The Sun. — London, England, 1828-02-14 00:00:00

LAW INTELLIGENCE.-(TIIIS DAY.) COURT OF. KING'S BENCH. STULTZ AND CO. V. BAILIE. This was an: aetion brought by .the famous tailors, Messrs. Stultz, against Captain •Bailie, a gentleman of fortune and fashion; upon a Bill of Exchange for 3861. and also for clothes sold and delivered. The defence set tip was that the charges were extravagant. Mr.. Meyer, the . King's tailor, was called to prove the moderation of the plaintiffs' charges.-=—A silk • dressing-gown was charged 16 guineas ; two pair of white Merino trousers, seven guineas; a silk racing jacket, five guineas and a half, and innumerable .silk waist - coasts ut three piaeas. and a half. each.—Mr. Meyer proved that the articles supplied to Captain Bailie were all of an. extraordinary make. and tex-. ture, and the plaintiffs' , foreman proved that the de fendant desired the articles to , be made of the very best quality: The waistcoats were all lined with silk, and had silk sleeves. The patterns were produced, and went through the Bar, and the foppish taste of the wearer was a subject of considerable merriment, in which even the Court joined. •Lord TENTERDEN told the Jury, that as the de ...fendant ,was not satisfied with the same description . of clothes, as were ordinarily worn by - persons in bis own rank,ite must be content to pay extraordinary prices for what all the witnesses designated extraor dinary articles. Verdict for the plaintiff—Damages 5641.95. being the full amount claimed. •' ; ki: COURT OF EXCHEQUER. THE ATTORNEY-GENEEAT.- V. KING. This was an information against the defendant, whn keeps the Ship Inn,-.at Spalding, for. having ~purchased a certain quantity of illicit spirits from a person named Turban, by whom it . had been smug gled from France. A general verdict was found for the Crown, but it teas intimated that the full amount of the penalty would not ba• enforco. ARCHES COURT. GRIFPITHS. V. REID AND HARRfs.. • Sir Joitzsl Ntentm.!.. pronounced judgment in this cause, which was promoted by Griffiths, an attorney, on a charge of incest against Reid with his niece; Alice Harris. The Learned Judge commented on the evidenoe at considerable l eng th. It . appeared, that in 1809 Reid had a severe paralytic stroke ; and as his wife was also an invalid, it became necessary to send for Alice. Harris, his niece, to assist during his indisposition. Thus far no censure could attach to the conduct of the parties, though, per 'haps, a nurse more advanced in life would have been more suitable than Miss Harris, who was a spinster of ahont thirty years of age. Under Miss Harris's care was the violence of the paralytic attack soon abated ; Reid recovered so as to be able to walk about with a stick, and to ride on horse-. back. It was not made out that his bodily in= firmities were such as to require the assistance of a young female in his reom at night. There was no excuse for this scandalous indecency which was ' greatly aggravated by other circumstances ; for on the 18th of December, 1811, Miss Harris was deli vered of a female,child who died in infancy: This did not occur in Reid's bed-room, but it is proved that she returned to it after her delivery, and no' other person slept in it to assist him during her ab sence. Reid was also active in preventing any in quiries from being instituted by the parish officers. It was not proved, however, that he acknowledged him self to be the father of the child, although one witness did swear to this ; but the facts established a case of violent presumption and suspicion against Reid. On the whole, Sir John Nichol' could not consi der the incestuous intercourse as established; and the Court would always be reluctant in pronouncing the severe penalties which attached to such a crime, although there were in this case circumstances of such vehement suspicion, that the Court dismissed the parties, but without awarding the costs of the proceeding. 1 COURT OF COMMON PLEAS. The . Court were occupied with the case of Wylie v. Furnival, an action on a bill of exchange, in which the _plaintiff was nonsuited. Nothing of: in. terest occurred. PUBLIC SALES.--(THIS DAY.) BY MR. ROBINS, OF REGENT-STREET, AT GARRAWAY'S. , - VALUABLE ESTATES IN LlNCOLNSHlRE.—Consi derable interest was excited this day, amongst capitalists and others, in consequence of the sale by Mr. John Robins, at Garraway's Coffee House, ernof several eligible and highly valuabl e Freehold °bl ii Estates in Lincolnshire, belonging to the Strafford family ; the large room was crowded to e xcess by gentlemen, noblemen, and numerous other persOns interested in the sale. The conditions on which the property was offered for- public competi tion were read; they were very voluminous, and chiefly related to the wills of the Earls of Strafford, from the year 1732 to 1791, and the will of Dame Augusta Hatfield Kayc, dated 1801. After a most eloquent and picturesque description of the estate by Mr. R., the first and principal lot was put up, it con sisted of the Lordships and, Manors of Greetham, with the Graveship and Bailiwick of Greetham, the Manor or Lordships of Ashby, Puerorum, Houlbeck, and Scambesby, with the Court's Leet, Court's Baron, and Copyhold or customary Courts, with the quit rents and fines, ,extending over the various Parishes or Townships of Ashby, Btatott, Claxby, Pluckacre, Farlesthorpe, Fotherington with Uleeby, Greetham, Hagworthingham, Hanseringliam, Holton le Clay, Humberstone, Irly, Miningsby, Mablethorpe, Scamblesby, Scrafield, Saltfleetby, Salmonby, Fatle well, Wainfteet, Wrangle, Winthorpe, and Wineeby ; together with about 1979 acres of arable, pasture, meadow, and wood land, the whole _abun dantly stocked with game. The bidding fore this truly fine property, commenced at 60,0001., and it was eventually knocked down for 67,000/. The Second Lot connected with the same Estate is an eligible Freehold, situate in the Parish of Sal monby, comprisin g a large farm house yard, gardens, and stabling, with 127 acres, one r00 d, 2 35 perches of meadow, arable, and pastur e land ; land tax 71. •Ic. : this produced 3,9701. The Third Lot on the same Estat e is the Manor of Scamblesby, (for which a gatnekeeper is regularly appointed,) and two parcels of arable land, allotted in the enclosure to the late William Earl of Strafford, containing 17 a. 16 p. of land-6401. The whole of the above estates are 'calculated to produce 2,8001. p e r annum. CAPENDISII-S QUA RE.-•• —A valuable L easehold Estate, comprising a spacious family residence, situ ate. No. 1. on the east side of Upper Winapole street, Cayendish-square, with excellent domestic *iliceN• garden at the back, double coach-house, and fire-stalled stable, extremely eligible for . the town mansion of a family of distinction. Held on lease for 99 years from 1799, at a ground-rent of 19/. 10s.- 3,9904 W ZYNIOUTII ELECTION.—THE RD LAYS dot L, Tuzsruy, Fza. 12 Day. Total. Major Weyland 29 50 Edward 13. Sugden, Esq. A viol ent e b ullition of pnpular feeling was ex hibited at Newbury on Thursday. The mother of two female informers came to the justice meeting, to demand t h e informers' moiety of a penalty. No sooner did she ap pe.sr in the street, after her business was known, than she was hoPted, pelted, and ducked. The enraged mob fol lowed her to Greenhatn Common, where they again several times threw her into a hor‘e_pond, leaving her to struggle out as well as she could, and to such a length did they carry their persecution of this kind of treachery, that the won't. (named BINDLE, of Itchingewell,) is since dead ' the injuries she received. It is worthy of remark, as family featare, that two sons of the deceased are in Rea ding, and one in Winchester ,., gaol, f or poac hi ng ; an d h er husband wag a, little wane ago transported for the same o ffence. The two pheasants, the subjects of the informa tioas, weridsliaChed by a 'grandso n , an d so ld b y a d aug h ter, whoa sisters laid the informatiou.,tigth Chronicle. 'e Regiment o f Gravesend, 61 83 guards over 3th Regimen" iom Westmin• inient of Foa l it Portsmouth, giment of 111' steam-vestiel is 1111. iment of Fe° -vessel in th° gimpnt t)1 /6' ;team-vessel 10 rhury. ter at dusk Lssengcr be ,k to a soil' I passed un- I picked it now send it deServing onfess, Sir, )le compre t having so ure it nay Treat man, giing it lost to the nsider the reon, have, considered and have rEE ON 111% I to report 'al interest country in to _British ation to en !an ever be ;tate. —Experience I prosperity t,—impeach le Ways and lade all the to report, lawyers in ree States, as law matter of he imlefati- treat work !xarnple to the nation, [1 and mul lilt perfect your Com lent of our ineiples of ystem, that f the poor tional debt rest of the Is. Your proposing lerfeet and are to sub erring the h instrue ;es of the rich rates, letributing )rt. that in lbjects are ouse, save a right to wise, and :3- evinced estates to , poachers that most 1, namely, only true ing in an he luxury on that a must be quantity asurerl by report, ritish em lerrnanent .s, and a resulting on riding nnmittee, nittee be Ise, whe -1 most in s of the e potatoe t ran - -inquiries -esent au irch, po- irt, that result of medy for Winn be 7ettiain— )n is the .flllooosly ossibility ed effect. Mem.— report, of " Set :ers have intellect, adopted the pub of the into the it there tacked maxims, le libel," claim an but. to e of the Ire have leng, be cation of that a f which legirable boor of h of the i being ret that —if the ;hall be leterip- R" IRISH L s AW II(TEII.IGENCE. COURT OF. EXCHEQUER, DUBLIN, less. 12. The COURT passed sentence upon lEneas Mac donne'', which was, that he be imprisonet EIGHTEEN MONTHS. (From the Second Edition of the Dublin Evening Mail, Monday, Feb. 11:) It c GAltitAllAN V. MAGOIILE. Judgment in this case was pronounced' this day. and as the Judges were not unanimous, their 'Lord ships pronounced their opinions seriatim. Bann PENNEFATItht spoke as fellows :—This ,case ha excited considerable public interest. It is o hweve, „ to be decided by this Court, as if no such interest was felt—as if, in fact, it were an ordinary case of parent seeking for damages for the seduction of hi, child. I consider this verdict to have been obtaine(' by conduct unjustifiable, to say no more of it, on th, part of the defendant himself, and I do .not fin. that the answering aflidaVit of the defendant so full and satisfactory in many essential por tions of it as to induce me to come to tiv conclusion that this verdict should stand. I ta,k( it as of the utmost consequence to the administra tion of justice, that neither party in a case shall exercise any influeue over the . witness of the. other I take it that the stream of justice must b( polluted,' if either party be permitted to tamper wit': the witnesses of the other,- and if one Of the parties in a case get possession of the other's witness, am by intimidation, or any other means, .prevent that witness from deposing, then I take it a. verdict had under such circumstances cannot stand. In my vier: of the case, that chaTe has been fully substantiated against the defendant. I think it must be manifest that Catherine Alginveeny was the witness of tin plaintiff. The,case of the plaintiff is this, that twe letters, alleged to have been written by the defend. ant, were delivered to Anne M'Garrahan by Win weeny. Unquestionably prima facie to make out a case fully it was necessary not only that the hand writing should be proved, but also the actual deli very of the letters. The plaintiff proceeded and gave evidence of the handwriting, and there that portion g the case rested, without calling a witness to prove the delivery of the letters.— At the close. of the plaintiff's case a call was made by Connsel for the defence for the prodte tion. of .this woman, but she was not produced b) the, plaintiff. The non-production of this witness wre. relied .on by the defendant's Counsel, and the plaintiff was taunted with holding her back. Well, the defendant's case proceeds, and on the cross examination of some, of his witnesses, it appeared that this woman was seen with the defendant's wit nesses. What appears at the close of the case i' Why, that she is produced by the defendant, and tendered for examination to the plaintiff's Counsel ; plaintiff's Counsel, however, declined, and I think properly declined, examining her, and not only from what appeared to them at the time do I think they were:right, but from what has subsequently been divulged. For what has, since appeared ? Why, that M'lnWeeny was brought to town by defendant, subpcenned ty him, and lodged in a house in Dublin with his other witnesses. Was this done by the defendant because he wanted her testimony himself, or was it done to keep her from being examined by the plaintiff. Let those, .questions be tried by th e result—and - what has the result been ? Whythe witness vas never examined by the defendant, and this being the case, it is fair to infer that he got possession of her to prevent the plaintiff from examining her. 'lt is clear that the defendant, or his legal adviser, did not think her his witness, or if they did, why not examine her_? But why, it may be asked, (lid he not produce her ? It is said that her character was blasted—that she was a woman of such infamous character, one so polluted, that they could not trust her—when did the defendant acquire the knowledge of .her pollution ?---when did he acquire the knowledge of her character? Was it after he had brought her to Dublin? The Learned Judge then went on to declare his opinion, _that she had been kept back for obvi o u s reasons - . 'by the defendant, and that his plea of her being unworthy of credit, was untenable, inasmuckas he bad been proved to have kept up acquaintance with " that polluted wretch"-Dillon. Now with respect, continued . the Learned Judge, to the letters which the defendant admits to have written, nobody can read them Without at once seeing that they are most material. One of them, that to Anne, proves a di rect intimacy with the plaintiff's daughter, and con tains an acknowledgment on the part of the de fendant that an intimacy of a very close kind indeed had taken place between him and the girl. I con sider those other letters material in the highest degree ; and the witness who could give most information relating to them, has been kept back by the contrivance of the defendant. I think the defendant has b een gu il ty a l so o f a suppress i on of. the truth with respect to these documents. It is said. that defendant, in four different places, denies, the charge made by the plaintiff. If he did deny it once fully, it appears strange to me that he should so often recur to It. The first denial relied on is, that_he is innocent of the charge stated in the plaintiff's declaration, namely, seducing his daughter to injure plaintiff's property. With that swearing the defendant does not appear satisfied, and he goes on to swear that h e n ever h a d criminal intercourse with -the girl. Criminal intercourse is, a matter combining something of fact, but much more of the opinion of the person stating the circumstance.— What one person considers criminal, another may not. It must be recollected that the defendant is a priest in holy orders—and we must also recollect that but for a particular statute, a marriage celebrated by priest between a Protestant and Roman Ca tholic, would be legal, even though the priest himself should be one of the parties over whom the ceremony : was performed. It is -charged that such a ceremony did take place, and that it was performed . ,by Maguire himself. When* Jane says I.come -from your victim, Mr. Maguire is sworn to have replied,, not my victim but-my wife. „I say, it is highly probable that he might. have con aidered that intercourse not of a criminal nature; and therefore when I find that this fact which is so prominent in the case has not been denied by the ' defendant, I cannot satisfy my own mind that he has in any of the four places denied sexual inter course. There was another part of the case relied on the trial, and which planistiff might not 'have isupposed it possible to controvert, but which, it appears, the Jury took up very warmly—l mean the delirery. of Anne M`Garrahan, at Man chester. It was attempted to be proved that the story was all a fabrication. The defendant does not state that she was not with child even en his belief. With respect to the letter produced by the defendant to Anne M'Grarrahan, and which she swore was dic tated by him, is that fact and it is a most material one—is it denied by the defendant ? No such thing. I am, therefore, I think, borne out by the facts, when I state my conviction that it was written by the de fendant's desire, to answer a particular purpose. On the whole, I consider that justice was n o t done, that the defendant by his misconduct has prevented wit nesses from attending, and therefore my judgment is that the verdict be set aside with costs. Baron isvCLELLAND followed, and perfectly coin cided in all that had fallen from Baron Pennefather.. Baron Surrn then proceeded to deliver his judg ment, which differed entirely from his learned brethren.. The CHIEF BAKON then gave his judgment briefly, which Was, that the verdict be h s ayeot aside with the ts meguire therefore entire costs of the action. ie,2. Gtt •‘ On the 2d instant , two then, who had pre viously quarrelled, met at Wargra ve , p erks, vbere they set to. Both parties had been contendin g for come time, when one of them, whose name WIIS HOGBORNE, received a severe blow from his adversary, which killed him instantly. What renders the above fatal occurrence the more afflicting i s , that HOLBORN E was seconded by his father and brother ! A verdict of " Manslaughter" was returned against the other man, who has been committed to Reading gaol.— Bath Chronicle. ENTAIL LAW OF SCOTLAND. Our readers may not be in general aware of the fact, that the proprietor of any piece of land or house, in Scotland, has it in his power to destine -both the succession of his property, and the terms upon which those who succeed to it shall hold it. A Scotch Laird can, by alibiing his name to a. piece of paper, -regulate the order in which his estate shall descend through all future ages, whilst an individual can be fOund who can show that he is the heir of the• last favoured person who enjoyed the estate 1)5- a ,deed ; written ,generations prior to bis birth. Hecan stipulate that no debt shall_ be coutracted, and that the estate shall not be sold under the penalty of the heir, so disobeying the orders of his great-siTeat-great great grandfather, losing the property ; and the nul lity of the sale or contraction of "debt into the bar gain. This is legislating for future ages with a vengeance. The landholders of Scotland have thus the power of locking np every pere of land undo: the fetters of au entail, or, in . other words, of de . - daring that land shall no longer be. a saleable cam ; modity. This is already the case with more than !the half of Scotland, and the evil is rapidly increas ing. The fact that such is the case, gives a melan choly picture of human nature. The system was commenced by a proud aristocracy, who seized with avidity any Scheme which the wicked ingenuity of lawyers could suggest, for preventingtheir descend ants from ever mixing with the plebeian part of the community. Pride of birth is a notorious attribute of Scotch character. 'Whether the Entail Law was -originally the cause or the effect of such a universal disease as the. family pride with which the 'Scotch are now infected, it is 'difficult to say ; but it is most' certain, that in their course to their present magnitude, they have aided each other hi no small degree. It is one of the infirmities of our nature, • , that people - are more apt to imitate the vices mail the virtues of their superiors. The people of 'Scot land, instead of setting themselves in opposition to the measures dictated by the pride of those who first adopted them % set themselves to imitate them. In stead of shunning the disease by which ttleir haughty aristocracy was tainted, they became themselves in fected by it. Every man who could purchase a few acres of land had it in his power to make it into a fa mily estate. The inferior classes of society were not to be outstripped in folly by their superiors; and, if they had it not in their power to make their de scendants Peers or Baronets, they could make them the next' thing to it, "Sawizeys of that ilk." As family pride became more and more the predominant feature of the Scottish character, the Entail Law became more perfect, until, •at length, the Legisla ture interposed, in 1685, to give it complete strength and:security.Thins we see that pride fostered the law,and the law fostered pride, until Scotland arrived at that blessed state in which she now exists, with consi dembly 'more than one half of her territory fairly shut out of the market. • . We shall endeavour to point out some of the more prominent evils which such a state of matters must and do produce. In Scotland men come into the world with the certainty that they must, in spite of late, succeed to an estate, if they live long enough to see their fathers safely deposited in the church. yard, and a certainty that any extravagance they may commit cannot deprive them of their property, which is sure of going to their own children, free from their debts. - Figure a young man coming into the world with such certainties before him. He knows that his father cannot disinherit him, let his conduct be what it may. Here is one powerful check upon immorality and disrespect to parents sacrificed to Scotch family pride. The very knowledge that they must succeed to their fathers' estates, generates a spirit of opposition and disrespect, which would not exist where , there are no expectations at all. As the English Poor Laws, by extracting by force what ought to be given from pure benevolence, smother up and extinguish the feelings of charity on the one hand and gratitude On the other, so does the Scotch Entail Law deaden and stop the growth of the mutual affection that ought to exist between parent and child. If it left the natural authority of pares is over children entire, it would not be objectionable on that score.; on the contrary, however, it net only creates a feeling of in dependence, but also stirs up a spirit of rebellion on the part of the child, hick must in its turn produce in the heart of the parent jealousy and dislike, where nothing ought to dwell .but pure and unmingled parental fondness. Let it not be supposed that this is an imaginary evil. We know. from experience that it is the way the system works. Nor does the evil stop there. Young men brought into the world and educated with the prospect of succession to entailed estates, are those who are destined to lead the fashions, and give a tone to society at large. They inevitably look forward to the day when they are to supplant their parents. They are, in the lan guage of Scotch society, " young men of great pros- . peets " and they comport themselves as such. They look forward with impatience to the time when the old boy will pop off. As might have been expected, this stylerof thinking has spread from the high and influential 'classes of society, through all who are capable of aping the manners and adopting the opinions of their superiors. In Scotland, young men are not estimated by their quantum of moral attain ments, Or Mental endowments, but by the extent of their prospects and possessions, calculated in acres, or pounds, shillings, and.pence.. In Scotland a mar. riage is only considered good if there be a good estate in question. We may be wrong in attributing this corruption of moral feeling, in its whole extent,' to the law of entail. It would exist to a certain extent under any system, but we are confident that. 'to that source Scotland is indebted ,for a very large portion of it. - National - character is mainly formed by the institutions under which men live. We do not doubt that the Scotch are naturally more calcu lating than their southern neighbours, but it is to the feelings and sentiments generated by the entail law that we must look, as the cause 'of the Scotch being proverbially .almost a• nation of Jews. Scotchmen are taught from their cradles to regard worldly pos sessions as the god of their idolatry, and the law univisely-sanctions such mean sentiments, by making careful provisions for preventing men from dissipating what has once been accumulated by some rake-hell miter. The Seotch continual contact with the system,of law, the faults of which we have been considering, cannot possibly be ,sensible of the in fluence it exercises upon their Opinions and moral feelings.. Family pride, and the desire to acquire riches, are the mainspring of a, Scotchman's actions. We have endeavoured to lay open what we consider to be oneof :the principal causes leading to, this blemish, upon the national character of the. North Britons, To'eXplain our views fully, would occupy more space than can be'devoted'to such a subject in the columns of .a newspaper,, and, we shall for that reason defer our ' o bje ct i ons to t h e l aw o f enta il , viewed as agent, until another opportunity: COURT HIGII OF' JUSTICIARY, EDIN BUJ:GIL-0u Monday ANDREW Eve.,tivr, labourer, residing at Broken -bridge, in the parish of Libberton, was placed at the bar, charged with the murder of lIENav PENNYCOOK. It appears that EIVART formed one of a partyat Libberton, who were in the habit of watching the church-yard, in order to prevent the spoliation of ;raves by r e sur rec ti on i s t s . Unfortunately the deceased (with ' whom EIVART was on the most friendly terms) was on the 4th of December, last engaged in the p.a . = occupation, and being mistaken by his friend for a resurrection man, was shot by him. Evidence being adduced of the fact, the Jury returned a verdict of murder; but strongly recommended the panel to mercy ; first, on the ground that the deceased was his friend, against whom he bore no malice ; secondly, that his character had been hitherto irreproachabl e ; and, thirdly, that he had fancied himself justified in using fire-arms for the protection of the church-yard. Lord GILLIES then ad dressed the panel. The Court had no alternative but to denounce against him the last and dreadful sentence of the law. It never had before been his lot, and he trusted it never would be so again, to denounce that sentence against an individual for whom every feeling of commiseration was so powerfully roused. He (Lord GILLIEs) had read cases of fictitious distress; but this was one of real calamity, which far surpassed any fiction. His Lordship, after sonic other remarks, read the sentence of the Court, ordering Ewattr to he executed at Edinburgh on the 19th March. THE KING'S COURT. His MAJESTY held a Court at three o'clock yestcr • day afternoon, at the Royal Lodge in Wirideor-parlc; which was attended by his Royal Highness the Loan HIGH ADMIRAL, the-LORD CHANCELLOR, the First Lord of the Treasury, the Lord President of the Council, the Lord Privy Seal, the Secretary of State for Foreigu Af fairs, the Chancellor of the Duchy of Lancaster, the Judge Advocate-General, the Lord Steward of the Household, the Treasurer of the Household, Lord MARYBOROUGH, Viscount Gonzarcir, and Mr. WYNN. Captain EDWARD FELLOWES, R.N. was presented to His MAJESTY, 'On his return from Navarin, by the Duke (O . CLARENCE, on which occasion he received the honour of Knighthood. Sir Jofirs Brom was introduced to the KING, sir! kissed hands upon his being appointed Judge-Advocate- General. His MAJESTY held a Privy Council, at which the no minated list of Sheriffs for the different counties of Eng land and Wales for the present year was pricked for by 1 MAJESTY. Mr. Bum.ra attended as Clerk of the Council, Earl DUDLEY officiated at the Council for Mr. Secretar. PEEL, who was prevented from attending by his engagements in London. His MAJESTY gave audiences to the Duke of CLARENCE, the LORD CHANCELLOR, the Duke of WELLINGTON, Earl 'BATHURST, Viscount GODERICH, and Mr. WYNN: The Marquis CONYNGHAM officiated as the Lord in Waiting, and Sir WILLIAM limn, was the Groom hi Waiting. The Court broke up a little before five o'clock. Earl DUDLEY, Lord MAayaortoucx, Sir JOHN BECKET_ and a select party, afterwards dined with his MAJESTY a,f dip Royal Lodge: The Duke of CLARENCE gave a grand dintitt yesterday at his residence in the Admiralty to a numerou' party of naval officers. Among the company were the fol.. lowing:—Lord NA PIER, Lord WILLIAM FITZROY, Sit. W. JOHNSTONE HOPE, Sir CHARLES MALCOLM, Sir CHARLES ROWLEY, Sir T. PEcnEtt., Sir N. T. WIL LOUGHI3Y, Sir MURRAY MAXWELL, Sir JOHN GORE, Sir R. KING, Admirals SOTHERON,. DIORY, DONNELLY, S. C. PAGET, MARTIN, and JONES; Captains BOWLES, DEANS, DUNDAS, COUCH, MONTAGUE, MAXWELL, &E. The Earl of ABERDEEN gave his Cabinet dinner to his colleagues in office, at his residence in Argyll street, yesterday, for the first time since his appointment to office. Mr. Secretary PEEL, Mr. Secretary Bus- KtssoN, Mr. CHARLES GRANT, and Mr. HERMES, had a long conference yesterday afternoon with the CHANCELLOR of the EXCHEQUER, at the Right lien. Gentleman's resi dence hi Downing-street. Mr. DRAFFEN, the King's Messenger, was sent off on Tuesday night, by Mr. HUMCISSON, with de spatches for Corfu. The Marquis of LONDONDERRY entertained a large party to dinner yesterday, at Ms house in Park-lane. The Dowager Marchioness of BALl§Btray entertained a distinguished party todinnet• yesterday, at her house in Arlington-street. . Lady GWYDYR entertained a 'Select party yes terday evening, at her house in Piccadilly: The Marquis of ANGLESEY is 110 W on his way to Ireland. His Lordship's horses reached Dublin on Saturday last. The Margravine of ANsPAcir died on Sun day morning last, and *as buried on Thursday ttiorning, her own carriage drawn by her four favourite greyi bears, ing her to her last hem ; a long string of carriages fol lowed.—Bath Chronicle. MARRIAGE IN HIGH LlFE.—Yesterday were married,. at St. George's t - -HtmoveNsquare, JOHN HALES CALCR.AFT, Esq. eldest son Of JOHN CALCRAFT,' Esq. M.P., to the Lady CAROLINE MoNTActl, youngest daughter of his Grace the Duke of 111 a NCIIESTER. FASHIONABLE ARRIVALS.—The Earl of Macclesfield, in Conduit-street ; General Gascoigne, in South Audley-street; Dowager Marchioness of Exeter, in Privy-gardens, from Roehampton ; Mr. and Mrs. Henry Dawkins and family, at their residence in Queen Anne street, from their seat, near Sandgate ; Mrs. Lane Fox, in Stratton-street ; Sir Claude Scott, Bart. in Bruton street ; 1111.. and Mrs. Spencer, in Grosvenor-street ; Mr. Samuel Bosanquet, in Upper Harley-street; Admiral Har vey, in Clifford-street ; Mr. William Howard, in Park lane; Mr. Andrew Lawley, in Grosvenor-square; Sir Gore Ouseley, in Bruton-street; Major Mercer, in Albe marle-street, from Paris ; Mr. and Mrs. Scott, in Hano ver-square; Colonel Broderick, in Pall-mall, from Italy; Rev. William Gamier, in Grafton-street ; Sir William and Lady Jane Houston, at their house in York-street, St. James's, from their sea in Sussex ; Sir Robert and Lady Buxton, at their house in Harley-street, from tlmir seat in Norfolk ; Mr. aid Mrs. Egerton and family, at their house is St. James's-square, from their seat in Cheshire; the Hen. Colonel Anson, at his house in Curzon-street, May fair, from Melton Mowbray ; Lord Charles and Lady C. Cavendish, at Burlington. House, Piccadilly, from a tour; W. Whitmore, Esq. M.P. from Hastings, Sussex; Ed ward Orme, Esq. and family, at the Berners Hotel, 13er ners-street, from their seat, Stanmore Hall, Stanmore; Osgood Hanbury, Esq. and the Misses Hanbury, at ditto, from their seat, Oldfield Grange Park, Essex.; at ditto, from Southall Park, Middlesex ; General Sir Edward Stopford, Bart. at the Royal Hotel, St. James's street, from Berks ; W. F. Campbell, Esq. M.P. at ditto, from his seat in Scotland ; J. C. Tupper, Esq. at ditto, from Oxford; William Boyd, Esq. at ditto, from Kent; Miss Trelawney, at the London Hotel, Albemarle. street, from Cornwall ; E. B. Clive, Esq. M.P. at the Burling ton Hotel, Old Burlington and Cork-streets, from Here ford ; Colonel Clive, at ditto, from Hereford ; Montagu Cholmeley, Esq. M.P. at ditto, from Lincolnshire; the Rev. Mr. and Mrs. Hamilton, at ditto, from their seat in Somersetshire ; the Earl and Countess. of Somers, at Thomas's Hotel, Berkeley-square, from their seat in Surrey. DEPARTURES.—Lord Deceis, from the Bur lington Hotel, Old Burlington and Cork-streets, for Chel tenham ; Lord Robert Spencer, from his house in Arling ton-street, for his seat Woolbeding, Sussex; Alexander Davidson, Esq. and the Misses Davidson, from the London Hotel, Albemarle-street, for their seat in Northumberland; the Rev. Mr. Forrester and son, from the Royal Hotel, St. James's-street, for their seat in Shropshire, Lady Gore Booth and family, from Thomas's Hotel, Berkeley-square, for Paris ; Captain and Mrs. Knight, from Cavendish square, for Brighton. • ARRIVALS AT THE NEW STEINE HOTEL, Batc:iTow.--,Marchioness of Cleveland, Mrs. Burgess and family, Mr. Lampton, Mr. Delane, Mi.. Doughty. 'ARRIVALS AT THE ROYAL SUSSEX HOTEL AT TUNBRIDGE WELLS—..Mr. Wing and lady, Mr. and Mrs. Berkeley, Capt. Lane, Mr. Kitchener and friend, Dlr. Lotherington, Mr. Cox, Mr. Robins., ARRIVALS AT CIIELTENHAM.--:-001011C1 Duffey, Colonel Peach, Rev. Wm. Nicholson, Rev. J. Robley, Rev. Mr. Hopton, Captain Stewart, Captain Yeoman, Mr. and Mrs. Ogden, Messrs. A. Hillhouse, jggulden, Lewis, A. Campbell, St. Vincent Ricketts, Bute, Harrison, Murphy, Lloyd, Jones, Fisher, Powell, APKensie, Latimer, Maxwell, Rugg, Hartley, Parry, Ogden, Sawle, Manley, Binfield, Cox; Mistresses Green, Davies, Webb; hisses Martin, Tyler, Hatch, Fielding, Welchman, &c. ARRI VA LS AT BATH.--Marquis and Marchioness Palmella and suite, Earl of Lisburne, Lord and Lady Selsey, Honourable Mrs. Ryder, Count Lutiolf , Sir William Burd e tt, Sir William Call, General Orr, Colonel Lech mere ; M a j ors Knox, Butler, Jackson ; Dean of Kildare and Mrs. French ; Captain and Mrs. Fe s ti ng , Stephenson ; C a pt a i ns Shute, Fuller, Rice, Wright, Blades, Claridge, White ; Rev. Mr. and Mrs. Wickham, Templar ; Rev. Messrs. Bingham, Smith and family, Vaughan, Thomas, Hart ; Mr. and Airs. Custin, Wickham, Hugh, Smyth, Pigott, Brown, Harris, Garlick, Foote, Bateman, Stapleton, Strong, Norton, Phillipson, Morgan, Purnell ; Messrs. Hartley, Clutterbuck, Call, Wright, Knox, Lech mere, Alexander, Tucker, Luce, Franklin, Daubeny, Ha ien, Vaughan, Lewis, Lambert, Butcher, Eyre, Bishop,' Bullock, Fellows, Gordon, Hamilton, Lester, Griffiths, Nash, Brown, Bell, Conolly, Bunn,' Shew, Whitaker, Hartley, Graham, Hayne; Mistresses Dick, Blackwell, Kenedy ; Captains Alexander, Ancrum, Morison ; Misses A. Stoddart, Leslie, Hall, Boardman, Foot, Stock, Barra, Day, King, &c. &c. SUFFERINGS AND PRESERVATION OF THE CREW OF THE BRIG TRY ,AGAR. (From . the . Greenock Advertiser.) Our readers are already acquainted with the lo•- of the Try Again, M'Lintock, a fine new brig of 290 tons burthen, belonging tti this port, in tic month of October last; but of the privettions of ON.: .shipwrecked crew nothing has yet been state ,4 ; though these were of the severest description. The following narrative we have collected from one of the sufferers:— On the 1101 the Try Again left Quebec, timber loaded, for Liverpool. Ncrthing particular occurred till the 22d, when a heavy gale came on from the north-Weit, and continued, without - interrtiptkil4 till the.24th, when, in lat. 44. 30. N. long: 37. W., just before - it abated, the vessel then laying to, a tremendous sea struck her, and washed' four of the bands overboard, ,carried aMill,' the main-mast un der the rigging, and the foretop - mthl about two feet above the cape ; swept the decks of everythbto, boats, cambouse, &c. , sprung the rudder-head, an d it was snpposed started some of the planks, in the b t h o e t t tojtmi her Two r two , James the e s Robertson, Dun can Weir, steward, the latter m belonging to Helens ‘o of men seamen, e board ae again, b ut n ,and burgh, perished. The vessel was then found to be water-logged, and every exertion was made 'to secure the hatches, &c. to keep her afloat ; but she continued sinking. . The necessary precaution of• bringing upon deck a quantity of provisions had abo been resorted to; an accident, however, not long after, rendered this. unavailingl as, ,about dusk, a sea got in on the quarter, and swept all off, leaving the entire crew, thirteen in number, totally destitute of subsistence. They were now - Obliged to betake themselves for safety to the fore-top, or rather to the bare cross trees, and to Which they lashed themselves, the boards of the top being knocked away ; and to add,to their affliction, when day.dawned on the morning of the 25th, the hatches were ascertained to have burst up. It was two days after before the Weather moderated, so that the crew could"leave their perilons and desolate position, to seek for sustenance. On Saturday, the 27th, however, they succeeded in . getting a piece of beef, which had washed up the hatch, and the following day two or three other pieces of beef, and the still more valuable acquisition of a cask of water, which was extri sated from the steerage, where it lay underneath a log of timber, with the assistance of the carpen ter's axe, and some other tools, which bad most pro videntially been saved. With the aid of these tools, also, the top was then again boarded, and some can- vas fixed for shelter. The small stock of provisions was treasured up , with the most anxious rare, and served out at the rate of one ounce per man in the morning, and another in the evening; but even with this miserable allowance, it was totally exhausted on the folloviritig Sunday, the 4th November, leaving the famished crew nothing bet: the remains of the cask of water to supply the cravings of nature. All that time no change had taken place in their forlorn situation. l'he appearance of vessels in the distance, had, indeed, repeatedly raised in their breasts hopes of deliverance; but these were short lived, as it Was hot till the preceding Friday, that , any one came so close as to diseern them. About sunset on that day,'however, they discovered a brig bearing right doWn upon them. The weather was fine, and the moon was at full, when about nine o'clock the brig came so close that they had no doubt their deliverance Was at hand. They had now been eight clays on the wreck but a few ounces of beef remained to divide amongst them, and with, the exception, of the cask of water, nothing stood be tween them and a lingering death. Eight or nine ves sels had passed them, butt at such a distance, that it was impossible the small portion of the brig visible, a mere speck upon the ocean's sttrfate s could be re cognised, or their dreadful situation discovered. Now, however,'the hand of Providence seemed. to. „be guiding the wished-for succour directly. in their path. They could not doubt that the wreck war seen, that the vessel, would lay-to, and that boats would immediately be. despatched to their assistance. All heiirts beat high with expectation, or rather thankfulness i for they now counted' their sufferings as at an :end; how then must they have been ap palled, and-sunk into the lowest depths of despair, when, at this moment of high-wrought excitement, and when they had just sent up a simultaneous cheer of joy for their imagined succour, the ship . altered her course, and, bore away from them . That the wreck had been seen there could scarcely be a doubt ; and the moon shone so- brightly over the deep, and the weather was so moderate, that no difficulty could have existed on the part of those on board the unknown ship in putting out boats for the purpose of examining it : but the wind was fair, and the vessel in full sail—the emotions of curiosity were therefore counteracted, while those of humanity were dead. [ lnstinct alone with feelings of self-preservation, they probably dreaded coming in contact with floating timber, and if they suspected or knew that there were living beings on the wreck before them, they perhaps calculated on being obliged to stint them selves In . , their daily food, if they unwittingly per mittedtheir.numbers to be increased by following the dictates of humanity. Be this as it may, or from whatever cause it arose, the vessel altered her course, and was soon ought of sight. From that time no other ship Was seen ; and day followed day, in monotonous succession, 'without the slightest change in their situation; Or the faintest gleam of hope dawning to relieve the despair which now told them to anticipate the most horrid death which man can die. Sunday, the llth, came and went; still no relief appeared; • Sunday, the - 18th, arrived; and, saving an occasional descent to the quarter4eek, when the weather permitted it to re main uncOvered,nei solace whatever interposed to ren der 'their 'predicament - more bearable. They had now - subeisted- the incredible space of two weeks on water :Ilene! Gloomy and 'desperate thoughts had become familiar to thein ; and, to aggravate the . condition' of the famished men, the pre carious sleep they were suffered to take was disturbed.by.strange dreams of their being seated at tables abundantly covered with viands .of every description, but which dropt from them, as tbey at tempted to raise the food to their - mouths. This vision was not peculiar to one or two; but common nearly to all. At length even the deadful idea of casting lots, by which one might be sacrificed for the support of life in the others, - came to be enter tained, but. was discarded as more horrible than death itself to the survivors. In this deplorable plight,- twO other tedious days were destined 'to pass on; but at the end of that tiine,when despair was on the 'eve of prompting to suicide,'a kind Providenee sent to their aid the long-looked for, but now scarcely ex pected, • relief. Om the morning of Tuesday, the 20th November, ,atolayright, once more a sail hove in sight; two handkerchiefs, stitched together, 'and elevated on a pole, was the only signal which the forlorn crew could make to attract attention ; fortunately in this instance it did so, -the vessel altered her course, and, at mid-day came close to, and sent two boats aboard. lirottVitlistantling the unparalleled extent of privir: dons the crew had endured, and the king time the,: d i tilt had been without any, other sustenance than ,wafer , their deliverance re-animated them so Tar, that Oetr,_ l .. . all of them were able to leave their hickle h, s i s out assistance. Theship which had come to i gr i r P r h s i cue was the Alexander, Capt.Bolville,of certain death ; audl,w.r.sere safel treated the men he had saved kohl l t a e d n e d l e p r hi car a f e ro a n i i id L a iv tte erp n o ti o u l i ... wNitoht.sh%Tigc heothnladtae:xdecneteie na) and they all rapidly recovered, landed' at Philadelphia; on the 18th ecember. just four weeks after being Philadelphia the•crew of the Try gam receive( farther assistance from the British Consul, who sew them round to New York, from whence the Cap. taro, mate, and a boy, sailed for Liverpool in thi Jam e s ct ro pi se s, where they taken tt A t e . uvreek. A , landed about a fort night since, and three of , the hands, includist Ou, inforniant, arrived here in the Cantilliii,.int Tiiesdas last. THE SPIRIT Or 7 HE PUBIAC. JOURNAL 5. Its e very ,strongly. recommend to the atten tion of the public.a letter in this day's journal, signed " Motion.", The subject is, tl troubles which destroyed the late Ministry the writer, by reasoning, arrives at more: certain conclusions than he could have attained by who's ig ordinarily called goad information. I‘;Ye have unconSticktsly coincided with - him in;:iipinion, that Lord Goderich-when he found-. that Mr, Huskissou and Mr. Herries no longer o o agree, gh t t and o eredtihietirsigresigliation— shabvoe.l acceptedtcrid nation , of him whose principles seemed most in --opposition to .those of the:Administration of whit4binsself was chief; hathen 'Loft' Goderich is.no a prompt and decisive, but W very amiable - NaY's further, it appears that Mr. 'Terries was Apt only at variance 'with Mt. fluskision .on the Choice of a proper Chairman tbr the Finance Committee, but that he differed also from the Premier himself on this important -point ; for Lord Goderich says, again and again, in his expository speech on Monday eveninp-, that he himself approved of Lord Altholp as chairman ; and notwithstanding that, lie • places.-the opinion oj ha h i ls ioel o lo w sub r n ofth al e te u rn in office xehegoer to ( f t o h r e ski, is .Lord r i cl Treasury)dtliat iii of C e t u lo il3 n 6 ia is l 6 Se w e 'i r t e h ter h y i u s niZ opinion °of ai i and then goes and troubles the Kinc an ui a But still his Lordship . is, no hn! ! a oru very amiabl e 'nail. • The King would more ami a bl e , if h e h a d t a k en that trouble upon himself which he imposed upon his Majesty ; and the nation woula have owed - his Lordship a reasonable "degree i d t o Fe biti thought him of respect for a proper proportion of energy, instead 'of its unbounded love for his vast amiabi lity. It is thus•that Lord Goderich Speaks of Lord Althorp and of his qualities as chairman —"1 adinit that at this time it was mentioned to me - in the Cabinet, that there was a desire, in which I and two sight lion. Friends of mine participated," to place a - certain indivi dual in the chair of the Finance CoMmittee—a Noble Lord,indeed, (Lord Altho - rp,), - st.flo /tad every eminent qualification which that." . Office required. I have known him long : : anirhave alvvays had for him the 'Most sincere n;- bard. I believe and . know him to -be a man of the most incorruptible integrity,— a man fit for arduous 'business, and -emi nently conversant with all the . financial points which must necessarily conic under the review of such a' Conimittet. • This Nobleman, then, has been lost to the nation as chairman, through the opposition of Mr. Herries, to whom Lord Goclerich gave him up by an appeal to the King. It is a great pity that his Lordship was so ami able. But this is not all. Had it been a just matter of dispute, Mr. Flnskisson and Mr. Her ries both tendering their resignations to the Premier, which should be • accepted hy'him,— had the pretensions of the two parties to office been exactly balanced, and the appointment of e chair te L moi ri o ett r tui d eine: A sbiti l aei t iea h i nnc o en i: se l o t n o f a i t l t c t i l e g i jofruality, , f c,e... t rc h aul dc Finance ota c : o fi: m r:sa - : dent head of an Administration, under such r which became a member ofthe Admioistration ;and then 'he Would hare discovered that Hsiskisson formed a natural and unalienable pint ol'the Can- . mug Ministry, whereas Mr. Herries beeame Chancellor of the Exchequer long subsequently an d, in truth, no one, if he - were to die for hii`ignorance could - tell how—by a - series Ofinis understaudings—by a train of untoward mishaps —by cross-iini - p_oses, and . crossings on the road to %S laws. Ilse ywi asinine(' as a colleague without Clioia pss f s ,ence•-•s - -Clisas - owed . ,. re placed, kissed 'l`ii hands by acclent, and did -the official work of necessity. But to:4 Goderich is too amiable a man to remember the -Priginal sin or primitive taint of any one' Our 'ewe' . spondent speaks of Mis*Herries as prompted by' others in the work of bearding Mr. Huskisson, and dissolving the late_Ministry. And, in truth, we. observe from Lord Goderich's speech (the circumstance is most remarkable), that the Chan cellor of the Exchequer did not take fire when it was first mentioned to him that I.orcUAlthorp had been selected, he (Mr. Herries) knowing nothing of the fact. Algernon says . "He waited till the wires were pulled , " isLord Godcrich's siatenielo. ;—" I ‘lish to guard my self- (says his Lordship) against the slightest idea that I was hostile to the appointment of the individual (Lord Althorp) who v as in this man ner nominated to the chair of the Finance Com mittee, and was only anxious that the mode and circumstances of the communication with him should be 'clearly explained, and reiriisved faun any misunderstanding; and with thiS view I contrnunicated with my Right Hon. Friend (Mr. Herries), in the most conciliatory m - anner upon the subject. It did, however, so happen, that on s tlie next, day my Right Hon. Friend in formed me that he had very strong objections to the course which bad been taken !" " The next day," Mr. -Herries, " the next day ?" So, when a man breaks your head, you wait till next day before - your indignation breaks - forth ! Lord Althorp is talked of, and talked to, as the per son whom it is desirable to constitute Chairman of the Finance Committee, and being informed in a conciliatory manner of this -behind-flack work,. you take a day to consider of it before you express your dissatisfaction. The scripture - • says, "Be ye angry, and - sin not. Let npt-the sun go- down upon your wrat • But yot: let wrath , the sun go down- before your wrB-begins rWorkg and being put' in motion, i t ebb. and flows like the tide, —may we not_ say, at the command of others ? H For a correspondence took place between Mr-- erneS and Mr..}lll . 5- the latte r kisson, which both gentleman and Lord Goderich had th o good ,easy men" L--was sa tisfactory to all the parties con cerned. „ Ap d this business," says his. Lord ship,place at tho f . • - e end orembes b e ginning . - and the of Deceniber. I lA'as s not led to think at the • time, that if this , ppOint m ent we re Z!' . sisted in, either of 11* Right Honourablel.-riends would have thought it im possible to remain in the Administration :and it Wei not until the 22d of December 'that I received a letter from in Right Hon. Friend (Mr. Berries), announcing, that if the appoint ment of Chairman of the Finance Committee were persisted i n , it wo uld be impossible for him to remain any longer, a member of the Admini stration !" Has not our correspondent,- then, obvious and undeniable truth on his side;'-when he says that Mr. Herries . waited - till the `wires were pulled before 'he moved or was 'moved ? Or is it not'at least clear, that he went somewhere at intervals, to assure himself; ever and alson, of countenance and stippprt, betiveen every thrust that he made at Mr. H uskisson's ,life as a'pOliti cal Man ? and , at length beine, assured - and con irmed up to the sticking point, be stands firm, secure of the issue, and the Ministry is dis solved. And let not any one suppose that we and L'llh