The Sun. — London, England, 1841-12-08 00:00:00

MORNING SUN N SPORTING. 4 ? L 'nie Duke of Sussex, during his stay at Holkham, r.enjoyed several d ays ' s h oot i ng. L or d C o k e , d ur i ng the same time, killed upwards of 1,400 head of game, including 22 woodcocks ; and on Thursday, to decide a Wa ge!', bagged 28 couple of snipes in Holkham marshes. COURT—FASHIONABLE. The Marquis and Marchion e ss of E x eter left Woburn ' Abb e y on Thursday last for Burleigh House. The Marquis of Tavistock arrived in Belgrave-square _on Satu r d ay from Woburn Abbey. The Earl and Countess of Clarendon left Grosvenor- Ccrescent on Monday, on a visit to the Earl and Countess raven, at Coombe Abbey, near Coventry. A c ord and Lady S on d es h ave b een enterta i n i ng v i s it ors '"g the past w ee k at El m h a ll , N or f o lk . e.. 44 ° 1 x 1 W.'ST. Powlett has returned to Downham Hall, F.°M Lowther Castle. , Lord S eymour arr i ved on Monday in Arlington-street, Lrera Melton Mowbray. ~.Sir James Graham arrived i n to w n on Monday from metherhy, near Carlisle. i The Hon. A nn L ucy Fortescue, aged 78, s i ster to t h e tte and aunt to the present Earl Fortescue, di e d at A r i g ht t ton aking fi on Frie.day last, from injuries received by her r MISCELLANEOUS. le Bata f ew months since the Duchess di Canizzaro diecb ms tt ' l ing every relic of her princely fortune to the Duke, ..""?, OR this access i on, returne d to I ta l y. H e h a d h ar dl y - " ri ved there before he perished by a most unforeseen widen,. A ccor di ng to the Ital i an o ffi c i a l i nqu i ry, h e d from taking three pills at once, ordered to be taken lin f l Y, and which contained arsenic. - I v ". l uminous and electric ball was seen in the sky over indertnere on the 25th ult. In the course of three 11:inutes, it assumed the shapes of a pyramid, a flame, a itrat serpent, the figure of the letter Z very brilliant at d angles, and, lastly, of a compressed crescent, when it 114 „,PPeared. 41 . 4 he Lord Mayor of Dublin, out of 100 claimants, ad asiicted 90 to the freedom of the city on Saturday. When th e cd why they did not apply for their freedom before, , e general answers were, "Because I was a Roman h ,elic." " Because I knew there was no use in ap - g in g) " &C. It appears the exclusion of Roman Catho was undeviatingly observed by the old corporation. . 'is , ,Z ° NEY and COMMERCIAL NEWS. 1 . t;1 Tb CITY, TUESDAY EVENING. n :It o. , e Stock' Market was in a goo d p os iti on e is raY, though no t so b uoyan t. Money was rather B'er For imm e di a t e t rans f er C onso l s rea li ze d 89 , etth the di v i dend, and for money, and for the opening alternately buyers and sellers. Exchequer Bills Ere los. to 12 s . prem i um, an d I n di a S toc k par. B an k • C Was steady at 165. New Three-and-a-Half per I N I r t l Were at 994 itto 994, and Reduced Three per Cents. 4 6 . gl lt t to 88i '' lit '',, Y a limited business was done in Foreign Stocks, : ' N oPanish and South American Bonds improved in '' 1), Ile • The Active Spanish were done at 23% to 24 ; guese New Five per Cents. remained at 33, and 1p• 4 hree per Cents. at 191. Mexican Bonds were at 41 rkrovement to 25;1 and 26, but Colombian were flat INA : Brazil Stock, in consequence of the advices T•,.,`° Yesterday, has improved from 59. a to 601 and Russian Bond s were s t ea dy a t 1131, an d D u t c h c ' h i lucl-a-Half p er C en t s . a t 52. 1 1 / 41 a rea were rath er b e tt er t o -d a y. G rea t W es t ern t o ZY Shares were 161 to 171 ; the New, 8 ; the t or Ou and Birmingham, 70 ; the New, 231 ; the 11 and North Midland, 361; and the South Western, 4 ‘ 0 17% premium • Brighton were 144 to 131, and I._ .411 Dfidland, 331 discount. National Bank of Ire ' - " q a Sh are 1 1 , . 8 were par to 4 premium. ho the Foreign Exchanges there was rather more o h .. /51',.. • eY• Bills were negotiated on Paris at 25f. 72c. to 12 0 , ' ou Antwerp at 12 34 ; on Frankfort at 1494 to 12 aen Haraburgh at 13 10} i ; on Amsterdam at to 5 ; and on Trieste at 9 51 to 53.' L ry ,. (From The Sun of Last Night.) , done- R POOL COTTON MARKET, DEC. 6.—The business ' kle s ill the Cotton Market to-day is to a fair extent, the 1 ~,thit__ In nounting to 5,000 bales, of which e x porter s h ave 1 ~7 400 American. . IIoti'sVERPOOL SHARE MARKET, DEC. 6.—The transac ,reported in this market are, in London and Bir -1 tiv:,: a _ l ° New Shares at 254 ; Midland Counties, 81 ; tad G r ill e' and Manchester Half Shares, 921 ; Edinburgh kt 'Pow 4 23 ~_4,1,1,„ ' ' - ' , l* .m ieh ;11LESTER STOCK EXCHANGE, DEC. 6.—Not 114 4 Ai m ' i ng in Shares to-day. Manchester and Leeds, itsprovenehester and Birmingham, continue in demand at 1 4, 4 (11 e prices ; L on d on an d S out h W estern, 5 6 ; kdinbeester and Leeds, Quarters, 31. 10s. to a l ls. ; kin h u rgh and Glasgow, 4 9 1 to 42 1 ' ; London and Bk . A it tn, 158 to 160 ; Ditto, 321. Old, 534 to 53,1. it,... e Great .0, b it ,„ ; Western arrived at . Bristol late last even , ' r ettgb t T l g made the passage in 13 days. She has r•tes, f,,u° 0 ,000 dollars in specie, and a fair cargo ; her 44 0, c1 0 ,7, r ° New York are of the 23d ult. Exchange on I°ltat,..;:nd declined to 91 ; 1 ,, ; and United States Bank ' ....,Con s ; T e re quoted at Philadelphia, 4 4. ' • Th "n t h ee. b ut l i ° t r e ned this morning 881 i for the Account, , doing. Three per Cents. Reduced, 881 -a ; 1 , 4 ., latZa Ralf per Cents. Reduced, 98 1 ; Bank Stock, lk the 44 che u Bills continue firm, at 10 to 12 prem. : " tisWaim reign• q " .. „ Market Spanish Active Stock improved ''' 44l t lts:re latter part of yesterday, closing at 23- ii 24, " ' t t i l 4 l. l: wit 46 been done at 23i; they opened this morning si t i -q' I ,_ - *web price they are now, there is, however, no „12'udji l iaess doing. Passive Stock is quoted at n. — rati - "etTed 1 01 • In Portuguese Stock there is .•„ ~.....r on, it. _. -, l* , Au C e nts, . rs 1 9 ,`qe Five per Cents. are 331, and the Three le ' D itto .4 20 ; Dutch Two-and-a-Half per Cents. i exie aß e lye. per Cents. 991 ; Colombian, 201 i ; ' T he 251 261 Sited ti a 'all _sactiCins in the English Funds have been very ne ;,: u ring the morning. Three per Cents. Reduced 4 e ~"uprovedo and were last done at 88,i. Consols for ,12, "Pe,, fling are SS/ -8- ex. div. ; Exchequer Bills, 10 to I , l,thisiness has again been done in Consols and New tsia-and-a-Half per Cents. for Money, the former at 1„' and the latter 991 4. ' "4 4 1 14 Foreign Market there has also been little busi . tils ' 1(1 ' 1 e. Spanish Active Stock have receded a trifle, tootl , Notation being DOIN 231 24 ; Deferred is 124 ; Por ,, Wi n l s e 3 3 a 331 ; and the Three per Cents. 194 204 ; lip t :, 4 bian, 20 1 1 ; Mexican, 264 ; Dutch Two-and-a-Half l i r ItB.l 52 ; ditto Five per Cents. 99i. ' kjthe Share Market London and Brighton have itn ed... , being 36 to 361 ; London and Birmingham 160 ; . tZ, New Shares, 25 ; Great Western Fifths, B'l ; lal;1"41 Midland 661. The operations, however, have ~ e e rY limited. en r ., 4 1 24 4° . 13, 8 84 4 ex. div. Mexican, 264 4 ; Spanish, A few o bservations upon the ratio in which the im h ..0 4 1 of articles has been proceeding during the :rost e ;: v en months may not be altogether unin- QUR k i' l g• In the consumption of West India ot „4anrit th ere has bee n a f a lli ng o ff, b u t i n th at lk,4lius an increase. The arrival of the former has big , smaller, and the stock is only 14,066 Mids. 1,724 Isat „_ a gainst 17,788 lihds. 1,780 trcs. at this time 1, 1 4,' 1 t• The st oc k o f B enga l i s 89,000 b ags 'hp. " 29 ,000 on ly on th e I s t of D ec e m b er , et eaa i e t s ie consumption of Rum has rather in , eta._ nut the st oc k i s not quite so high as at th e 14 2 , 4 1:k/n ding date of last year. The supplies are nearly Y. 14 to t k _with those of 1840. Coffee, in some qualities, ". 7 ' 4ll 3ti t ,"Fen consumed to such an extent as last year. , 6 4 tit a in bags, and British Plantation being the ex koe :, bil L l _ Tho supplies have ranged lower this year. '''.. 4 tili, b "of West India are smaller, and also of Fo ,, L , , :: ,_ at of East India generally they are larger. ''lktlt - BRITISH FUNDS. , z, ~, let Neck ............ ... 165 'lndia Stock 1 1 fiCk.,7: Con s 894 (Ditto Old Annuities ... 1 Ist, 417; Red 984 IDitt e N ew A nn uities... '''w 1: 4 p r emit 994 lEx. Bills, 1,000/....21d 10 pm 14.1 1 : 4 Ce it ,nt 1 Ditto 5001.... lO pia ,_.11•11 la nn • - testoexpire I Ditto Small. ...10 pm ~ - 0• 4 : . i... — u ........... 12 7-16 Bank Stock for Acct... , J j 2,?.. ........ India Stock for Acct.... A --au ......... . Consols for Acct BB4 t e it, FOREIGN FUNDS. ,r u Ift per cent... Portuguese, 5 per cent. i:: tQ6S per cent Ditto, New Ditto 33 Bond s q 4 i . • l°3 **** 62 Prussian, 5 per cent. ... t„,lhaa, ,1 1 %36 per cea Russian, 5 per cent ll3* glorpt: L u Per cent.... Ditto, Metallic L — ' l lo 6 24 . • IB2 A. Per cent.. Spanish, 5 per cent 12* G , bil l, 3 -. ...... ... ..... 20 4 Ditto, Deferred f:tel t 1 Per cent French, 5 per cent. —f. —c. 1,.. 1 ei' ' 1 5 5 ..q,ean 5 ' - Per cent. Exchange —f. -C. 0 .14 6 ' Per cent—. 26 French, 3 per cent —f. ---c eh,' bhp -.vi m . , Dutch, 24 per cent 52 823 ) 6 per ct. Ditto, 5 per cent. SHARES. Eastern Counties Railway (23 psi) ' : e i tte Debentures ( paid) .... ......... ... 9/ ll s2d G r es ` , Western Railway( 65 paid) • 824 Ditto New Shares (50 paid) Fifth (4 paid) ••• 84 London and Brighton (50 paid).. •36 ~, 4 1n o and Birmingham (90) ... .. .. 160 ~ ', , • t o t ri New Shares ( 2 paid) ~: '.. I. l — a o _n _ and South Western . , y. s rut Midland Railway (100) ', ,' • "riE and North Midland Railway (50 paid) 86 4 •., en... Ditto New Shares (15 paid. 294 • vuit., N.N7sterd a '''• OF EXCHANGE—(YESTERDAY). 4).,Vste, at .tjt ... CF. 12 74 Gib ra l tar ... '42 , 11atterd.f gilt ......... 12 44 Leghorn I t t'lte r .,: . ..... ••••2 U. 12 8 Genoa , 25 85 4 110 41 e..,: ... •. .• ........ 12 7 Milan . 1 , isa ...... M.B. 13 134 Venice , N'alS, a .;•_•• . ; ........... , 13 14 Naples ' , jr2tte, "a n's sight ... 25 60 Palermo, per oz • 119 iSrs e il ie gi s ofiths. ........ 25 85 Lisbon , egide„ . • ..... .... 25 90 Oporto 52 . 1p r :+ 1 110' ort ........ ... 25 90 Rio Janeiro 27 ' O ,, 4 1 7 .t r aill b cul alasue... 1504 Bahia • tirid i %T T Vi ." ' "'" ••• 374 Buenos Ayres e i , N it ,;: •:,..... ............ 7 New York, 21 days sight 464 ) til e, Zee. 11. 3M.9 53 Philadelphia 46 • , .0 1.4 • ....... ..• 9 55 PRICES OF BULLION, PER 07.. *.. z . .. •••. ....... .. .. .. 36 Foreign Gold, bars £3 17 9 11111111;40 ........... •••••.......36 Portugal Gold Coin ...0 0 0 t 4 l ........ 36 New Doubloons OO 0 eva l :qui .... . ............ .... 36 New Dollars... O4 10 ....... . •••••.... 36 Silver in Bars... 0 4 117 li~ 1 ~i • " AMMINIMI/1 4,1 -' l ,tk eott(l Z Or. TRA.DE.—Thtre was a fair demand '.. :thlti un 'l during the greater part of last week, which 7it h il „ -- " Yesterday, but we regret to that there is - . Wm,- erovement in the accounts from the manufactureg •, , -, e t eix t;s, which are still as unfavourable as possible. The 44 boners ttZoners app o i nte d recent l y by Government, for 13(I se of ascertainin g w h e th e r a ny in c re a s e d fa ' kth r ,lean be given t o tra d e an d commerce b y i mprove d peel 3 of collecting the revenue, are expected in Liver - ~, a t th a bout th e end of this week, and, we understand, •‘, ce hatu k o Y,vill take ev id ence on the 13th inst., from m9r ' 'Nat ;t tiren su iPowners, and oth ers , as to any d e f ec t s w h ic h Ites6;st or any improvements which can be Of re 11 7 v in the mode of collecting the very large amount to b urr which is paid in Liverpool. We have reason br eve that several matters of consequence will be 4 1) ° , ,F L 1 lit before them, and, amongst others, a plan for ex lik4Zsg the hours, and increasing the services, of the 'gWaiterconnected withthe port.— Livelpool Time.. COURT CIRCULAR. WINDSOR, TUESDAY.—The Queen and Prince Albert walked this morning in the Home Park and grounds. The Earl of Warwick has succeeded Viscount Hawar den as the Lord in Waiting on her Majesty, and General the Hon. Sir William Lumley has succeeded Mr. J. R. Ormsby Gore as the Groom in "Waiting. Her Royal Highness the Duchess of Kent, attended by Lady Fanny Howard, arrived at the Castle at two o'clock this afternoon. Her Majesty will join the Royal Dinner Circle this evening, for the first time since her accouchement. Her Majesty's private band will be in attendance dur ing the evening at the Castle. The Hon. C. A. Murray arrived at the Castle to-day. Her Royal Highness the Duchess of Kent, attended by Lady Fanny Howard, left her residence, Clarence House, St. James's, at eleven o'clock yesterday morning, on a visit to her Majesty at Windsor Castle. Their Serene Highnesses the Duchess Ida of Saxe Weimar, the Duke of Saxe Meiningen, and Prince Ed ward of Saxe Weimar, after their arrival in town on Monday evening, received a visit at Marlborough House from her Royal Highness the Duchess of Cambridge. Their Serene Highnesses, accompanied by Prince Ernest of Hesse Philippsthal, afterwards visited the Duchess of Kent, at Clarence House, St. James's. Their Royal Highnesses the Duke and Duchess of Cambridge, arrived in town yesterday from their resi dence at Kew. Baron Brunow, the Russian Minister, transacted busi ness yesterday at the Foreign-office. Mr. Dean, Chairman of the Customs, had an interview with the Earl of Ripon yesterday at the office of the Board of Trade. Mr. Tillett transacted business yesterday at the Colo nial-office. _ _ Lord Wharncliffe, Lord President of the Council, arrived in town on Monday evening from his residence, Wortley Hall, Yorkshire. The Attorney-General transacted business yesterday at the Home-office. The Judicial Committee of the Privy Council sat yes terday. The Lords present were the Lord . President, Lord Brougham, Mr. Justice Erskine, and the Judge of the Admiralty Court. Sir A. Johnston and Sir E. East sat as Privy Councillors. Mr. Pemberton, Queen's Counsel, was heard on an appeal from Bengal, " Maharajah Milterjeet Singh v. the heirs of Jeserent Singh." Mr. Jackson followed on the same side. The case was adjourned forlfurther hearing till Thurs day next. DEATH OF THE HON. ANN LUCY FORTESCUE FROM FIRE. We regret to have to record the melancholy depth of this lady, which took place at Brighton on Friday morn ing last, in consequence of injuries received from fire. The circumstances under which it took place are detailed in the following evidence, which was given at an inquest held at the City of Hereford Inn, Brighton, on Saturday, before J. F. Gill, Esq., Coroner, and a respectable Jury. Sarah Cooper deposed—l was maid to the deceased, who resided in Charlotte-street, Brighton. She was a single woman, and was in her 78th year. On Thursday morning, the 23d of November, between nine and ten o'clock, I had dressed her in all but her upper garmen ts , and had then left her and r e tir e d into an adjoining room, as was my custom, until she washed. About half an hour afterwards I heard a noise as of the stamping of feet. I opened the door immedi ately, and found the deceased in the middle of the room enveloped in flames. I went up to her and got a carpet and put it over her, and then rang the bell. I screamed loudly. The two female servants and the nurse came up immediately. The servants threw water upon her and extinguished the flames, and we then put her to bed. I then discovered that her left arm and thigh and round her throat were much burned. She was not able to speak much. She asked me how it happened but I was unable to tell her. There was a fire in the room, but there was no guard on it. The flames appeared to me to have caught the lower part of her clothes. Medical as sistance was immediately obtained, but she died about half-past two o'clock on the night of Thursday. I had been accustomed to leave her in her room with a fire in it. I had placed her gown before the fire to warm it. Mr. R. P. Phill - Pots, surgeon, Devonshire-place, Brighton, deposed :—I was called upon to attend the de ceased on the morning of Tuesday, the 23d ult., in con sequence of her having been burned. Being out, my as sistant went before me. On my arrival I found him dressing wounds of considerable magnitude on the left arm of the deceased. ller chin, throat, and left thigh were also very much burned. I continued to attend her up to her death. She died of fever, the consequence of injuries to the skin from the burning. She was unable to give any account as to how it happened. The Jury immediately returned a verdict of " Acci dental Death." The deceased was sister to the late and aunt to the present Earl Fortescue. TO RATEPAYERS. TO THE EDITOR OF THE SUN. Sia—May I request you to insert in your liberal paper the following important fact, namely, that all rates made, or collected, after the 31st inst., will be illegal, unless stock in trade is included, as the Act to exempt the same, passed by the Whig Ministry, expires the last day of this year. This circumstance, if no other, may induce Sir Robert Peel to lose no more time in ordering his Parlia ment to assemble. I am your obedient servant, London, Dec. 7. A RATEPAYER. MONEY MARKET and CITY NEWS. FROM THE MORNING PAPERS OF YESTERDAY. TIMES.—The following official letter •was written in answer to an application respecting the distribution of the money obtained through Captain Elliot's arrangements with Canton : " Foreign-office, Dec. 2, 1841. " Gentlemen—With reference to your letter of the Ist of Islovember,' requesting information as to the intentions of her Majesty's Government with respect to the distri bution of the money obtained from the Chinese authori ties at Canton under the arrangements entered into by Captain Elliot with those authorities on the 27th of May last, I am directed by the Earl of Aberdeen to acquaint you, that the Lords Commissioners of her Majesty's Treasury have stated, that they are precluded from en tertaining the question submitted in your letter. The money to which you refer, having been obtained from the Chinese authorities at Canton, in order to relieve that city from hostile pressure, is a droit of the Crown ; and as such, after paying what her Majesty may graci ously be pleased to grant to the forces employed at Canton, it must be carried to the account of the Conso lidated Fund. " I am, Gentlemen, your most obedient humble servant, " CANNING. " Sir G. De H. Larpent, Bart., J. H. Palmer, Esq., J. A. Smith, Esq., G. Lyall, Esq." Our letters from Amsterdam, alluding to Ba ron Rothschild's interviews with the Finance Minister of the Hague, for the purpose of capi talising the Belgian part of the Netherlands na tional debt, mention it as generally believed that the Baron's last proposition was to give in several instalments the sum of 95,000,000 florins, from which lie would obtain from Belgium 100,000,000 florins, in 5 per Cent. stock. It is further sup pused, though it is hard to say with what degree of certainty, that if these terms are accepted, the Government will use the money in cancelling the old 5 per Cent. Stock, and this supposition is used to explain a peculiar state of the Dutch Stock-market. The Two-and-a-Half per Cents. have been buoyant, but the Five per Cents. very fiat, and this is attributed to the notion that the Government will cancel them at par. POST.—The view we have taken of the manner in which" the questions put by the deputation of the Committee of Spanish Bond holders were met by the new Envoy from Madrid, Senor Sancho, seemed to be fully ac quiesced in by the more calculating part of the public interested in the subject of them. That Spain should in the course of one short twelve mouth, namely, on the Ist of January, 1843, be able to resume payment in full of the interest of five per cent. on her general home and foreign debt, which approaches sixty millions in amount, and will require a surplus revenue of three mil lions sterling per annum, is, in the present diffi cult circumstances of the Treasury, deemed wholly chimerical. We witness the struggle that is making against the Ist of January next, and which we are by no means prepared to say will be a successful one, to provide the small sum necessary to cover the two half-years' dividends, at the rate of three per cent. per annum, on ten millions of coupons it is intended to capitalise, namely, three hundred thousand pounds. The depu tation appear to be sanguine, but those who know anything of the financial proceedings of the two Peninsular Governments, know perfectly well, and no one can be more cognisant of the fact than the worthy chairman, Mr. Thornton, himself, that, if he (Mr. Thornton) does obtain the punctual payment of the full (5l per cent.) interest on the Treasury Bonds, or Exchequer Bills, of Portugal, neither his exertions, nor those of his zealous coadjutor, Mr. Tasker, have been sufficient, although snore than five years have elapsed since Sir Isaac Lyon Goldsmid issued similar securities, to extract one single sixpence in the shape either of principal or inte rest in the instance of Spain. And yet there is this marked and most material differencebetween the two cases—the Treasury paper of Portugal was never advertised to be paid off, whereas that of Spain was, and this in the most imposing lan guage too, that the London embassy could use so far back as the year 1837. We return thus s e p l ndcilliyoly to retrospect tile übj we t ' be cause, from e m of the past fi nanc i a l care er of the Spanish eaesec leave Go vernments and their unscrupulous agents, and the extensive misery of which they have been the occasion, we feel that we cannot put our readers too fully on their gnard. Letters from the north of England mention the suspension of payment of a private banking house, at a considerable town on the borders of Scotland. The intelligence caused much anxiety to parties interested, and is probably but too ' true, as, upon application being made at the house of agency in London, it was found that payments on account of the party in question were refused. No explanation was, however, afforded. LAW INTELLIGENCE. COURT OF CHANCERY, Dcc. 7. NEILSON V. HARFORD. This case came before the Court upon motion to renew an injunction which had been granted by the Vice- Chancellor of England, but dissolved by Lord Cotten ham, for the purpose of restraining the defendant from infringing a patent that had been granted to the plaintiff. The patent in question had been taken out on the 11th of September, 1828, and it would therefore expire in a few months. The nature of the patent was for an im provement in the smelting of iron, and the great disco very that had been made by the plaintiff was applying air that was used in blast furnaces in a heated state. Before this discovery the mode of smelting iron had been to put the iron and fuel into the melting furnace, and then by a strong blast, to blow cold air into the furnace. At this time it was the general opinion of the manufacturers of iron that cold air was preferable to hot. Mr. Neilson having dis covered the rise of the hot blast, obtained a patent for it; the invention had turned out to be a most invaluable one, and a great number of manufacturers had taken out li censes for using it. It having been discovered that the defendant was infringing the patent, a bill was filed in December, 1840, and an application was made to the Vice-Chancellor of England, for an injunction to re strain the infringement. The Court granted the injunc tion. Upon an appeal being brought before Lord Cotten ham against that decision, his Lordship ordered the in junction to be dissolved, upon the defendant undertaking to keep an account, and the plaintiff bringing an action at law to try the validity of the patent. Accordingly an action was brought against the defendant, which was tried in the Court of Exchequer, and a verdict was given in favour of the plaintiff in all the material issues. In this state of things, the plaintiff baring established the validity of his patent in a Court of Law, now ap plied to the Court for the renewal of the injunction. The Solicitor-General, Mr. Bothell, Mr. Campbell, and Mr. Butt appeared for the plaintiff, and the Attor ney-General and Mr. Richards were Counsel for the de fendant. ROLLS' COURT, Dec. L. The Master of the Rolls was occupied all the morning in hearing consent petitions and short causes of little general interest. THE SUN, LONDON, WEDNESDAY, DECEMBER 8, lB4l. BARTON V. • WHITEHOUSE. This was a suit to administer the estate of the Rev. George Barton, who by his will, of which the defendant was the surviving executor, devised all his rent and per sonal estates to trustees on trust, subject to an annuity of 240/. to his widow, to receive the rents and proceeds, and employ so much of them as they should think proper for the maintenance and education of his four children, until they should have attained the age of twenty-one years, and then to stand possessed of the same, subject to the said annuity, for the benefit of his four children (without naming them) their heirs, executors, administrators, and assigns. The testator died, leaving four chil dren, and his widow having died also, it was now prayed that it might be referred to the Master to inquire whether the plaintiffs were the children referred to in the will of the testator ; whether it would be proper for the surviving executor to renew the leases of some leasehold estates, the terms of which were nearly expired ; and that the estate might be generally administered. The MASTER of the ROLLS directed a preliminary in quiry, respecting the children of the testator. DAY V. CROFT. In this suit it was prayed that an action of ejectment might be continued against a tenant named Brooks, who was in possession of a farm let to him by the tes tator, and which he refused to deliver up, notwithstand ing that he had received proper notice to quit ; and also praying that it might be referred to the Master to in quire whether it would be expedient to take any pro ceedings against the tenant for recovering the amount of a valuation agreed upon between him and testator, when he entered upon the farm; and also the amount of double rent that had become due, in consequence of his holding over.—Order granted. VICE CHANCELLORS' COURT, Dec. 7. (Before the VICE-CHANCELLOR of ENGLAND.) OAKES V. HARVEY AND GRDIWOOD. Mr. RicHARDs applied to dissolve an ex parte injunc tion granted by the Court in January, 1831, restraining the defendants from negotiating three bills of exchange for the sum of 1,2501. each, drawn by the plaintiff in favour of John 'Whittle Harvey. The present applica tion was made on behalf of the defendant Grimwood into whose possession one of the bills had come. It appeared that Mr. Harvey had set up a bank in Leg horn in the year 1831 ; and the plaintiff, Oakes, a young gentleman residing in Italy at the time, applied to him in the month of September of that year for a loan of 2,5001. Harvey gave him a draft for that sum on condition of receiving, in compensation, three bills of Exchange, of 1,2501. each, payable after five years' date, being the amount of the bill, and of a bonus upon it of 5001. with in terest upon the entire sum. It was alleged, however, that the bank of Harvey was not a bona fide concern. The bill for 2,5001. was made payable at Rolfe's, in Leadenhall street ; but it was found, when it was attempted to get the bill cashed, that there was then no firm of that name, Rolfe having previously absconded. The defendant, Grimwood, for whom this application was made, was a coach-builder and a horse-dealer in Italy. Some trans actions had taken place between him and Harvey, with whom he had deposited certain bills and sums of money, to the amount of 8501., and who was indebted to him in the price of a coach. Towards the end of the year 1831, Grimwood heard that Harvey-, who was thus indebted to him, was fittingup a yacht, and that he was supposed to be upon the point of effecting his escape on board of it from Leghorn with_ any property he might possess. He went therefore to claim, the money due to him from Harvey, who invited him on board the yacht, where he said he should be paid. Grimwood refused to go, and he then received one of the bills of exchange accepted by the de fendant Oakes, in payment of the sum due to him. The reason assigned by the applicant in his affidavit for not having sooner moved that the injunction should be dis solved was, that he had been in Italy since the year 1831 until the month of September last. His Hoxoutt said that nothing could be more unsatis factory than the affidavit upon which the injunction had originally been granted. In that affidavit the plain tiff merely stated that he believed, without giving any ground for that belief, that Grimwood had acted in col lusion with Harvey. The affidavit of Grimwood stated, on the other hand, that ho had come fairly by the bill of exchange r. and in the absence of any evidence to the contrary, his Honour was bound to credit it. He was, therefore, of opinion that the injunction should be dissolved. (Before Vice-Chancellor Wicalm.) TOMLIN V. TOMLIN. The arguments in this cause were brought to a conclu sion. His Honour ordered it to stand in the paper for judgment on Thursday next. (Before Vice-Chancellor KNIGHT BRUCE.) TULLOCK V. HARTLEY. The hearing of this cause was continued the whole day. COURT OF QUEEN'S BENCH, Dec. 7. PRICE AND OTHERS V. SEWARD 'AND OTHERS. Mr. THESIGER (with whom was Mr. IIil1) stated the case. The plaintiffs, Sir Charles Price and Co., were extensive merchants and importers of tar, turpentine, and other matters, carrying on business at Poplar, and the defendants were steam•engine manufacturers at the Canal Iron Works, near Mill-wall, and the question was whe ther a piece of ground in the immediate neighbourhood of the plaintiffs' premises, and which they had enjoyed the use of for nearly 30 years, was a public highway or not. In 1801, the Corporation of London made a bridge across to the Isle of Dogs, and they having purchased more land than was necessary for the purpose of the bridge and canal, which was called the City Canal, they sold it in portions to different parties, and the ground in question was sold to Price and Co. In 1812 an Act of Parliament was passed to make a road, called the Ferry-road, in the Isle of Dogs, and in that Act power was given to Sir C. Price to stop up the public pathway which went across the ground they had purchased ; but they did not do so. Now it would be shown that from 1812 the plaintiffs had constantly used that piece of ground for depositing their barrels of tar and turpentine upon, • still leaving a path way (kiwi' to the Mill-wall. The right of the plaintiff was never disputed till July, 1840, when the defendants came with a large body of nearly two hundred men, when a scuffle took place, and the plaintiffs, in order to preserve peace between neighbours until the right of the parties was decided in a court of law, submitted. It was alleged by the defendants that these barrels were placed against their wall, and that they thereby created a nuisance ; but it would be shown distinctly that there was a large interval between the barrels and the defendants' wall. The plaintiffs admitted the public pathway across the ground, and he contended that it would be impossible for the defendants to show that they had any right what ever to interfere with the plaintiffs, or that they could show that the ground in question was a public way. M. Justice WIGHTMAN suggested whether the case was not one which might be advantageously referred to arbitration. Mr. TLIESIGER, for the plaintiffs, had no objection to such a course. Mr. JERVIS (who was with the Attorney-General), for the defendant, after conferring with his client, assented. BREACH OF PROMISE OF MARRIAGE. DARBON V. ROSSER. Mr. Hall, Mr. White, and Mr. Pearson, appeared for the plaintiff ; Mr. Thesiger and another Learned Gen tleman for the defendant. Mr. PEARSON opened the pleadings. Sophia Darbon was the plaintiff, and Richard Rosser was the defendant. The declaration contained four counts, and the first alleged that, on the sth July, 1837, the defendant pro mised to marry the plaintiff after a reasonable time, and then there was an averment that the plaintiff remained unmarried, and was ready to marry him, but he refused. The second.count, that, on the sth September, in the same year, the defendant promised to marry plaintiff at the Christmas then next ensuing ; and then there were similar ,averments. The third count alleged a promise in June, 18'3b, l and the 4th in April, 1840. The defen dant pleaded that he did not promise, and then that after making the promise, and before the commencement of the suit,- he• had invested in Government stock three sums of 6661. 13s. 4d., 3661. 13s. 4d., and 215/, which the plaintiff accepted and received, in satisfaction of the defendant's breach of promise. Mr. PLATT then stated the case. Ho feared the Jury had not yet had much light thrown on the subject they had to try, the pleas being necessarily loaded with tech nicalities, but the matter to which their attention was to be directed was a plain matter of fact, in which he trusted they would ultimately have no difficulty in finding their verdict. The plaintiff in the record was the daughter of a Mr. Darbon, who formerly carried on business as a wine cooper, and who died in 1810, leaving a widow and three daughters, the plaintiff being the youngest and then two years of age. The father of Mr. Darbon, the grandfather of the plaintiff, carried on alike business, and Tor some time after the death of his son. At his death it might be imagined that the means of the widiaiviAd'her family were somewhat circumscribed. The grandfather died in 1831, and, ,by his will, bequeathed some small property to the widow and her children, which produced to each, and the present plaintiff among the rest, about 401. per annum. The executors continued in the receipt of these rents, on the behalf of the widow and her family, until his client arrived at the age of 25 ; and, by the grandfather's will, they were to have the control over their little property as soon as they arrived at that age ; and it then became necessary to settle the account of the executors, and release them from further ,responsibility. Before that took place, which was in 1835, Mr. Rosser, the defendant, who was an attorney and solicitor, had been concerned for the executors, and had been heard, and spoken of in the most respectful terms all the plaintiff's family. He was therefore known to the plaintiff by name, and afterwards, when the executors were released from their duties by the distribution of the property, he, at his own solicitation became their man of business, proposing to do all that was necessary without making any diminu tion of their little property. In consequence of that the plaintiff and defendant occasionally saw each other on the occasion of the rent being received and paid over. They were several times in the course of the year of necessity brought together, on all which occasions the greatest attention was paid by Mr. Rosser to the plaintiff, and she entertained the same sentiments of respect for him, because he had ex-- tended the hand of friendship to her family. At that period, 1835 and 1836, Mr. Rosser was a married man, and for the purpose of showing how the transactions of business were conducted between the plaintiff and de fendant at that time, he would read a letter or two, from which they might collect the terms on which they were living towards one another. Mr. Rosser knowing that the means of the family were very circumscribed, ad vised Miss Darbon the present plaintiff, to become the companion of a lady, and thereby save her little property, if not make some additions to it. The letter was dated January, 1836, and commenced, "Dear Miss Darbon—ln consequence of your expressing a desire to get out into the world to improve your income, I inserted an adver tisement in the Mor n i ng H era ld for a companion to a lady, and immediately received a note from a ladystating that if a comfortable home would be considered a com pensation the advertiser might obtain what was sought for." The letter went on to state that Mr. Rosser went to the lady and found her apparently amia ble. It would appear, observed the Learned Counsel, that Mr. Rosser seemed to have taken the girl under his care as a child, or a daughter, for he was somewhat advanced in years.—(Laughter.) He trusted he would not see in the course of the cause any unseemly appear ance of ridicule, because if he saw any such manifesta tion he should not be the last to notice it. The letter then stated that the lady appeared pleased with the descrip tion defendant had given of plaintiff, and then observed, that as she was afflicted with rheumatism, she wanted a kind and social companion, and concluded with stating that the defendant had written to Franklin about the rents. He (Mr. Platt) mentioned that to show that the de fendant was the receiver of her rents and paid them over to her. On the 9th of February there was another letter commencing, "Dear Miss Sophia," and expressing the defendant's gratification at the prospect of the plaintiffob taining an eligible situation with the Countess, and offering a sum of 51. or 101. • to enable her to equip herself, and ad vising her towrite to the Countess. That would show not only that he kindly interfered to advance her in life, but that he treated her with all the respect due to a person of a correct and proper demeanor. On the 15th of April there was another letter, in which the defendant stated that Franklin had brought three quarters' rent, and that he would be happy to see her whenever she could make it convenient to call. It would be observed, that throughout the whole of the correspondence, whenever the defendant could assign a reason for seeing the a pla p i for th e rhea% wasing 13th of July, nd a note presenting his compliments to Miss Darbon personal interview. ra o a n d e t h i e t stating that Franklin had brought the rent, and he should be happy to pay it over whenever it was con venient to her to call. He had merely read these three letters to show the nature of the intercourse between the parties during the lifetime of Mrs. Rosser, and which showed that he paid her the greatest respect. In March, 1837, Mrs. Rosser, the wife of the defendant, died, and on the 10th of April following a letter was written by the defendant, desiring his kind regards, stating that the rent was ready for her, and hoping her mother and family were well. On the 20th of April Miss Darbon called at Mr. Rosser's house, in Red Lion-square, when the rent was paid over ; and on the 22d of April, two days afterwards, he wrote another letter. He was anxious to give the letters in the order of their dates, as they gave a pretty clear history of the case. The letter stated that he would be soon leaving London for Bed fordshire and Glamorganshire, and would be glad to see plaintiff before he went. It also stated that the de fendant's nephew had taken a house at Twickenham- common, which he understood was not far from the plaintiff's house at Hampton, and if he went that way the following week, he would probably call to ask her how she did. According to that invitation, Mr. Rosser having only to make a request when it would be granted by the plaintiff, she came up to town, imagining it might be something in relation to her money affairs. On that occasion Mr. Rosser made an avowal to her of his ardent passion. —(A laugh.) His first wife had died only in the month preceding, and in the latter end of April he communicated to her that he entertained an ardent passion for her, and begged to know whether she would accept him. She was surprised that a gentleman, who had just become a widower, who had always treated her . with an extreme degree of respect, and a person whO rather protected and took care of her than anything else—that that gentleman, who had so re cently lost his wife, should think of making a declaration of that sort to her, and she expostulated with him on the subject. He excused himself by saying, that if he waited till the expiration of the year during which public de cency required that he should not marry another wife, he might, perhaps lose the opportunity of obtaining her, and that she might make some other engagement. Miss Darbon said she had no i n t ent i on o f th e kind at present, and that she certainly had a regard and respect for him for the kindness he had exhibited- towards her. He seemed greatly gratified, and on the 24th of April sent her a letter, in which he stated that he had conceived a very high opinion of her in every respect, and felt greatly in terested for her, and having it amply in his power (Mr. Platt observed that it was understood Mr. Rosser was a man of considerable wealth), and being desirous of doing her every good he could, he begged her acceptance of the accompanying small present as a token of his re gard for her, and hoped she would receive it as the gift of a sincere friend. The letter contained 201. On the 3d. of May he wrote again, respecting a book called " Sturm's Reflections," and there was (said Mr. Platt) throughout the letter the greatest pro fession of religious sentiment, and an apparent desire to lead the plaintiff in the way she ought to go ; and the Jury would know that where a man had to deal with a woman of a religious turn, there could be no stronger tie to attach her to him, and if he could only exhibit him self as a person of conscientious and religious feelings, he would be most likely to succeed. The latter offered her the book, which he said had given him great pleasure, and added that if he knew the particulars of her library he would be happy to add to her store of such useful works ; that he would be taking a ramble to his nephew's at Twickenham the following week, and would lie happy to call and ask how she and her mother did, and concluded, " I remain, very regard fully your humble servant." On the 22d of May there was another letter, and he would observe that he did not propose to read them all, because they would fill a ream of paper—(A laugh)—but would merely give them an outline of the case. The letter regretted that the wea ther, and a variety of other business, prevented his visit, requested her, if she came to town, to favour him with a call, and ended, " I am, with very great regard for you, your sincere friend." On June 3, 1837, he wrote another let ter commencing, "My very dearly beloved Sophia," stating that he had received with heartfelt pleasure and joy her affectionate letter ; the disappointment he had ex pressed was occasioned solely by his daughters, and that he hoped the forenoon of the following day would do away with all these vexations. It went on, "I do love you very dearly and sincerely, but yet our affection must be regu lated by prudence." " Your happiness is my chief desire. Bless you, my excellent l ove , an d b e li eve me your affectionate !" (Great laughter.) • Now he, (Mr. Platt) believed the fiery blood of youth had never been actuated upon to pour out more love and affection in a smaller compass ; but the ' present defendant was not a young man—he was advanced in years ; and it might, perhaps, be said that his being in years was an excuse for his not performing the solemn promise he had made to the defendant. At the time he wrote thatletter he was between 70 and 80—(Laughter) —but a hearty, hale, fine old gentleman.—(Roars of laughter.) To see him one would only suppose him be tween 50 and 60, standing upright and well upon his legs, and just the sort of person to captivate a lady, and; who would not be supposed to have any infirmity about him.—(Loud laughter.) When he gave the Jury that description of his person, it would be seen that his character was not inconsistent with it, and that the fire of youth was not yet extinguished in his veins. —(Much laughter.) On the 7th of June there was another letter, "My dear Sophia, I h ave re ceived your desirable letter." It expressed the defen dant's wish to see her again before he left town, having much to say to her on the important subject between them ; that he desired to be rooted to her heart, and promised to call on her at seven that evening. The letter was addressed to her at Mr. Robinson's, 35, Northumber land-street. Strand, an address which it might be necessary again to refer to. On the 26th of June there was another letter, stating that he was to go with one or both his daughters to Hampton-court' to dine with two ladies, and that he intended calling at her door, to ask how she did, and hoped he would spend a day with her before he went to Wales ; that while at Bedford he had, when re mounting a horse, which slipped away from him, fallen pretty heavily on his back, and he had thought of her kind apprehensions for his safety, and con sidered her his sweet little cherub, and that her sweet little voice had been heard up aloft, and had saved him—(Great laughter)—that her every way agreeable person and manners had induced him to like and admire her, forgetting his extreme age ; but considering the in compatibility of their years, and the possibility of his being cut off suddenly, he had placed something in her name in the Three per Cent. Consols; thereby exercising a little providence in her behalf. It would seem from that that the defendant had some misgivings as to the uncertainty . of human life, and that he possibly might not survive the year, and had, therefore, in vested more money in her' name in the Three per Cents. The letter added that he would never cease to love her dearly, and affectionately and holily, and purely; but he feared, in justieeand reason, that he should only be considered her kind and affectionate friend ; that he would be proud to be her guardian and friend, and ended " Dear, dear Sophia, believe me to be your sin cerely affectionate friend." There was another letter on the 29th of June. It commenced "Dear, dear Sophia, your letter has given tne - gre a t grief to Pifer that I should spurn or despise you, or that any other lady has supplanted you in my heart. No, my dearest life."' It added • that he felt the force of her dear little heart's love towards him, and it was more than his nature could stand. He was sure that when she was his he would be a happier and better man, and that he would live in hope, and pray for th a t blessing. Then on the Ist July there was a letter, in which he said she was scarcely ever out of his thoughts ; that he had that day taken a warm bath, and thought his whole frame better for it.—(Great laughter.) He begged her to write a line to say how she was, and to breathe her sweet thoughts to him; that she had done him the kindness to ask for a lock of his silver hair— (Roars of laughter)—thathe should expect a lock of her's in return ; that he was looking out for a lodging for her near his house, and wished to introduce himself and her sister to his daughters, and ended, " God bless and preserve you, my dearest love, and believe me yours affectionately." On the sth of July there was another letter in which he said that having just finished break fast, he sat down to breathe his sincere affection to her ; and thereby ease his anxious heart's doubts, which had been occasioned by his observations about his daughters. That he was determined not to forego his happiness for the sneer of the world, and he was thoroughly convinced that the Almighty ordained faithful marriages in heaven ; that he considered her his own, as she must consider him her's ; to dismiss all acquaintance and con nexion with the person she alluded to, and to receive him who would engraft her in a bosom which was wholly devoted to her ; that he had received her little gift of love, which was beautiful and nicely platted, and which would be often caressed by her faithful lover, and would prove a delightful particle of his dear sweet Sophia near his heart; he need not remind her that the foundation of all his hap piness was morning and evening devotions to Him, who gave all, and governe all ; he was quite distressed that her delicate form should have been exposed to the heat of the sun when he was walking with her the previous day, and trusting it had not fatigued her ; that he must contrive to introduce his daughters to her. On the 6th July there was a letter, commencing "My dear love, when solemn, and grand, and righteous acts or deeds are resolved upon, what pleasure there is in thinking upon, and committing to paper the thoughts that arise from them ; therefore I indulge myself in thinking of our future habitation as the inno cent birds who, after making their alliances, set about making their nests—(Roars of laughter)—for those they instinctively know to be the offspring of their connubial alliance.—(Renewed laughter.) The letter went on to state that he was thinking of a habitation for con summated love to dwell in, and whether it should be in town or country, but that whichever - it was they would endeavour, to be content and happy. ; that be pro mised himself a speedy consummation of his wishes, and on his return from Wales, he would tell his daughters that he was about to add an angel to their society; that he should rejoice in proclaiming their union before kings and queens. It then went on, " You, my love, my dearest Sophia, your model is pleasing, and your dear body being free from defects," observing that he was gratified at this, because he confessed he was a man of taste— (Laughter)—that he praised the Lord for every blessing, and that a virtuous, well-formed, enlightened woman, was invaluable, was an angel on earth, and led a man to heaven. That he found himself bordering on idolatry, and asked, " Have I, my dear one, breathed my love ardently to you ?" It then went on to say she had asked for a lock of his silver hair, and to comply he had cut a small quantity from the crown of his head— (Loud laughter) —as she said she wished to press it to her faithful bosom. What honour and glory to his hoary head—(Bursts of laughter)--probably they would be pressing the reciprocals to their bosoms at the same time ; he must not forget to add, that a thousand blessings at tend her, and a thousand kisses he stole in imagina tion from her, declaring himself affectionately hers ever. On the same day, the 6th July, there was another, commencing, " My own dearest love," and acknow ledging the receipt of her affectionate and most welcome letter, which was balm to his excited and fluttering heart. It asked her to say when she would be his property, and gave her permission, which it appears she asked, to go to Ramsgate for a few days with a Mr. and Mrs. Bennett. On the Bth of the same month another letter was written, in which he feared the heat of the sun had occasioned her some inconvenience in the walk they had taken theprevious day. He promised to be with her on Sunday morning, and offered for her acceptance his heart's whole affection, and ending " God bless and preserve my dearly beloved Sophia. Your ever affectionate." On the 9th the defen dant went to Hampton, in a carriage with a pair of greys, paid a visit to the plaintiff and her mother, and returned to town. On the 14th and 17th of July, and on the 31st, other letters were written by the defendant. The latter began "My dearest love and life." lie stated that he had breathed his whole heart to her, and that he intended to accept her kind offer of her whole heart and person, hoping that the obstacles he had referred to would be removed on his return from the country. It appeared that defendant had spent the day on the sth July at Hampton, and had then confided to the mother of the plaintiff his intentions towards her daugh ter. On that occasion, the mother had cautioned him about his conduct, and had expressed her asto nishment at his desiring to enter into a matri monial alliance so soon after the decease of his former wife ; she suggested to him that his contem plated marriage might not prove agreeable to the members of his own family, and she said that he was not a young man. The defendant replied that although old in years, he was as young as any man not half his age'; that his family knew enough of him to know that he was firm of purpose in whatever he undertook ; and that if he once took any matter in hand he would always go on with it, and that it was useless to contend against him. The mother then said to him, that her daughter was of age, and had been so some years, and was com petent to judge for herself without any interference. The plaintiff at that time was twenty-seven years of age, having been born in the year 1810. Miss Darbon felt that she owed a debt of grati tude and affection to the defendant for his kindness towards her, and no doubt she felt bound to follow the course which he might direct. The corre spondence between the parties continued, and on the 9th of August, 1837, the defendant, being at that time on a visit to some friends in Glamorganshire, wrote a letter to the plaintiff beginning "My dearly beloved Sophia," and in that letter, after stating his inexpressible joy and gladness at receiving her letter of July 31, he pro ceeded, " I am now in a land flowing with milk and ho ney, but the latter is not so sweet as that which I once had the happiness of tasting from your dear sweet lips, when I sealed' on them the pledge of our in delible and unalterable affection."—(Roars of laughter.) The letter then proceeded, " Ever since I have had the pleasure, honour, and happiness of knowing you, my greatest joy has been to endeavour to de vise some means of rendering you independent of the accidents of the world—l will not say the frowns, for nothing can ever frown upon you. if not so happy as to consummate that blessing, which I hope is preparing for us at the conclusion of the year, which only my decrease of health, or your refusal, can prevent, I shall be happy to shield you from the world." The defendant in that letter, after ex pressing his affection for her,and urging her to put her trust in Almighty God, to whose honour, and with a view of pleasing, when he trusted their union would soon take place, he went on to say, " I am already wedded to you in. spirit; be sure that you already possess my love and affection." He then went on to de scribe the house at which he was staying in the neighbourhood of Cowbridge, and, speaking of another mansion recently built in the same neighbourhood by a relative of his own, the entrance to which is by an iron gate, he adds, "On this he has placed his motto, ' Better death ',than !shame,' in English, a motto which I have adopted as my own in Welsh." The letter then proceeded to state that a relation named Powell had re cently died worth nearly 50,0001., which had been left among the relations and friends of the deceased "among the rest myself and my daughters — handsome." On the 28th of August, 1837, Mr. Rosser had returned to town, and it should seem that shortly after, he had had Mrs. Dar bon and her two daughters to dinner with him. On that occasion the subject of Miss Darbon's approach ing marriage with the defendant was broached, discussed, and looked forward to as a matter that was shortly to take place. On the 4th of September, Mrs. and Miss Darbon, and Mr. Rosser made a party to go to Milton, near Gravesend ; and on that occasion the defendant, who paid the expense of the trip, said how happy he felt in the anticipation of the coming nuptials, which should be celebrated as soon as the year after the death of his first wife should have expired. On the 31st October, 1837, he again wrote a letter to the plaintiff, in which, after desiring to know the reason why she ex pressed her apprehensions of her unworthiness of him, and his belief that more perfection could not be found in any human being, he went on to say, " I shall come down to you on Friday, and stay- till Monday, and talk all matters over. I shall take the sacrament on Sun day, and I hope to have your mother and yourself on each side of me to join in that beneficial repast, as a fitting preparation for another holy sacra ment;" and after a great deal in the same strain, he concluded by saying, " let us set ou r house in order, in order that we may establish ourselves as tabernacles for the entertainment of the Holy Spirit." It appeared that when the plaintiff and her mother and sister came to town, their circumstances were such that they could not afford to lodge in such expensive places as Red Lion-square or Ormond-street ; and accordingly, with a praiseworthy prudence, they took lodgings of an humble c haracter, better suited to their circumstances. This, however, did not meet with the defendant's approbation, and accordingly, in a letter dated Nov. 21, 1837, after stating the great anxiety he had endured on her account, he says he is glad to find that both herself and her sister felt an aversion to the lodgings, as he did not consider them sufficiently respectable. He then went on to urge her to be of resigned mind, of cheerful pious habits ; and e xpressed his belief that she was the most , Youi,nnoceanrte hearted girl alive. lie concluded by saying, i n my thoughts from morning till night. Cheer up, my best beloved, be happy." To that letter there was at tached a postscript, in the following words :--" IVlien ever you wish to indulge your feelings of loving-kind ness towards me, do so copiously. It let i t s er ba o l f m the to m y soul."—(Grcat laughter.) In a 24th November, the defendant said " I hope to come soon and seal the mutimil assurances of our affection on your sacred lips. We %list regulate our minds by a pure and holy train of thought. I beseech of you to read often the sacrament of matrimony, and I will do the same, that if it should please Almighty God that we should en ter into that sacred bond, we may be found worthy of it." Various other letters passed between the parties, to which he would not draw their attention, until • the 18th December, when he wrote a letter, beginning, • 4my dear little angel love." In that letter he ex • pressed his intention of marrying her as soon as " the period shall have elapsed in which, according to custom, ; anunfortunate widower or widow can contract such ea- gagements, without subjecting himself to unpleasant ani madversions." He went on to state that he felt convinced that they purely and 11014 loved each other, and that the plaintiff was a model, both in person and mind, of a being calculated to make him happy, and urged her, in all her trials to put her trust in the grace and holy spirit of God. On 11th February following he again addressed her "My dear affectionate Sophia." In that letter was the following passage :—" I hope the affection I feel for you is not assimilating to idolatry, for I believe you to be the most honest-hearted, inartificial creature in England ; tell me your whole heart's desire •, get religious habits ; offer up your whole soul to God ; I pray to him for our mutual guidance. If you were a giddy-minded girl, I should call myself an old blockhead ; but, knowing you to be what you are, I am convinced that God himself will approve of our union. Do not be agitated by the sneers and irony of any, because you have induced an elderly man of experienced Christian principles to love you for your own sake--a thousand kisses to you." On the 24th of the same month he wrote to her, stating that he should be greatly distressed if he were not permitted to make some manifestation of his affection for her, and that in order to do so he had transferred 3001. Con sols and 3661. Three-and-a-Half per Cents. into her name ; that he had preferred adopting this method of making her independent, in the event of his dying before he should be enabled to marry her, to leaving her anything in his will, as in that case his daughters must know of it, and might look on her with anger." This money it would appear had been thus invested during the time he was compelled by decorum to remain in widow hood, but it must be manifest =to the Jury that on his marrying her the money would again become his own. In another letter written about the same time he said be had sent her pencils and drawing apparatus by the Chertsey coach, and expressed a hope that she would take him as her pupil. The next letter to which he should draw the attention of the Court was written on the 2d June, 1838, after the expiration of the twelve months from his • wife's death. In that letter in acknowledging the receipt of one from her, he said, "I took it from the postman at my own door." "It seemed a cordial to my heart." " I kissed it all over." " I acknowledge the kind effulgence of your heart." " I think that the ex pression of my love is a conduit to your dear bosom." "Accept my best affection." The next letter was 17th August, and begins, "My dearly and truly beloved Sophia." " You are the last thing in my evening, and the first thing in my morning thought." He then went on to say, "We mutually deserve a union of our hearts and souls ; a mu t ua l bond of affection, not for our present gratification, but to bring our hearts and minds into such a state of regulated and pious disi pline as may be pleasing in the sight of Almighty God." He then went on to express a wish that she might be come a vessel of honour and piety, and thus complete a seraphic, serene, and angel-like course. A considerable period had elapsed beyond that which he himself hae fixed for the performance of his promises, and, as might naturally have been expected, some uneasiness was expressed by the young lady and her friends on the subject, and he was urged to declare explicitly what his intentions were. Ac cordingly, in the letter dated September 3, 1838, after expressing his distress of mind at her letter, demanding from him a plain " yes" or " no," he states that his state of health is declining, that his daughters are averse to his again marrying, that he shall ever regard her with feelings of amity and friendship. Two days after that letter he wrote her another, stating he felt that she was essential to his happiness, and that he was determined to take her for better for worse, and containing the following couplet— " In spite of all my friends can say My dear Sophia has stolen my heart away."—(Laughter.) The letter then went on to say that he would arrange for the sacred ceremony as soon as they should come to town, and concluded with these words : " Keep you own secrets, and you will rise as a phoenix or an angel."—(Loud laughter.) On the 6th September defendant had seen the plaintiff's mother, and she had explained to him the sufferings which her daugh ter had experienced in consequence of his vacillating conduct. He then stated to the mother that the marriage should take place before the expiration of that year. On the 14th, however, he wrote another letter, beginning, " My dear Sophia," in which, after making complaints that he was unwell, that he was troubled with cramps and spasms all over, that the weather was cold, and his daughters were ailing, he said, "I am fighting against hope in my wishes respecting you ; all I can do will be to improve your finances, and manifest my affection to you in that way." So that eight days after declaring that the marriage should be celebrated before Christmas he wrote a letter declaring entirely off. In that letter he said, " She had his hearts' best affections for her welfare, but that it was useless in his present dethroned state to think of marriage, and they must submit to what Almighty God had been pleased to order ;" so that the Jury would perceive he attributed his refusal to perform his promise to the interference of the Almighty, instead of to his own vacillation. On the 16th of September he wrote another letter begining "My dearly beloved Sophia," and stating how great a relief it was to his feelings to re ceive her kind and affectionate letter. It then went on to say, " but with your request to forget you, I cannot reply ; you are too engrafted on my heart. I love you as a child, and would succour you as one. Place your hopes in God and his Son Jesus Christ '." and he then went on to say that he at one time hoped to have been happy in the possession of such a casket, and that he might have been permitted to gather such a pious nosegay.—(Great laughter.) The next letter was of the 18th September, 1838, and was in a different strain. It began, " Miss Sophia Darbon," and expressed his surprise at the great injustice she was doing him, and proceeded to say, " Remember the develop ments you made to me at the outset of our intimacy respecting a certain young profligate, who, you said, was annoying you, and other matters calculated to excite my sympathy in your behalf." The letter concluded with saying—"lf you wish the corre spondence to cease, cease to reply to this letter." On the 26th he wrote another letter, and in the interim appeared to have changed his mind. It began "My dear Sophia," and stated that he had had some serious conversation with his daughters on the subject of their union, and that they were impacifiable, that he thought it not improbable that one of them might write a letter to her on the subject, and that should such an event take place he desired that she would write to his daughter the reply whieh he enclosed. If that an swer should be put in by the Counsel for the defence as evidence of the conduct of his client, he should have an opportunity of observing upon it, and charac terising such conduct as it deserved. That let ter showed that he again endeavoured to re vive the hopes of the lady. On the 18th of December he again sent, and addressed her " My dearly-beloved Sophia ;" in which, after expressing his unalterable affection and devotion to her, and desiring her to look up to heaven, which would consider them as conjunct devotees to its will, he said, " Take care of your health and get stoutish, for the marriage state requires health and strength.—(Roars of laughter.) I take every pains and care with mine."—(Continued laughter.) On the Ist of January following, that was in 1839, he wrote her a letter, beginning "My dear Sophia," in which, after expressing his desire to live on terms of friendship with her, he said, " Believe me, my person is not worth a pin's head ;" and lie concluded by telling her that, although she seemed not to care for his age and infirmities, she had better look up to heavenly things than such an old worthless trunk as he was.—(Laughter.) The correspondence continued, and on the 26th of June, 1839, he again expressed, by letter, his intention of marrying hr, and he hoped that he should soon arrive with joyful tidings. On the 15th of April, 1840, he again wrote a letter, in which he promised to purchase the ring and the license at the earliest oppor tunity. He did purchase the ring at Storey's, reen in Regent-street ;he did purchase the license, for for he should put in the affidavit he madekeher in tended it ;he applied to a milliner to for her, 319, Regent-street, where he ordered . tended wedding clothes, and went bonnetwithabisms make to instead e of nahnodubtethoahveeedomase itthe plain tiff, and deluding her with false hopes until . three so. f sh eß ev as continued already w h r h had expired, and in months for which the license lasted the month of October, 1840, he wrote to her desiring to put an end to the connection, and offering to settle an annuity of 401. a-year on her as a proof of his affection, and stating that nothing should again tempt him to enter the marr iage noose. This proposal e rejected, and determined to appeal to a Jury of her country against one who had stolen her affections, and induced her to believe that it was his intention to raise her to station and to wealth. Up to that period, he did not complain of the tone of Mr. Rosser's letters •, but he had since written letters which he (Mr. P.) thought he must be sorry he had put hi s hand to. On the 7th of May, 1841, after the plaintiff had "con sulted her legal adviser, he addressed a l e tt er t o h er, beg he beginning, " You little ingrate ; and after stati ng that had received a letter from a lawyer, who stated that he bad been the friend of herself and family for years—added, " you never mentioned him to me, and if this be so it must be another of your sly secretions." The letter then went on to threaten plaintiff with an exposure if she persisted in her action, and to say that, in self-defence, he should be obliged to say all he knew of Kitchen and the Northumberland Shades, the Opera Parade, and her being driven one night from the Northumberland Shades, because the lodgings were occupied by some other person, and her paramour, when she had to throw herself upon his pro tection, he had to get a post-chaise, and take her home at twelve o'clock at night. Of the meaning of all this he (Mr. Platt) was utterly ignorant ; these stories were fabrications from beginning to end, and he declared that any insinuations against the character of the plaintiff _ were utterly and completely he had inflicted Mr. Rosser did . not seem inclined to heal the wound ad he wrote inflicted, for, on the 1 ith of March, 1841, ray and he her a letter, stating that—Auld Re bin Gray thought Robin Gray's example—that Auld (Mr. Platt) wished that the defendant t i a n d ?ollOwed Auld ut before he did so, he to provide for a certain person ; all her intentions of he should die shortly, and before he did so, lie wished must be sure that she had given up would ruin herself. Pickwieking him, and warning her money on law or she h ware lier not to spend of the fangs of He would recommend her to _ d e in the. result do her the law ; such proceedings e 1 t her ea from coming into Court, dently held out to prevent 0 the 29th March, he wrote ' no credit. That, said th inquiry. n would Counsel, was evi and challengingfavourite ,his house, p tl r ia o t t , e eell, hveenwtsonolndcesemeoirieertontbhider, his, adding, that ilia had still or wished to see her at g e wis e hi f n a g re a : Old Robin's best wishes for her health and hap piness. On the 12th of April, 1841, he wrote that he had received some rent on her account, and said .he had • before expressed a !desire to know how her sister was, but had not been gratified ; so that there were thre.2" , on the one hand, and wheedling on the other. Proba • bly, he said, she would be soon coming to receive be MORNING SUN . dividends. He would be glad to see. her, accompanied either by her mother or by leer sister Elizabeth, to settle money and other matters. She might, 'ere long, have oc casion to say that Old Robin ,Gray was very good to her ; she knew his affectionate heart towards her. First they had a threatening letter ; then a wheedling letter in reference to money matters, ho _ping to get the affair settled in that way. By and bye, it would be said that the parties had relinquished each their claim upon the other, and, therefore, that no claim could be set up now on the part of the plaintiff But, in addition to these, a letter was written addressed to the mother of this lady. In that letter he said that on his return to town from Gloucestershire, to him a very wearisome journey, he had learned that Sophia was promising him a very indelicate, iniquitous, and Pickwickery suit again. He could not believe that it had originated with herself, and wished to prevent her from being held up to ridicule for aiming at an old man such as he was for a husband against all causes and reasons on his part. He then went on to allude to the connexion between the plaintiff and a Mr. W. E. Kitchen, who, he said, lived in Northumberland-court, which had written upon it at both ends " Beware," and said that in case she persevered in her present conduct all the circumstances would be exposed. His confidence in Sophia had, he said, sunk materially ; but still he had a kind feeling towards her, pitied and sympathised with her, and although he thought she had dealt unfairly by him, he was rather more inclined to rescue her from the terrible fangs of the laws than, to hold her up to ridicule. If she chose to pursue her Pick wickeries, he would take back the monies which he had placed in her name, to enable her mother to afford her more comfort, and to make her less of a Cinderella or drudge to the family. He had acted under the belief that she was an innocent and artless girl. He wished the mother to read Mr. Kitchen's letters attentively. The engagement bad, he believed, been broken off, because Mr. Kitchen could not afford the match. If he found Mr. Kitchen an eligible match he would do something towards removing that difficulty. It was then suggested . that her object was to unite with him because she knew he could not last long, and she could then unite herself to Mr. Kitchen. He was truly sorry, he continued, for the trouble which Mrs. Darbon must have experienced, occa sioned by Sophia's pursuit of him against all his remon strances. This letter, said the Learned Counsel, was a most artful and designing one. It was addressed to the mother, who of course had the most tender regard for her child, who would be particularly desirous that the breath of slander might not sully in the least degree the reputation of her child. On the one hand he held out to her the chance of an exposure, and on the other he made an offer of compromise. An attentive perusal, however, of those three letters seemed to have changed his mind. On May 11, 1840, there was a letter in his hand-writing addressed to Mrs. Darbon. In this letter, he said he sent, by Sophia's request, three letters of her's, of the 3d, 9th, and 15th of October, 1836, which he had again perused with attention. He did not, be said, .attribute the least blame to her, but he considered it a misfortune to her that she should have been connected with a per son of the description which she mentioned. He begged, in conclusion, that she would give his very kindest regards to Sophia, showing, that upon that date he had passed a deliberate judgment upon those letters. On the 20th of July he addressed another letter to the mother. He said he had yesterday received information from the family attorney, that she had sent him his confidential letter, " totin quoties, or neck and heels." He (the attorney) seemed in great anxiety lest the Pickwickery scheme should be frustrated, by his calling upon and seeing Sophia, and getting her to unriddle the scheme which she had brought upon the tapis. To release them from any further trouble on that score, he assured them that he did not intend to intrude ,any call upon them but with their entire approbation, and he (the attorney) need not hold himself in readiness for meeting him at their residence. The Learned Counsel said the Jury would know that this matter, having been placed in the hands of an attorney, it was altogether unprofessional for the defendant to send a letter to the parties interested. It was to a complaint made in conse quence of this unprofessional conduct that the letter alluded. When speaking of the anxiety of the attorney, " Mine and Sophia's," confirmed this letter, will be a tidy little farce, and may be entitled " A Timely Discovery and Lucky Escape." On the 4th of October, 1841, Mr. Rosser, continuing his course of in sult, addressed a letter to the plaintiff: In this letter he said he lamented much for her sake that she had been placed, or been driven into the trammels of the law, instead of accepting gratefully his philanthropic future boon ; induced purely by compassion for his circumscribed means, and relying; upon his as surances respecting W. E. Kitchen ; but, as she had chosen to pursue her suit against him, he had been under the necessity of searching out those who had been able to interpret Mr. Kitchen's three letters. He had been informed, he said, of many of her adventures, and amongst the rest of her accepting an invitation from an East Indian Captain, and the offence given to Mr. Kitchen by that act. He left it to her whether she would withdraw her abominable action, or submit to an exposure. The defendant next tried the persuasive powers of his poetry upon the plaintiff: But he (Mr. Platt) could not say whether his verses were iambic or trochaic, or of that peculiar style which the writer him self described them " doggrel. —(A laugh.) One epistle ran thus— " Little Sophy, I've not forgot Your loving letters, and what not, For, looking over your long epistles, Therein I find your loving missiles ; Their purpose I will not abuse, Deeming them handsome and of mighty use; But soon the honey being gone, You called for more of that ere long, You higgled, bartered, and cried "Pickwick!" And called to your aid a son of Old Nick. . I find I have with all pain Shown you that all you do is vain ; That cheats of all degrees there are, And China talk is earthenware. Your conduct it is most provoking, And Pickwick's driven beyond joking. These lines are doggrel, I allow, But yet will think they meaning show; But if you come with due subjection, You shall have all my kind protection." (The reading of these verses was frequently interrupted by bursts of laughter.) He (Mr. Platt) could not doubt that the Jury would perceive that all the object of the letters and epistles was to insult and terrify the plaintiff. They were a gross aggravation of his previous conduct. He, therefore, did not doubt that when he had shown them that the character of the plaintiff was irreproach able, and that the defendant had no excuse for his inju rious conduct towards her, they would give her such damages as would satisfy the world that she had not merited the treatment she had experienced. Mrs. Sarah Darbon was then called and examined by Mr. Wright. She said she was the widow of Mr. John Darbon, who died in 1812. His father did not die until 1821, witness having succeded to her father-in-law's bu siness in 1814. In 1822 she gave up the business, hav ing met with some losses in it. Each of her three daugh ters, Sophia, Sarah, and Elizabeth, had been left legacies by the will of their grandmother. Her daughter Sophia a h b a s d en al t w tr a o y m s been brought except t p u t p fo a r t home. ab out Shethree o ha w d never absent she stopped with the Countess Mentalembert. The property to which she was entitled by the will of her grandmother was a little under 401. a year. Witness and her daughters had resided for the last ten years at Hampton, in this county. Mr. Rosser received the rents for her daughters, who used to call on him to re ceive them. Her daughter Sophia went to the Countess Montalembert before the death of Mrs. Rosser. It might be a year or two, or it might be more. It was by Mr. Rosser's recommendation plaintiff went to the service. About a month after Mits. Rosser's death plaintiff went to defendant's house. In answer to Mr. TIIESICER, who objected to the andqu e s d t d o n n , w t n n o e s v‘ s . o s f ai t d h e sl v ie isi d t, id of n h o e t r g o o wn wi k th h now e l r ed d g a e u . g i h i t a e d r s ro e ,fa e As n ‘rr a er l ci e el t ,i t l e ae r i( .:I, f o r u o b in ty ah M INe r r, e . About that tim e was i n t h e h a bi t o f co t m ot i on n e il dka • u t b o g eh b f to e er r re d as a e g i i h wa t e me n r pt i n Apr il, 1837. It coming I n t L h u e oons l ds o eo t r h n. with her daughter,and went generally to Northumber land -street. After the 10th of April recollected the letter now shown to her coming. Her daughter was making a communication relative to this subject when she received the letter, at the time they were at Mr. Robinson's in Northumberland•street. Had been in the habit of going to that house when they came to London. Her daughter went to Mr. Rosser alone, a few days afterwards. Recollected a letter being received by her daughter, begging the acceptance of 201. Recollected Mr. Rosser coming to her house at Hampton, shortly before the burial of the late King. He came by the stage-coach. He came purposely to state the affection he had for witness's daughter, and to ask her consent. They bad a long conversation. Witness felt surprised a Mrs. Rosser's o i z ser n ' o s r dee w e o a u s l e d . Witness t h n e e s p s r ospaoi said i t isohne, couldearly n any of his relations. H e said he must beg. to be excused making his proposals so earl y , as he was af ot af a te p r pr M ove n be engaged at the twe lve months' end. On witness tell ingraidi she might him that his family wou ld not a pp rove of it, he said they wer e well provided, and wo uld not ob j ect. lie said he had always liked her dau g hter since she was eleven years of age. • Told Mrs. Rosser what her daughter had said about himnaming the subject so soon after hiswife's death. He spoke of Mrs. Rosser in very kind terms; but said he could not bring her back again, and h e thought her daughter would make him comfortable. Upon witness objecting to the age of Mr. Rosser, he said he enjoyed excellent health, and was in constitution not more than 30 years of age. Witness told him she dis approved of the match altogether. He told witness that he had amassed great wealth by his own industry ; t h at what he might acquire could be settled on her daughter, a nd that he would marry her at the twelvemonth's end. Mr. Rosser, on this occ asion, was with the m several hours. herlle saw witness's ewri suitor.tn ss 's o n daughterthe followingon t a Sunday t d sx4 addressed Mr. Rosso'. came to witness's house. On the previous interview Mr. Rosser left her house, with the understanding that he was to marry her at the twelvemonth's end. When the defendant came on the Sunday, it was about eight o clock in the morning. He came in a carriage. Witness was at breakfast ; and, upon asking him to breakfast, he said he had had it before he came out. The carriage and horses were sent to the Clarence Arms, Hampton. Mrs. Bennett was vi siting them there. W itness and her daughter went with Mr. Rosser to Hampton Church. He paid great attention to her daughter, and would not have a book to himself, but read out of that which witness's daughter had. After wards went out a drive with Mr. Rosser, who dined with them. At dinner he paid her daughter great attention, and said that Providence had been kind in finding him such an object. Mr. Rosser drank tea with them, and left her house while witness was gone to Church with Mrs. Bennett in the evening. On another occasion went to Mr. Rosser's house, t his written req4esti Ur. Rosser was very busy. ale NS Orist° l N CL ings sc ams P ublic o ho le es 0' 4 ,1 we,