country at large, would stand between him and his op pressor, and im:eninify any honest elector for his losses. 'I he cause of Mr. Smith is the cause of the people. Wal sall is the first place where the battle against the mono poly of food has lecen fought ; and, should the monopolists be defeated, the men of Walsall will be in every mouth, from the Land's End to John o' Groat's. It is impossible to over-estimate the importance of the return of the free trade candidate. (From the Morning Advertiser.) In the last number of Tait's Magazine there is a post. script respecting the Walsall election, a portion of whicl we shell copy into our columns :—" Limited as is cur spice, we cannot allow the occasion to elapse without one word expressive of hearty satisfaction at the decided movement of the Anti-Corn-law League. From the atti tude the League has assumed, whatever may be the imme dieto re3ult of the election—and we anticipate triumph.... the most b.neficial consequences must arise. The Chart jets and working classes will now be convinced that the members of the League are in earnest in the pursuit of that great object, which has been misrepresented as a trick of the middle classes to divert the people from those fun damental reforms more necessary to their well-being, and those of the Ministry, who are capable of setious reflec tion, must now believe that something more is required to satisfy the Abolitionists than the hocus-pocus of Open Queetions. A proof like this was wanted to carry conviction both to that insensible Government, who despatched the unlucky young gentleman, at such a crisis, to such a constituency, and to those misled persons—on this point grossly misled—who ima gine that they have as interest opposed to that of the Coru.law aboliti elists. In the present critically balanced state cf factions and votes in Parliament, the Ministerial prints are, of course, furious at any step which may en danger the place's of their patrons ; security in office, keepiog in the Whigs,' being the Alpha and Omega of their desire ler the general weal. Tile real Reformers, also, would, in this particular instance, be doubly grieved and disappointed if the Tory candidate was returned; yet, eve n that calam:ty were tolerable, under the conviction of the advantages that must result from the step advisedly taken at Walsall, and which will be repeated as often as a similar crisis arises." New, we trust that we need no: in form our readers that we are quite as hostile as the mem bers of the Anti-Corn-law League to the continuance of the tax upon breed, end that if we could obtain a total re peal of it, no effort upon our part should be wanting to ac complish so desirable an object. The tax upon the intro duction of foreign corn is the most mischievous that ever was devised, for the purpose of aggrandizing one party at the expense of the rest of the community'—of adding to the monopolies of the rich, and taking away from the well-being of the poor. It is the mother of pauperism, and of crime, and of want—it is the worm that is gnawing the very vitals of our country—drying up the sources of our prosperity—driving our best workmen abroad in search of employment—compelling thousands annually te leave our shores who would otherwise find a rich field for the exercise of their capital and skill—and rendering the demand for our manufactures in every mar ket in the world daily less and less. The manufacturer is obliged to accept small profits—the artisan and labourer to work for starvation wages—and yet, after all these sacri fices, the proprietors of land are themselves injured instead of beirw benefited by the unjust, impolitic. and accursed tax. Entertaining, as we most sincerely do, these opi niony upon the subject of the Corn-laws, every successful endeavour that is made, every probable step that is taken for th car removal, has our heartiest support and approbeCon ; but there are two points respecting the policy of which we are inclined to differ somewhat frem the Anti-Corn-law League. The first is that of insisting upon a total repeal instead of a modification of the duty upon foreign corn ; and the second the pro priety of opposing every candidate for a seat in Parlia ment who will not pledge himself to the same effect. With regard to the first, there is no rational person ac qiiainted with the state of parties and the power of the agricultural interests in both Houses of Parliament, who dreams for-an instant of the possibility of carrying a total repeal for a series of years to come. Nothing but an unanimous league among the working classes, endanger ing property, and accompanied ley overpowering violence, could accomplish, even if that could accomplish, the ob ject in view; but the case is otherwise with a reasonable modification, because there are many who would vote in favour of such a measure, but who would oppose the other with all their might and main. Besides, the obtaining of a modified duty upon foreign corn would pave the way more eff ctually than any other course for the accomplishment of a total iepeal; for who can doubt, thickheaded and most obstinate as many of the Landowners are, that they would relax in their opposition to the wishes of the country, when they once saw that they were not only not injured, but ac tually benefited by the change ? With regard to the se cond point, if by ousting every Liberal candidate who would not pledge himself to vote for a repeal of the Corn !awe, a repeal of them could be obtained by returning a representative of Tory politics, we should counsel the adoption of the scheme, and assist in carrying it into effect with the most hearty goodwill ; but, unfortunately, there is no such flattering unction to be laid to 07 pr:wr, souls —the Tories imposed the bread-tax in their day and to a man they are almost all still in its favour. The Anti-Corn-law League ought, in consequence, to be care ful how they act, lest, in their endeavour to put an end to one evil, they do not inflict a greater upon their country. (From the Courier.) According to notice, Lord John Russell last even ing brought before the Commons House his motion for leave to bring in " A. Bill to Continue the Poor-law Commission," nut for one year, not for five years—to which originally limited by Lord Althorp, with anin timation that machinery so expensive might thereafter be dispensed with—but " for ten years," that is to say, for ever. Supplementary to this announcement so con soling for the poor, the Bill professes to be also for the "further Amendment of the Laws relating to the Poor in England." We might have been tempted to hope, even against despair, for the concession of some boon to the poor in these arnendmeeits, so called, to be proposed, but reference to the speeches of the Noble Mover is quite sufficient to extinguish whatever ray of comfort 'night have glimmered ill the far distance on that score. The amendments will, in fact, be only in the way of ren dering the provisions of the new Poor-law morn stringent, and of enlarging the despotic powers of Somerset House. Lord John pretends to justify the repeal of the more wise and bum roe enactments of the law of Elizabeth, on the ground of certain abuses which in the course of nearly two centuries feel grown in th e wor ki ng of that Law. Upon t h e s e ep: principle he would be equally right in vindicating the repeal of Magna Chute, the Bill of Right:„ or, to conic to more modern time,, tholic Emancipation, because rebcllious N o bl es h ad re levied civil we, or reform aeitators had broken out into rebehon in South Wales, or Papists had broken their (wile. The abuses of rights and privi leges by the rich and more powerful have been at least equally salient with those ou the part of the poor under the old Poor-laws ; and where transgression is equal the punishment should not be one-sided. But the abuses were those of mal-administration merely, and did not affect the principle of the old Poor-law. Lord John assumes, indeed, that the principle of the EFzatictban Act is left unscathed by its modern tra vest,e, but we incline to believe that he is single in the conceit which, as we cannot attribute it to ignorance, we must challenge as of bad faith. The law of Eliza beth says the poor shall not starve, b ut i t d oes not make imprisonment in workhouse gaols, and dietary worse than that of felonry, the conditions of such relief as may keep soul and body from parting. It does not enact the separation of wife from husband, and both from children. " There were four workhouses (said Mr. Wakley) in the Kensington Union : that for fathers at Kensington, that for mothers at Chelsea, that for daughters at Fulham, and that for sons at Hanaraerstnith." Will Lord John pretend this cruel classification and division of families to be part and parcel of the Elizabethan " principle ?" One of his largest boasts in favour of the new system is, its tendency to moralise the people. " The labourer (says he) was raised by this change in the law." * * We hold the veracity of these reports, from frequent and public conviction of their notorious perversion of truth, at a very cheap rate. The exist ence of the Commissioners may be said to hang upon the supressio yeti and assertiojal,si. As to the mons trously exaggerated abuses of old Poor-law administra tion—exaggerated with malice prepense and afore thought—they were slight and endurable evils, taking them even as depicted, when compared with the fright ful barbarities perpetrated under the sanction of the new system, and naturally fllwing, from it. (From the Globe.) We are happy to find that the Liberal electors of East Surrey are alive, net merely to the necessity of union and energy in the cause of Mr. Alcock, as the candidate in whom are found the qualities which merit their unanimous approval and support, but that many electors, who would support a Conservative candidate under other circumstances, are deter ' mined to stand aloof from the present contest ; and thus mark their sense of what is generally felt 'to be an affront offered to the whole constituency, by the pro posal to convert the county of Surrey into a pocket borough—to transfer it, with the ease of changing a mere banking account, to the house of Coutts, Trotter, and Co. One partner (Mr. Trotter) already repre sents the Western Division of Surrey ; and now an attempt is made to introduce a mere youth, the son of Sir Edward Antrobus, another of the firm ! The young gentleman's pretensions to a seat in Parlia ment would not have been weakened in the esti mation of any constituency had be tarried a little lon er before he aspired to the honour and responsibility of a Legislator ; but when the County of Surrey is affronted by having a mere youth, scarcely emancipated from the restraints of pupilage, proposed for one of its members, and this in order to place the county under the domination and control of a banking firm, we are not surprised at the resentment high-minded men feel at the indignity—the surprise would rather be ex• cited if the indignity were not resented, and the proposal spurned as it deserves. The Liberals of East Surrey, on the other hand, have reason to congratulate themselves on their candidate. Mr. A!- cock's respectability, independence, experience, and un compromising consistency, render him all that an en lightened constituency could wish for in a Representa tive. The enthusiasm with which he has been received at the meetings he has attended ; the activity evinced by the Local Committees ; and the encouraging com munications received by the Central Committee from the several districts, warrant a strong hope that the late ness of Mr. Alcock's appearance in the field will not militate against his success at the poll. (From the Standard.) Lord John Russell proposes to continue the Poor law Commission for ten years more . 1 in addition to the :even years that it has been in existence. Is not this without precedent? The Poor-law Commissioners are /egietators, and to a considerable extent they exercise the power of levying taxes. When before did the Le gislature delegate its legislative and tax-imposing functions for ten years ? And what is the necessity for such an extraordinary proceeding ? When the New Poor-law passed, it was distinctly stated, that the Commission was to be but temporary, to put the new law in motion ; and now, after the Commission have ruled seven years, a prolongation of their reign for ten years more is demanded. The country, we think, has a right to demand an explanation of this ex traordinary project. Why should not the Poor-law Commissioners annually submit to their re-appointment by Parliament as the army and navy do ? Is it that they have given so much satisfaction to the country ? We abstain, however, from this view of the subject, be cause we wish to hold attention to the constitutional question—is Lord John Russell's project sanctioned by precedent, by analogy, or by the principles and practice of the Constitution? MONEY MARKET and CITY NEWS. (FRIDAY EVENING.) CHRONICLE—The funds have been heavy to-day, and prices gradually declined from the opening quotations. This depression has been produced by discounting the low prices expected to-morrow morning from Paris, where it is expected that the market would bo lowered by the contents of the Queen's Speech. Opinions here have fluctuated from one side to the other. The first im pression was that the effect would bo bad in Paris, and this produced an immediate fall with us, but when the explanation of Lord Palmerston was read, it was seen to be so reasonable and satisfactory that the Bears became fidgetty and bought back their stock. To-day, however, a change again has come over the spirit of their dream, and all kinds of gloomy rumours have been cir culated ; amongst others, that the Paris prices of Thursday have been actually received, but we have not traced the report to any authentic quarter. The pro : bability is, however, that the French funds may be par tially affected, as ours were at the first reading cf the Speech, because it will be received without the explanatory comments. So soon, however, as they are perused, we must give the French credit for sufficient can dour and good sense to allow that it afro. Is no cause fur dissatisfaction on their part. If, therefore, the Routes come lower to-morrow, we should have a rally in them when time is given for the discussion and consideration of the matter in its fair and proper bearings. In the mean time, however, the market here has shown weakness, and considerable anxiety has been felt upon the subject through out the day. It will be seen that the communication from our Madrid correspondent, referred to in the Chronicle of to-day cor roborates the statement which we gave yesterday of the outline of the expected financial decrees relative to the Foreign Debt of Spain ; the chief point of difference being the rate of interest to be paid on the capitalized coupons, which is now stated at 3 per cent., instead of 21, as was originally announced. Our information yesterday led us to say that the rate would be probably so high as 5 per cent. We believe, however, that on the question of interest some difference of opinion existed in the Spanish Cabinet, which may have delayed the publi cation of the decrees themselves, and led to the dis crepancies which have appeared as to the precise rate of interest to be paid on the coupons. Doubts also are en tertained as to the period when it is proposed by the Re gency to resume payment of the interest on the active capital stock ; in other words, the accounts in the City to day do not coincide in that respect, as in some well in formed quarters the Ist of May, 1842, is named, and in others 1843 Should the last named day be the date fixed upon, the interest payable for the present year will be included in the conversion of coupons, and capitalized accordingly with those of the preceding years from 1837 inclusive. This was settling day in the Foreign House, but the extreme fluctuations in Spanish Actives since the last settlement have scarcely amounted to 1 per cent., and in the other foreign securities little business has been trans acted, consequently the Account arranged to-day was by no means large. Money was easy, the rate of continuation not being more than 6 to 8 per cent., depending, in some measure, on the nature of the security. TIMES.—By advices from Hamburgh of the 19:11 inst. the price of gold is 424 per mark, which, at the English Mint price of 31. 17s. 101 d. the ounce for standard gold, gives an exchange of 13.4 - ; and the exchange at Ham burgh on London at short being 13.4, it follows that gold is 21 per cent. dearer at Hamburgh than in London. The premium on gold at Paris is 51. per mille, which at tho English Mint price of 31. 17s. Mid. per ounce for standard gold, gives an exchange of 25.27.} ; and the exchange at Paris on London at short being 25.30, it follows that gold is .10 per cent, lower at Paris than in London. It was mostly money business that was done in Consols to-day, and there was a alight decline in values both for Money and the Account as compared with yesterday. The settlement of the Foreign Stock account to-day was attended with no difficulty ; in fact, the business done within the last fortnight has not been large, itnd was chiefly confined to Spanish bonds, in which, however, the extreme fluctuations have not exceeded 1 per cent. Por tuguese Bonds have scarcely varied so much. Dutch and ~,ther securities, which formerly used to be objects of spe culation, are now quite neglected as such, and the few transactions which occur are almost exclusively limited to bona fide sales and purchases for money, and the quota tions are steady. Some remarks which are current respecting the influ ence the proposed alterations in the tobacco duties may have upon the parties at present engaged in that trade, consti tute a very proper subject for public attention, though it is obvious that such considerations ought not to stand in the way of a decided public benefit. Among the per sons who expect to receive the greatest injury from the alterations are the makers of home-made cigars, who at present manufacture a leaf subject to a duty of 3s. per pound, and who confine themselves to an in ferior sort of cigars, since persons who can afford the high. est prices invariably prefer those made in the llavannah, notwithstanding the protective duty laid on cigars of foreign manufacture. Inferior, however, as the home made article may be, it is taken by a large quantity of con sumers, and employs some thousands of hands in making it, who all run the ri.k of being thrown out of work in the event of lowering the duties ; for if the duty be reduced to ss. in the pound, instead of the 9s. which is paid at present, thl protection which now is beneficial to the infe rior kind of cigars, though it is found not to extend to the best sort, will be removed from the former, and as the labour of home manufacture costs from Bs. to 10s. per pound, the inferior cigars of foreign make will be taken at a price scarcely higher than that paid by the home manufacturer for leaf tobacco, and thus competition will be destroyed. Several c om pl a i nts are ma d e by p ersons rece i v ing Post office money orders, who have been subjected to what they conceive unnecessary delay in obtaining their money from the chief office in St. Martin's-le-Grand. The delay SQCM3 to arise from the order, and the letter to the office, containing advice% respecting that order, being sent at dif ferent times, for it is no uncommon occurrence for the pre senter of the order to be told, that it cannot be paid be cause no advices have been receive , ?, and he has to wait for several days to allow time for these advices. Now, as ' 11-1 F, SIT IC, LONDON. MONIIA_Y, rpm it would seem t-hat the mere presentation of the order would ba sufficient without any advices at all, it is parti. milady hard that the public should be put to inconvenience on account of a part of the system, which is of such small utility, and which seems to hay no object beyond that of increasing the Post-office reveLle. LAW INTELLIGENCE. ROLLS' COURT, J.l N. 30. This was the general petition day. The unopposed, which occupied a considerable portion of the morning, were taken first. BOULTER v. BOULTER. The object of the petition in this case was to have an account taken of what was due in respect of a mortgage, and to charge the mortgagee, who had consented to a sale, with what he had received, or without default might have received, and with the expense incurred in respect of dilapidations during the time he had been in possession. The petition was opposed, but after hearing Counsel pro and con, the Court granted its pray er. COURT OF QUEEN'S BENCH, sh.v. 30. ( Sittings in Banco.) THE QUEEN V. DARES. This was a rule calling upon the defendant to show cause why an information in the nature of a quo warranto should not be exhibited against him, to show by what au thority he exercised the office of town clerk of the borough of Reigate. The ATTORNEY. GENERAL (with Mr. ERLE ) now ap peered to show cause against the rule. The facts of the case were these. The defendant was a councillor of the borough, but resigned that situation. On the 28th of September an election for the office of town clerk took place, but three clear days' notice of the meeting had not been given, and he (the Attorney-General), therefore submitted that the proceedings under that election were void. The numbers at that election were—for Mr. Dawes, 7 ; for Mr. Jenner, 5. It was, however, objected to Mr. Dawes that he bad not paid the fine, and must still be held to be a Councillor. A second election took place on the sth of October, of which due notice had been given, and on that occasion the fine having been previously paid, Mr. Dawes was elected by a majority. The objection taken was, that Mr. Jenner had been duly elected at the first election, Mr. Dawes not being then eligible. Sir F. POLLOCK was beard in support of the rule, and the Court made the rule absolute. THE QUEEN V. HETHERINOTON••—JUDGMEN T. The ATTORNEY-GENERAL prayed the judgment of the Court upon Henry Hetherington, who had been convicted during the sittings t,f the last term of selling a blas phemous publication, entitled " Haslam's Letters to the Clergy of all Denominations." Lord DEN MAN having read the minutes of the trial, and the passages which the Jury found to be blasphemous libels, Mr. THOMAS. on behalf of the defendant, was instructed to move the Court in arrest of judgment, or for a rule to show cause why there should not be a new trial. The ground on which be moved was that the offence laid in the indictment was not punishable at common law. The indictment referred only to that part of the Scriptures called the Old Testament, and there never was a case of an indictment against a publication which discussed matters relative to the Old Testament only ; it was not an offence which was punishable at common law. Although not exactly bearing ou the case, he would re mind the Court of the observation made by the defendant at the trial, that the doctrine of Christianity being parcel of the law of the land originated i❑ a mistranslation of a case in the Year Book in the 3d and 4th Henry VI., and that error had been copied into all the succeeding cases. He would now refer the Court to the judgment of Chief Justice Hale in the case of the four witches who had been hanged in the reign of James the First, that Learned Judge asserting that there was no doubt of their existence. The Court was aware that during the reign of James the First, when the law originated, there was no end of the legal murders that took place under the charges of witch craft and blasphemy. The law certainly could not be traced further back, and had its origin in religious or poli tical animosities, when Judges were found to carry into offoct the wishes of persons in power or authority. In the case of the King v. Woolstonc, who was tried for a libel impugning the miracles of Jesus Christ, the objection was taken that it was an offence not indictable at common law, but the objection was overruled by the Court, on the ground that the Christian religion was part of the law of the land. The Learned Counsel then referred to the cases of Jacob, Peter, Arnett,Wilks, and the King and Williams ; in the latter case the Court held that the libel was indictable at common law, because the libel denied the authority of the Holy Scriptures, and that the Christian religion was part and parcel of the law of the land. In all these cases the divinity of Christ, and the authority of the Scriptures generally, were questioned ; but he sub mitted that where the Old Testament only was called in question, the rule laid down in these cases did not apply, as it did not call in question the great truths of the Christian religion. He would now refer the Court to the able work of the Archbishop of Dublin on the subject, in which he referred to the Old Testa ment as a great historical narrative, and, in a great measure, distinct from the Christian re ligion. Bishop Taylor also said that there were so many errors, mistakes, and miatranslations of the Old Testament, that it was open to the discussion of any party. The Court would see from these autboritiee that there was a license given to persons to discuss ma.ters contained in the Old Testament ; and to that portion of the Scriptures only did the libel of the defendant refer. He believed there was no case on record where a party had been tried in that Court for a matter which had no reference to the Christian religion. Anather objection was, that the Learned Judge had put it to the Jury to say whether the publication was a libel upon the Christian religion, although the libel had no reference whatever to that matter. Now, inas much as the law proceeded on the ground that the obliga tions of civil society were injured and loosened by bringing the Scriptures into contempt, Jurors and witnesses being sworn upon the New Testament, any controversy upon matters contained in the Old Testament which had no re ference whatever to Christ (the Christian religion being altogether independent of the Old Testament), could not be said to come within the rule laid down in these cases. The COURT did not think there was any ground for the rule. There was that connexion between the Old and the New Testament that one part of it could not be assailed and vilifisd without reflecting upon Christianity generally. It was their duty to take the law as it was laid down in the statute book, and there was nothing in these statutes to take the case before them out of the ordinary rule. It had always been considered an offsnee of the highest mag nitude to make attacks of that sea upon the Christian re ligion, and the Jury had found that the publication in , question was a libel of that nature. Affidavits in mitigation having been put in and read, Mr. HETHERINGTON applied to the Court for leave to address it in mitigation, which being assented to, he said he could first rely upon the fact set forth in the affidavits, namely, that it was a common practice in the trade to insert on the title page the name of a publisher like himself for the purpose of serving him, that had been dune in the present case—his name bad been put to the title-page without his knowledge or consent, and he could safely assert that he had never read a line of it until he had been informed that the book contained a libellous passage. It was clear from that. that there could be no criminal intent in selling the book, as he had merely done so in the usual course of his business. When truth was the object in discussions of this sort, he fully agreed that decorum and respect fur the feelings of others should be observed, and he avowed that he did not stand there as the apologist of the passages contained in that publication. Nay, the author had given a candid admission of ilia error, in having with drawn these offensive passages in a recent edition. How, then, could the Court punish him for the sale of a work of the contents of which he was ignorant? Ho admitted that legally he was the publisher of the work, but the statement that his name was to the hook went to the Jury unaccom panied by the explanation that he was not the original pub lisher. Mr. Heywood had, at a trial in Manchester, pleaded guilty to being the original publisher, and had been discharged, after giving bail to appear when called upon. All he asked was, that the same punishment might be im posed upon him, and he felt confident they would never have to call upon him. He humbly trusted the Court would not take him from his home and his family in a case where there was an absence of all criminal intention, and he left the case in their hands. The ATTORNEY-GENERAL said it was for the Court to say whether the prosecution was not one which ought to have been instituted. It was only necessary for him to re fer to some of the passages in the libel to show their mischievous and blasphemous tendency. Mr. Hether ington had not in his affidavit stated that when he ascertained the libellous nature of the publication he had withdrawn it from publication, and had ceased to sell it. Whatever had been done in the case of Mr. Heywood was no precedent for their Lordships; they were to judge of the facts which came before them, and it was for them to say what punishment ought to be inflicted on the defendant for the publication which had been laid before them. The COURT having consulted for some time together, Mr. Justice LITTL!DALE pronounced the judgment of the Court, which was that the defendant be imprisoned in the custody of the Marshal of the Marshalsea for the space of four months. COURT OF COMMON PLEAS, .14. V, 30. CHEESEMAN AND OTHERS V. COUNT AND HAVLET. This was an action brought by the creditors to a trust estate against the trustee, for money due upon an account stated. The defendants disputed some of the items, but the Jury found for the plaintiffs. Mr. Sergeant Bompas since obtained a rule nisi fora nonsuit on the ground that there had been no account stated, that is,the document put in by the plaintiffs wus nut legally sufficient for that description, in asmuch as the defendants had not recognised it as an ac count between them and the plaintiffs. Yesterday Mr. Sergeant Channel) showed cause against the rule, and the reply was then heard. The argument was of great length, but purely technical, and the Court dis charged the rule, holding that the account set out in the declaration was an account stated according to the legal meaning . , the defend ants having admitted the greater part of the items, and so far recognised the account. The ver dict on the whole was according to the evidence, and there was no reason to disturb it. BAIL COURT, JAN. 30. Mr. Justice Williams sat in this Court during the early part of the morning, and disposed of several cases of no public interest. His Lordship rose at eleven, for the purpose of sitting at the Guildhall. (Before Mr. Justice COLERIDGE.) IN THE MATTER OF NV. GREEN.—HABRAS eORPU3. In this case it appeared that Green was a prisoner in the Fleet prison, having been committed by the Court of Review. Application was this day made for a rule calling upon the Warden of the Fleet to bring him up by habeas corpus, and to have the cause of his committal inquired into. It was submitted to the Court that the committal was bad, inasmuch as it did not appear from the warrant of committal that the Court of Review had committed him for contempt of the Caurt, further tha warrant ordered the Warden of the Fleet to detain Burin; pleasure of the Court, thus impriioninft ' for an indefinite term. Rule granted. COURT OF BANKRUPTCY. (Before Mr. Commissioner HOLROYD.) IN THE BANKRUPTCY OF WRIGHT AND CO. Friday being the day fixed for the final examination of the Bankrupts, several additional claims were admitted, when A Solicitor, who said he attended for several creditors, applied to the Learned Commissioner to recover back in full four checks for the sum of 1161 His. on different bankers, which had been paid in after the determination by the bankrupts to stop pay. went, but which, nevertheless, were paid is, being presented at the different bankers on whom they were drawn on the morning of the Monday on which they (the bankrupts) actually stopped payment. These checks had been handed over to the assignees, and the applicant now prayed that his clients might be declared en titled to receive the amount of those checks. Mr. Commissioner HOLROYD assented. °YUJI-DUE BANKERS' CIISCES.—A gentleman, at the last sitting under this bankruptcy, made an application respecting over-due bankers' checks, which was not finally disposed of, arid upon which the Learned Commissioner now proceeded to deliver his judgment as follows :—The question to which I allude was respecting the right arid form of proofs against the estate of the bankrupts for a sum of money which, at the time of the bankruptcy, formed part of a larger sum than standing in the bankers' book to the credit of a customer, and for which the customer had some days previously to the bankruptcy, given a check to a flint's.' parry, in payment of a debt due by the customer to such party ; the check not having been presented for payment, thereby operated as a satisfaction and dis. charge of the debt for which it was given in payment, provided it was drawn in conformity with the provision in the Stamp Act relating to drafts on bankers. J should here mention that all unstamped checks, drafts, or orders for the payment of money to the bearer on demand, drawn in Great Britain on a banker residing within fifteen miles of the place where they are issued—and the drafts or orders must specify the place where they are issued, and bear date on or before the day on which they are issued--no laches by the holder will make a check not drawn in conformity with the above provision amount to paym en t of a prior debt, even though the check, but for such laches, would have been paid. In the present case there appears to be no objec tion to the form of the check. In order, then, to come to a right conclusion upon the question before me, it will be proper to con. rider the legal and equitable rights of the respective parties at the time of the bankruptcy. First, then, what is the operation of banking in regard to what are usually called deposits, or money kept by customers at a banker's ? It is this : rums of money which are paid to credit of the customers with a banker are both, in fact and in contemplations of law, loans by the eustomer to the banker, who becomes their debtor, and is bound to repay the money on demand, or to pay checks drawn by the cus tomers for any portion of such money. See " Car v, Car," I Merivale Rep. 541 (note) ; " Leverage v. Noble," 1 Merivale, 368 ; " Sims v. Barrow," 5 Barnewall and Alderson, 393 ; arid "Ex parte Swan," 1 Deacon, 755. A person receiving a check drawn upon a banker must present it with due diligence, and, by the law of merchant, the general rule is that checks re ceived in the course of one day may be presented at any time during banking hours of the next day. See " Bickford v. Ridge," 2 Campl., 537 ; " Robinson v. Bennet," 3 Taint., 388. If the holder of a check fail to present it with reasonable diligence, the debt in respect of which the check was given is discharged by his laches,—it amounts to a satis faction of such debt. In the present case, a Mr. Corvan having a large sum to Isis credit with Messrs. Wright, on the 13th of November drew a check in favour of Mr. Doxey for 251. This check might have been presented before the bankruptcy, and had it been presented it would have been paid. The holder, however, kept the check, and omitted to present it or give notice to the bankers that he held it. The holder, therefore, has no remedy at law against the bankers, who were the debtors of the customer (Mr. Conan), and at law they would continue to be so until they, by the desire of the customer, entered into some binding engagement with a third party to pay the money to him. See "Williams v. Everett," 14 East, 582 ; " Barrow v. Husband," 4 Burn and Adol, 614; and " Fairlie v. Denton," 8 Barn. and Cress., 400. What right then in equity has the holder of the check in question ? I think that in equity, Vs against the person drawing the check. The check itself would operate as an assignment of so much of the debt owing by the bankers to the customer. The assign. ment of a debt does not require for its validity in equity a contract with the debtors. When an order is given by a person to pay part of his money to another, for a foregone valuable consideration, in equity the owner fixes the money the moment it is shown to the party on whom it is drawn. " Yeatee v. Groves," 1 Ves.. jun., 282 ; "Ex parte Alderson," Mad. 53 ; "Ex parte South," 3 Swanst., 393 ; " Lett v. Simmons" 4 Simons. It Is true that in this case no notice was given to Wright and Co. (the Bankers) of this check. Notice to the bankers is certainly necessary to perfect the title--" to give a complete right in rem., and not merely a right as against him who conveys his interest." Had the customer who gave the check become bankrupt, the amount of that cheek would have passed to his assignees; because, to make an effectual assign ment of a debt, in the event of the bankruptcy of the assignor, the assignment of the debt must have everything equivalent to a de livery of chattels personal, as far as the case admits of—such as an assignment and delivery of the securities (where any), and notice to the debtor of the assignment. Nor is the principle confined to cases in bankruptcy. In " Levesedge v. Cooper," 3 Russell's Rep. 58, Lord Eldon, speaking of the case of " Ryall v. Bowles," says, " The grounds of judgment are of general application." Lord Chief Baron Parker says, " That on the assignment of a bond debt, the bond should be delivered, and notice given to the debtor;" and he adds, "that with respect to simple contract debts, for which no securities are holden—such as book debts for instance—notice of the assignment should be given to the debtor, in order to take away from the debtor the right of making payment to the assignor, and to take away from the assignor the power and disposition over the thing assigned." But notice is not necessary in such cases to give effect to an equita ble assignment of a debt between the parties, though it is so for the purpose of preventing the title of those persons attaching, in order that they may not be deceived by apparent possession and owner ship remaining in a person, who, in fact, is not the owner. See " Duke of Newcastle v. Hall," and " Levesedge v. Cooper," 3 Rus sell'; Rep. ; arid " Parke and Hunt, v. Mortimer," 10 Barn. and Cress. 47. I think, therefore, for the reason which I have given, that in this case the check will operate as an equitable assignment, and that proofs should be made for the amount by Mr. Corvan and Mr. Doxsley jointly, in the ordinary form, for the assignor and as. signee of the debt. Mr.lSTarFoen said that, after what now transpired relative to the payment in of the checks after four o'clock on Noeember 21, he had to state to the Court that the parties whom he represented were in a similar situation, but had been led into error by proving for the entire, upon depositions prepared for the choice of assignees under he first fiat. Mr. Commissioner Houtoeo—lf the facts be as they are stated, then there can be no doubt of the right of the claimants to be paid in full the amount of their checks. Mr. HAMILTON said that several creditors sought to prove for " Companies," which so stood in the bankrupts' books, but these Companies had no charters, neither were they in co-operation by At bf Parliament. He knew the parties, and had no objection to the proof, if the Court was satisfied. Mr. Commissioner Hoanovo did not think persons so situated could prove, particularly under tae provisions of the nankin Act. Mr. BACON (the Barrister) said that he attended to claim upon the part of a gentleman named Burton, of the county of Salop, against the separate estate of Mr. Geo. Anthony Wright Biddulph, for the sum of 20,0001. Mr. Burton claimed as sole surviving ex ecutor (out of four) of a gentleman named Plowden. The father of Slr. Biddulph was also one of the four, and the "executors' ac count" was kept under that head in the books of Wright and Co., and also in a separate ledger. When Mr. Wright Biddulph became a partner in the bank, this sum, in which he had a life interest, was transferred. An arrangement was made in March, 1820, that Mr. Wright Biddulph should purchase those shares in the bank which were then recently held by his deceased father Mr. Thomas Wright, who was one of the co.executers of Mr. Plowden. The consideration for the purchase of these shares was this 20,000/„ which was produced by the transfer of that sum from the trust ac count to that of Mr. Biddulph, and by him again to Thomas Wright, the younger, and the vendor of these shares. That was however, quite an unauthorised act so to deal with the capital of the trust fund, and being fully acquainted with the nature of the trusts, the parties so dealing with them became personally liable. It is not meant to cast the slightest insinuation upon Mr. Biddulph, or that he meant anything wrong in the transaction, as the money was then supposed to be quite sate. To secure that suns Mr. Pad • dulph executed a bond dated August 17, 1821, to Plowden and Blount, and Mr. Burton, tine present claimant, now appeared before the court as sole surviving executor of Plowden. Mr. Hastruroar said he had not heard a word of this case until yesterday evening. Mr. BACON enntinued—Upon the grounds he had just stated, he thought there would not be the slightest available objection offered to the proof which he had tendered; the bond was still its exist ence; the account kept in the banker's book of this particular trust-money he would now hand up to the Court; and from the en tries there made, it would abundantly appear that the money had been most improperly advanced out of the trust fund. Mr. Dixox (the barrister) was heard against the proof, at all events until the assignees had had time to investigate it. As to the bonds referred to, he thought they would be effectually barred by the Statute of Limitations. Mr. Bacoar—We seek to prove, because of the breach of trust, which we have clearly established ; and, in such a case, that sta. trite is no har to us. A further discussion ensued, and Mr. Commissioner Houton) directed the affidavit of proof to be now made and entered, and if it should be found that any fur. Iher investigation into the matter would be necessary, then such an investigation should be at the expense of the estate. Mr. BACON said he had three similar applications to make in be. half of creditors, but he would be satisfied to let them abide the issue of the joint proof. Mr. HestuaroN said that the bankrupts were not ready with their accounts, and he was requested to make application to the Court to allow some funds for the payment of accounts to assist in snaking them up. It would require at least a fortnight longer to get them ready. Mr. Biddulph was unable from ill-health to attend to them, and Mr. John Wright's private accounts were so extensive, that assistance was absolutely necessary to get through them. The Learned CommtsstoNert was understood to concur. Mr. France said he represented creditors whose stock had been sold by Mr. Wright to the amount of 60,0001. ; but in the ac count furnished to him he hart neither specific names, nor dates of the sales, whether in the Three and-a-Half per Cents., or other stocks. lie wished to know whether the assignees meant to divide the stock into an average account, or to drive the unfertu. nate creditors to file separate bills in the Court of Chancery. Mr. HAMILTON said that upon this subject he would give the ap plicant every information in his power . Mr. Commissioner HOLROYD said he thought the offer made by Mr. Hamilton was a fair one, and he did not see how it could be at all necessary for Mr. France to go to the Court of Chancery. Mr. John Wright, Mr. Henry Robinson, and Mr. Edmund Wil liam Jerningham, surrendered to the fiat in the course of the day, and received their protection, and the time for doing so was en larged for Mr. Biddulph, in consequence of the state of his health. We could naascertain with any accuracy the aggregate of the debts proved in the course of the day, but among the proofs ad mitted were the following :-Sir George Musgrave and other:, as administrators of the goods and chattels of Mary Ann Musgrave, 439/. Os. 7d.; Sir E. Vavasour, in joint account with Mr. P. Mid. dleton, 231. 13s. 7d. ; Sir E. M. Vavasour, for the Lady Dowager Stourton, 1,6561. 14s. ; Sir P. Stourton, in joint account with Sir E. Vavasour, 1,0001.; the Hon. Charles Langdale. iu joint account with others, 1,0001.; the Hon. G. Ferningham, 4521. Is. Bd.; the Maas Lygan Mine Company, 4,5741. 18s. ; the Deep Level and lialking Mining Company, 651. Is. 10. ; the Wicklow Mining Company, 1781. 16s. 6d. ; Mr. R. Gren vine, 372/ ; the Earl of Surrey, with Mr. E Blount and others, as trustees, 7,368/. 3s. 7d. ; the Southampton Dock Company, 11.61. 9s. 10d.; the Earl of Shrewsbury, as executor of Lord Dor mer, 141. 9s. Id. ; Sir George Duckett and Alexander Henderson, as trustees for the present lesees of the Irish Fisheries, 1,258/. 19s. 1 Id. ; Mr. Peter M`Evoy, 61 0 /. 4s. 9d. ; Henry Francis Homes, 494/. Ss. 10.1.; the Right Itev. John Thomas Haynes, 391. Os. I Id. ; Dame Augusta Fitzgerald, 3691. Os. Sd. ; Mr. J. Ever ington, 747/. 9s. ; Sir Robert J. Edin, 6301. ; Mrs. Ann Dalian, 459/. 3s. ; Mrs. Terese Josephine Eyre, 847/. 4s 9d. ; Mr. 'l'. Clifton, 394!. 10s. 7d. ; the Hon. Anthony Richard Blake, 1581. Bs. ; Sir W. Jerningham, 173/. 17s. 6d. ; the General Filtration and Dye Extract Company, 46!. 85. 6cl. ; the Ref. (1 . H. Brewer, as executor of Mr. Pitt Cobbett, deceased, 2,7041. Is. 2d. ; Mrs. Elizabeth Curtis, 6661. 17s. Id. ; the Hon. Philip Stourton, 111. 14s. ; the Earl of Suffolk, as 'executor to the will of the Right lion. Lord Henry Thomas Howard, 360/. 6s. 7d. ; the Hon. W. 11. Petre, 85/. 17s. ; Lord Petre, for his wife, 91. 15i.; Lord Petre, 644!. Is. 4d. ; ills. Richard Avery, 97434 Os. 17A8,V 1. IQ4L POLICE IN.TELLIGENC... MANSIOIV-110 USE, LOSS OF THE DRYAD.—On the prisoners Patrick and Michael Wallace, being brought up for examina tion on this charge on Saturday, Sir Peter Laurie asked whether the counsel for the prosecution had any 'appli cation to make ?—Mr. Clarkson said that he had an ap plication to make with respect to the insurance effected on board the Lucy, to which he had alluded on the last day of examination ; but he should forbear to enter upon the subject until he should hear what the Magis trate was determined to do with the prisoners on the original charge. The counsel for the prosecution, he begged to say, were not able at present to bring for ward the evidence necessary to show that the offence committed by the prisoners amounted to a felony. If the Magistrate considered it to be his duty to commit under existing circumstances upon that charge, the counsel for the prosecution would not enter into the case of the Lucy. That the case of the Dryad was not perfect was not the fault of the prosecutors, who had done all they could to procure the necessary evidence. Sir PETER Lauate asked Mr. Charles Phillips whether he had any observations to snake ?—Mr. C. Phillips replied, that he had already said ail that he con sidered necessary. Sir PETER LAURIE confessed that this case had cost bins much anxiety. He had never witnessed any case in which great crimes had been committed in a more artful manner. He had carefully read over the deposi tions taken lately, and those taken by Mr. Hobler in the first instance, and he found that there was not a material fact omitted in the former which was to be observed in the latter, as far as the former had gone. There had.hnwever, been new evidence of an important kind brought for ward since the new investigation had been commenced. If he were to exercise his own judgment, be should re mand the prisoners over the next session, but as the subject had been noticed by a higher tribunal, it was his intcntioa to commit them ; and he did commit them, in the strongest confidence that the Judge who should read the depositions, and should learn that the Government of the country had sent for a witness to a most important fact, and that the whole of the com mercial community were deeply interested in the twit ter, would, without hesitation, postpone the trial. God knew he did not wish to add to the sufferings of the prisoners. He considered punishment to be inten• ded to deter others from the commission of crime merely. Great ingenuity had been exercised to deprive public bodies of large sums of money. The whole mercantile interest would be deeply indebted to the insurance companies for tin great zeal they had mani fested in prosecuting. As the sessions was to sit next week, he felt . no difficulty in committing the prisoners. Sir P. LAURIE then said—Now as to the Lucy ; are the counsel for the prosecution ready to make any state ment with regard to the vessel? I wish merely to hear so much evidence as will bear out the counsel in the statement on the last day of meeting, as to the in surances effected on that ship, that it may not be said the representation was made in order to excite a pre judice against the prisoners. Mr. Clarkson said that the prosecutors were able to go fully into the case of the Lucy. Sir P. LAURIE—Very well ; I shall be satisfied with hearing a witness or two to the leading facts. Mr. Clarkson then called— Mr. Johnson, of the house of Seldon and Johnson, ship-brokers. The witness stated that he effected an insurance for the sum of 9351. in the Indemnity In surance Company, on goods said to have been shipped on board a vessel called the Lucy, on the 17th of Oc tober last, for Michael Wallace. Patrick Wallace had nothing to do with that insurance. He produced a copy of the policy, by which it appeared that the goods stated to be on board consisted of earthenware, pork, beef', and other articles, insured on a voyage from Bris tol and Llanelly, to Valparaiso, in South America. He also produced a letter in the handwriting of Michael Wallace, directing the insurance to be effected, and a copy, or extract, of the bill of lading, from which it ap peared that the 'r,aster of the Lucy was Houston Wal lace, the brother of the prisoners. Witness considered Michael Wallace to the owner and treated with him as such. Mr. C. Phillips could not see what object the state ment just made could answer. It certainly was not cal culated to benefit the prisoner. Mr. Clarkson said his object was to show that he was borne out in what he stated before the Magistrate ex pressed his intention to commit for the charge r elative to the loss of the Dryad. Mr. Bodkin (also for the prosecution) said that he had a document from Glasgow on the subject, but as be had not evidence to prove it, he would not, of course, call it legal evidence. That document stated that a similar insurance had been effected in Glasgow ; that the amount was the same, and that the marks and numbers were the same. The certificate from the Light-office of the Custom-house of Bristol stated that the Lucy hail cleared in ballast for Llanelly on the 16th of October ; and the certificate from the Custom-house at Llanelly had stated that the Lucy had cleared that port on the 3d December with coals only, This was moral, but not legal evidence. Sir P. Ls.uatE expressed himself satisfied with the evidence, and committed the prisoners for trial in the case of the Dryad. Oa Wednesday application will be made to the Judge presiding in the Central Criminal Court for the post ponement of the tri.sl, on the ground of the unavoidable absence of a necessary witness. BOW-STREET. POST-OFFICE PHOSECUTION.—John Harrington, a young man of respectable appearance, was charged with stealing a 10!. note from a letter that had been entrusted to his care by virtue of his employment in the Post-office. Mr. Peacock attended to conduct the case on the part of the prosecution, and in support of it c Ailed the following witnesses : John Ivey stated that he resided at Farnham ; the prisoner was his son-in-law. In the month of Novem ber last the prisoner sent him a letter, enclosing a 101. Bank of England note, which he gave witness to assist him in the purchase of a horse and cart. Witness paid away the note to a Mr. Dance of Farnham. Mr. Nicholls, the postmaster of Farnham, stated that the note produced was sent to him by the Post office authorities, in order that be might trace it, and that on inquiry he traced it to Mr. Dance. Milliam Monk, of Lower Grosvenor-street, tailor, stated that Colonel Mills, of Brancepeth,near Durham, was a customer of his, and that he had reason to believe that, on the 31st of October, the Colonel posted a let ter enclosing a 101. Bank-note, directed to witness. The note produced witness believed to be the one so en- closed. W. Bowden, of the New North-road, stated that he was an inspector of letter-carriers in the employ of the General Post-office ; the prisoner was employed there as a letter-carrier in October last ; Lower Grosvenor street was in the prisoner's district ; the iettcr to Mr. Monk was in the prisoner's delivery, and in the usual course of business would have been given him to de liver. Matthew Peak, a constable in the employ of the Post-office, stated that he apprehended the prisoner on Friday night, in Bedford-street, Red Lion-square. He old him what the charge was against him. The pri soner said he was innocent, and did not know anything about it. Witness told him that the note had been traced to a Mr. hey, at Farnham, and asked him if he had any relation of that name living there. He ad mitted that he had, and said that he occasionally re witted him a few shillings, but denied that he had ever sent hint a 10/. note. Witness took him to the station house, and on the following morning to Bow-street. While at the latter place, prisoner told witness that when be took him into custody he was so agitated that he did not know what he said, but that he would now cell the truth. He then, after being again cautioned, said, that one evening he left his great coat hanging on a rack at the post-oflice, and that on getting home he found a quantity of loose paper in one of the pocketF, among which was a 10/. note, and that he afterwards forwarded that note to his father-in-law as above stated. The prisoner was remanded for a week. HENRY VINCENT THE CHARTIST.—Two persons named Cameron mid Minigan, entered into their recog nizances in 50/., that Henry Vincent, now in Oakham gaol, should keep the peace, and be of good behaviour for the next three years, A certificate of the bail hav ing been put in, was forwarded to the Home-office, and it was expected that the Secretary of State would send the prisoner's discharge to the gaoler by Saturday even ing's post. UiVION-11.4LL, ROBBERY AT A PRIZE FlGHT.—James Wilson and Joseph Payne, two wen dressed men belonging to the " smell mob," were brought before Mr. TRAILL, charged with hustling a farmer named Perry, at a prize fight near Newmarket, and robbing him of a cheque drawn on the Siffron Walden Bank for 401., besides 49/. in sovereigns and silver. Mr. Nehemiah Perry, stated that he was a farmer at Saffron Walden, in Essex, and that on Tuesday, the -27th of October, he went, accompanied oy a friend of the his, a medical man, to witness a prize fight at a place called Six Mile Bottom, near Newmarket. When they got on the ground, they pressed forward towards the ring, ing, with the intention of obtaining a good view of the fight, and when it concluded, there was a general rush, during which he (complainant) was tightly pinioned by the arms by a gang of well dre s sed men, who held him in that position until they turned all his pockets inside out, and robbed him of a cheque and money to the amount of 891. The robbery was effected in such a short space of time, and he was surrounded with such a number of persons, that in the confusion ho was un able to identify the parties who had committed the offence, but to the best of his belief Wilson was the man who held his arms while others robbed him, although he should be unwilling to swear positively now us to his identity. The complainant added, that the check for 401. was in his left hand breeches pocket, and that the 49/. in gold and silver was in the pocket on the opposite side. Mr. TRAILL— r .Vben you can't speak with any de gree of confidence as to the identity of Wilson ? Coin plainant—fit.: is very ;ike the man who held tn.. but 12e appears to be rather thinner in the Lee nor tuan at that period. It was here stated to the Magistrate that both the prisoners had just been liberated from Guildford, after three months imprisonment nod hard labour, for a , - tempting to coutalit a robbery up steirs in the bedroom of a publican in Biackfriars-road. Since their incarce ration, Wilson particularly had lost flesh. In answer to the Magistrate, the complainant Raid that he was perfectly sober when he was robbed, and that it took place about half-past twelve o'clock in the day. A cheque of 40/., drawn by a Mr. Newport on the Saffron Walden Bank, was here exhibited to the complainant, and he identified it as the out: of which he was robbed on the day in question. Mr. 'FRAILL—ad you attend the fight for the pur pose of betting on it ? Complainant replied in the ne gative, and said that he merely went over from his resi dence to witncss a pugilistic encounter between two prize-fighters. Mr. TRAILL asked him how be could have ventured to such a place with so large a sum in his posse.s;on ? Complainant—l thought that I was amongst gentlemen, for all the persons by whom I was surrounded, were as well, if rot better dressed than myself.—( Laughter.) Mr. TRAILL—That was no criterion tor you to judge of the respectability of the parties. You will, however, know better for the future. Complainant—l am sorry to say I have dearly bought experience. . • Thomas Brown stated that he was a surgeor, at Saffron Walden, and that he aceompanie..l Mr. Perry to the fight. When the fight was drawing to a close he (witness) pressed forward towards the ring, in advance, when he heard the complainant call out that be was robbed. He (witness) turned round as well us he could owing to the pressure on all sides, when he saw his friend endeavourint , to follow him as well as he could, every now and then exclaiming that he was robbed. There was such a rush of persons and such confusion at the time, that it was quite impossible fur any one to discover the parties who actually committed the robbery. He added, that when they afterwards got out of the crowd it was found that all the com• plainant's pockets were turned inside out, and the whole of his money gone. The witness added, that he was confident be had seen Wilson in the crowd at the fight, but at the same time, he should not like to swear to the fact. Policeman 134 L stated that on Wednesday, the 28th of October, he took the prisoner into custody at a public-house in the Blackfriars-road. They went into the public-house with two other men, and called for a private room to transact some private business, and were shown into the front room first floor. When the mas ter went down stairs two of the men immediately as cended to the landlord's bedroom, and were about to break open his money box when they were disturbed, and ran down and joined their companions. The gang then attempted to escape ; two of them effected their olject, and the prisoner and his companions were secured, after a struggle to get into the street. On examining Wilson on the spot, the check (produced) for 401. stolen from Mr. Perry at the fight on the previous day, was found in his possession ; and on the prisoners being taken before a Magistrate, they rem committed for three months to hard labour ; and in the meantime Mr. Perry was made acquainted with the discovery of his lost check. The policeman added, that on the previous day the sentence of imprisonment on the prisoners having expired, he watched at the gaol, and again took them into custody. The prisoners declared their innocence ; and, after some further evidence was gone into, Wilson was re manded, and Payne was adjudged to enter into his own recognizAnce in the sum of 50/. to appear at the next examination. THAMES POLICE. George Wakehma, a tall man, chief mate of the schooner Alligator, from Constantinople, who was not apprehended until four o'clock yesterday (Saturday) afternoon, was brought before Mr. Ballantine, charged with the wilful murder of William Sayo, an apprentice belonging to the vessel. James Stirling, the second mate of the vessel, who first applied to Mr. Ballantine, and stated that the boy had died from ill-usage he had received from the cap tain and mate, and John Cox. were examined at length, and from their statements it appeared that the Alli gator had been on a voyage from Liverpool to Con stantinople, and thence to London. The deceased lad was ill-used on the outward voyage, which induced him to desert the ship at Constantinople the morning after she arrived there, and before the hands were turned up. He was ashore a month, and was part of the time in the hospital and part of the time roaming about the streets of Constantinople. He was brought on board by the port-master the day the ship sailed, and was then labouring under illness arising from tumours and sores in his legs, and was in a very filthy state. He was not allowed to sleep or take his meals in the fore castle, but was thrust into the long-boat on deck, and a blanket only allowed to cover him. He was compelled to take his regular watches and perform the usual duty, and the captain and mate gave orders to another boy always to rouse him up by striking the tarpaulin over the boat, and to beat him with a rope's-end and hand spikes if he did not get up, and one day he came out with a severe black eye, caused by a blow he received. In the Channel, the boy suffered so dreadfully from the • cold that he was put into the forecastle ; but the men complaining of his filthy condition, and that the effluvium front his person was very nauseous, he was forced into a coal.hole in the run of the ship. Here he remained se. veral days while the ship was performing quarantine in Stangate Creek, and, although a medical officer came On board daily, the captain and In rte iovariabiy reported all well. One day the lad was on the wea ther side of the deck, and the prisoner drove hint to the lee-side, and threw a bucket of water over him, and said he ought to have as much more thrown over him. On Thursday the 21st, Stirling found the lad in his berth quite naked, and in a dying state. The clothes had been taken off the boy by the captain's orders, and given to the cook to be washed. At 5 p.m. the captain was told the lad was dying, and that something ought to be done for him. He was then taken into the cabin, and died in about an hour and a half afterwards. The witnesses attributed the lad's death to ill usage, neglect, and exposure to the cold, particularly during the frosty weather, when the ship was in Stangate Creek, where he was compAed to walk on deck all day, without sufficient cavering to shield him from the inclemency of the weather. He had been compelled to work when he was in a very 'bad state, and not the least care was taken of him. Stirling mentioned that the lad suffered dreadfully front being forced among the wet coals. The prisoner, in defence, said the deceased was not ill used by hint, but he was very dirty and offensive, and was forced out of the forecastle by the men. S:irling was one of the first to drive him out. The crew had a great objection to the lad, on account of his offensive condition, and treated him badly., front a supposition that an outrage had been committed upon him by the Turks at Constantinople. Mr. BALLANTINE said it was the duty of the pri soner, as chief mate, to protect a boy who appeared to be quite helpless from the ill-humour of the men. The prisoner declared he was not aware that the boy was in the coal-hole, and that he only flung a small quantity of water over the lad. Mr. BALLANTINE said the deceased had been dreae fully ill-used, and the case must be further investigated. Any other personS implicated in the harsh usage of the lad must be taken into custody. He remanded the prisoner until Thursday. Valentine and Fox proceeded immediately afterwards to the residence of Captain Cook, the master of the Alligator, to take him into custody. PURLOINING A CHURCH-RATE BOOK. The parish officers of St. Chad's, in this town, for the present and past years, assembled yesterday in the vestry, to sign a " declaration," in the nature of as oath, that they had not purloined the Church-rate book, nor did they know who had stolen it, nor where it was. W. Stokes, Esq., was voted to the Chair. The Mayor attended to take the " decla rations." After considerable debate the officers nroceeded to sign the declaration, with the excep tion of two, who said they would not sign it till a similar oath was taken by the inferior servants of the parish. Whilst a duplicate of the oath was being written for this purpose, Mr. Jobson proceeded to the residence of the late senior warden, who was unable to attend, and having ascertained that he did not object to sign the declaration, Mr. Jobson and Mr. Blakethoro attached their signatures : the other dissentient did not sign it. The meeting then broke up, their proceedings being ordered to be laid before the Committee of Church Trustees, to guide them in their future investigations in this extraordinary transaction. Wu purposely ab stained from stating a single word of the painful dis closures and recriminations that have arisen since we first gave publicity to the fact, that the Church-rate Book of this extensive parish had been stolen, and all arrears of rates thereby cancelled :—and our motive was, to put no impediment in the way of the Book being returned, and the honest and respectable part of the parish thereby saved the infliction of paying a church rate three or four times oven—Shrewsbury Chro nicle. WAGES OF MEMBERS OF PARLIAMENT.- It appears that the custom of boroughs maintaining their Representatives in Parliament had not ceased in the early portion of Lot century. Hall, whose collections were brought down to about 1739, speaking of 11e1- stone sa:s, " This place and others in Cornwall, are not able to maintain their burgesses in London during the S,s sions at their own proper costs and charges (as of old was accustomed) in any tolerable post or grandeur; but have found that profitable expedient (as many others) of making country gentlemen free of their town, who bear the bur den and heat of the day for the honour of their cor porations, distress their paternal estates to exalt the reputation and perpetuate the privileges of a petty so ciety, made up of mechanics, tradesmen, and inferior practioners of the law." The same author states that " Padstow, Lelent, and Marazion, formerly sent Members to Parliament. but were excused upon their petition on the score of poverty," MOitN I itqG ED [PION [.7,N VERSITY INT.L;LLIGENCS CAMBRIDGE, JAN. a.— On S'...turdav Ge Igo Ga• briel Stokes, B. A., of Pembroke College, the S.-r.ior Wrangler of this year, was elected a Foundaticn Fellow of that Society. SMITH'S Pains —The Examiners yesterday evening; adjudged the first prize to Ds. Stokes. of Pembroke Col: lege, Senior Wrangler; and the second to Ds. Jones, et Trinity College, the Second Wrangler. The Rev. Dr. Graham, Vice- Chancellor and Mssfer of Christ's College, in this University, has been appoint ed Chaplain to his Royal H:gliness Prince Alher t.— " appointoa following gentlemen have likewise been Chaplains to his Royal Highness :—Rev. Lord Wrioth esley Russell, Rev. Aichdeacon Wilberforce, an d the Rev. Dr. Richardson, Rector of Exeter College, Oxford. The Norrisian Prize for this scar was on Monday last adjudged to the Rev. Daniel Augustus Beaufort , 8.A., of Jesus College, for an essay on the following subject " Both in the Old and New Testament, eveilasting life offered to mankind, only through Christ. On Monday last the Rev. W. P. Musgrave, M. Chaplain of Trinity College, in this University, was col• lilted by the '.ord Bishop of Hereford to the rectory of Eaton-Bishop, in the same eminty and diocese.—An d on Tuesday last, the Rey. Fred. Cuatauce, M. A., lat e if . cumbnit of Ripponden, Yorkshire, was collated by the Lord Bishop of Hereford to the rectory of Colwally also in the same county and diocese. On Thursday week the Rev. George Henry Clarke Bidwell, B. A., of Clare Hall, in this University, Web s:ituted to the Rectory of Blessingliatn, Norfolk, on ti'e prirental 0 i of L:onard Slelford Bidwell, Esq. 0( 'Fne:ford. The Rev. Jahn P. Greenly, of St. Peter's College, this University, has been presented, by W. R. A. V. Long Wellesley, Esq . of Seagry House, Wilts (not novt rosiding at Brussels), to the united rectories of Wok s : ton and Athelhanistead, Dorset, void by the death of "" Rev. G. H. Lane,don. The Rev. Wiltiam Adams, M.A., of Queen's Colleg e ' in this University, and Curate of Newton Bromsaa, Northamptonshire, ht.& en instituted to the Rectory °' Throcking, lierts—Patron, Rev. W. Adams. THE MARKETS-SATURDAY. NEWGATE AND LEADENHALL. There were but a moderate supply, with a great dotal' d t prices was fully supported. Be e f, 3s. Bd. to 4s. 10d. ton, 3s. to 4s. ; Veal, 4s. to ss. Bd., and Pork, 3s. 6 d. to ski• Game and Poultry was in good s upply ; th e demand, it" and prices, n.uch the sam e as l as t quo t e d. WHITECI - LkPEL MEAT MARKET. The market was well supplied, and a g oo d d eman d has P r 7 vailed. Beef, 2s 8d to 4s 4d ; Mutton, 23 4d to 4s 2d; 3s 10d to 5s 8d; Pork, 3s 4d to ss. TEA MARKET. There was but a moderate amount of business done in C?.,1 1 ; pqny's Congou ; no sellers, however, under is 5d cash. Free Trade Market was flat, and prices inclined to give way' TALLOW A, Prices were firm for P. Y. C and a good demand prevailed. were on a more extended scale al RKE T. 'audles on the spot at 465,.61 For delivery the operanoto t 465. 3d. piir cwt. COUNTRY CORN MARKETS. ' Wheat. Barley. Oats. Bean.. Per Quatter 9. to s. s. to s. s. to s. s. to Q. s. 471 Abing.lon . 51 65 30 40 20 34 14 52 44 Andover M 62 32 41 '.6 31 I Banbury 52 64 23 31 21 29 49 Basi gstoke 55 16 27 33 26 :it 43 52 42 Cirenc-ster 56 65 34 26 59 32 10 42 Coventry — 61 33 24 33 37 40 I)aventry Derby Howclen 72 24 40 42 40 Hungerford 54 63 32 55 25 33 44 52 3 9 Maltoa Mal!..enheail 51 75 35 10 25 34 43 56 42 Nottingham 51 67 26 36 _4 22 47 50 Wastage tii l=o 34 40 26 32 36 46 Warwick Winchester -- 70 I 36 29 43 se. York 6O 32 46 29 34 Of Per Bushel 5, (I. 8. (1. 5, Ls. 0. s.d. s. 0.! s. d, s. d .. 7 0 Birmingham 6:8 80 1 3 9 53 40 40 1 5 6 6d 6 6 EDINBURUII CORN MARKET. . 444 0. Wheat, I Barley. Oat.. r , ald. ed. First 6.ls. Vtl. I 33. 92. 2=s. SA. 4. s. Od. 4 • S.nont , 1111 I III SO2S 0 38 v 38 40 0 B, n at d. s. d, Ed 4 0 4 0 56 6 N [IN MARKET. Oat.. I. air. 4 2=s. SA. 4. e. Od. 25 U :1 , 4 23 0 34 0 • -) 1 It s. )VISIONS FreA Butter, 11.4. F. WA. (0 P'. .1 0 11 ,1 • Ditto, per wa t.... 96 0 1,7 ti Eggs, per doz.., 0 0 ; 6 Oat Straw 7 0 ; , " ti Wheat. Ditto .« t; 0 6 Barley Ditto 5 0 " I o Hay, per 0 0 S. d. S. d. IS. (1. S. d. 6'9 80 1 3 9 s:s EDINBURUII CO Witeat. Burley. First Pd. 1 33i 9,1. S:cont , , Third Average price of Wheat, PRICES OP PRI lteef, per tu. O. 5(1. to Os. Si., utton 5 0 8 Voss 0 8 1 0 Pont (1 5 0 7 Lamp, per qr. 1 ti 4 0 0 42 0 29...atern Loaf o 8! 0 9 potatoes, 111 b. -- 0 4 0 0 c d. 6 6 ? 0 Enrs Nu 11.(; 11 MEAL MARKET. Per Sack of2Bolb. lin p. Ver itau, kit 141 U. lir , l'n, ~ 0 . First Oatmeal ..... i 11 Secondditto .. )lirleyineal. ........... ...... I 8 1) 8ai1evrica1..............-- ( C ; i 3 Peasen.eal Pot Barley from 30s. to 50s. per sack. CORNWALL MARKETS. ilculated at 24 gallons to the bushel.) (Calculated at 24 gallons to tlwl.---)el.) • Wlici; —I. Barley. L.... .2. , 1 ". •-•": 44. d. to r. d. S. d. t• a. d. : 4. d• t '' - 2 6 fruto.~.. liclbt4.4ne St. Austell 0 7 5 0 3 6 ,i t' 114441nn ',..iskeard C 6 7 6 3 0 3 6 0 ;, 0 I.:11111(1. S NMI .... Calm] lord 6 8 7 8 3 6 4 t ; 2 4 s 0 Pell idIICP 6 6 7 4 4 0 4 4 2 4 EXTRAORDINARY MISTAKE IN THE A n ?. POINTMENT OY THE ESEX QUARTER SEssto . : 43,- 1 Friday the Middlesex Ses , ions, which had been apro'nto to be hoiden on Monday next, at the Sessions boo Clerkenwell, were countermanded, in consequence Ot t- 1, discovery being tuale that a session cannot be o'l4l ginated during term, when, as this is the last day 0 ' term, all trials which were aointed to be heard on tbst day would have been invalid. p An order was therefo re ' issued by the Chairman, that the sessions should commen t the next day ('Fat ), and notices were accord ing '' directed to be issued to the Sheriffs, the various stipendarit Magistrates within the district of the county, &c. , to tha t ' effect. Not only great inconvenience but great pecuolahr", lo .s will be suffered by all parties required to atte nd at a sessions. Thus, fresh summonses will have to be lo°° by the Sheriffs for the information of the Jurors; trates must cotninunicato to the various superintendc ets- c , pace, who will have to send to prosecutors, witnes ses, c At these sessions it is known also, that oftentintr.,, parochial appeals, appellants, &c., have to come fr om 1°," ! distances in the country ; hence a very considerablecai, create of expenditure will fall upon them, while an by tional expense will be incurred by the county. S, LI F, '0 circumstance, it is said, has not occurred before , and rather remaikable, that in the application to ParliaaC, for a Bill (notice of which was given on the 31st of N ei l ber last) " for breaking up the establishment of the r is Prison, Clerkenwell," one of the provisions sought "to empower the justices of the peace to continenc e sions during term." o9 We have been horrified by hearing of the f eCo extensive mortality we ever rem( mber to have known yi eating noxious food, that occurred within the last fev r ,ht near Pantura. It appears that two turtles were cs'a'ria and brought to the bazaar, where they were cut up vi sa sold; and that every individual who ate part of th em . of seized in about 24 hours with a species of chol er '', 33 which it has been ascertained beyond a doubt at l ess 'a , persons (men, women, and children), died, and twat wards of 40 more are dangerously unwell.—East In Telegraph. taTHE MURDER IN THE RUE ST. H 0 1401 1 '" 0 , 'lnc water carrier who was taken into custody for th e • sault on the two diligence porters, is named Tiii, iere ;so Savoyard. He voluntarily surrendered himself an d b r ae the name of the man who actually committed the 113(1 . - 1 0 11 ns Roussi, another water carrier. The latter was t t - tho i into custody next morning as he was filling his pails v* fountain in the Carrefour Gaill o n, and was shut up - b us time iii the guardhouse of the Pointe Saint Eustacile;pre• when the police officers came to conduct him to the, :oh fecture he was found q u it e d ea d, h av i ng hung himse l fI his handkerchief to the window bars SILVER TEA SERVICES.-A. B. SA NTu r bA and SONS, Manuf a ct ur i ng Sil versm i t h s , N o . 14, C'''',/tbe Landon, opposite the Ilank o f E ng l an d. s ub m it the price s ( 1111 following SILVER TEA and COFFEE SERVICE`* a and Cottage Pattern is plain, standing on shell feet, the tfoig't coffee-pots with a flower ornament on the lids. Th! h ha fe R , ittern is richly embossed with flowers and scrolls. u e of either is . new and elegant 1— CoiTAGE PATTEItN. 3. # Strong Silver Tea- p0t.....1 11 0 StrongllsilvGe‘: vt Te 'T ai T ro: .... ▪ J CL !: Ditto Sugar Basin 616 Ditto Sugarßisin Ditto Milk Ewer. 410 Ditto Creamr•We r o Ditto Coffee-pot. 15 0 Ditto Coffee-pot.;o/0 • Complete £:.IS 6 Complete .......... . P° A variety of upwardiof fifty Tea and Coffee Seroic e f rt icle be seen in the Show-rooms, where rosy be selected every °vett of Silver requisite for the sideboard or plate •chest. yx'l'l rats of prices, illustrated with sketches of the various article s 'A, and forwarded postage tree to any part of the kingdon• d oili. ° Savory and Sons, 14, Curnitill, London, opposite the England. PLATE SUITED FOR PRESENTAT I° ;▪ P I I Committees or private individuals requirini.; splendid t articles of PLATE f u r F reseniat:on, may, by add er , s ,i, paid letter as under, have chavviiigs sent for their arlif ° " - a to is desirable letters should state about the hum intende expended. T. COX SAVORY, aP rile Silversmith, &e. , 47, Cornl•ill ( Seven doors from Gra ce f Lmoorr. leo ° N.B. A Pamphlet, vmtaining a detailed list of the ld'rgott Plate, Plated Goods, Watches, Clocks, may be s rf li u- will be forwarded, post free, in answer to a post - p o " cation. • PAPIER MACHE TEA TRAYS, 60s• t 1 1: 0 0 ° of FULL sIZED GOTHIC SHAPE. Superior '1.0.01. Table Knives, with ivory handles, 14s. per dozes 'r foot Poles for Window Curtains, diameter i s . 3cl• Pe 9i . - 2 inches, Is. td. per foot ; bronzed tenders, 4 feet lone, tire Catalogues gratis, containing the prices of stover, f ends irons, kitchen utensils, and every article in furnishi r 'a mougßlPery. PON and BURTON, Wells•strect, Oxford-stredt:oo Established 1820. or _ BIRTHS. 711y og On the 231 ult., Mrs. Henry West, Loughboroub f • North rixtonsth, of a son. Cisc l4l ° On th ß e 2 ult., at Argyll-place, M. HealClY~ti, cr daughter, stil b l o. Jse On the 27th ult. rn , Mrs. Hull Terrell, St. Ge r°lil'ri , Blackheath, of a daughter. MARRIED. On the 27th ult., at Trinity Church, J. 13r4141 : eldest son of the Accountant-General of her AlajotY of 13e to Arnelir, eldest daughter of Luke Hopkinson, lA' ford-row DIED. i Jr. On the 25th ult., at Aylesbury, Rebecca , wife ' .O . ~ , ir6' Hatten, aged 42. 0 3. On the 25th ult., at Hampton Wick, I,llidillesex ridge, widow, aged 7L _____ - - o f ..........,...............,....rf,T , ......r...,,,,,,,..me........ryr. •—,,--- vpi Li: 0 London : Printed and Publ4hed by AIHRDO k r u ctra na .. No. 112, Strand, at T .S'q he n Offici., No. I I l'';s4,l. '1 ' / the county of Nraldle3ex ..--111ondly, Ft:Wuary VI ' 2 , , t t ,"`te 1 4 1 t end to r :a 4 l( t't to, es oQ e e the ~~~ ~.