The Sun. — London, England, 1828-03-20 00:00:00

tatives of the community, and exercising a sway at once unbounded and irresponsible. Parlia ment, we are sure, if it listens to the voice of every quarter of England,—from Marylebone to Penzance,—will revise and cut away this m odern excrescence upon the constitution of the country. . . "We have before us a copy of Mr. Brougham's elebrated speech on the State of the Laws, pre pared with the advantage of the corrections of that Gentleman, which will be published this day. The receipt of it has naturally drawn our attention to the prospects which were opened to the country by the acceding to the Commission for an Inquiry into the State of the Law. Are the expectations held out about to be realized ? When we know the persons who are to have the management and direction of this Inquiry, we shall be able to predict the amount of advan tage the country is likely to derive from it. We have heard that sir. Sugden is to have the direction of the Inquiry, and we have heard it with some degree of alarm. Mr. Sugden is allowed, i n th e profession, to he excelled by no man in profound legal knowledge, and dexterity in the applies , !ion of his knowledge. But more is required in an Inquiry instituted with a view to remedy the d e feets of the law than a minute knowledge of that law. A man may possess more knowledge in the 14w than any of his brethren, and his very eeperiority may endear to him the very defects of that from which he derives his reputation. And, indeed, it is a matter of notoriety that no thing is so rare as to find great professional ;gill unaccompanied with a strong dislike of ehange. Bacon makes the Judges and Lawyers say, - in answer to his projected Refiirms, " It will turn the Judges, Coun sellors of Law, and Students of Law, to schoOl again, and make them to seek what they ehall hold and advise for raw ; and it will impose a new charge upon.all lawyers, to furnish them ?selves with new books of law." B it, indepen dently of the natural dislike of me ; who derive their consequence from a knowledg , tof the intri cate labyrinths of law to the suhstitution for them of a straight-forward coerce, which de stroys the value of their painfully acquired mo nopoly, the narrow-mindedness inseparable from that exclusive devotion to one pursuit, without which the highest degree of skill cannot be ac quired, must in a great measure incapacitate a man for judging wisely between what is and what ought to be. Bacon repeatedly alludes to his acquaintance with other subjects than the law of Englend, as giving him an advantage in execut ing the task of its improvement; for it is by comparison alone that we become able to ap preciate the reel value of any thing. Mr. Brougham, in his speech, forcibly combats the strong prejudice of lawyers against innova tion. " But I do not (he says) merely cite, Against alarms or scruples, that bold and wise and safe measure of Lord Grenville ; older au thorities, and in the Courts of Westminster, are with me. I will rely on Lord Hale, whose celebrated Treatise of the Amendment of the Late (far less studied, I fear, by our Juriscon sults than that of Fortescue) well exposes the folly of such fears, with their origin By loag use and custom (says he) men, especially that are aged, and have been long educated to the profession and practice of the law, contract a kind of superstitious veneration of it beyond what s just and reasonable. They tenaciously and rigorously maintain those very forms, and pro. icectings, and practices, which, though possibly at first they were seasonable and useful, yet by the .ery change of matters, they become not only useless and , impertinent, but burthensome and iicouvenient, and prejudicial to the common justice and the common good of mankind ; not considering the forms and precepts of law were not introduced for their own sakes, but for the use of public justice ; and, therefore, when they become insipid, useless, impertinent, and possibly derogatory to the end, they may and must he re moved.' Such is the language of Sir M. Hale. After Lord Coke and Littleton himself, there is no higher authority in the law than Shepperd, the author of the ' Touchstone,' who, in another of his works, called 'England's Balm, or Propo sals by way of Grievance and Remedy, ,S.c. to wards It;:e Regulation of the Law and better Administrii.tion of .Justice,' reminds his legal brethren, that taking away the abuse of the Law will establish the use of the Law—stabilii usum qui tollit abusion ; and that rooting up the tares will not destroy , the wheat.' " That Mr. Sugden is one of the superstitious vene rators of forms, proceedings, and practices which are barthensome and inconvenient, end prejudi ciel to the common justice and the common good of mankind, alluded to by Lord Hale, is but too rpparent from his published pamphlets, and his speech in the House of Commons in the discussion on Mr. Brougham's motion. He evi dently considers that state of the Law the best which is the most inaccessible to the people, end which produces the most to the Lawyer. " He coofessed," he said, " he looked with no little alarm at the disposition which he saw beginning to prevail, of attempting rash innovations, and striking, under the vain hope ofamendment, at the root of that system under which the country had flourished for ages." Vain hope of amend ment ! System under which the country flou rished ! The country flourished under the small pox—were we, therefore, to resist inoculation ? All innovations are not rash, any more than all a ncient practices are not necessarily iyise ; and the use of reason is to enable men to retain the old when change would he for the worse, and to decide on innovation when the new is better than the old. Rashness may as Y. 'e 1 1 be shown in rejecting innovation, as in admitting it. But who does not see that the feeling which dictated these words was a hatred of innovation merely because it is innovation ? " Laws he considered not to be so much made by the wisdom of man as t o have been formed and improved by time ; and he thought that nothing was more absurd in that point or view than to suppose that any in dividual, however profound his wisdom or ex tensive his know Ledge, could form a code of laws for the purpo se eif governing the property and rights of the people, .end thereby supersede all the wisdom of the ages .which were past." Now let us only mark the absurdity contained in this tirade, which sh ows h ow ill- su ited the Wet of mind possessed by Ur, Stigden is, not. withstanding his extensive. knowledge of the Law of Property, to take clear and compre hensive views. No man, however profoued his wisdom, or extensive his knowledge, could form a Code of Laws to supersede the wisdom of the ages which are past ! And why ? How, good Mr. Sugden, is the wisdom o f ages produced ? By more extended experience. i n the time of the Norman Conquest, many thi ngs o ere deemed good which we nosy deem evil; and many things in the present day are deemed good which the more extended experience of our successors will discern to be evil. We repeal a Jaw because it is deeme d to be impolitic, and on frame another because w e ima g ine it will be productive of benefit. If a man frames a code of laws, what else does he do but proceed it i the course by which we have arrived at the sum of the wisdom of ages which we possess? He avails himself of the discoveries which have been made, he profits by the experience which has been acquired in past ages, he endeavours to separate that which the experience of past ages has proved to be folly from that which the same experience has proved to be wisdom. Every past age has dropt some of the wisdom of a pre ceding age, when it has been discovered that that wisdom has been folly, The process of epuration has been constantly going on. If all the laws and usages and maxims which have been current since the beginning of the world were to be presented to the existing generation, in a mass, in what a state of embarrassment would it not be ? A Code is merely an endea voila; to convey the knowledge of law derived from experience and reflection, freed from the abuses and imperfections which experience has also revealed, in the most luminous order. It is turning the wisdom of ages to account, and faci litating the process of adding to that wisdom. Where we see a decided hatred of innovation, merely because it is innovation, displayed in so marked a manner, we cannot help auguring un favourably of the projected Commission of which lie is to have the management. Without a knowledge of the law its abuses cannot of course be known, and reform supposes adequate know ledge. But it is by no means a necessary qua lification fm a Legislator that he should possess that minute knowledge of every peculiarity in the law which distinguishes a Sugden. An inferior degree of' knowledge, with an acquaintance with the subject of law in general, and a mind well disciplined by liberal knowledge, will enable a man to perform the task in a sufficient manner. —Morning Chronicle. According to the Angsburgh Gazette, " the President and Government of Greece, convinced of the necessity of meeting the calls of the State by extraordinary expences, have agreed on the urgency of a new loan, which is to be negotiat ed in England by Count Viarie Capo d'lstrias, brother of the President, who is now at Corfu." Considering the situation in which Greece is placed with regard to her former loans, really the Government appear to have been reckoning without their host. It is very easy to talk about borrowing, but we should like to know where the lenders are to be found. Of this, however, the Greek Government may be assured, that no money will be forthcoming unless ample security can be given, which we think they have it not in their power to offer. But if we have been in formed correctly, which we believe we have, Count Capo d'lstrias strained every nerve to raise a loan of two millions sterling when in England, He wished to get this proposed loan guaranteed by R ussia, England, and France. Russia in stantly offered to guarantee her share—namely, one-third ; but the Duke of Wellington peremp torily refused to accede to any such measure on the part of England. " Too much money," his Grace said, " had been already sent out of this country to Greece and other States, either unable or unwilling to keep their faith." The question of the loan was mentioned to a great capitalist, who treated the subject very coolly ; but who, however, agreed to mention it to another eminent contractor, whose reply was, " No—l cannot think of lending a million of money to people, to who I gave, the other day, a hundred pounds in the way of charity." Un- • der these circumstances, we will leave our readers to judge what chance Greece has of raising a loan in England.--,•-elforning Herald._ . . The Tythe Commutation Bill now before the House of Commons is likely to effect a consi derable alteration, and we think improvement, in the relative situation of the Clergy of the Church of England and the Landed Interest. The amendment of Mr. Secretary Peel, which limits the term for which commutations can be effected under the authority of the proposed Act, so far changes its character aa e o convert that which was before a confiscatory and revolutionary mea sure into a regulation the most salutary and bene ficial. The Bill, as originally introduced, enabled the incumbent of a parish, possessing of course no more than a life interest in the tythes, to alienate them for a fixed money payment in per petuity, to the prejudice of the patrimony of the Church, and of time income of his successors for ever. The Bill, as amended by Mr. Peel, will enable the incumbent to contract with his pa rishioners for a fixed money payment in lieu of tythe for a certain limited period. It is only necessary to take the most general view of the nature of tythe, in order to appreciate the importance of the alterations suggested and successfully enforced by Mr. Peel. We lament to say that this conserva tive alteration was resisted, because we cannot but regard the occurrence as an additional symptom of the spirit we have long per ceived to be abroad of hostility to the Church of England, and to all the other valuable and an cient institutions of the country. Within a few centuries the value of money has undergone de preciation to a very great extent. Suppose an annual money payment in lieu of tythe had been fixed generally throughout England antecedent to this change, is it not evident that the provi sion for time Church would at the present mo ment have been utterly inadequate ? And who can say with any confidence, that an equal de isreciation in the value of money may not occur rn fature, or that an annual payment in lieu of tythe, to be 119 w fixed in perpetuity, may not in the course ofyeare beeome as insufficient as the payment would have been at the present day, that had been fixed by a permanent commuta tion three or four centuries ago? To urge the adoption of such a measure must be taken there fore to imply either a great ignorance of the sub ject, or an titter careicsS3;co or a determined hoetility to the permanent security and indepen dence of the Church. Great inconveniences, among the greatest of which may be reckoned the discredit or unpopularity of many of time Clergy, have however been found to arise from the practive of' levying the tythe in kind, or of taking in lieu of it a commutation, subject at the will of the parties to perpetual change. We be lieve that for one Clergyman who has been ex toetionete, there have been one hundred ready for the sake of peace and harmony to forego a large proportion of their just demands. But nevertheless conflicts and bickeringe, anSI animo sities, have .frequently arisen between the Clergy and their parishioners, the effect of which has been, and could scarcely fail to be, injurious to the interests and comfort of both, and to coun teract time efforts and abridge the usefulness of the former. It was desirable to apply some re medy to this evil ; and the Bill, as amended by Mr. Peel, is perhaps the most safe and effectual remedy that could have been devised. The Bill now resembles, in its most important features, the measure which Mr. Goulburn applied to Ireland, and which has been for two or three years in beneficial operation in that country. — Morning Post. ' We look with much confidence to Mr. Peel, in the course of his legislative labours for ame liorating our Civil and Criminal Code, that he will propose some changes in the law as it now stands, affecting debtor and creditor. It is a sub ject every way worthy of his enlightened mind and benevolent character. There is not, we ve rily believe, a law in our Statute Book which hears upon its face more r,f the character of rude and barbarous legislation than the one referred to. The power it gives to every one to injure and ruin another, from motives purely malicious, is frightful; and the more frightful, because every day it is so exercised. It is not the lust and conscientious creditor who invokes this law against the unfortunate debtor ; but the exaspe rated or malignant creditor, in whose hands it becomes an instrument to carry desolation into families, by consigning the husband and the father to prison. Humanity, reason, and jus tice, alike condemn the principle of this law, which, in its practical operation, enables a cre ditor to tell his debtor, << You owe me twenty pounds, which you cannot pay by the fruits of your labour and industry ; to prison with you, and find the means of paying me there, while your wife and children go to the workhouse."— We shall take other opportunities of reverting to this subject.—New Times. LAW INTELLIGENCE. VIOE-CHANCELLOR'S COURT—Mulch 19. JUDGMENT. F X.-PARTE BERNASCONI AND OTHERS, IN THE MATTER 01' cIL His Hosouß gave judgment to-day upon this petition. It stated that Wm. Chambers, the brother of Abraham Henry Chambers, the bankrupt, had proved a separate debt under the commission, to the amount of about 4,000/., said to be due for the principal and interest of a promissory note of 3,7941. Two years after this proof under the commission, Wm. Chambers brought an action of debt against his brother for 25,0004, and on the 26th November 1827, final judgment was signed for him by default. The Sheriff of Dorsetshire seized under the execu tion the property of the bankrupt, and also some property belonging to the Assignees. The present petition, which was presented by the assigneeF, represented that as Wm. Chambers had proved under the commission in the first instance, he must be concluded to have made his election, and was therefore bound to come under the commission rateably with the other creditors. It prayed that he might not be allowed to sell the property which he had seized, but that he be ordered by the Court to give directions to the Sheriff to withdraw his execution. This prayer was made under the 59th section of the late Bankrupt Act. It had been previously decided that the cre ditor, as between him and the bankrupt, must be considered to have made his election by proving under the commission ; but the present was the first instance in which that question arose as between the creditor and the assignees of the bankrupt. In answer to the petition it was stated, that the action at law had been brought not only for the debt proved under the commission, but also for the re covery of other demands. His HONOUR WAS of opinion, that not only under the Statute, but also under the general jurisdiction exercised by the Court, he was empowered to make the order prayed by the petition ; he did not see what difference in principle there could-exist between the rights of the bankrupt, as regarded a ease of this nature, and the assignees of the bank rupt who represented him. The order was made with costs. LENT ASSIZES. NORFOLK CIRCUIT.-THETFORD, RLtßdnl 18. James Beckrti and William Cricp, both young men, were indicted for stealing a sheep, the pro perty of James Tweedle. The prisoners were found " Guilty." Sentence of death was reco:ded against the pri soners, with an assurance that their lives would be spared. NORTHERN CIRCUIT.-LANCASTER, MARCH 17. ACKERS V. HEATON. Mr. DODD opened the pleadings. The declaration stated thltt the defendant had debauched the wife of the plaintiff, whereby the plaintiff had been deprived of her society and assistance. Plea—" Not Guilty." Mr. Sergeant Coss stated the case. The plain tiff was a gentleman of some property, residing at Blackrod, in the county of Lancaster. He had been married for several years to the person who had been the victim of the defendant's art, and had, by her, become the father of several children. The de fendant also resided at the same place. He was by profession a surgeon, and as ho had attended the plaintiff and his family in that capacity, he had of course had that unrestrained intercourse which the confidence reposed in a medical man always afforded. —lt would be proved to them that the plaintiff had abused the confidence thus reposed, and had availed himself of the opportunities which his profession gave him to inflict a lasting and irreparable injury upon the plaintiff. They would find that it had been almost the daily custom of tLe defendant to visit the house of the plaintiff. If upon any of those occasions the plaintiff happened to be present, the defendant would pretend that he came to consult a weather-glass placed in the plaintiff's house ; but when the plaintiff, as was not unfrequently the case, was absent, then the defendant's visits had been more prolonged, and the real object of his visits more apparent. It had happened in this, as in many other cases of a similar description, that the unfortunate husband had been the last to discover his own dishonour, and that rumour had conveyed the repent to all his neighbours before it reached him. As soon, however, as the truth had been discovered to him, he had imme diately dismissed his wife from his house, and she had gone to reside with her own parents, taking with her an infant but a few months old, and leaving three or four other children with the plaintiff. Thus situated, the plaintiff had continued for some time at Blackrod ; but he had soon found his residence there painful in the extreme. He had found himself an object of observation to his neighbours, and had been exposed almost daily to the mor tification of meeting the man who had been the cause of his disgrace and misfortune. He lied therefore been compelled, soon after his se paration front his wife, to remove from Black rod, and take up his abode elsewhere. Still, how ever, he felt desolate and unhappy ; the recollection of his loss perpetually recurred to hint ; and the little children who surrounded him constantly cried out for their absent mother. Worked upon by these considerations, the plaintiff's resolution to live sepa rate had been ultimately overcome, and he had con sented amain to receive into his house the wife whose infidelity had dishoneured him. The unfortunate woman had accordingly returned home, But she had never been able to hold up her head after the disgrace which she' was conscious she had incurred. Her health had rapidly sunk beneath the mental dis quietude which she endured, and her death, which happened a few weeks ago, had completed the melaneholy catastrophe of which the defendant had been the occasion. After evidence had been adduced in support of the charge, the Jury found a verdict for the defendant. Mr. BROUGHAM, as leading Counsel in the pro secution against Ashton, who Was tried on Saturday, and sentenced to death, for shooting at one of Lord Sefton's gamekeepers, now stated to the Court that he was instructed, by the noble prosecutor, to re commend the prisoner to mercy. The grounds on which he presumed to make the recommendation were, that it was clear that the wound had not been inflicted by the hand of the prisoner, and also, that it was obvious that the gun of the prisoner had not been fired in the affray. Mr. Justice BAYLEY was not prepared to say what would be the effect of this recommendation, but he hoped that the feeling which the Noble Lord had displayed in making it, would not be lost on the prisoner's friends. WESTERN CIRCUIT.—DORCHESTER, MARcit 18. Win. Joy, aged 22, was put to the bar charged with having feloniously assaulted, on the 14th of August last, Mary Ann Trigill, aged 24, and having then and there, &c. contrary to the statute. The prisoner was also charged with a robbery, com mitted upon the same person. The prosecutrix, a very delicate modest-looking woman, detailed the principal particulars of the case, hich was one of peculiar atrocity. The prosecutrix, on being directed by the Judge to make those ex plicit statements which in these cases are necessary to prove the entire guilt of the prisoner, became greatly affected, and at last fainted away. She was removed from Court for some time, after which she returned and completed the evidence against the prisoner. She deposed that she had never, before or since the violation, had any intercourse, and that she was now enceinte. The Jury, after a short consultation, found the prisoner " Guilty." The Learned Judge, after a very solemn address, proceeded to pass on the prisoner the awful sentence of death, which is to he carried into execution in a few days. Mr. Serjeant WILDE then prayed the judgment of the Court upon Sir Robert Steele, who had at the last Assizes pleaded " Guilty" to an indictment in which he was charged with having sent to Cap tain Garth a libellous and insulting letter, with in tent to provoke a breach of the peace. Mr. Serjeant Wilde said, that at the last Assizes the defendant having pleaded " Guilty" to the indictment,affidavits in aggravation had been put in by the prosecutor, and leave given to the defendant to put in an affi davit in mitigation. As, however, the affidavits put in by the defendant had not been confined to a denial of the statements in the affidavits in aggra vation, but had introduced a great deal of matter wholly new, the Learned Serjeant requested leave of the Court now to read new affidavits for the prosecution, in reply to such parts of the affidavits of Sir Robert Steele as had introduced matter en tirely new. Mr. BARSTOW, on the part of Sir Robert Steele, complained that this motion had entirely taken him by surprise. After some conversation, which occupied a con siderable time, and a consultation between Mr. Jus tice GASELEE and Mr. Justice LITTLEDALE, it was decided by the Learned Judge that the new affidavits of Mr. Sergeant Wilde should be read; but that such parts as did not refer to the new matter in the affidavits of Sir Robert Steele should be struck out. All the affidavits, which ►were very numerous, were then read seriatim by Mr. Bishop, the clerk of the arraigns. The first affidavit was that of Thomas Garth, a Captain on half-pay of the 15th Hussars, dated Dor chester, August 24, 1827. It stated in substance, that in the December preceding, the deponent was residing with Lady Astley, at the St. James's Hotel in Jerreyn-street,London ; that in the circumstances in which he was then placed, he stood peculiarly in need of the assistance of a friend; that the defendant, Sir Robert Steele, had offered his services upon the occasion, and that they had been accepted ; that the defendant was at that time residing at the above named hotel as the friend and guest of the deponent; that the defendant recommended the deponent to go down to his father's (General Garth's) in Dorset shire, the defendant offering to remain as Lady Astley's protector in the deponent's absence; that the deponent having left town accordingly, the de fendant had treacherously abused the confidence re posed in him ; bad misrepresented Capt. Garth to Lady Astley ; had spoken contemptuously of his understanding, and had made the most insulting and indelicate proposals to Lady Astley herself. That the deponent was, upon his return from Dme;etshire, informed by Lady Astley of the conduct pursued by the defendant towards her in the deponent's ab sence. That the deponent thereupon applied to Colonel Gurwood, late of the 10th Hussars, on the conduct ►which deponent should pursue towards the defendant, ►who had thus violated his confidence, and insulted Lady Astley. That Colonel Gurwood and other military friends had advised the deponent to hold no communication with the defendant. That on the 23d of February afterwards the deponent had received from the defendaUt a letter, of ►which copies had also been circulated among the gentlemen of Dorsetshire, and one exhibited iu the club-room at Weymouth ; that all the gross insinuations and im putations upon the deponent's conduct, contained in the above-mentioned letter of the defendant, ►were utterly false ; and that the conduct of the defendant, since that period, had rendered it imperative on the deponent to come to the Court for protection and redress. The affidavit stated also that the deponent had given the defendant 5/. to defray the expenee of his journey back to Weymouth from London. The second affidavit was dated the 4th of August, 1827, and made by Edward John Howard, of Sack ville-street, Piccadilly, the prosecutor's attorney. The next affidavit was dated as the above, and made by Dame Georgiana Carolina Astley, of Montagu-square, Middlesex. It stated, that the assertion made by Sir Robert Steele, of her Lady ship's having acted towards him ►with levity, and been guilty of making indecent advances to him, were utterly false, unfounded, and calumnious. She then went on to state the circumstances of the re sidence at the hotel in .fermyn-street, and the de parture of Captain Garth for Dorsetshire; and hav ing repeated the statement of Sir Robert Steele having on that occasion made insulting; proposals to her Ladyship, added, that about the middle of the night of the 25th of December the defendant had attempted to force his ►way into her bed-chamber at the hotel, and had only been prevented from enter ing by the circumstances of the door being locked, and a maid-servant sleeping in the room. The letter which formed the ground-work of the charge against the defendant was then read. There followed next an affidavit of Sir. Robert Steele, dated Dorchester, 4th of August, 1827. It stated, that about the time in question (December, 1826), the deponent had been consulted by Captain Garth, with respect to a negociation then going forward between the latter gentleman and Sir Jacob Astley, " the object of such treaty being the accom plishment of the wishes of all parties in procuring the marriage of the said Sir Jacob and Lady Astley to be 'annulled by Act of Parliament." The affi davit went on to state, that " there were two points connected with the said treaty upon which there was a difference of opinion between the deponent and Captain Garth, the first being as to the terms which should be insisted upon with Sir Jacob Astley and the second as to the course of defence which should be taken in the action awainst the said Thos. Garth, in case the treaty should be broken off; that as to the first of these points, he advised Captain Garth not to insist upon Sir Jacob doing more than returning the fortune which Lady Astley had brought, together with her jewels and other personal property; while on the other hand Capt. Garth declared that he ►would insist upon Sir Jacob's allowing Lady Astley 4,0001. a-year, or he would exhibit such a case against him as would reduce the damages to a farthing.* That as to the second point, he earnestly advised Capt. Garth " not to make the eliminating of Sir Jacob Astley any part of his de fence, as the effect of his taking such a course would be, that Sir Jacob would not be able to obtain a divorce, and thereby Capt. Garth would be pre vented from making Lady Astley his ►wife ; that in a moment when, during the absence of Capt. Garth, he had lost his self-command, the circumstance oc curred respecting the conduct of the deponent to wards Lady Astley, and for the Occurrence of which In the case of " Astley v. Garth," the Jury returned a verdict for the plaintiff—l/mar . , le, the deponent afterwards expressed his regret to Col. GurWood; but the deponent most solemnly protested that the circumstance did not occur in consequence of any previous deSign of deponent. That Capt. Garth returned from Dorsetshire on Friday, the 29th of De cember, and that in that and the following day Capt. Garth and Lady Astley had behaved towards the de fendant in their usual friendly manner, and as if nothing had occurred to interrupt their friendship. That on the 29th and 30th, the deponent and Lady Astley and Capt. Garth went to the theatre toge ther. That on Sunday morning the deponent went to Brighton, whence he returned on Tuesday, and that on his return he received the following note at the hotel ‘. Tuesday, Jan. 2, 18'27. " My dear Steele,—My Lady has promised to dine and spend part of the day with her old governess, and I am going to dine with some Meltonians. I Lave given orders for everything to be ready for you. " Truly yours, " THOMAS GARTH." he affidavit went on t© state, that upon this same evening Lady Astley came into his apart ment after dinner, and met him in the usual friendly. manner. That the next morning, before the depo nent was out of bed, he received a message from Colonel Gurwood, who, on being introduced to the deponent, stated, that Captain Garth had, on the preceding Saturday night, seen the hand of Lady Astley in that of the deponent ; and that, on her Ladyship's being thereupon interrogated by Captain Garth, she stated to him what has been - already detailed in her Ladyship's affidavit. The affidavit then denied, expressly, that Sir Robert Steele had ever made the assertion about the levity of Lady Astley's conduct, which Mr. Howard had positively sworn that he had made ; and went ou to state, that " the whole of the disgusting conduct attributed to him by the said Mr. Howard on the said occasion had been wilfully fabricated." He further stated that he believed, and still does believe, that Captain Garth had adopted the said line of defence because he could not obtain such pecuniary terms of settle ment from Sir Jacob Astley as he desired, and that he wished to take thereupon such a course as would have the two-fold effect of securing himself from damages, and also of putting it out of the power of Lady Astley to call upon him to marry her without a settlement. The affidavit stated, in conclusion, that the letter which was the ground of the indictment had been written under feelings of great irritation, and having mentioned the services of the deponent in the Peninsula and elsewhere, stated that neither his pecuniary circum stances nor the state of his health could endure any considerable degree of imprisonment or fine. After an affidavit from a surgeon, deposing to the state of Sir Robert Steele's health. Mr. Bishop read an affidavit of Captain Garth, flatly contradicting seve ral of the statements contained in the preceding affidavits of Sir Robert Steele. It was followed by an affidavit of Lady Astley, contradicting such parts of Sir Robert Steele's affi&ivit as respected herself. Mr. BAnsTow then addressed the Court for the defence, in what Mr. Sergeant Wilde designated as a very ingenious address. With regard to the charge of having imputed levity to Lady Astley, Sir Robert Steele had authorized him, Mr. Barstow, to deny it on his honour as a soldier and a gentleman, as he, Sir Robert, had himself done, more solemnly upon his oath as a Christian. (Mr. Howard's oath flatly contradicted Sir Robert Steele upon this matter.) After the conclusion of Mr. Barstow's address, Mr. Sergeant WILDE addressed the Court in aggra vation, and was followed by Mr. C. F. WlLLtAsts ; after which His LORDSHIP sentenced Sir Robert Steele to be imprisoned in the common gaol of the county for one month, and to pay a fine of 1001. to the King, and after the termination of the imprisonment, to find security for his good behaviour for two years, two sureties in 200/. each, and the prisoner himself in 5001. ; and to be further imprisoned until the fine had been paid, and the security procured. OXFORD CIRCTTIT.-STAFFORD, MARCH 18. STAFFORD TERRACE. John Willa, Thomas Moreton, Humphry awl John Mills, who had been indicted for conspir ing to procure several of the inhabitants of this town to surrender their premises or attorn to James Stamp Sutton Cook, by threatening them with actions of ejectment and heavy costs, were this (lay again brought up, and on the motion of Mr. Talfourd, on behalf of the prosectitor, liberated OH entering into their own recognizances in 50/. each, to appear to take their trial when tailed upon. MIDLAND CIRCUIT.-NOTTINGHAM, MARCH 17. IriManz Barker, a labouring man, between 30 and 40 years of age, and both deaf and dumb, Was indicted for cutting and stabbing, with a certain sharp instrument, Samuel Parr, on the 15th inst., at the parish of West Bridgford, with intent to murder him, to maim him, or to do him some griev ous bodily harm. The Jury acquitted him on the ground of insanity, and he was ordered to be taken ca re of to abide his Majesty's pleasure. TUESDAY ; STARCH 18. George White was indicted far wilfully, mali ciously, and unlawfully shooting at William Hick ling, with intent to disable him, or do him some grievous bodily harm. William Hickling, who resides with The hiscprosecutor, fatheray this town, and fou r o th er m en, ree c a public-house on the 22d of last accidentally entli September, and agreed to go out together to catch hares in Sir R. Clifton's preserves. They accord ingly proceeded thither the same evening, set snares in the hedges, and then went beating about to rout the hares, for which purpose twe of the party made a noise by clicking two stones together. One of them, named Watson, was accompanied by a dog. As they were passing along one of the hedges, they found a man lying down, who halloo'd to them. They inquired what he was doing there ? lie re plied, that he meant them no harm, and offered to shake hands with one of them. They ordered hini out of the field, and proceeded in quest of hares. In a short time, the man whom they had seen near the hedge, and whose name was Drakeford, returned, accompanied by Sir Robert Clifton's h ea d game keeper, the keeper's son, and another under keeper, the prisoner at the bar. The poachers ran away a , short distance in different direc tions. The head-keeper pursued one of them, named Watson,'a few yards, and took him into cus tody without any resistance. His son pursued and apprehended another; Drakeford secured a third; and the prisoner, drawing a pistol from his breast, called out to the prosecutor, that if he did not stop he would blow his brains out. At the same mo ment he presented the pistol at his back, and almost instantly fired it off. The prosecutor exclaimed, " 0 dear, 0 dear, you have shot me !" and fell upon the ground. He was taken to the head keeper's house, and put to bed, and afterwards walked home. Sir Robert Clifton ordered Mr. Wright, his medical man, to visit him, who had his wounds dressed; and he was afterwards attended by Dr. Davison. He was for some days confined to his bed, and was afterwards sent to gaol for three months, on being convicted of poaching. The Jury, after deliberating for about ten minutes returned a verdict (through their foreman) of Guilty , with a recommendation to mercy : but another with the Jury added, " We find him guilty, but not wl t intent to do any grievous injury. must reconsider their verdict, for jC he did even tend to do a grievous injury to the prosecutor, not guilty The LORD CHIEF BARON told them d t i h d a n t o t t h i e n y if he did fire at him, they must say of 11 of Gzally. deli beration, returned a ver di ct • d• • The verdict was received with great dissatisfac tion to hear the trial, tion by the multitude ass the whole day. The Jury, after a few minutes of e additional . which occupied the Court during e scape he had had, and never ing from the narrow again use fire arms on such an occasion. His LORDSHIP advised the prisoner to take warn- MEETINGS OF CREDITORS. LONDON DlARY.—Farvair, MAIM! 21.—.. At the Court 01 Bennet, S., Renni n gt COMMi oSSiOlbricklers, B la yer aghall-street. .1 n, sin Cannatt,:D., Lothb ury , merc h ant Chaplain, H., Deptthrd, miller Elsam, T., Oxford-street, cheesem 1 onger ! Goudge, A., Spital- square, pav i our Holland, J., Lincoln, v i ctua ll er Howard, J., Dunstable, linen-draper ll Priestley, It., Holborn, bookseller COUNTRY DI ARY.—SurvaDAY, Armi' 22. Bell, R., Keighley—Sessions-house, Wakefield. l/ Crawford, H., Whitehaven—Golden Lion, Whiteharen S Earl, T., Worcester—Crown, Worcester S Horseman, T., Bristol—Rummer, Bristol Lightfoot, J., Liverpool—Clarendon-buildings, LiverpooL I Rogers, W., Gosport—Royal Oak, Portsea lf Schorfield, J., Southowratn—Messrs. Alexander and Co Halifax lO Shipley, F., Boston—Globe, King's Lynn INSOLVENTS APPLYING TO BE DISCHARGED, COUNTRY..—At the Courthouse, at Norwich. March V 4, at Ten o'clock. Warner, John, Denver, wheelwright . , Summers, William, Bristow, th res h er Dale, John, Newton Flatman, baker • 14 ' Harris, Peter, Fakenham, dyer Leggate, Peter, Saxlingham, baker &Adder, Christopher, Aylsham, auctioneer " Highe, Robert, Blotield, eerdwainer ,; Ladgford, Richard, Cambridge, carter Long, Wm., Gaywood, shopkeeper Reynolds, Robert, Cockley, carpenter 414 Crickmer, Ann, Chedgrave, spinster Mace, William, Farnham, blacksmith Chapman, John, Southropps, baker Dyball, Williams, North Walsham, wheelwright 11- F 44 3 1,1 White, James, Norwich, tunist Pearce, William, Norwich, cabinet-maker • Cobb, Legget, Erpingham, butcher .Al.3x raft Mills, Maces, Norwich, coal dealer ; Aro tkisit 39e. 14 Jluby, William, Norwich, cabinet-maker m a w. Cousens, ('hristopher, Norwich, shopkeeper ~, Walker, James, Lynn Regis, draper ty. 1 Shingles, John, Lakenham, carpenter Railings, Edmund, Norwich, builder , High, Isaac, Lakenham ' builder - • Barker, Charles, Norwich, baker • Stringer. Robert, Heigham, baker • Shardalow, Samuel, Lakenhana. carpenter • N. Dingle, Henry, Heigham, beer.brewer "-' layerman, Arnall, Lakenham, gentlemanqa u) Bailey, Anthony, Norwich, butcher . Mitchell, Richard, Norwich, lieut. R.N. ''— •- Peace, Robert, Norfolk, blacksmith MARRIED. On the 19th instant, at Ightham, by the ROI; Ciro, Elers, 8.D., Domestic Chaplain to his Royal Highness the Duke of Clarence, William Elers, Esq. of Oldbury Place, Kent, to Susanna, daughter of John Peyto Shrubb, Esq. of Guildford, Surrey. On the 18th instant, at St. Mary's Church, Bedford, by the Rev. Mr. Ingram, William Barwick, Esq. ofLondon, eldest son of William Barwick, Esq. of Holt, Norfolk, t✓ Henrietta, only daughter of Thomas Times, Dig. of Bedford. 'On the 13th instant, at St. John's Chapel, Edinburgh, Onesiphoris, second son of the late Thomas Tyndall, Esq. of the Fort, near Bristol, to Margaret Stuart, daughter of the late Colonel Brace. DIED. • On the 2d instant, at Culcraigie, Ross-shire, Major Hugh Ross, late of the Royal Marines, much and justly regretted. At Tynninghame, N. 13., on the morning of the 17th instant, in the '7sth year of his age, Charles Earl of Had dington. On the 18th instant, at Orton Hall, near Atherstone, Mrs. Baultbee, aged 86 years. On the 16th instant, Frederick Whyte, youngest son of Sir Henry Lambert, aged 16 months. On the 13th instant, at Barton Cottage, Sidmoutb, Charlotte, third (laughter of the Rev. R. C. Long, of Dnnston Hall, Norfolk. On the 17th instant, at Woodford Bridge, Essex, Mrs. Watson, in the 74th year of her age. On the 17th instant, at his house in Surrey street, Nor. with, aged 68, Sir James Edward Smith, Knt., M.D., F.R.S., President of the Linnean Society. On the 17th instant, John James, third son of Lieut. - Colonel George Pollock, C. 13., Bengal Artillery. On the 17th instant, at Putney, Henry Johnson, F.sq. who on that day attained his 80th year. Lately, at Langdon Hall, Devon, aged 74, Mrs. Calmady, widow of the late Admiral Calmady. On the 17th instant, suddenly, at Ember Court, in her 69th year, Frances, relict of the late Robert Barker, Esq. of Teddingtor.. On the 18th instant, at the house of her mother, in Doughty-street, after a long and severe illness, Elizabeth Frances, wife of C. Britiffe Smith, Esq. of Mold, Flint shire, and daughter of the late George Smith, Esq. of Faversham. ()n the 18th instant, Mr. William Graves, of Iron monger-lane, aged 65. On the 18th of January, in Demerara, where she had gone for the benefit of her health, Mary Anne, wife of T. Finlayson, Esq. and eldest daughter of Mr. Thomas Fen nell, Lee, Kent. EAST INDIES. (BIRTHS, MARRIAGES, AND DEATHS, FROM PAPIRS RI- CFIVED YFSTERDAL BIRTHS. - At Calcutta, Nov. 14, the wife of Mr. IL Oshorn, jun. surveyor, of a daughter. At Calcutta, Nov. 15, Mrs. M'Dormond, of a daughter. At Calcutta, Nov. 16, Mrs. Augustin Pereira, of a daughter. At Calcutta, Nov. 16, at the residence of her father, Mr. Thomas B. Scott, the lady of W. Fox, Esq. of a daughter. At Chowringhee, Nov. 15, the lady of Lieut.-C)lonel Commandant blossom Boyd, of a daughter. At Calcutta, Nov. 17, Mrs. Charles Cornelius, jun. of a daughter. At Poorneah, Nov. 8, the lady of W. Duff, Esq. indigo planter, of a son. At Poona, Oct. 23, the lady of Lieut. G. Eyre, of hia Majesty's 20th Regiment, of a son. At Baltool, Sept. 10, the lady of Lieut. Burrows, 45th Native Infantry, of a daughter. MARRIAGES. At Calcutta, Nov. 14, at St. John's Cathedral, by the Rev. J. R. Henderson, Presidency Junior Chaplain, Mr. T. notelho, assistant in the office of R. W. Poe, Esq. to Miss Ann Andrews, the only daughter of the late Mr. J. Andrews. At Calcutta, Nov. 16, at St. John's Cathediat__4 the R ev . J. R. Henderson, Presidency junior Chaplain, Mr. W. G. Grieff, to Miss Matilda Vallente, youngest daughter Miss Isabell a C amp b e l l. o ‘ y 'a . lle l6 nte , Hon. H. B. Mizell, to of A t h t e late D urn A_l D r. o ....... . I N . • At Bhaugulpore, Oct. 22, bithe Rev. Mr. Hypolite, Mr. J. Neville, of Poorneah, to Miss Eliza Rose Brad shaw, daughter of S. Bradshaw, Esq. of Calcutta. At Bombay, Oct. 20, at St. 'fliornat's Church, by the Rev. E. Mainwaring, 1. Chapman, Esq. commanding ship K. S. Forbes, to Agnes Stannus, eldest daughter of Lieut.- Colonel Willis, Town Major of Bombay. At Bombay, Oct. 2.1., at St. Thomas's Church, by the Rev. E. Mainwaring, If. Hancock, F. of the Honour able Company's Military t Serv'ice, to Susan, youngest daughter of F. De Berekein, Esq, of Upper Clapton, Mid dlesex. DEATHS. At Calcutta, Nov. [4, Mrs. M. Smithurst, widoW of the late Mr. P. Sniitluirst, of the. Hon. Company's B en gal Marine. At Calcutta, Nov. 14, Mr. G. IL Forth, Assistant- Apothecary, aged 21. A t t C ,. ha n i 3( friendsil icedsin: sa21:3,06::::11 e , s o lpe r . N a e :: : ..ei an y v; leaving lae 9 iart : t t e , Mr. B. Balls, Branch Pilot, aged 35 years. spital. Nov. 10, Mr. J. Brodie late At the General lhaspi , , a first mate in the Hon. Company's Bengal Marine, after a At Calcutta, Nov. 10, Mrs. E. Bails, relict of the late • which he bore with Christian fortitude. lingering illness, "left a widow and soanfiear illness i a i n usb a nd, a o n f d ei a gl i i a ke r l e : aged 28 years ; he has t. bl a large circle of relations to deplore his irrepara e loss. with Christian fortitude and re mont“s, w i , irreparabl e loss. the wife of Mr. J. L. signation, ° li t : r h a mpore, Nov. 13, where he had proceeded for Lavalette, age _ 1 ~ years, Mr. J. Ford, an old and muck-respected At benefit f his health, officer in the country service, aged 40. At Benares, Nov. 6, the infant son of Lieut. and Adjutant Burford, aged nine months. At Surat, Oct. 14, W. A. Jones Esq. Judge and On July 31, at Tamative, in the island Criminal Judge of that city and of Aladagssc.ir (whither he had gone on a sp ec i a l mission from the Mao ctireclebenefit. Mau ritius Government to King Radania), deeply and deservedly regretted by all who knew him, Lieut. Henry Cale, of the Royal Staff Corps, and de-CampAide-of 1 • Excellency his the Governor of the Mauritius. nearly p h l a ,,t er t , w a ° ged 38, deservedly At Penang, Oct. 6, Mrs. E. Mitchell, the wife of Mr. T. a Mitchell, of that place, deeply and sincerely re gretted by her disconsolate husband and their surviving children. At sea, on board the ship Child's Harold, Oct. 4, on his passage to Bengal, G. shellingford, Esq. late indigo gre te by h is relat ives and . 1 -lends. yanr(el azfteitnrad.a,lin g ering ii inegs 0 if PRINTED and PUBI.TSIIh S UN ° grim m ° - Y M. YOUNG, at the tio. 112, Sirand. t' ~~✓ ,` T' on FR Tender Fop FLOI, Ow Thi Tw, Tvv, To ford, Oatme 20th c of Apr San must The Office. F.acl and be and th an his N' T' ENCI give IN Tha writing from tl BOIT and up of freig for a v. Stores The cover, at this shovel/ be rece The the shi the o ffi or aft, --...._ Ti 4 OPI iu the S C) ArcivN, MorniE Afar ch Suffc , OR J. Wholes procure prices . Candles Bust W Turps, proved] climate Sauce, J. J. 2 T" For 1 4ell, Es ill'Don, Manor dock 3laj t MI VALU Within Wal aUou Tho One At the o'cic the Lot] Lot with allow etline Acres Mr. ~ •