The Sun. — London, England, 1828-08-14 00:00:00

SPIRIT OF THE PUBLIC JOURNALS. We described, in our account of the interest ing conference which took place between the Allied Admirals and Ibrahim Pacha on the Gtli ult. (inserted in our paper of Monday), the earnestness with which the former pressed, and the dexterity with which the latter eluded, the demand for surrendering the Greek captives already transported from the Morea to Egypt, and dis persed in slavery over that country. The French Government, which now takes the lead in every werk where oppression is to be redressed, o r th e glory of a liberal policy acquired, has determined not to listen to the flimsy pretext s on w hi c h th e wily barbarian justified the retention of his hu man plunder —of the fruits of his white slave trade. Accordingly, (as we are happy to men tion from an authentic source), it has appointed a special mission to the Paella of Egypt to de mand the surrender of these miserable bondsmen. This mission will set out from Paris in a few days. It will be accompanied to Alexandria by a force sufficient to secure respect to its claims. and be followed with transports to convey back to their native land such of those Christian victims of infidel violence as have survived their horrible sentence of thraldom.—Times. Our city article dated yesterday describes the suspicion at that time entertained by the mer ehants, that Ministers were perplexed as to th e line of conduct which they would be called up on to adopt in consequence of the blockade of Ma deira, and their apprehension that the Secretary for Foreign Affairs would not soon be prepared to avow the policy on which the British Govern ment had decided. The latter branch of the commercial uneasiness has since, unhappily, been removed. Ministers have acknowledged this unfortunate blockade of the last European port rightfully belonging to a faithful friend and oot meaning the word disrespectfully) depend ent of Great Britain—the blockade of a traitor, a rebel, and usurper, not acknowledged in the character under which he pretends to act by any one Power of the civilized world,—a blockade which affects the property and safety of hundreds of British subjects, inhabiting the island in the firm persuasion that their Sovereign and country would protect them and the state with which substantially they are incorporated. That the blockade of Madeira did much embarrass the Councils of the King's Government, we are ready to believe ; that the recognition of such a blockade, directed immediately against the rights of Pedro, and the interests and honour of George IV., is calculated in the end to relieve the Ministers from their perplexity, we beg leave to retain a considerable doubt. Unless it can be pretended that every forcible Pbstru Ili on in terposed in the way of our national commerce— no matter by what party, or against what party, and without the least regard to the nature or mo rality of the transaction—is at all times and un der all circumstances to be submitted to by this country, and tamely swallowed, we know not how two such blockades as those of Oporto and of the port of Funchal can be honestly recog nized or endured by a British Government. Any pirate power--Algiers itself—might on this precedent insist that England should acknow ledge an " effective blockade'' by a squadron of corsairs, of a port in the dominions of the King of Hanover, provided his Highness the Dev thought fit to advance pretensions to the Hano verian Crown. Would such a case be tole rated at St. James's, we should like to know ? And if not, why is it suffered to militate against the rights' of the lawful King of Portugal ? We are afraid there is some pedantry, or worse than pedantry, at the bottom of this acquiescence in the system of blockade as recently exemplified on the part of England. When the interest of other nations prescribes a disregard of such no tifications as those which announced the blockades of Buenos Ayres, Oporto, and Madeira, who is there but England that has not laughed them to scorn ? This country will gain nothing by their own submission, unless she can induce other States besides herself to adopt the whole code to which she so osten tatiously sacrifices the fortunes of her com mercial subjects. If other States do not ac knowledge the right according to its recent exer cise, (and France and the United States have shown little respect for it in South America), England becomes the chief end gratuitous eu-f -ferer, without the leastchance of indemnification, because the nations which resist it when she is at peace, will not be likely when she is at war to he governed by it ; and she will not therefore re concile them, by merely pleading her own prac tice, to a rule which is abhorrent to theirs, but may perhaps provoke all the maritime states of ' the world to grant convoys to their merchantmen for the express purpose of forcing blockaded harbours. In the King's speech it was declared that his Majesty relied on the august head of the House of leraganza for taking such measures as might best become him under the circumstances which have occurred in Portugal. Now, this expression of " reliance" means a determination to be influenced by Don Pedro in their policy to wards his dominions, or it is - mere empty sound, If, then, Don Pedro calls upon Great Britain to begin by assisting him in the defence of Ma deira against one who is no longer a Portuguese Prince, but being an outlaw, is thenceforth a foreigner, what will he the answer of the British Government to its "ancient ally ?" Suppose that on the part of the King of Portugal Great Bri tain should he requested to take possession o f the island, and to hold it in the na.ne and on the behalf of Pedro until he should be in a con dition to resume it, what , we ask, would be the reply ? It is too obvious that from some fatality or other, the abstract principles, both of non interference and of blockade, have worked, so far as the British Government was concerned, ).n a Wanner the most cruelly (we do not say (lox terousy) hostile to public liberty in Europe. — The Constitution s of both Spain and Portugal, and of Portogal the Crown, are victims to a policy which .aseurnes the above principles: for its bases. The influence of Great Britain in the councils of both thes e kingdoms, and her esti mation with the most respectable inhabitants of the Peninsula, are gone. France justified her invasion and military occupancy of Spain, on their conformity to their "interests' of the former country. She knew' how to distin guish the substance from the . shad ow ,. i " despotism at a( l. °) :r ' is Her and :system then was at Madrid. She ma intained her system, and • illustrated her pourer in the eye, o f every Court in Europe. What she did for tyranny, England dares not do for freedom,---she raises not a hand in its defence. 'Whether in the East or West, France fills the throne which we have abdicated. If captive Greeks are to be redeemed from Egyptian bondage, a Bri tish Statesman tells us that redemption is im possible, because they are already skives—that is to say, that because the injury ha, been con summated, redress cannot be attempted. Dif ferent and more i generou9 has been the policy of i our neighbours, who are . at this moment send ing a special mission to Egypt to achieve that good which is here pronounced to be impossible, and who, whether failure or success (the latter we deem infallible) attends them, will have the blessings of all Christendom showered upon the name of France. So, if, a band of Portuguese exiles—the hapless remnant of the military pa triots of Oporto—are to be cast out from Spain, with no alternative but embarkation for a foreign shore, or death by the executioners of Miguel, how are they to be saved ? These children of British interests in Portugal ! are they to be transported into safety by France or England ?—in English vessels or in French ?—to a French asylum, or an English ? This question is answered in a preceding article.—lLlA. It has often been remarked, that the English ar e clumsy diplomatists, and that when they attempt finesse in their hegociations, they are almost always outwitt e d. The Duke of Wel lington conceived that he could amuse the Rus sians, and ha has been made by them an instru ment for the furtherance of their designs.— Another fine diplomatic artifice has been attempt ed with the French. If Ibrahim can be brought to evacuate the Morea, the French, argued our " Great Untaught," will he without a pretext for an expedition to that country. It was supposed, no doubt, that our fickle and astute neighbours would be quite confounded at this master-stroke of policy. They are not so easily at fault.— There are, according to the Journalist supposed to be most in the confidence of the Ministry, additional reasons in the very determination of Ibrahim to proceed to the Morea. "In the first place (says the courier Fiancais), are the in tentions expressed by Ibrahim Paella sincere and pure - from all intention to deceive ? England has looked with a restless and discontented eye at the preparations for our expedition. The silence observed on this subject in the speech from the throne at the prorogation of Parliament revealed the soreness of the Cattinet of St. James's. —There is no doubt that Ibrahim. Paella has been influenced by the suggestions of the agents of the British Government. Who knows whether the resignation of the Egyptian Chief do not conceal designs with which those even who recommended it are not acquainted ? Might not Ibrahim have calculated that the mere announce mint of his return to Africa would he sufficient to lead the French Government to abandon its expedition ? This project once abandoned, the troops collected at a great expence at Toulon, where their concentration is necessarily very ex pensive, would be almost immediately scattered and distributed among 4 the different garrisons whence they have been drawn. The occasion would then be opportune for putting the last hand to the vengeance of the Porte, and to an nihilate the wrecks of the property and popula tion of Greece. Do not the conduct. of the Grand Seignor towards Russia, the deceptions of Akermann, and the perfidies proudly pro claimed after their commission, in the Manifestos of the Divan, authorise suspicions and fears of this nature ? Besides, even if Ibrahim seriously intends withdrawing from the dangers of his ac- tital situation in the Morea, is it trot of import ance to superintend, with arms in our hands, his embarkation and departure, thereby to prevent the fresh excesses which would mark his with drawal, and serve to alleviate the sufferings of his pride, if he had not to dread energetic repri sals ? Besides"—but we will not follow our neighbours through their reasons, which seem to crowd on them at every step. Alas, for poor EiTlish Diplomacy ! We must, however, put a good face upon the matter, and, as humanity is deeply concerned, be prepared to rejoice that our neighbours have the welfare of the Greeks so much at heart as to fit out a costly expedition to superintend the embarkation of Ibrahim. The persuading Ibrahim to evacuate is the tribute paid by our Government to the cause of huma nity ; and the French, not wishing to be out done by us, have determined to improve the. be nefit, by preventing its being accompanied by any drawback which might be lamented by feel ing hearts when too late. But who will see the French out of the Morea ? It has always been understood, that the stores and troops of Eng land, so near to the Dardanelles, might, on an emergency, bg of some consequence. But what if the French in the Morea, and the English in the Seven Islands, should have different views with regard to the Turks and Russians ? These are ticklish matters. We have no doubt, how ever, that our Government will act wisely, not withstanding all the airs they wish to give them selves of being of some importance, on an occa sion in which they are of very little. The time is not favourable for our interference with effect in the affairs of die Continent. Besides, if we were to be s little ruffled, the Sovereigns might feel somewhat like the witty Dr. South, when he told an old bridegroom of eighty, who inti mated what would be the consequence of his de lay in performing the marriage ceremony, that he might do his worst.—Morning Chronicle. Thong!: the heads of the Civic Body remain as hard and obdurate as Nature originally formed them, not so the Magistrates of Westminster, who, much to their credit, have relaxed from the confined view which they seemed at first to take of the Hotel Art—first, by licensing most those which have applied to them ; and secondly, by an open and laudable avowal of their own wish to see the trade thrown open. To this we have no doubt but it must come at last ; and the present measure, we have as little doubt, will tend, both in its execution as well as in the re sistance it meets with, to the same result. In deed, to talk of a free trade in foreign commo diti,e4, while any part of the home trade is shackled with unnecessary restraints, is a solecism which we must leave the advocates of the former to solve ; and, of all things, the first necessaries of life are the last on which any such restraints should be. imposed, B ut it for the sake of th e morals of the people that the present Licensing system has been established ! If that was its object, it is finite notorio us t h at i t h as eles(si ineffecting it, an d t h at not only and vice have grow n up an d in dt totally en failed is:leriTC)g wings of t h at w hi c h as out, but t h at many licensed houses ark s own and open nurseries o f sj,ease. ; (1 ,3 under , r root o t t t e} fostering continued „par aft er year crime, and, as such , with the full knowledge (and implied consent) of those who possess the power to regulate this precious guard over publ:r vlrtiie. Such having d having failed, as the effects of this system, an. , as it manifestly has altogether, in producing any good at all adequate to its mischief andinconve nience, we hail every approach lowards.that ex tinction which, we trust, however slowly, most surely awaits it. What, for instance, can tend to encourage drunkenness mare than compelling people to drink where they cannot - eat, which Is the case with nearly all the ginshops in the metropolis ? whereas, if the various eating houses, high and b'm, were not restrained from yelling beer, many 3 111311, by completing hiH meal at once, would shun the ruinous conse quences of adjourning to the alehouse after his dinner. We look, therefore, upon this new law, though passed only as a remedial Statute, as one step towards an important alteration in the Licensing System, and as bringing about that circuitously, and by degrees, which the holders of a valuable monopoly could not be brought to surrender openly and avowedly.— lt4rning Herald. SUMMER ASSIZE INTELLIGENCE. NORWICH, TuFsuAr, Aua. 12. Thomas raughan . was. indicted for having broken and entered the church-yard. of the parish of Great Yarmouth, in this county, and unlawfully and inde cently dug and opened a certain grave there, and the body of one Elizabeth Beck, therein buried, unlaw fully and indecently takers and carried away. Th e second count in the indictment charged him with having taken the body of a person unknown. The present indictment was found at the Borough Court of Great Yarmouth, and by the defendant re moved, by certiorari, into . this Court, in consequence of the indignation excited in Yarmouth against the offence committed within its walls. It- happened, that in October last, a tumour prevailed in that town, that the graves had been violated, and dead bodies stolen for dissection. Amongst these per sons was Mr. Beck, whose wife had died in Novem ber last. He attended her funeral, and the corpse was enclosed in a shrowd and dimity gown. The body was missing. This increased the alarm, and mothers, husbands, and all who had lost their rela tives, were seen running in a state bordering on dis traction towards the church-yard; others were ac tually seen carrying about with them fragments of the coffins which had been taken from the graves of their deceased relatives. The excitement through out the town was unprecedented. Inquiries were instituted ; and it was found that the defendant had been far some time residing in the town under cir cumstances of great suspicion. The defondant was observed to go out at late hours in the night, bring ing in some articles in linen-bags, which were sent off in deal boxes in the morning. At first it was supposed that he was engaged in smuggling transac tions; but on farther inquiry it was found that the prisoner had been carrying on, in conjunction with a person of the name of Barber, the illegal traffic in question. George. Beek.---I lot my wife, Elizabeth, on the 4th of last November. She was buried in the public burial-ground at Great Yarmouth, on the north side, near the palisades. I went some time afterwards to the grave, and found that it had been opened by some one : the lid of the coffin was broken, and the body gone. Robert Barber—l lived in Ttereleß. I remember the defendant: corning last year to my father's house, and my father walked away with him. This was after Michaelmas. My father returned in three or four days. He left again, and again returned. I don't know whether he went from home again.— The defendant came on foot the Sunday after. I went hark with him to Yarmouth. On the Mon day night we went to the church-yard, getting over the wall. We went up to a tomb-stone, round which there was an iron palisade. The defendant then began to open one of the graves, desiring me to stand behind one of the tombs to watch if any body came. He then opened the grave, and took out a body. It took about an hour ;he did it with a shovel. I held a bag, when he put the body (a female) into it. Ile then told me to pull the mould into the grave, as he did. Defendant. said, "We'll have another," and we got another in the same way, and carried them to the corner of the church yard. I helped them over the wall, and the de fendant took them both into the stable in Bolter's row. On Tuesday morning we packed them in two deal boxes, putting in sawdust and screwing the lids down. I borrowed a wheelbarrow, and they were put on to the waggon, the defendant having put on a direction. My wages were 2/. a week. Cross-examined by Mr. Serjeant STORK S 7-1 was taken to gaol the week before Christmas. I first talked with Mr. Coble about this affair. I have re ceived a subpoena to appear against my own father in the next cause. A gentleman has promised me that I should get off, if I appeared as evidence in this case. Job Horace proved making the packing-eases far the prisoner; they were two feet four inches long, 14 inches deep, and the same wide. One day, at a funeral, I saw the prisoner attending it : he looked into the graves, and told me the ages of the people buried in them. We made seven boxes in all. The price was ss. tld. This was in October. Mrs. Clarke—l made some linen bags. for the prisoner, but it was innocently done. I'd no 'dear what they were for. I'm so 'fused! They were to be made as long as a woman's gown, and as wide as a woman's apron, and to be sowed with strong twine. Young Barber paid for them. The prisoner and Barber said, " They hoped they should have good lurk." I once saw the prisoner receive and open a letter, and he shook his head sad, and said, " It was but very little," Mr. Serjeant STORKS addressed the jury for the defendant. After which, the LORD CHIEF BARON, in sum ming up the case, told the jury that it was un doubtedly true, that without subjects, as they were called, we could have no good anatomists or sur geons ; but it was the province of the Legislature to alter the law which at present existed on this point : they had only to do with the facts, and upon them their verdict must be founded. The jury, after some consultation, found the pri soner Guilty. MAITLAND, CENT., ONE, &C. V. EINNEEROOK. Mr. ANTmEws opened the pleadings, stating that the declaration complained of two several libels pub lished of and concerning the plaintiff' by the de fendant, in a certain journal called the Norwich Afercury. Mr. Serjeant STORKS stated the case. By this action the plaintiff sought. to recover damages at the hands of the jury for a most gross and unfounded libel on his private and professional character. The plaintiff had exercised the profession of an attorney. ever since 1799 with great success and untarnished fame. In 1814 he went to reside at North \Val sham, in this county, where he was appointed, amongst others, to the clerkship to the magistrates of the hundreds of Tunstead and Happing. It hap pened that the magistrates of those hundreds had appointed Mr. Shickle to be inspector of weighte and measures ; and so zealous was that gentleman in his office, that he gave great offence to the little shopkeepers in the district, who liked not his-acti vity, and who complained that the fault lay not with them, but with the great shopkeepers of Norwich. He found reason, amongst others, of laying an infor mation, on, account of short weights, against one Mr. Mordecai Colk. Mr. Colk was, of course, dis satisfied with the proceeding, and thought proper to vent his complaints in the Norwich Mercury, the defendant's journal. lie attacked not Mr. Shickle only, but Mr. Maitland, who was merely clerk to the magistrates, and had nothing to do with the.infor mation which Mr. Shickle had found it necessary to prefer against him. He accused the plaintiff of mal versation in his office—of pocketing the fees received on informations—and of transactions which no honest man, particularly a public officer like Mr. Maitland, could silently put lip with. The libels were then read. The first concluded as follows : " And now, Mr. Editor, as Mr. Maitland has been so kind as to style me Counsellor,' I will return his kind ness, and counsel hirp in the best manner I Rao able ; and my advice is, that in order to hide the shame, obloquy, and disgrace he has brought upon his own character, he should, without delay, remove to some distant part of the country, where he and his actions are wholly unknown, and there endeavour, by good conduct, to be est•emrd and respected ; " Co buy a rope, that future age may tell, " He has at least laid out one penny well." In the second libel the plaintiff wal charged with " foul falsehood," with " scandalous and gross slan der," with being " a calumniator," and with some thing not very unlike taking a false oath. The libels having been read, Mr. KELLY addressed the Jury for the defendant. Nis Learned Friend had thought proper to content himself with proving and reading only the papers of which he complained; but he (Mr. Kelly) would lay before them the whole history and progress of these proceedings. A Mr. Colk, it appeared, had had some weights seized by the Magistrates of the district in which he resided ; and this fact the Mercury published to its readers in the columns de voted to articles of merely local interest. Mr. Colk thought proper to write a letter of temperate expla nation to the Editor on the subject ; and the defend ant immediately inserted that letter. Not a word of reelection did this letter contain on any individual ; yet no sooner had it appeared than Mr. Maitland thought it right to step forward, and accordingly opens the dispute by a most laboriously abusive and vulgar attack on Mr. Colk ; he talks of that gentle man " having published his own shame," and says that the Editor, the present defendant, " must not be surprised, as Mr. Coll; has set the ball a-going, if he (Mr. - Maitland) keeps it up a little to Mr. Colk's disgrace." He then goes on to talk of Mr. Colk " having circulated his own infamy," and pro ceeds, in a style which skews him to be a complete master of the vulgar tongue, to libel that gentleman most grossly. To this letter the defendant published Mr. Colk's reply, and then came the plaintiff's re plication ; and although Le in that letter thinks fit to assert that "if his unfortunate pen is steeped in poison, he is sure the public will think the venom has been supplied by Mr. Colk," he (Mr. Kelly) undertook to convince the Jury that the venom was of Mr. Maitland's own , furnishing, and that through the controversy be was the libelling party, what was said against him being rather in self-defence than a substantive and originalaccusation against Mr.. Maitland. In this letter, too, the plaintiff fairly put the issue on the country ; he appealed to the power ful tribunal of public opinion, arid expressed himself satisfied to leave the decision of the question to that forum. He also thanks the Editor for his. impar tiality and kindness in admitting his own prolix and vulgarly abusive letters. And could he, after having so done—after courting and provoking the calum nies, if calumnies they be, which had been published of him in the Mercury—can he now turn round and ask a Jury for damages against the Editor of the very paper which had made itself equally the vehicle of his own libels and those of his opponent's ? So this controversy (to use one of the plaintiff's own ex pressions, in speaking of these publications) proceeds for some weeks,Mr.Maitland always soliciting the Edi tor to make the correspondence public,and courting his opponent to come forward and answer his own calum nies. Under these circumstanes, what could the de fendant do ? Was he to admit the slanders of Mr. Maitland, and reject the answers of Mr. Colk ? What if he had done so, and Mr. Colk had com menced his action against the paper; what defence svould the editor have had to such an action ? Literally none; and if he would have had no defence, then was he bound, on every principle of honour and fair dealing between man and man, to publish the replies to the letters 'of Mr. Maitland. Mr. Colk might have been wrong in the question of the weights; his weights might have been properly seized by the Magistrates ; but still he had a right to reply to the slanders published of him by Mr. Maitland - ; and the defendant had a right to insert that reply in the columns of his paper. The Learned Gentleman then read extracts from a variety of other letters published on this subject in the Merrury by Mr. Maitland, in which that person constantly called on the public to decide against them, and begged the defendant to continue the controversy ; never for a moment telling the editor that he should hold him responsible. After a variety of other observa tions, the I.earned Counsel contended that under these circumstances. no action was maintainable.— If he might be permitted to compare small things with great, he would remind them of the most justly celebrated political writings our own language af forded—the letters of Junius. if the author of Junius had emerged from his impenetrable obscu rity, and had brought an action against Mr. Wood fall for the letters of Sir Win. Draper and the other gentlemen who in Mr. Woodfall's publication ar raigned the motives and attacked the conduct of Junius, what would have been the reply, even of a jury of 1777, when the law of libel was not so well defined as at this day ? In point of law, if a person is attacked in a letter which consists of a mere answer to one of his own, directed against the writer of the one lie complains of, no action will lie for a libel contained in the answer to his own - com position; and if, instead of giving the publisher notice not to publish his Own libels, he elects to put himself on the public for their decision, then also no action is maintainable : the presumption of malice is rebutted, and the act is done by the invi tation and at the solicitation of himself. On the conclusion of the address of the Learned Counsel for the defendant, Mr. Sergeant STORKS submitted that the letters of the plaintiff were not evidence in this action. The LORD CHIEF BARON—I think the evidence is admissible in mitigation of damages, hut not to go to the root of the action. I, for one, will never allow, till a decision of the highest tribunal tells me such is the law, that it is an answer to an action for libel in a newspaper to say that the plaintiff has pub lished, in other numbers of the same paper, equally gross libels. The letters were then read, anti in all of them the plaintiff expressly put himself upon the public for their decision, and certainly vituperated Mr. Colk and others with no unsparing hand. Mrs. Angel Lane was then called. The plaintiff called on me since the publication. i told him I thought he was the first aggressor in the contro versy with Colk, and that he had treated Mr. Coll; very unhandsomely, and that 1 conceived the cir cumstance was not calculated to do him (the plain tiff) any good. He replied, "So far from doing me harm, it has actually done me good, for it has brought me clients from all parts of the country." Mr. Sergeant STORKS replied, and The Loan CHIEF BARON summed up very briefly. This was an action for a libel published in a news paper; and it was not denied that, prima facie, there was sufficient evidence, on the face of it, of malice against the person libelled. But then it is said that the plaintiff hail himself made this paper the vehicle of his slanders against the author of this libel ; but he (the Lord Chief Baron) had yet to learn that that circumstance afforded a legal justifi cation of the offence. It was, however, highly pro per to take it into their considerati on i n es ti mat i ng the . amount of the damages they would award to the plaintiff. The plaintiff was entitled to some damages, and they would themselves say to what amount. The Jury deliberated for. some time, and seemed . very anxious to find for the defendant, when The Foreman asked the Learned Judge, whether there was any amount of damages they could give which would have the effect of making each party pay his own costs ? The LORD CHIEF BARON told them that the s mallest coin would carry with it the costs• The Jury again consulted, and the foreman again addressed the Judge, and asked if they might with draw a juror; and being told that that could only be done by consent, and the plaintiffdeclining to do so, t liey again deliberated. At length the foreman said, 'We find for the plaintiff, because we miderctand that in point of law we must; and we give hs,m oue farthing damages : and we Rlzo wish, if your Lord ship has the power, that you would certify, in order that each party may bear his own costs. " Mr. KEIJI- accordingly requested the Lord Chief Baron. to certify, and so deprive the plaintiff of his cost c, which the Learned Judge immediately did WELLS, Are. 11. The commission was opened on Saturday last, and the business of the county commenced this morning at, ten o'clock. Mr. Justice PARK preside:, in the Crown Court. In charging the Grand ANT, his Lordship complained much of the negligence of the Magistrates, in not having, in compliance with the Act of Parliament, returned the depositions at the Judge's lodgings on the day appointed far the open ing of the commission. About half of them had been lorolight to him last night (Sunday night), after ten, and those which related to the most important cases were only handed to him this morning, on entering the carriage to come to Court. his Lordship ha►. ing stated that the Magistrates were liable to he fined for their neglect, went on to make observa tions upon a charge of rape, in which the circum stances were of a singular nature. The woman, Newton, was unmarried, but living in a state o icon cubinage with a man named Triblett, in the house of the prisoner Jenkins. Triblett, upon one occasion, left home with the declared intention of not return ing that night, and (lid not return. In the course of the night the prisoner visited the woman's bed cham ber, and there the fart occurred, to ascertain the character of which was the object of the present in dictment. The woman, who made no resistance s alleged that she was deceived, believing the man to be Triblett, her paramour. Mr. Justice PARK told the Grand Jury that these facts would not support a charge of rape, as the fe male herself had been a consenting party. After some observations on other cases, the Grand Jury • retired. George Howarth was then brought up to receive the judgment of the Court. The prisoner had been, at the last assizes at Taunton, convicted on a charge of having feloniously and maliciously cut and maimed a person named Oxley, with a view to pre. vent his lawful apprehension and detainer. The pri soner was sentenced to transportation for life. No thing else interesting occurred in this Court to-day, except that some persons had the boldness to at tempt a robbery in the Court, and that they not only succeeded in committing (he robbery, but also in escaping. WARWICK, AUGUST 12. The Assizes for this county commenced here yes terday. The cause list contained only eleven causes for trial, several of which were undefended, and the others wholly devoid of public interest. Except a tithe cause, fixed for Wednesday morning, and an ejectment cause, in which the witnesses had not ar rived from Birmingham, the whole were disposed of by Lord Chief Justice BEST at an early hour yester- . day; after which his Lordship assisted Mr. Serjeatit D'Ovtx in trying prisoners for the remainder of the day. The calendar contained the names of SI pri soners, but none of the cases tried yesterday involved any circumstances of interest or importance. James Wood, Wilson, who was tried last Assizes for robbing his employers, Messrs. Goodall and Co., the Coventry bankers, of divers large sums of mo ney, and acquitted, has voluntarily surrendered to take his trial now upon a charge of forgery. Wink less, the accomplice, is also to be tried. A man named John Turner, aged 32, was con victed of indecently assaulting two female children, one eight near; and the other only six years of age, with a felonious intent, in the month of May last. Lord Chief Justice BEST sentenced bins to two years' imprisonment and hard labour for each offence, four years in all. James Barnett, aged 19, was indicted for the manslaughter of Thomas Cartlidge, at the parish of Birmingham in July last. The prisoner was sentenced to he imprisoned for two months, and kept to hard labour. Thomas Mantel, aged was indicted for the manslaughter of Thomas Stephenson, by throwing a hammer at him, which struck him under the ear.— A quitted. MAIDSTONE, Auc. IS. .Tanzes Scudder stood charged with having admi nistered to Susan Cloudy, at Sutton-at-Hone, certain deleterious drngs. The prosecutrix:a girl of ordinary appearance, and apparently about 20 years old, in the spring of the present year, was living as servant with Mr. Nichol son, a farmer, near Sutton-at-Hone. The prisoner was in the same employ, and also lived in the bouse. An intimacy took place between them, and she was led to suppose she had become enceinte in conse quence. Three months after the commencement of the intimacy, she told the prisoner she was in that state. She had then quitted Mr. Nicholson's ser vice. The prisoner met her by appointment after 'she had made that communication, and gave her a small phial, containing a liquid, which he advised her to take. She drank the contents of the phial, and was shortly after taken ill, and vomited exces sively. She has since ascertained that she was mis taken in supposing she was in the family way. She had a sweetheart before the prisoner ; hut was never so intimate with him as she had been with the prisoner. A verdict of guilty was recorded. Sentence was deferred, a point being reserved for the consideration of the Twelve .Tudges, as to whether an indictment for an attempt to procure abortion could hold good in a case where it ap peared that the girl v as not at the time in a state of pregnancy. John Burgess stood charged with stealing a mare, value 20/., the property of Thomas W. Parkhurst. Verdict—Not Guilty. . The prisoner was again arraigned for stealing a horse on the 15th of November, 182 G, the property of Mr. Lewis, of Lewisham. In a second count he was charged with receiving it, knowing it to have been stolen. Verdict—Guilty of receiving it, knowing to have been stolen. He was sentenced to 11 years' trans portation. Stephen Cullen was indicted for burglarionsly en tering the house of Thomas Wraight, a farmer at Challock, and stealing therein 3301. in guineas, half guineas, and 7s. pieces. Mary Wraight is the wife of the prosecutor. On the Rth of December she and her husband retired to bed about nine o'clock at night, leaving the maid servant to fasten up the house. She awoke about i half-past one o'clock, and perceived two persons in the room, one of whom had a lighted candle in his hand. They bad each of them a club. She screamed out, and the men made an attempt to cover her head with the bed-clothes, but she prevented them and got out of bed. Immediately on her so doing, the candle was put out. She ran to the room door and attempted to get down stairs, but was pushed back by one of the men. She then went to the window and called for assistance, when the man who had before stopped her came up and compelled her to desist. He afterwards stood by her, and held his club over her head. The other man passed into an adjoining room, and broke open and ransacked the drawers and cupboard. He returned, and, address ing his companion, said, " There is none there, or I can't find it if there is." He then proceeded to break open two boxes which stood in the bed-room. He ransacked both, but took nothing from the first. From the second she saw him take out a pipkin, in which was five bags of gold. After possessing him self of the bags of gold, he and the other went away. The bags contained money which had been put by as the portions of witneF.a s five daughters. She had plenty of time for observing the men, a nd is quite confident of the prisoner being one of the men. Thomas Wraight, the prosecutot A a llla 4 01 very advanced age, corroborated the sAccatint given by his wife. 40111 Moort - Toft examined—His father keeps the King's Head Inn, at H o llingbrooke. On the 9tli of December the prisoner and another man Mme and had some refreshments. Ho saw the man in company with the prisoner ta ke out a bag of gui neas from his pocket. The bag a ppeared to contain about 0. They then left the house, but witness havinga' a having person m some e suspicion, ei°n'followed th em , i n company with Smith. After walking out of the village, the prisoner and the other man sat down on the road-side, and were apparently engaged in counting money. They sat there for about an hour, and then got up and walked to the middle of the road, and there threw away something, They then HULL MARE:FT.—Aug. 12, From the date of our last circular, the weather was fa vourable up to Friday, but that and the two following days were showery. Yesterday and to-day have been fine, and although we had but a moderate show of Wheat from the farmers the market has been very dull, and the best samples met slow sale, at a reduction of Is. per quarter, and had sales of middling qualities been pressed, a still further decline must have been submitted to. The farmers in this district are now pretty generally engaged cutting their Wheats. 'We have no alteration to notice in the va lue of Oats, hut the demand is trilling. Beans in short. supply, and last week's prices fully maintained ; par ce ls under lock are held at late prices, but ant much passing in them. We have few English Pease offering ; bonded parcels may be noted Is. to Vs. per quarter dearer. Rape seed and Linseed are both scarce, especially the former. and prices rather dearer than last week. Wheat, 01,1 66s. Ms. Now SRA. MI. Foreign Oats, Poland —s. 20s. 22q Small or Feed.... —4. We. IRs. --5..r 55 11 0. Foreign —a. Its. 22s Barley, Norf. & Sut —q. —a. —a. Line. & Wold —4. —s. Foreign —4: —a. Peans lO4. 425. Foreign ...... ...--e. --s. Peane, White —s ...a. Grey ...... —s. 325. 345-lareq 1areq —o We. 40e. Foreign ,.—s. :308.3*. Rapeseed, in bond per last none. Free —l. 23/1 sia DUMFRIES "MARKETS.—Aug 6. GRAll4.—Onr market to-day was plentifully supplied with Oats, both common and Potatoe, Oatmeal, Flour, parley, &r. ; a number of sales were made, and dealing was considered brisk.—The following were the prices :----, s.d. s.d. s.d. s.d. Wheat, Imp. Bush-, 7 0 to 7 6 Butter, 16oz O7toOP Barley 1 6 4 0 Eggs, thaw; 0 5 0,0 20 24 Beef, per lb. Flour, 111 b...... ....... .2 0 2 8 Mutton 0 3 0 5 Oatmeal lli 110 Veal 0 4 0 6 Potatoes, mt. CATTLE 111nam.—Our show this week amounted . 1 0 1,1'76 head of cattle, viz. 681' three-yr-olds and upward'. 431.tw0-yr-olds, 204 highlanders, 320 sticks, 107 queyo and heifers, and 29 cows. The exhibition of drove cattle , entirely surpassed any we have had this season, and con' sisted of Runts, Galloways, and Highlanders. The' best, lot en the Sands consisted of 90 Angus-shire Runts; thi s lot was bought at the lat.; Kinross fair, and for bone and weight we have not seen its equal this year, and can hardly. look for its better; it was disposed of in the evening et . about 131. per brad ; the next best lot of Runts sold for 10/. fis. per bead. The Galloways were every way a good show, and sold quickly; the best lot, principally four-vr olds, brought 11/. 10s. ; the next beet, atuOunting to 100 brought 11/. ; the third lot brought 10/. ; fourth, 9/. 91..; - four lots of three-yr-olds brought 9/. each; several other lots, although a numberof them were out of mialitions_ brought from 71. to 91. Although no prime hats of high— lenders were on the Sands, still the show was considered above mediocrity ; the best lot brought 71. per head—the other lots were disposed of at from o/. to 61. 109. Deal ing in small beasts was not so br4k as formerly, although we don't imagine that price' are any lower ; some lots were driven off unsold. Fov cows were sold. Although dealing in drove cattle was very brisk, and every thing which was good was fold, prices are grievously complaine 4 of, and we were inOrmed that on heavy cattle a fall of Lut , .., per head has takes place within the last few weeks. '1 bi 4 day's show and sale of highlanders was for Barnet fair, which takes ts'ane in a short time. The briskness of sale in Runts, 1-eavy Galloways, &c. was no doubt attribu table to Me approaching great English markets. Melton takes r.'ace on the 21st, and Northampton on the 26th cf: Augsst. MONDAY, AUG. 11.—During this day, and the e nd of .'ast week, an immense number of heavy cattle have passed through this town, from Ireland and Galloway, for Bar net, and the other English maikets, which take place iu a short time. Sheep and lamb-skins are selling here from lld. to 4 20 d% Pigs, 19 carts—all the supply was sold off, but price* are gradually coming down; from Ba. to 15s. per head may he considerecdthe rate of the market. STEAM BOATS.—Although there are at pre sent 20 steam boats (nearly double the number of way pre ceding year) plying regularly between the ports on the Frith of Forth, or directly between them and towns in other quarters, they are all well employed. It was feared that the Dundee passage would not defray the expense of 6 steam packet, yet the Rapid has, within this last fortnight , had an average number of 83 passengers each 44:L. —Cale donian Mercury. walked away. Witness and Smith went to the spot, and found some pieces of paper, and the rem nants of some canvass bags. The prosecutor was re-called, and identified the pieces of paper and bags found in the road. The Jury found the prisoner Guilty, hut recom mended him to mercy en the ground that no per sonal violence had been used. The money produced was given to the prosecutor. THE MARKETS. COAL MARI Pontop Wind50r..,,....,. 31s. Pd. Tanfie/d 'Townley l 3O 4; Willi ngton 3t 0 Hartley 3t 32 6 Ships at market, 9-Shli Walls End Elgin 32a. fII Ditto liell Hobson & Co. 91; 9 Ditto Jetlnond Soughton l'antield Trader. -32 3 sold. ;}4—.—.Unsold, COUNTRY CORN MARKETS DURING TH WEEK. lidan;. , Per Quarter. Andover. Birmingham.,,. • Briclport Cirencester.... Faringdon- Guildford Henley Hereford - flighworth .--- Maidenhead —.., Oakingham ---,. Reading .....,--.., 5a1i5bury.,........... Southampton -- Stroud —......--,--. Tewkesbury Uxbridge %Vantage.-- Warminster .--- Windsor Worcester—..... Wheat. i Barley. S. to s. ns 69 48' 58 59 56 48 55 48 54 44 64 50 16 14 66 46 62 60 68 56 60 60 8I 58 68 52 56 56 60 54 60 55 74 49 68 46 70 - 59 78 53 56 s. to s. 35 42 32 31i 32 39 36 3 , 1 S 6 45 32 43 46 50 30 36 38 42 30 36 31 33 32 34 37 40 28 32 40 42 30 34 28 3e 29 34 37 28 24 34 Oats.. s. to s. 35 42 22 36 26 23 24 26 24 3 t 22 So 26 3 42 23 34 24 38 28 36 22 32 23 26 30 32 20 32 o 2 38 24 :f1 21 28 '24. 30 26 32 24 28 CHELTENHAM MARKET.—Aug. I. Per Bushel. A. d. to e. d. Pet lb. Wheat . 6 6 7 0 Beef Barley Oats ............ 2 9 3 3 Veal Beans 4 9 6 6 Lauih Prase .......... 5 0 8 0 Pork Slay P. 8. -- fit - 46 - 56 _. - - t 2 - 51) - 49 - ' rA) tl. to a. , 6 , 6 7§ , 6 8 BIRTHS. On the 12th inst., Mrs. J. B. Tolkien, of Kenningtom Surrey, of a daughter. On the 9th inst., at Standish house, Stroud, the Lady Emma Pennant, of a daughter. On the 11th inst., at Malvern Wells, the lady of M. O. Benson, Esq., of Lutwyche Hall, in the county of SaloPr of a son and heir. MARRIED. -. • • On the 12th inst., at St. George's Church, Hanorer" . • square, Charles Foster, Esq., of No. 47, Upper Cliarlette street, Fitzroy-square, to Sarah Peart, widow of the late. R. H. Peart, Esq., of No. 11, Wilton-place, K n ights bridge. On the 12th inst., at Glyntle, John Henry Cottrell, Esq., eldest son of Sir John (leers Cotterell, of Garnowst., to Mi ss Pyne J Ess y Brand, daughter of the Hon. Geug ar Trevor. DIED. On the 13th inst., at his residence; Cl a verraont-plare , Pentonville, O. Mansell, Esq., in his titi,th year: On the 12th inst., sincerely lamented by her fames and friends, in her SBth year, 1). - ..rothy, relict of Noirison cover d a i r , Esq., of Limehouse. wife a Mr. H o l mes , o f L yon ' s -i nn , St ran d, a nd of On the 12 th inst., at her residence in Brighton, Eliza" beth, Kennington, Surrey. On Tuesday night, to the great grief of her husband and friends, of a lingering consumption, Eliza, the Wife' of Mr. George Edward Valintine, of Furnival's-inn , her 23d year. On the 15th silt, at Oporto, John Wye, Fig,, of that city, On the 11th inst., suddenly, Mr.' George Shakeshaftr DC Rotherhithe, aged 45. On the 11th inst., Sarah, the third daughter of W. 11 ' Price,Kingsland-place, in her 24th year. On the 13th inst., sincerely regretted, at her residen v i . in Penton-street, Pentenville, after a severe Moo,. nearly 15 years, .which confined her to her bed almost tt' whole time, and which she bore with the most exerriPiatt resignation and Christian fortitude, Mrs. Sarah Ftll%, relict thelate Mr. James Full e r, of du; City-road , her 78d year. e On the 9th inst., at Malvern Wells, Worcestershi whither he had gone . for th e r e covery of his health, I‘ l °, • house M etcalfe, Esq. , of Terrace-house, near Gaineboroufs! • , in the 53t1 year of his age , t o the great of his fs f ro.'Y and friends. r, PatNTED and PUBLISUED by MURDO YOUNCI, at SUIT Orricr, 112, STA4V•TD, LONDOiC H I Iti Tj t;'elet ‘4l9lir,i A Ott, 1 (Is, ~• dar P kik ti e,,,, he ar I tr ee Stra eta N ew Low and 1 Top Comp tweet to E 1 Via o CEN %th e tiegt A. ilty q I La, kpd 8 I,l,ttlei