The Sun. — London, England, 1828-12-06 00:00:00

tr reward them for their evil or good actions. But then, the punishment and reward extended not beyond the limits of this life, in the parties or their offspring. There is no point on which Divines of every country—since Warburton called attention to the subject—are more agreerh than that the Mosaic Law contains nothing in dicative of a belief in a future state ; and this belief originated in a subsequent period of the Jewish history. But the prisoner knew what he was about. He did not ask the witness, are you an _Atheist ?- But do you believe in a future state of rews. r d s an d punishments? Now itis di s ti nc tly laid down by Phillipps, on the authority of a number of cases, that 4 , Infidels, who believe not that there is a God, or a future state of re wards and punishments, cannot be admitted in any case. Here, then, we have a Magistrate, on his own belief, that there cannot be such a personage as an Atheist—an Atheist being exclu ded from giving testimonraccepting a witness, who, though he may or ma y not be an Ath e i s t, expressly s t a t e d t h at h e did not believe what the best authorities say is necessary to be believed, to entitle hint to swear in a Court of Justice. What a door is here opened to arbitrary power. One Magistrate is anxious to commit a prisoner for trial, and he sets aside a well-known rule of evidence, by virtue, first, of applying an erro neous term to a declaration of faith, and affirm la, that the tern, though the subject of a pro vision in law, applies to a non-entity ; and then by failing to perceive that, independently of the term Atheist, the particulars disbelieved amount to the precise disqualification of the law. An other Magistrate, anxious to mortify a prosecu tor, or to favour the escape °fa prisoner, will lay in wait for a pretext to class rt witness among the per sons disqualified by law. What may not be done in this way? But see the absurdity of this qualifica tion. A material witness may state truly, Ido not believe in this or that, and justice may. he defeated. The very same witness who has Leen rejected, retaining his former belief, may be purchased to give false evidence, and wh en asked as to his beief, say, I was rejected on a former occasion, it is true, but 1 now have changed my mind ; I believe- now what every good Christian believes, and his evidence must now he received, though the presumption is so much greater that he speaks falsely the second time than it was the first. Will a man, deter- Inined to perjure himself, be - such an idiot as to disqualify himself by a declaration of unbelief ? Were there any way of reading the inward man and ascertaining what the belief actually is, there might be some ground for making the belief ;I test of admissibility. But the logical blunder is, that the man who, is supposed ready to perjure himself is yet believed in his statement of the qualifying or disqualifying circumstances ; and that what ought to be a presumption in his fa favour—for if he wished to lie he would lie all through—is turned again;,-t lihn. Besides, see th e mischievous consequence of enabling men un willing to give evidence to escape the punish ment of perjury, by falsely calling themselves Atheists, which prevents their being sworn. If men were, immediately after makin, such a de claration, taken from the b ar ,-t o - t h e 'lnqui s iti on , this might be some check ; but a declaration may be made one day, and recanted another with im punity, by a person indifferent to public opinion —Morning Chroilide. There can no longer exist any doubt that the taw of forgery is opposed to almost the univer sal feeling of the country. We are not aciluainted with any subject on which public opinion is so nearly unanimous. Nor do we wonder at it. A law which deals out punishment, not according to the nature and degree of the offence, but on a cruel calculation of the effect of sanguinary examples, must ever be revolting to the - reason of a civilized people ; and the more so, the more enlightened they become. That this law must, sootier or later, he abolished, for one more con formable to the principles of justice, we firmly believe ; but, in the mean time, it is shocking to think that the scaffold has its victims just as plenteously as if th e general voice of the public were not raised against it. A gradual and prac tical reform has taken place, with regard to the punishment of death, as applied to several other crimes. Who ever hears of a sheep-stealer being hanged now-a-days upon any one of the six cir cuits of England ? The crime is capital on the statute-book, but, though the judgment of death is recorded against the offender, it is never in flicted, because the improved sense of justice at the present day, arising out of the advancement made by Christian civilization, has made the feelings of the Bench revolt against the execution of a p un i s h ment so dispropor honed to the crime. But it is said by the few, who would have Mammon propitiated on the scaffold by periodical oblations of blood, that the commercial, an d, a b ove a ll , t h e b anking interests, require that he w h o d e f rau d s b y t h e . u t teran ce of a forged die the death of the murderer—and that, it t hi s i s not justice, it ow are of opi n i on , is, at least, pixy. e, howeve r , that the policy of the law is never so sound as when it i s b o ttomed on the principles of justice. We need not here repeat what we ha ve b e f ore • urged in reference to this question, that th e v i„. dictive character of the law makes considerate and humane persons prefer suffering any loss by forgery, rather than, by pursuing justice, make themselves the instruments of a sanguinary reta liation. Hence many forgers escape with total impunity, while others, who fall into the hands of those who consider money a more sacred pos session than human life, perish by the hands of the executioner. Again, if the Banking inte rests require that forgers should be hanged, surely thefarming interests equally require that sheep-stealers should be put to death. So it was thought by those Legislators who made sheep-stealing a capital crime ; but an en lightened sense of justice has 'discovered that their reasonino , was erroneous, a nd th e extreme senten ce , though c verbally pronounced, is practically repealed. When bigamy was a capital offence, the prosecutions for that crime were very rare, because: people in general were reluctant to prosecute, through a tenderness of life ; but now that the law of capi ta l punishment for this offence is repealed, the cases of this nature that come into Courts of Justice are far more numerous. Not that society have become more demoralis e d in this re4pect, but on account of the spirit of the law being no longer, by inordinate severity, opposed to th ose natural feelings of justice which God has implanted in the hearts of mankind, as well as enacted in that code of sublime morality which his holy religion reveals. We shall not here ask the rigid admirers of sanguinary punishments why, in a land where forgery is visited with death, the adulterer—that poisoner of the very fountain of domestic happiness —that desolater of the charities of life—has not a hair of his head touched by the fing;:of criminal justice ? Is it because we worship Mam►non more fondly than we venerate virtue ? We would not extenuate the guilt of forgery—but we would have the law that punishes it consistent with reason, and consistent with itself. 'I hese remarks apply to the question of the law of forgery in a general point of view—but when we recollect that another victim of this revolting lawis ordered for execution on Monday, we cannot think that the voice of public opinion cantle too often or too earnestly raised against a law which is productive of so many exhibitions that shock our common nature, and are disgraceful to our eiviliza liotl. We remember no case of forgery for many years in which the circumstances of mitigation were so strong, and the call for mercy so general, as that of Joseph I-lunton. It must be a case, indeed, worthy of the exercise of that truly regal preroga tive which gives its purest lustre to the Crown, when the Grand Jury who' found the bills of in dictment, and the two Juries who tried the unfor tunate man, have petitioned the throne for mercy, —when the merchants and underwriters of Lloyd's have also supplicated the Executive Power to:inter pose between the law and its victim, and award some punishment more commensurate with the offence. It surely never can be wise, any more than just, to execute a criminal whose crime is so far beneath the tremendous severity of his punish ment as to make him an object of, we may say, uni versal sympathy. We do not advert again to the security to cover their losses which the prosecutors held in their hands, but leave the subject with the hope and confidence that the power which rescued Savary from death may find a no less deserving object of its mercy in Ilunton !—Morning Herald. The efforts of the Protestant People of Great Britain and Ireland for the defence of their Church and Constitution have in no degree abated. If we have not daily to record the formation of new Brunswick Clubs, it is only because the whole of Ireland is already overspread by them, and that al though arrangements for their establishment are in progress in almost every part of Great Britain, their necessity in this part of the Empire, however visible and universally acknowledged, is happily at the same time not felt to be so urgent. This Protestant organization, already perfect in Ireland, and gradually advancing towards perfection in England, is not, however, to be appreciated by the sensation it creates as it advances step by step towards maturity. Its real value must consist in its ~„ permanent influence upon the temper and feelings of society, in its effect to stimulate the languid, to con firm the wavering, to embolden the timid, to strengthen the feeble in the cause of Protestantism and the Constitution—in affording an open and visible point of re-union to the thousands of lofty, resolute, and unchangeable spirits that are de voted to that holy cause—in letting the enemies of the Protestant Church and Constitution of these realms know that they are watched with vigilance, and watched by men who ere fully prepared to repel every assault upon either with vigour and una nimity. The effects, the solid practical effects, which have already flowed from this Protestant or ganization, are of incalculable value. It has even in the infancy of its strength humbled and confounded the Popish faction in Ireland. Six months ago, the Popish demagogues, the instruments and slaves of the Popish Hierarchy, had determined to demand from every Irish Member of Parliament, as the con dition upon which he was to be allowed to retain his seat, the utterance of a shibboleth, importing enmity to the British Constitution, the deepest personal de gradation to all who pronounce it, subserviency, mean, profligate, unreserved, unhesitating, and per ' petual subserviency, to the wishes, of jects, and dictates of the - Popish faction. Now the degrading and infamous pledges arc heard of no longer ; and this we confidently ascribe to the glorious Protestant organization of Great Britain and Ireland. For several years the Popish dema gogues, well knowing that the Papists arc always, by virtue of the tenets and practices of their religion, organized under the authority of their Priests, and that the Protestants of Ireland wore not orga nized at all, have been in the balit from time to time of bolding over the latter the threat of exclu sive dealing, in order to terrify them into abject submission to the encroachments of Popery. This insolent threat has been resorted to, not once or twice, but fifty times during the last seven years, ' and not merely by subalterns in the Popish ranks, but by the great leaders, O'Connell, Sheil, Law less, and in short by all who have ever been sup posed to possess any considerable share of influence or authority. At length the daring proposition is distinctly made. It is at first fully sanctioned and loudly applauded by all the great leaders and all the rabble followers in the Associa- tion; and assuredly it would have been adopted by the Popish Authorities, and once adopted by them, would have been implicitly obeyed by the superstitious, degraded, and enslaved millions, sub ject to the odious and pernicious tyranny of the Romish Church—but Protestant Ireland, unfortu nately for the demagogues and their demoniac pro ject, had just completed her organization. The Protestants were now prepared for a combined and effective retaliation; and what was more important in the eyes of the demagogues, to whom the mi sery and destruction of Protestants or of Papists arc equally matters of indifference, provided they can thereby promote their own selfish ends—the measure of exclusive dealing would have been com paratively harmless to the Protestants, now leagued together for mutual aid arid protection. These considerations compelled the brutal and furious demagogues to pause. The measure could riot, in the new and happier circumstances of the Pro testant community, produce its intended effects; and the selfish dread of defeat and disgrace turned the Demagogues aside from a project against which the voice of humanity cried aloud, and would unquestionably, but for the defensive preparations of the Protestants, have cried in vain. We claim then boldly, for the Brunswick Clubs, the merit of hav ing preserved the population of Ireland, and more especially the Popish population, from scenes of con- distress such as never before were mit, nessed even in that country. We might mention as another effect of the Protestant organization, the postponement, sine die, of the great Agitator's ap plication for admission to the House of Commons ; or in other words, the indefinite postponement by professed Agitators of an occurrence so congenial to their characters and so favourable to their pursuit, as a new election for the county of Clsre. This is not perhaps in itself of much importance; but it speaks emphatically of diminished confidence and distract ed councils among the leaders of the Popish faction. forning Post. A n old farmer in Hampshire, who was verY • r i c h , an d w h ose s i lly neighbours were ersuadin hit to have his daughter taught music, said p , "Na 1;. tdk " of music, indeed ! gi' me two flails and a cuckoo." I dare say that this saying was as old as the English language. The two flails make a very pretty soun d at all times. The voice of the harbinger of summer is also delightful ; but here was the idea o f wealt h most aptly assoc i ated with pleasing sounds. The cuckoo never comes unt il o ld May , o n f a andy t , he yetariv., indicates o , flails itte•a go s that there is a good store of grain in the barn at that distance f rom the precedin g h arvest and therefore the farmer is rich. — Cobbett's Treati se. FILEY, DEC. I.—From the sudde n c h ange in the wind this morning froni w , N.W. to E.N.E ., it blowing a tremendous gale, the ships upon th e coast had n o t warning nor time to get off the land. By daylight, We had several vessels off the hay, with signal!' of di s t ress flying, one a barque, with her main and mizen masts car. ried away. It was impossible for any boat to fare the sea, although, an hour before, the ercws of the fishing boats 25 in number, had contemplated going out to fish. Most providential, however, it was that they all did not ; for, in the opinion of the oldest fisherman, not one could have returned. The Life Boat was promptly prepared and manned, and every possible exertion made; the fisher men and the men on the preventive station used their most strenuous efforts to aid the Life Boat establish rnent, and it affords me the most heartt'elt and gratifying pleasure to inform you, that out of twelve ships and one sloop that have come on shore, not one life has been lost. The only casualties I know of (and I was an eye witness to all that passed) was a broken leg of the master of one of the vessels, and a fractured arm of one of the seamen. had the, gratification to see a mother and her infant borne through the tretnendous Waves and landed in safety. There were several females saved, and from one vessel some sol diers. There are five ships on shore at Scarborough.— York Chronicle. POLICE INTELLIGENCE. GUILDFIALL. THE TWENTY-PENNY SWINDLER.—This worthy, - Thomas Rogers, alias Thomas Dugdale, alias Thomas Steel dale—who, on Wednesday last, was charged with having ordered a pair of new boots, merely for the sake of cheating the boot-maker out of twe►tty pence —was brought up for further examination yesterday ; and the Justice-room wits crowded by a number of tradesmen and tradeswomen, from each of whom he had contr►ved to extract just twenty pence ! A Mrs. Jackson, the wife of a dealer in shell-fish, deposed that on Tuesday night last the prisoner came to her husband's shop and ordered two bar rels of oysters to be sent by coach into Yorkshire. He gave Iris address," Mr. Rogers, cheesemonger, No. 16, Fore-street," and told them to send a bill and receipt of the Oysters to his house. But he had not left the shop five minutes before he came back, saying—" Oh ! I have to settle a small account with one of your neighbours and I am short of twenty-pence—could You lend me such a thing? -_ and I'll return it when I pay for the oysters." The twenty pence was lent to him ; but the fish monger, thinking there was something wrong, 'sent to No. 16, Fore-street, and found the house occu pied, not by " Mr. Rogers, a cheesemonger," but by Mr. Jacobs, a gold-bearer. Mr. Alderman GARRATT asked the prisoner whe therhe had any thing to say in reply. to this charge; and he answered with a plain unadorned—" No." Mrs. Anne Harvey, the wife of a chair-maker at Shoreditch, then said—" Last Saturday morning the prisoner came to my husband's shop and wanted to buy some chairs. He fixed upon half a dozen at seven shillings each, which he desired might be . sent to his address—" Mr. Rogers, Three Jo!ly Butchers, Old-street-road." I promised to send them, and he went away; but in a few minutes he came back again, saying, Could you lend me such a thing as twenty-pence want to settle a little bill just by here, and they can't give me change for a sovereign.' I gave him half-a-crown, and he said he would bring me the difference in a minute or two. I have never seen him from that day to this, and I should not have had that pleasure now, if we had not read in the newspaper that such a man was in custody." Mr. Elliot, the proprietor of a carpet and floor cloth warehouse in Friday-street, was the next com plainant. From hint the prisoner ordered twenty three yards of floor-cloth, calling himself " Mr. Thomas Stockdale," and desiring the floor-cloth might be sent to his house in London-wall." He then went away, said Mr. Elliot, but in a few minutes he came back again, saying he had a little account to settle in the neighbourhood, and was short twehiy-penee! I lent him the twenty-pence. A number of other complainants offered them selves, one of whom said the prisoner had been carry ing on the twenty-penny game in Marylebone for the last two years, and that there was scarcely a tradesman in that extensive parish who had not been defrauded by him of twenty. peace ! Tire prisoner was co►nmitted. BOW-STREET. A tall military-looking gentleman, with a sallow visage, and a Wellington nose, appeared last night before Sir R. BIRNIE, his person enveloped in a splendid cloak trimmed with fur, and advancing to the bench with an air of mysterious importance, ad dressed the Magistrate in an audible whisper thus : Stranger--I have to complain, Sir, of a gross out rage on my property and person. Sir R. i3IuNIE immediately laid down his pen, and told the gentleman to proceed with his com plaint, adding, that he should have every assistance from him. Stranger—l was walking peaceably along the Strand, Sir, when I met with a woman. (Here the gentleman came to a full stop.) Sir R. &ERNIE (rather impatiently,)—Well, whar then ? Stranger—l %vas taken to a house, Sir. BIRNIE—Taken to a house? You mean to say that you walked to a house of your own free will. Full grown people usually do so Stranger—l was deluded, Sir, to the place—that is, your Worship, I was decoyed. Sir R. BIRSIE—WeII ! suppose you were : what happened then.? Stranger—l was abused and robbed. Sir H. ThitmE—lf you want my assistance, Sir, to recover your money, you must be more explicit, otherwise I must trouble you to apply elsewhere. Who robbed you ? Stranger—l was knocked down by three females, your Worship, one of whom was the woman I met with in the Strand. They wanted me to treat them. Sir R. BIRNIE—I dare say they did. Go on. Stranger-1 objected to do so. Sir R. BIRNIE—Quite proper. What then ? Stranger—They scratched my face. Sir R. BiuNlE—The d—l they did! Stranger —And tore my cloak. Sir R. BlRNlE—lndeed ! Stranger--And called me a bilk, and a blackguard. Sir R. BIRNIE—WeII, well, let me know what you've lost. You could not expect to hear the language of polite society in a common brothel. Pray come to the point, Sir; you say you have been robbed. Stranger--I have, indeed, Sir. Sir R. BIRNIE (with renewed impatience)--Sir, you told me so already. I want to know the amount of your loss, and whether the money was in gold or bank -notes. The stranger hesitated, and at length declared that he lost but 4s. " Pilo!" said the Chief Magistrate, " I really thought, Sir, you had lost something considerable. Why, 4s. between three women is only Is. and 4d. .a-piece : scarcely worth your while to prosecute, Sir. Besides, these unfortunate women always look for a little money, when gentlemen of your appearance condescend to keep them company." " But, Sir, I was decoyed," said the stranger, and shamefully abused, not to mention loss." Sir R. BIRNIE, losing for a moment the better part of his patience, exclaimed in no very courteous accent, " What do y ou want me to do, Sr ?" Stranger—l—have come to complain to you, Sir. Sir R. BIRNIE—WeII, Sir, I have heard your complaint, and I wish you a good night. The stranger looked dubious for a moment, glanced his eye at the chief magistrate and then at the clerk, and drawing his cloak round him in a he sitating manner, repeated the MagistMte's " Good night," and withdrew. MARLBOROUGH-STREET. Yesterday, a gentleman came to this office, and addressing one of the Magistrates, stated, that he was induced to come forward from having seen in the Times newspaper of that morning, a report of a case in which a charge of rape was preferred against a gentleman, named Smith, residing in Easton-place, New-road, by a female servant of his household, and the commitment of Mr. Smith to take his trial for the alleged offence. As the truth or falsehood of the accusation made against Mr. Smith omit, the gentleman said, in a great degree rest upon the cha racter of the parties upon whose testimony it is at tempted to be supported, he (the gentleman) felt it his duty to come forward and state what he knew of the females (for he had no doubt they were the same) upon whose evidence Mr. Smith's life was put to hazard, and he should not considn- himself Justified in suffering a moment to escape without publicly communicating for the ends of justice what he was about to state, although he is a married man, and the association of his name in such a manner with females of such a description might not be very creditable, o r tend very much to increase his do mestic happiness hereafter; but all these risks he would hazard for the cause of truth and justice. The gentleman then went on to say, that about a fortnlght ago, at a late hour of the evening, he was passing in the neighbourhood of the New-road, and met a young female, who ac costed him, and he walked and conversed with her for some time. He - asked her where she resided; and she told him sot very far off, and she would give him an opportunity of seeing if he would accompany her. lie did accordingly accom party her, and she conducted hint to the door of a very handsome house, No. 15, Euston-place (the re sidence of Mr. Smith), where she knocked, and the door was opened by a respectable •looking elderly female, an Irishwoman. [Here the gentleman gave a description, which exactly answered to that of Mrs. Roebuck, Mr. Smith's housekeeper.] The young female whom he accompanied to the house, then invited him in, as did also the other female; but seeing that the house must evidently not be the re sidence alone of such women as he had supposed them to be, but must be the house of some gentle man, who was no doubt then from home, he declined the invitation ; and although be was urged and pressed very much to go up stairs by both women, he refused, and did not proceed any farther than the street-door passage, and got away from their solicitations as soon as he could. He observed also, he said, that both the females were at the time in a state far from being sober; and, on tie whole, he set them down in his mind as a pair of very abandoned women.— Since be had read the report in the Timcs, he went to Euston-place, to satisfy himself that Mr. Smith's was the same house to which he had been led by the female, and he found it as he supposed it was. The fact was, he had not seen either of the women since, but he should know them any where again. (The gentleman here gave a description of the girl who led him to Mr. Smith's house, which answered very closely to that of Jane Byrne, the prosecutrix of Mr. Smith.) These facts the gentleman said he was prepared at any time to • come forward and declare on oath, however unpleasant it might be for him to do so. The MAGISTRATE asked the gentleman if he was any friend or acquaintance of Mr. Smith ? The gentleman replied, certainly not; he had never seen or heard of Mr. Smith to his knowledge in his life before he read the name that day in the Times news paper. - The MAGISTRATE said, that the gentleman's state ment might be of great importance to Mr. Smith, and a communication of it should be made to that gentleman without delay. The gentleman then left his name and address with the Magistrate, and expressed again his readi ness to come forward at any moment his presence might be required. Plank, the chief officer, stated that a gentleman, a friend of Mr. Smith's, called upon him at the office the evening before, at rather a late hour, and asked him to accompany him just then for a short time, and that he (the gentleman) would at that mo ment point out the prosecutrix, Jane Byrne, walk ing the streets like any girl of the town. He (Plank) however declined to interfere* in the mariner the gentleman wished, but advised the gentleman him self, and some other friends of Mr. Smith, to mark the circumstance, and note the girl's proceedings. A young man named William Morris presented a bundle of fine linen shirts which he had found on the roof of the house in which he lodged, on looking out at the window of his attic when he rose in the morning. Not being able to discover any laundress from whom the linen had been stolen, ho brought the bundle to this office. Clements, the officer, who was employed to investigate this matter, soon re turned with another young man named William Clifford, whom he found asleep in a part of the premises from which it was easy to communicate with the place where the bundle had been deposited. According to the statement of one of the officers, he had been tried three times for felony. The prisoner denied all knowledge of the shirts, but he was remanded for a further investigation. Plank examined all the shirts, which are of very fine Irish linen, and some of them marked with the name "J. Courtney, jun.," in full. Some others are marked with the initials " H. M.," others " J. M.," and others " L. M.;" and there ure two without any mark, and most of the shirts are made to be worn with false collars. Plank decidedly ought 'to have gone out as desired. LAW INTELLIGENCE. VICE CHANCELLOR'S COURT, DEC. JVI)GMENT.-NOBLE V. CASS. This was a case in which certain property, part of which consisted of a brew-house, had been left to trustees for the benefit of Ann Noble, during her life, with reversion to her children. The trustees had recovered the brew-house from the tenant by an action of ejectment, and in an action on covenant they had recovered damages to the amount of .5001. for dilapidations. The trustees had invested the money, and paid the dividends to Ann Noble during her life. Upon the death of Ann Noble, her children called upon the trustees to transfer this sum ; but they refused, and a bill was filed to compel the trans dismissed. COURT OF KING'S BENCH, DEC. b. (FORGE v. RADFORD. This was an action for a malicious arrest. Mr. BROUGHAM (with whom was Mr. Chitty) stated the case for the p4aintiff. The plaintiff was a coach-maker in London-wall. He had been un fortunate in business; and in 1826 a commission of bankruptcy was issued against him; but he had ob tained his certificate, and was now carrying on his business. In the course of 1826, being in pecuniary difficulties, he applied for assistance to a person of the name of Israel Alexander, who had before accom modated him with money ; and Alexander having undertaken -to supply him with cash, he placed in his (Alexander's) hands several blank acceptances, to be made use of by Alexander on his procuring the money. Shortly afterwards the plaintiff became a bankrupt, and in the course of the following year he obtained his certificate. On the 17th of January, in the present year, a bill of exchange for .50/., pur porting to have been accepted by the plaintiff, was presented to him for payment. The bill was dated the 3d of December, 1827, and was payable to the order of G. W. Russen six weeks after date. The plaintiff not having accepted such a bill, and know ing nothing of Mr. Russen, was induced to think that it was one of the blank acceptances which he had given to Israel Alexander a year and a half be fore. Knowing that he had received no considera tion for it, he determined to resist its payment, and finding that it was in the hands of the defendant, he got his attorney to send his clerk to him to eau• tion him against suing on the bill. The attorney's clerk, on seeing the defendant, told him that the plaintiff knew nothing about the bill, and that there were circumstances which might bring into difficulty the persons connected with it. The defendant then informed the clerk that he had received the bill from Mr. Russell, an attorney, in part payment of fees for business, which he (the defendant) had done for him as a Sheriff's officer; and added, that if the bill was not paid, he should arrest Mr. George the next day. On the following day he caused Mr. George to be arrested on process from the Sheriff's C our t. In consequence of this proceeding Mr. George was obliged to put in bail, and having.done so he removed the cause into the Court of King's Bench. The principal filets stated above being substan tiated by the eviden ce , a l ong d i scuss io n arose upon the question whether or not the plaintiff, George, had been actually arrested. It appeared from the statement of the officer that there had been no actual caption, but that the plaintiff was informed that there was a bailable writ against him, at the suit of the defendant Radford, for 50/.; and that the officer told the plaintiff, that as he knew him, he should not think it necessary to place him under restraint, but should take his word for his appearance and putting in bail ; that the officer then received 2/. of the plaintiff for the accommodation, and afterwards called on the plaintiff's attorney to inform him what he had done, and to request him to put in bail. Sir J. SCARLETT, for the defendant, upon this evidence, pressed for a nonsuit. Lord TENTERDEN said the strong inclination of his opinion was, that there had been no actual arrest. He greatly disapproved of that mode of proceeding which enabled sheriff's officers to obtain money in order to forbear doing their duty,—it was, undoubt- edly, a ►reans of extortion; and his Lordship was strongly inclined to think that the plaintiff ought to be nonsuited. After a short discussion, in the course of Ivhich Mr. Mougham submitted that there was evidence of mai° enjoin to go to the Jury, the plaintiff was non suited ; Lord Tenterden expressing it as his opinion that there was nothing to show that the arrest was a malicious one. OLD BAILEY SESSIONS, DEc. 5. OLD COURT. Thomas Rennet, a most respectably dressed man, aged 33, was indicted for breaking and entering the dwelling-house of John. Follett, and stealing a silk cloak and other artielus his property, and four coats and other articles the property of Thomas Andrews. At the request of Mr. BRODERECK, counsel fur the prisoner, all the witnesses were ordered to leave the court. The prosecutor resides at No. 16, Great Ormond street, Bloomsbury, and it appeared, from the evi dence of several witnesses, that on the 3d October, about nine o'cloc!--. in the evening, his house was broken open, and the articles named in the indict ment carried away. A watchman stated that on the night in question he saw a person coming from the-prosecutor' s house carrying a bag, which excited his suspicion ; he therefore apprehended and took him to the watch house. The next morning, however, that person contrived to make his escape, and a reward was ad vertised in the Hue and Cry for his apprehension. About a month afterwards the prisoner was taken into custody. A host of officers and others connected with the watchmen were examined ; to prove that the prisoner was the same person who effected his escape; all of whom underwent a most rigid cross examination by the prisoner's Counsel. Several of them swore most positively as to his identity; they said he used to wear large whiskers, which he had, since hiS apprehension, shaved off. Several witnesses were called by Mr. Broderick to pros=e an alibi. One of them swore that the pri soner was at his house at the same time that the robbffy was committed. The Jury consnited for a short time in the box; but, Being unable to agree, they retired, and after a consultation of two hours they acquitted the pri soner. NEW COURT. Jane Go&Ay, a low prostitute, was indicted fin steal ing, on the Bth September, a sovereign and some silver from the person of G. Simmons. The prosecutor stated that he was passing through Got - - don-squate on the night in question, when he met the prisoner, with whom he entered into conversation for about ten minutes. Shortly after he had left Her he tuii•sed his money ; the prisoner was immediately pursued and appre hended. On searching her at the watch-house the sovereign was found in her shoe. The CpststoN SERGEANT enquired of the witness where Gordon-square was ? Witnets—Oh ! my Lord, it is quite a new built one— there is not any house yet.—(A laugh.) The Orisoner, a masculine woman, of most forbidding appearance, said she met the prosecutor by appointment, and that he gave her the money. . The vosecutor was recalled, who particularly denied giving her the sovereign, but said eat of feelings of cha rity he gave her Is. Sid.— Verdict Guiby. Mary Woods, aged 26, was indicted for marrying John Langham, on the 13th of July last, in the parish of Step ney, her former husband John Woods, being then living.' John Cox, the Parish Clerk of St. James's, Garlick-hill, in the. Ward of Vintry, produced the register of marriage between John Woods and Mary Cooke, which was solemnized on the 24th of March, 1818. Ile identified the prisoner as the bride on that occasion. John Langham, a porter, stated that he married the prisoner on the 15th July, 1823, they were married by banns. Prisoner to' witness—Did I not tell you I was alreaiy married, but under a wrong name ? Witness—You did not. Prisoner—Did you not say under the circumstances the marriage was good for nothing? Witness—No. Prisoner—Did you not ask me what name I would be married in, Cooke-or Woods. Witness—No. Prisoner—Speak the truth, Jokn ; you know you did ; it wag the day you dined at lily father's house, off beans and bacon.—(Laughter.)—You told nie that if I did not marry you, you would kill yourself. Will Eagles was present at the marriage of Latigham to the prisoner. Cross-examined by the Court—Does your sister live with Laugh= as his wife? Witness—Not exactly ; she offi ciates fur him.—(Laughter.) The COMMON SICRO EA NT—I see by the depositions you stated before the Magistrates, that she had lived Ariih him as his wife fin• the last four years ; you did not nee the fine word officiate then.: Jane Eagles heard the prisoner repeatedly tell Langham, that she had a husband living before she married him. The prisoner in defence said, that her first husband had a wife living at the time he married her, and that when she found that out she thought she was at liberty to marry again ; that Langham had behaved very ill to her, as well as Woods, and that between them they had made her life so miserable, that she threw herself into the Regent's Canal, but was taken out by an Irishman. She then handed in a copy of a certificate of the marriage of Woods, on the llth of February, 1806, to one Charlotte Peploe. She said that she procured it from Leytonstone. The Jury returned a verdict of Guilty, hut recommended her to mercy on account of the bad treatment she had re ceived from both her husbands. SECOND CROP.—Upon an apple tree iii a garden at Balnaeloich, in Glennalmond, there are at present five newly formed apples, about the size of cherries. The same tree yielded a full crop this year, which were pulled about two months ago, fully ripe. Iu that high and cold situation such instances of a mild season at this period are rare.— Scotsman. UNFORTUNATE OCCURRENCE.—As the Aire steam-packet, Captain Cruddis, was coming down the Ouse from Selby, on Thursday morning, about ten o'clock, when off Goole Reach, a small skiff, put off from the shore, with two men and one woman, the latter and one of the men intending to take their passage by the steam-boat for Hull ; before they reached her, however, owing to the bad ness of the skiff, and the unskilfulness of the conductor (not a waterosan), and the tide running strong, the skiff upset, by which all the three were unfortunately drowned, in sight of the woman's children and husband, who were upon the bank, but unable to render any assistance. York Chronicle. SINGULAR DETECTION OF A TRIP:F.-It was mentioned in our last, that a person had been sent for sixty days to the lock-up-house for abstracting a piece of money frein a letter addressed to his care. The circum stances connected with this case are somewhat singular, and placed the character, or perhaps the life, of an honest letter-carrier, in a rather " untoward" predicament. A letter from India arrived through the General Post-office, addressed to the care of a person in Edinburgh. The hotter was, of course, consigned to the postman of the district, and delivered by him as directed. The individual, how ever, who got the letter in charge, had, it appears, broke open the seal and taken from under the wax an Indian Pa goda, after which he transmitted the letter, open, to its ultimate destination. The Pagoda was soon missed by the owner, who applied to the first receiver of the letter, and he strenuously protested it came open to hint through the postman's hands. Application was then made to the Gene ral Post-office, and the reference came ultimately to the letter-carrier. He of course asserted his innocence, but so do the most incorrigible rogues ; and the laws of the Post-office being summary and severe, he soon understood that measures were in progress for his apprehension anti im peachment ! In this most vexatious of dilemmas that can overtake an honest mind, the unfortunate letter-carrier passed a sleepless and anxious night; and among the then sand and one thoughts that distracted him, there no doubt occurred the idea, that a false oath from the thief and his confederates might ensure him a voyage to Van Dieman's Land, or perchance bring him to an ignominious end ! In this state of painful uncertainty, be happened to call upon a spirit dealer in the High-street, when, in a few minutes, who should pop in, but the identical thief of the pagoda ! The fellow, on seeing Air. Graham, the letter• carrier allud ed to, abruptly left the shop; but the agitation produced upon the parties by this unexpected rencontre, induced the latter to explain to the shop-keeper the peculiar cir cumstances in which be was placed. The landlord imme diately recollected that the fugitive just gone nut had show ed him a foreign coin for sale, which he refused to pur chase ; that he returned some time after and told him he had disposed of the c,,in in another quarter, and bad re ceived Bs. 6d. or 9s. 6d. for the pagoda! It is needless to add, that the thief was forthwith apprehended.— Scotaman. GERMAN PAPERS. AUGSBURG, Nov. 28.—The Universal GP of Greece of the I Ith'of October (23d P ber„ N. 5.,) g i ves th e d ecre e o f the Presi for the establishment of a post-office, not oolc the correspondence between the Government the several public authorities, but also betwee s li rate individuals. The to wn w hi c h i s the 6eB cf Government will be the centre of the establish% There arc to be central offices in Argos, Trir i o and in Epidau rus , so l ong as th e G overnmen t re 5 1 in Egina and in Syra, when the Commissiorle t i the Board of Health is to he postmaster; but ° or interior of the country, where there arc no t o commissioners, the office will be given to one ° 0 Demogerontes, w h o w ill b e c h osen by t h e G° c ? ment. Another ordinance will be published , taining the more special regulations. ij FROM TILE DANUBE, NOV. 23.—A pang h i r b now be expected in the affairs of the East, ° c o' might be fav oura bl e t o th e e ff ect i ng o f an Opt modation between the belligerent powers. JA neutrals will certainly neglect nothing to to/ the contest from beginning anew. The 3 06 44 army now directs all its efforts against Siliattioi t taking of whi c h w ill pro b a bl y c l ose t h e caulr l y The Turks seem to confine themselves to gb e i p fence of that place, without intending to under i e any furth er o p erat i ons . Fi e ld M ars h a l Witt stein has already removed his head-quarters t O O ,O left bank of t h e D anu b e , an d we may , perhapoli t ) hear that the Captain Pacha, now made 6 r Vizier, who has had opportunities enough of ing the generous sentiments of the Russian dr i . f peror, has t a k en u p hi s w i nter quarters a t A A pr nople. However the Sultan rsay be disport war, he must now b e conv i nce d, t h a t e ,d if it were in the power of Russia to overalry the Turkish Empire, the Emperor Islic bll ot never entertained any such a plan, and thit, the contrary his wish is to re s to re p ea c e aS dif as possible. Though the Grand Vizier has hel l o posed, the persons under him all remained in 0 1 0 The Deputies who signed the treaty o f Akerrnill i t:t t in the camp of the Grand Vizier, they are b e ,bit acquainted with European politics than any °P oo l Turkish diplomatists, and their counsels can tend to peace. The grant of firmans for the 0 31 0 11 of ships with cargoes for the Black Sea, though 6 01 in return for a similar permission from Russlio ships to Constantinople, seems to indicate 05 animosity of the Porte has abated and given ow e i cool reflection, though th e Di van st ill does e( thing in its power to arni the people. lIAYENuE, Nov. 20.—There will be a c ° l ' &treble change at the beginning of next y'es the mode of levying the duties of cristetn B that part of the 'Rhine which belongs to sia. Instead of eight custom-houses there ce be only four, viz. at Emmerich, Dusseldorf , 0# logne, and Cobletity. The total amount of duties will not be diminished, indeed, for the sent, but tho se ta k en at t h e rema i n i ng four Os, houses will be incr ease d. H owever , the on 11;? ance of goods will be much facilitated by the le' having to stop only four times. pi VIENNA, Nov. 22.—Tlie Universal Grad' i d Greece, of Oct. 1., contains official accounte, O t is Zizipe, in Candi a , S e pt. 23, w hi c h con fi rm t h e ? of the apprehensions expressed by the Cotortro, Smyrne. There had been, it seems, some %II mishes, which were succeeded on the 25th Angie by a dreadful massacre of the Christians in the o d:e of Candia. S e v en h un d re d an d fif t y d ea d 1)°,) were counted in the streets, besid es th ose w hich Jr/ been thrown into the sea, the w e ll s , & c . N e ither 7 1 0 nor sex was .pared. Twenty men were left alive, bury their fellow-countrytnee, and afterwards thr°44( by the Turks into th e graves t h ey h a d d u g for 1 4 brethren. The Bi s h o p a l one escape d, by ficel c ,f , refuge in the Palace of the Pacha, t in e r u : d ei e r r d e s d s fr6oom Christians — eve n r i f s o t r i :r n eLs, e a: T e d:m e t a h s T e i the Christians they could find in the vicinity. : 0 ) above Turks in Rettimo acted in time same Rypmeri . 0 51 pr while performing mass at the altar. Colonel Baron V on R e i nec k, at present 61, rnander of the G ree k s i n C an di a, i s orgarn6iy troops to besiege th e th ree c hi e f f ortresses aid A few days ago the weather was mild open, attended with a cheering sunshine, so mach I ,o ic iv i a throstle, confined in a cage, suspended on A wall in P lot. mond:street, mistaking the mason of the year, pipe' a gay carrol from its twiggen mansion, to the no • v ete surprise of pa ssengers , Th e weat h er , yesterday, Wig" became severely cold, with the wind from the soutb - i i* This change will, w e h ope , p ro d uce a goo d effect in c t i 0 pating typhus fever, which, singularly enough, is 5t5 V be confined principally to the north part of the tali"' Manchester Mercury. About eleven o'clock on Wednesday night' a female was p ass i ng S t. Ni c h o l as ' s c h apel yard, shel'e-dr —or thought she heard—the sound of something P h ila ring at her heels. Full fast she flew, and for 11/ •, 1 14 dared not to look behind her, apprehending that it ® l i s t be something supernatural ; but the curiosity so Pe es , to her sex at length overcame her fears, and & j ail' tured to take a peep, when lo ! h er horror. and r i io amazement were increased, by a giganti c f or m, g" 01 6 appearance as white as the spectre of the !AC. -op gazed, she sighed, and almost died away. rteloOf e rf however, her courage, and once more treating for ° to rt to the virtue of her legs, she reached her borne , pil af having with breathless haste declared to her bII P t hr what had happened, the latter repaired immediately tOAtS haunt of spirits, to ascertain, if possible, the fact. riving- at the place, be found the stalking g host, w'oe as he approached, breathed out a hideous yell, 10/ f it' man was not to be terrified by the formidable sound ° jo y voice, nor the ter r ifi c appearance o f i ts person , and, all ing a blow at the monster, he found his force was Ail P against m a tt er an d not sp i r i t, w h ereupon h e follov", his blows so closely, that the material ghost was e ;h l obliged to cry for mercy, promising at the same tini.ota would clothe himself no more in such a terrifying and that he woul.l take his final exit, both in perisq, character, fr o m a spot upon whi c h h e h a d b een so ) rewarded for his foolish exploit.—Stamford News._./5 IRTH S. On the 4th inst. at his Lordship's house, in Grog' , street, the Countess of Kinnoull, of a dau g ht er . 0, 0 On the 4th inst. at Hampstead, Mrs. Wm. Pool' s New Millman-street. On the Ist inst. in Edgware. road, Mrs. W. J. Y of a son. 0 41 On the 2d inst. at Ruperra, Glarnerganshire, the of Charles Morgan, Esq. of a son and heir. On the 4th inst. at the Vicarage, Bedknt, the P g the Rev. Dr. Jones, of a daughter. MARRIED. el On the 2d inst. at Presteigne, Radnor, the Rev. - - fa d' Evans, A.M., of Smedley-house, Leintwardina, Her e shire, late Chaplain in the Hon. East India Coon' el service on the Bengal Establishment, to Miss Phiuir' Dulwich, Surrey. or On the 3d inst. at 'Willesden, the Rev. Dr. Jeru'i) /u e d Swaff ham-priors, Cambridgeshire, to Ann Maris, I '7, o es' daughter of the Rev. Henry Fly, D.D. vicar of the f°' place, and Chaplain to his Majesty's household. Ilan . On the 3d ir,st, at North Aston, Oxfordshire, Joha cot t, rison Slater, Esq. to the Lady Louisa Augusta second daughter of the Earl of Clonmell. aD d On the 4th init. at Charlbury, by the Right Ifn i et Rev. the Lord William Somerset, B. J. Whippyt of Bulatrode, Bucks, to Jane Susannah, second daugn B. Holloway, Esq. of Lee-place, Oxfordshire. DIED. On the 4th inst. at Cookham, Berke, Miss • daughter of the late Wm. Venables, Esq. ...betN On the 3d inst. at her house in Old Windsor', E"4 B ,ce. widow of the late John Walkden, Esq. of Ilighburrlii r s. On the 2d inst. at Harleyford-street, Kenningturif Hester Biggs, aged 80. tlae' On the 2,1 inst. at his seat, Scrivelaby Court, ' e p e r, county of Lincoln, in the 64th year of his age, t h John Dymoke, the Honourable the King's Cbtal u i.. Prebendary of Lincoln, Rector of Scrivelehy con ilerhy, &c. On the 30th ult. at Camberwell, Cl:axles SPY"e? fgl• • of Wallop Lodge, Hants, aged 48 . On the sth inst. at the house of his uncle, in Bridg r e street, Westminster, in the 19th year of hie age, J an ' Seaton, jun. PRINTSD and PUBLISIDED by MURDO YOUNG, * l • t SUN Orricz, 112, STRAND, 10014 DON, / VE i the 1 ittity r" L It( Lt bath T l'