The Sun. — London, England, 1819-10-21 00:00:00

RIS PAPERS. PARts, OCT. l7.—Yrsterday a solemn funeral service was celebrated at the respective chnrettes, the day being the Antritersary of the Death of Queen . Maria Antoinette. The theatres were all shut. All the Ministers, with the excentiou of INlarstral - Gotivion'St. Cyr; atteudeti the King at mass. The Coutt -goes iteo mouruing on Tuesday next, for two months, on acernint of the dvath of Enimantrel IV., Icing of Sardinia, brother of Vic tor Emmanuel, of Savny, the reigning Monarch. The 'Duchess the Berry will soon be enabled to leave her chamber ; Mademoiselle continues to enjoy the best healih. The accounts from Germany all agree in stat ing, that the Resolutions of the Diet of Frankfort meet with the strongest resistanee in public opi nion, and that the best informed perions consider Oeir strict execution as dangerous or impracti cable. Lctters from Berlin of the 4th inst. state, that the Prgsian Government haw ordered lie arrest of riofessor Gvcrres, a celrlnmed publicist, Au thor of the work, entitled, " Germany and Revo lution." Orderi were issued to convey him to fortress, but AI. Guerres has taken refuge at Frank fort, the Senate of which City it is hoped will, in his case, display a little wore energy than with regard to Colonel NitiNsentiftch. lVe have ascertained, dist tip to two o'clock yesterday !be Princess of Wales had not arrived at Paris, nor is it known where her Roviil I-Ugli ness will take up her resitlenee.—(Jourlial de Paris ) A letter from Madrid, dated the sth inst., states, :that the greatest disquietude I: revailed in that capital, and that the melancholy news from An dalusia hail suspended all c"mn,ercial operations In the Convent of the Capuchins, at Cadiz, all the Teligieux, with the exception of the Prior, had fallen victims to the contagion. It was not known whether the Queen would continue her journey to Aladrid. or stop for some time at Burgos. The King gave s priv,te audience yesterday to Marshal tLe Duke of Ragusa. A fire, %%lila broke out on Friday at the Mesta series Royales, has destroyed property to a very considerable amount. Two firemen died yesterday morning of the injuries they received in elides vouriog to extinguish it ; another, it is feared. perished in she Astute; a soldier of the loyal Guard was ‘sotinded., sod the life of another indi tidos! is its danger. • FRANKFORT, OCT 9.—According to the projtt of the Military Commission, communicated to the German Governments, I liefe are to he three fortresses of the confederation of the first rank, siz :—Mayenee, Luxernhonrg and Ulm; and five of the second rank, viz. 141Ildiltl, Sarrelouis, Hom burg, near Deux Punta, tierntertheim and ass tacit. STRASBURG, OCT. 12.—Professor Goerres Its* arrived here, and several other literary melt of mmny are expected. Vit.:NNA, OCT. 4.—There is a talk of prelimi. nary conferences being to tike place here between seine of the German Ministers, previous to the opening ‘bf the Congress, which is not to take plate till towards the end of November. CHESHIRE QtTArri ER SESSIONS. KNUTSFORD, Tur.st,Av, (tic r. 19. This morning the Set,sions coutm► 'iced before Sir J , !ux STANLEY not a Bench of 'Alagistrates.— The Court was opened at 1 I o'clock, and the Grand Jury were called over, as follows :-- John Barrett, William Walker, James Garner, James Grange, James Graves, Samuel Rowe, John Newton, Peter Gratrix, John Bratt, William Gariiitle, Joseph Turner, Jo shua Andrew, John Burchiueli, Samuel Hardin;, Thomas Yarwood, William Holland, Thomas Itolshaw, William Hitch ing, John Metier, Christopher Bennett, Jonathan Yowicr, John Sumner, Ste Joi n s STANLRY then chan:c(l the Granel' 3nrv, and first called their attention to scveral Acts of Parliament which had been passed last Scipio') relative particularly to this county. He first alluded to the Act passed respecting the Set. Clement of tie Poor, and severally touched upon the Acts regulating Cotton Mills, Vestries, and the laws to facilitate the trial of felonies con►- mitted on stage coaches, and for the better car• of pauper lunatics. To those Acts he wished to draw the peculiar attention of the Grand Jury, that they might be promulgated thronghout the country. It was, be said, sometimes, a very ntee fill practice, fot Chairmen in their climg.es to the Jury, to give •rlvice, or to make observations s• hich applied to the conduct of the Grand Jury as individuals. At present tie should confine him self to a sew remarks upon their characters as Grand Jurymen. Whatever agitation there might be out of doors, and in the neighbourhood or this county, in a Court of Justice all should be con ducted with calmness. Every italividual ahnelci be judged wi!h impartiality, .sad according to the evidence adduced against Lim. Without any refe rence to party, let every man come into au Eng lish Court of Justice, sure that he would find re dress and protection. Ile begged to remark, that some bills might he brought before the timid Jury for what was called a conspiracy. He wish ed to tell theta the law upon ibis subject, via.— that one man alone could not he found guilty of this crime. It must be proved that at least two persons were so counected tozether as to be guilty Of the offence. lie concluded with congratiiiii in! the Jut y, and the country, of one beneficial effect of the severity of this Court in the punish ment of fowl-stealing. He was happy to find, that in consequence of the minsples which had been made of those convicted of that offence, there Was not a single instance of fowl-stealing in the Calendar. The Grand Jury then withdrew to conoider the several Bills presented to them. The calendar of the present Sessions is not re markably There arc 41 caies of mistletoes now, and of felony ; among the cases of mid demeanour are on, or two which arc worthy of &mire. John Swan, who was • short time in confine tni'llt„ is charged in the aalen c i e r. with a cumspi. ratty. lie is a hatter, residing at Stockport, and Lila particular chark, , t against him is, for having, nu the 31stiniy list at Macclesfield, conspired Apt egaibiocd with others to disturb the public peace, and to tradoce anal the Honsc of Commons and the Govelnment, an►i to excite di.- content., I lisiffectiQn, and sedition in the minds of the King's liege subjects, with 400 more unlaw fully assembled to disturb the peace, and by sedi tious speeches to excite the contempt of his Majesty's subjects for the Government of this country. The three following are also charger) with the same offence—John Berteshaiv, aged 66, cotton spinner, from Port Wood ; John 38. a cotton-spinner, of Macclesfield ; and John Stubbs, aged 34, a cotton-spinner, of the same pidce.. In consequence,of Sir - Charles Wolseley having removed his trial to Chester, so much interest is not excited at these sessions. The case of Mr. Harrison still remains, and may be beard. The whole Or this day was taken up with hear ing pauper appeals. Mr. Ashworth was present, and was engaged in almost every appeal. Mr. Williams was principally engaged on the othrr side, and in consequence of the interruption of 'Mr. Ashworth on several occasions, Mr. IVilliams w.s conipelled to remind his antagonist, that he wai not uow argitirog on a Coronet's Inquest, and that these proceedings would not, like that, lisp tor ever. It is expected that something will occur to morrow respecting the indictments for sedition agai►►st the indivictuala mentioned. Sir Charles IVolseley was in Court during the greater part of the day. The Grand Jury have just returned true bills against Joseph Swap, Richards, and others, for a conspiracy. A trot: bill has also been found against the Rev. Joshua King for a conspirAcy, with others un known, in laying poison to kill cattle, to the in jury of the King's subjects. LAW INTELLIGENCE. COURT OF KING'S BENCH. OCT. 20. London .Idjtntrned Sittings after Trinity 7encrt, before the Chief Justice and Special Juries. LIBEL.—HOttIa v. BENTINFCX. • [Further Partieulars.l Mr. SCARLRTT stated the case to the Jury in an elaborate speech. He stated, that he represented an individu a l wh o h a d, by t h e R eport o f a Court of Inquiry, of.which the defendant (Lord F. Ben thick) was President, lost that fortune and einnli tints in snciety which he felt himself entitled to hold, from his character and long military see. vices under the greatest Commander of the age, throughout the Peninsular campaigns, and finally at the memorable battle of Iliaterloo. The Learned Counsel proceeded to state, that Lieut.-Colonel H o m e w a s the •on of an eminent Professor in the College of Edinburgh —he hail been fifteen years in the military sersice of his country, and had the honour, at the last eventtul battle in which lie 'was engaged, of being entrusted with the defence of the celebrated post of . Huugumont. It had been the misfortune of this Gentleman to have entered into ri speculation in the year 1814 with a !piping Company at IVoreetter. Their capital was 18,0001.. and he to-k a ninth share, for which he paid 20001., a sum that was represented to him es necessary to complete the undertaking. A further sum of 11001. was subsequently demanded for con tingencies; hot the plaintiff, upon his resins to this country, after the battle of Waterloo, heard, for the first time, that the affairs of the mining concern were not going on as he was led to expect, and he naturally felt a desire to extricate himself from the partnership. He first offered to transfer his share to his brother, be then made a variety of efforts to disengage himself from the connection in which be found he wis involved, by every Open means that could be resorted to in a partnership concern, but they were all in vain. He was advised to ac cept, in the name of the Company, bills drawn by his brother, who had !ent him the money to invest in the concern. He did so to the amount of 1850/., and the draft being refused payment by the mana gers of the business, an action was brought there on, which was tried before Lord Ellenburough in June, 1817. In the defence to that action, on the part of the managing partners, a deed of part nership wits produced, which had been entered into before he j.4ined them, and, had not been shown to him ; and one of the covenants of that deed being., that bills on account of the Company should be drawn and endorsed by one of the partners, named Salisbury, and by him only, Lord Ellenhorotigh held Coloicel Home to be bound by that covenant, and-a verdict was therefore given for the defendants. It being represented, how. tier, to Colonel Home, that his Lordship's opi nion was grounded on a supposition of his know lug stud having acceded to that covenant, and being advised to draw fresh bills, the former hav ing been destrnyesi, he did so; but never put thew into circulation. 'The managing partners filed a bill against him, and' obtained au Injunction to restrain Lint from issuing guy more bills. The In innitis.ni 'wise carried down to 'Windsor, where Colonel. Home, being ill, desired a Quarter Master . - in nit regtmeneto receive it, and transmit it to his Solicitor. The pertuara caused placards to ,e posted in the places frequented by the Officers of the regiMent, charging Col. Home with having bean gnilty of fraud, which, coming to the ears of hii Itoyal Higlivass the Duke of Gloucester, Co lout!' of the regiment, a Court of Inquiry was instituted, of Which the defendant was President, and for hie report of the proceedings, which the Learned Counsel contended be" was not warrant ed in framing is he bad clone, this action was brought. ' The Learned Counsel then stated, that when the plaintiff was `informed by his servant' that some person wished to see hint respecting a process of he was lying` ill opon his couch, and gave directions that the messenger should cotumueicate with a third person, who was sp., pointed for the purpose. This act leas considered by the Court of Inquiry as an evasion of legal process, and decides upon accordingly. The Court of Inquiry had come 'ton decision mower.: ranted, as be was instructed, by the facts of the case. They haft reported in tennis which unjustly: reflected upon the pleittliff's character, and it Was , to-assert that character an d to recover' damages . (so tar es damages conitlbe a compensation) that the prestut action was brotiglit . bY the against the President of the Court of inquiry, foirj the Wiley which that Report occasioned. A llCEletia !call question arose, from the mr:re meiltibn of the name of a Court of I , :qoiry, a menu un knoWit iu IsW—Courts hlarti4l %tete intelligi ble terms—they formed parts of that particular code which was known by the name e,t " The Belligerent Rights of the Sovereign:' These rights were known and defined in a time of war, when they bad their utntost extent .; but, in a time of peace, the Mutiny Act, which was an nually passed, was the only law that regulated military proceedings, and that•act made no allu sion to Courts of Inquiry. It was true, that any set of Gentlemen, whether Military or civil, might voluntarily meet to make any inquiry they thought proper—but then they must take care, at their peril, bow they impugn the characters of others without time strongest and the justest cause. The CHIEF JusTlCE—Must you not prove malice in a case of this kind, when you impugn the Re port to which you allude ? Mr. Soaitt.Nrr replied, that malice must be in ferred from the terms in which that Report was couched ; but he was willing that the Jury should judge from the whole facts of the case. All his client wanted, was a justification - upon the merits, and he would therefore proceed and lay them be foie the Court. Lieut.-General Sir Henry Torrcns was then called, and examined as follows t - --• Q. Do you know the plaintiff in this cause; I mean, do you know his rank ?—A. I do ; he is a Lieutenant-Colonel in the army, and a Captain in the 3d Regiment of Guard,. Q. Have you, the otiginal papers or proceed inks of a Court of Inquiry held upon him ?—A. have. Q. Produce them, and state bovT you became possesse►l of them Here they are; they were, I believe, personally preseu►ed by the President to his Ruyal Highness the Commander-iu.Chief, n from whom I had them ofOcially as Military Sc- cretary. The ATTORNEY-GENBRAL objected to their pro duction on the ground that they were Otlickl do cuments which were confidently entrusted to Sir Turrens, in his situation as Military Secretary, He said that it was decided in the case of Cover ' nor Maxwell, in which his Learned Friend (Ur. Scarlett) was engaged, that the instructions or do.' entnents entrusted to an Officer in the discharge of his official duty, ought not to be produced.— It was a case in which a party was prosecuted for .an infringement of the regulations respectiug the Slave Trade. Mr. SCARLETT, in reply, insisted that the case bore no analogy to this. Here original docu ments partaking of a judicial character, were cal led for—in the case all u d e d to, private iustructiollS were demanded. The ATT6 . INRY•GRNIIIAL, in reply, contended that on grounds of public policy, flurumsurs of this description ought to be held confidential and secret. The CHU! JUSTICR admitted the validity of the objection. He said that it was as competent for the Crown as for an individtial to deleeive a particular inquiry to confidential persons, and he never knew an instance in which a Court of Jus tice admitted the documents of such persons to be received as evidence, whan any objection was legally made to their production. H. took it fur granted that Sir Henry Torrens had produced the private papers of his Office, and that the legal ar gument arose on their being read. His decision was that they ought not, and for the purpos,e of reserving that point for the better decision of the twelve Judges, he would reserve it in any manner which the Learned C o u n s e l f or t h e Plaintiff wished. A verdict for the defendant was then agreed to.; and it was arranged that 'the legal objection which stopped the case should be reserved for the •Opi. pion of the Judges in the form of a Bill of Lx ceptions. Mr. I3RCKBTT, the Judge / Advocate, sat next f the Solicifor-General while this cause was before the Court. Tllllsl , Ale.—FlNcil V. THOMA 9. This well an action brought by the Plaintiff, a wine -merchant, residing in Cooper's-row, Tuwer hill, against the defendant, his next door neigh bour, to recover a compensation in damages for a trespass in entering his dwdling•house, and dis turbing the peace of his servanis. It appeared that the defendant het! been the means of discounting a bill for the plaintiff, and being desirous of seeing him, bad gone twice to his country house at Stratford, where he was told Mr. Finch was in town. Ou his return home, after ten o'clock at night, on the sth of Msty last, he knocked loudly at the plaintiff's dour. He was told by the maid servant trout the win dow, that Mr. Finch was not at home. tic said if the door was hot opened, be would knock till nine o'clock next mot ning. John Kirby, the ap. prentice boy, then went down, and Mr. Thema* rushed into the hall. He then drew u chair, and sitting down, said he should not stir until ha saw the plaintiff. The boy said his master was not in the house, and he offered Mr. Thomas a candle, to look in every room for him. This did not sa tisfy : he said the plaintiff was a base vill a i n , an d he would:see hint. The defendant having taken his seat, asked the boy to fetch his gown end night cap. The boy, willing to oblige, well to Mr. Thomas's house and returned with the cap and gown. The defendant, holding the aqui door in his hand, received the- gown and cop, and instantly shut it, leaving the boy in the street. The lad remained two hoot., talking with the watchman, and upon knocking loudly was admitted. Mr. Thomas remained at his post till nine in the morning, when he left the house, saying he should renew Lis visit the a t one evenin g , Mr. SCARLRTT, for the defendant, said, any bankrupt, if he happened to have ati envy cre ditor who had refused to quit his house, might bring an action of trespass ; but no mart could say this was a case for 4,1/Magee. The CHIEF JuSTICE observed, that the defen dant bad committed a tresspaso, and the question %vas, %chat damages ought to be given. A cre ditor (night go by law to the bows of his debtor at a proper hour, eta 010 p 6 reasonable tilts*, but no man was justified in action as the defendant had done. Driving the servant out of the house at a late hour, was nut toodust t . b.a ) ahr would justify. The Jury, after some deliberation, found a ver dict fur Ott pialLlol--PaalOpl, Of. I'ULICE INTELLIGENCE. MANSION-HOUSE. ATTEMPT TO Pi , rsoN.—Yesterday, a young woman of very deceit' appearance, was brought tiP by a parish officer for an order of retmoval. fore she appeared at the Mansiou-liouse site hid been seized with . strong convulsions, in copse" quence of an attempt made by herself to take swill tier life by poison. The officer said be found her seemingly in the agonies o f d eat h , on t h e si eps , a hall-door in Shoieditch, surtounded by a num' ' ber of persons, who had sent for him, that lie might make some inquiry into her deplorable case' She was taken by the officer to the watch-bouse° where sic remained for a considerable tune in 4 dreadful state of torture. Two surgeons immedi' lately attended her, and soon ascertained that sile had swallowed poison. A powerful emetic wag ad' ministered, and a portion of the poison was by tha t means taken from her stomach, or death muse inevitably ensued. This circumstance occurred 00 Saturday, and on Monday the unforunate girl was able to give an account of hersell. She stated to the officer that 3be had gained a settle' meta in a parish in which her father, . who held• respectable kituation at the East India House, 1 4 7 sided, That father, she said, had refused to rend der her assistance in any way whutever. - She wen t into service, and while in that zoodiiion was se' (limed by what she called a gentleman ; she he" came pregnant, and was turned upon the worb l for support, her Seducer having -refitted to a ll(i . k her more than five shillings a mouth for her main* tenance. As soon as she was delisered, he, 1)01', ever, took the child un d er hi s . care'; she applic° tolter parish for relief, and was taken into - the house ; but upon refusing to give up the name of the father of her child, she was sent among Oa most abandoned wretches to Bridewell fur seven days, at the expiration of Which - she was turired into the•streets. She applied afterwards to tlje ofEcers of her parish, who gave her occasion a few shillings, and then referred bet to ti e Committee, - who, they told her, would pot bet in sonic comfortable way of livelihood. She et% . tended the Committee, b u t p ers i ste d i n h er refus a l to mention the name of her c hild' s father. Vic' Committee on this account refused to du any thiog more for her, and ordered the beadle to turn the applicant into the street. Although site had taller' a victim to the persuasions of her lover, her moral princip4e was tar from being "lost, and she pre" trued death to prostitution. She purchased too t pennyworth of laudanum at the shop of a ( hog.- gist, and !mule it up into two pills, one of which she fixed in an apple, and the whershtinixed ill a little small beer. Upon swallowing the poison, she sat down upon the steps ot, a hall-door, and soon felt its powerful operation.—The order (if retuoval, was made out ,'and the poor deserted out , . east, upon being conducted into the hall o f th 6 Mansion-house, fell into violent convolston 9 , which scented to threaten immediate dissohtiou. UNION-HALL. DANDY IhIPOSTOR DETBCTRD.--YcSferdal A genteel looking man, dressed in the fit st style of Dandyism, who said his name was Win. Fergusole Fowler, was brought to the office by Hell the officer, and examined before Mr. CitameEtts, charged by Messrs. Harper and Jopp, pawnbro kers, of the Borough High•street, with having littempted to defraud them, by offering to pledgo them a ring, which be said was set with rubies,. and very valuable, and that be brought it fruits the lioSt ladies. Mr. Jopp stated, that he sos 'pected the quality of the stones in the ring, a wl therefore bad one taken out, when it proved complete deception, being only ehrystal, artfull% painted at the back, so as to represent the ruby, and of no value. On the prisoner being told of the deception, be ran away, but was secured mut taken to the office. The prisoner denied 114 knowledge of the stones not being genuine, at 4 he was remanded till Monday next ; when, it iy expected, other c(arges will be brought against him, as, it is understood, he has defrauded, hi similar articles, two jewellers in Bond -street, awl various pawnbrokers et the west end of the town' MARLIIOROUGII-STREET. A respectable master baker, at Ilavaurater• charged his son, a youth, with divers ft lonics, s')' t threats of his life, through which he dated not is safety appear in his shop. The aged father, wi'. l ' rears in his eyes, gave a sh uc ki ng d escr i pt i on t"; his son's depraved conduct. Ile bad Ott') bil ti a good education, and brought him up to his bu' SiIICS3, end he could have been of the most estrell' tied service to him, instead of which . • got coo' netted with 0 daring set of tkieees, 'who iitfetg the nrighbouthand, anti he had robbed him to such en extent, that he could no longer keep hies -tinder his paternal roof. A few days since he was liberated from prison, since which he hal constantly beset his father's house, and with bur. rid threats declares! that soma of his gang s hould have his lifa. It was for his personal safety (log he 'might protection. •Thts prisoner was coo* misted till the Sessions. A most atrocious attempt has been matte' glg Bolton by two men, one of them wearing a w iiiee hat, to brrak loco a room in wide:, we , e arms, &c. beloning to the 15th (King's) Hor sets. One of the robbers filed a pistol at aOw die: who disturbed him, and he is shot tbrooo the Land. A reward of one hundred pounds 0 offered for the discovery of these 84,sassin s (Manchester Chronicle.) 131RTI - f. Om Friday, the Bth last. at Tr einsis Park Cottage, near F 4/". !booth the Lady of Captain Tony Nicolas, C. B. K. C. St. r , and M. of a son and heir. MARRIED. On Saturday, tl.e Itith instant, by license, at Kensing ton ; chord), T. P. Cooke, Esq. of the Theatre-Royal Eng lig Opera-bosase, to Miss Creiner, of Michael's-place, Btotne' o P bite of kilackbenth. DIM). WI) i t ' On the 23 d August last, at St. Vim:roes, George Gehl, Esq, ' - 4.01 ArKint.csurm. Jamaica, on the i7th of August, Mr: .. Chambers, aged 22 , late of Kennington, —.at te"b L(iNDON: Printed by .1. 1.1. of Na. i9l OrloOod-strcet, Queeo-sooarc; .SCRIPPS,• uf No. 7, Soutii Moiton-street, at TH;,4 e 0.0 off,c e , Strand ; where Advertisements, v`' Ledo's, &c. (pU5t-pai.l) nanit Lc alttresssd. • e 4 A A A\ 44, art 1 :4 b ; t Of • on 1,1! It '