The Sun. — London, England, 1824-09-10 00:00:00

THE LONDON JOURNALS. DAILY _Extracts from the Morning Papers ) Sept. 10. [New TIMES.] The late intelligence f r o m South America has created much interest in the City ; but it is not generally regarded as decidedly satisfactory. —Some doubts hang on many of the principal facts, and there Is still an expectation that the appearance of Iturbide in Mexico will produce a great alteration in the state of affairs. The Jamaica Packet, whose arrival we noticed yes terday, has brought nothing but a vague report that things were not going on so well in Mexico as had been represented. Some persons as sert that the dispatches brought by the Lady Arabella are of a similar purport, but we do not believe that the contents of those dispatches have been suffered to transpire. The general kupresslon has certainly not much encouraged the speculators for a rise in South American Se muffles. On the contrary, the Bonds of Mexico, as well .as the Colombian Scrip, declin e d i n price; the former from 49i to 481—the latter from 84 to 1O discount. The European Securi ties support their former price. The Neapolitan Loan of 2,500,0001., some time since announced as having been contracted for by Mr. Rothschild, will, it is believed, be brought out to the Pub lic in the course of next week ; and, t'rom the hitherto successful management of this emi nent Capitalist, it is expected to prove equally ae advan*Jabons as any of ,hls preceding. We mentioned acme days ago that another Poyais Scheme was upon the tapis. Yesterday, what is termed a Prospectus of the plan, was distributed, the most enticing item of s hich is, that new Bonds are to be issued at 25, and the old Bonds bought in at 121 per ceut. It is needless to add, that, after the recent exposures and recrimina• tions between the parties to the former transac tions, the new Prospectus was treated with very little respect. The 13rithh Funds continued stationary, Consols having closed yesterdny at 141 for the Account. MORNING HERALD.] ft has been mentioned to us, that the King of Spain, In despair of negociating a loan in this country, has applied to his brother of Naples to assist hirn with money sufficient to undertake the rut-conquest of his South American Colonies, and that his Neapolitan Brother has acceded to his solicitation. And, moreover, we have been in. furfned, that the new loan, now about to be ungo ciated for the service of his Neapolitan Majesty, is for the purpose of enabling the latter to fulfil the contract which, our informant says, he has en tered into with Ferdinand, Whether what we have heard be true or false, we cannot take upon our selves to say ; but in common life, if A wants to borrow money, though he may not be able to get it direct from 13., yet he may contrive to got it through the medium of C. If what we have stated be correct, then there will, indeed, be sad disappointment at the Stock Exchange, on the part of some who had purchased largely of Spa. nisit Constitutional Bonds at a•low price, under the idea that Ferdinand would take them at high price, in any new contract . with John 13u11 for a loan. It never was imagined by our specu. lators in the things called Foreign Securities, that Ferdinand would go a routuhabout way to get into his possession John Bull's cash. [MORNING POS'rd French Papers to the Bth inst. and the Doila of Wednesday reached us lust night by Express. They contain some interesting intelligence from Spain. ft was brought by an extraordinary cou rier to Paris, and comes down to the 4th lust. The landings made by the Constitutionalists at -Tarifa and other points were premature, and have only served to afford a fresh opportunity for Ferdinand to gratify his thirst for blood.-i--- 01,Donnel, who .seems to share a portion of his -Master's temper :and to know his taste, had not waited for his commands, but with a degree of expedition which savours a little of Oriental im patience, had shot 36 of the Constitutionalists taken at Tarifa in less than two days after their surrender, and was pursuing the trials of the other 100 prisoners " with extreme diligence, for the purpose of applying to each of them the pu uishment which he merited." Ferdinand, how evete, was unwilling not to have a band in the killin g of his own 'subjects, and therefore caused ,Minister (sarcastically called 44 of Mercy elld'Justice") to publish in his name a Decree to 44 put things out of their regular course, in cadet 'to 'faciliate prompt piMishoients." This, it is CalCulated by the merciful King and Mi nister, " will inspire all with : confidence in the rectitude and invariable justice of his Majesty," And certainly, it is a new way of 'doing justice, a nd .one calculated to create much confidence in who diSpense it, to order men " to be sum 'marily tried, and their senten ces carried into litfect," before any report is made " of whatever may be done." So that should the authorities to whom the after Report is to be made, find that through some . mistake one individual .has been shot, in the hurry of Justice,, for, another, the only remedy would be to cause ,the right person to march to execution, and to dispatch two vic. tims for the same offence. It is evident ,chat such extreme measures must defeat their own object. Instead of making examples.of Rebels to deter imitators, they tend to create them, — For, what, man can bear to exist under a sys tem where his life is put at the mercy of every tool of tyranny and military hireliog, without a s ingle law to „ protect him! It appears that the individuals .shot by O'llonnnel were not all soldiers, or officers: some were townsmen and peasants; their deaths will not be unfruitful. For ,every single enemy that Ferdinand has destroy ed,,he has created a family of foes ; and however ins may succeed' in putting doWn insurrection with the aid of the French, the time must come when he must rest for support on hims' e lL 'Th en will private vengeance supply th e o ut , of poli tical feeling, if the latter have ceased to exist, and the king who has not a friend among his people, will not long have a people to rule and to oppress. [BRITISH raess.l The Editors of the factious press are driven to great difficulties at the present moment to find materials for the gratification of their readers. — Two or three papers of this character have ac tually expired from inanition ; and others which now hold up their heads very loftily, are threat ened with the same fate. In this alarming con dition, every circumstance which will afford any reasonable excuse for abusing his Majesty's Mi nisters is seized with unexampled avidity. It nappened that the last month's allowance to the Spanish refugees was not paid on the usual day. A Morning Paper heard of the fact, and, in an extacy of joy that it had at last found out something which would enable it to compen , sate for its apparent supineness for several pre vious months, published a tong and furious article on the ingratitude of the British Govern ment in leaving to perish 66 the Spanish Patriots who took up arms for the Lords and Commons, and liberty and property of England—nay, for the support of the Ministers themselves in all their rightful attributes and powers." Mr. Can ning, we dare say, little suspected to whom he owed office, or he would not have manifested such Culpable indifference towards his Spanish patrons. This article was copied into all the other papers of the same politics, morning and evening, and a general expression of indignation was reiterated on every side, for the base deser tion of these Spanish " Champions of the House of Brunswick." To such a length did the criminal absurdities of these Journalists lead them. Yesterday, however, we had a reluctant acknowledgment from the bellwether of the fac tious flock, that on " an immediate and correct representation of the sufferings endured by these unhappy foreigners, the evil was no sooner known than remedied. Instant attention was paid to the subject by his Majesty's Government, and a notice was yesterday, we understand, put up at Newton's Hotel, near Leicester-square, a place much resorted to by the refugee Spaniards, announcing that their monthly pensions, due on the 17th ult., and hitherto unaccountably with held from them, would be paid up this day." Our readers will, of course, take it for granted that the editor of this paper expressed his regret for having given currency to the folly and calumny he had written respecting this trifling delay.— They will, perhaps, expect that he humbled himself in sackcloth and ashes, and asked pardon for his sins. Quite otherwise, however, was his conduct. He persisted in ascribing to the King's Ministers an intention of discontinuing their allowances to the exiles, and took credit to himself that he terrified them out of this design —This is a specimen of the mode of vilifying pu authorities. If something be not done precisely at the moment when a Whig journalist thinks it ought to be done, he directly heaps upon the Government every variety of scandalous im putation which his ingenuity can invent. If the thing be done afterwards, be dilates on the importance of the press in controulling the agents of power, and intimates that he compelled them to rdrrink into compliance with his directions; if the thing be not done at all, he enlarges on the profligate contempt manifested for public opinion, and predicts the establishment of a mi litary despotism. In another column we have given, from an Evening Paper, a correct state ment of facts relative to the allowances granted by his Majesty's Government to the Spanish refugees, and we trust after this notice that these unfortunate persons will, for their own sakes, in future avoid the advocacy of men who take up their cause only as a God-send to ca lumniate the Ministry, knowing as they well do at the same time, that if the work of charity be abandoned by Government, there is no other body by whom it can or will be continued for u week. DiORNING CHRONICLE.) In our report of the proceedings at the Man sion House, yesterday, will be found a statement to which many parallels may at all times be found in England—namely, that of an individual reduced by Chancery delay to subsist on the cha rities of the country. The victim of delay in question is, it seems, far advanced in years, so that Equity will soon be enabled to swell her im mense treasures with the wreck of the pauper's estate. The Lord Mayor observed, " that the case - was like a vast number of other cases which are pending in the Court of Chancery, a proof of tl►e frightful consequences of getting within its controul. Pauperism had not so desperate a promoter." By the bye, the Noble Lord who has so long presided over the Court of Chancery, might amuse himself in the retirement, to which he must some day submit, by draw ing up such a list as his recollection would furnish him with, of the Chancery suitors who during his long incumbency have hanged, drowned, or shot themselves, or died in a work house. It( this 'occupation he would no doubt feel all the satisfaction which the old soldier experiences, in fighting 'his battles over again, from the day he first fleshed his sword, A better means, too, could not be devised for resisting the approaches of that arch fiend, Ennui, who usually finds an entrance into the retirement of men who have long played a conspicuous part in life, like his ,Lordship.. Nothing astonishes foreigners more than the patience with which the English support so dreadful an - evil as the Court of Chan cery. They do not make sufficient alloWance for the influence of custom. That dreadful disease the plague, 'creates little alarm in the countries Which are constantly subject to it. It never deadens the= desire to accumulate property,— nay, the clothes of the victims are regularly pre served and worn. In like manner we see men contending for the spoils of the victims of Chan. eery, who hard i ly seem conscious that they them selves are exposed to the ruin which has over• taken so many others. No person ever refuses to take an office in Turkey, though exaltation usually leads to a violent death. The Court of Chancery furnishes a curious illustration of the strengh of the tendency of society to rise superior to diffi culties. Without the proof which it supplies, it would hardly be believed that a cowl try could advance in wealth in which :no property is secure' from challenge, in which litigation has no assignable limits, so. long as litigants have means, in which the man with the weightiest purse has his adversary completely at his mercy, and in which numberless victims of delay are constantly dropping into the grave with. out obtaining the redress for which they sought, and to which they are entitled. The ability of society to support the evil is very much against the chance of redress. The Lawyers who have an interest in the continuance of the evil, are by far the most influential class in this country. [THU . TIMES.] Our long extracts under the fiend of West India Policy will be read with general interest. It is plain that Government has had to encounter great difficulties, in endeavouring to act upon the reso lutions of the House of Commons. There is no one measure of prudence, benevolence, or sound po licy,no symptom of regard for religion or humanity, which has not drawn down the animadversions of the Colonists or of the Colonial Agents, as diminishing the value of West India property, or menacing the lives of our countrymen resident among the islands. In their communications with the Committee of Correspondence, and their demands upon Lord Bathurst, the colonial agents press into notice the necessity of adopting some plan for the restoration of tranquillity and credit in the West Indies. For this purpose grave com plaints are made, and various measures are recom mended. It is stated that "dangerous impressions 66 have arisen in the minds of the slaves, from the CC resolutions which were passed in the House of " Commons last session (1823), and from the " consequent dispatches of the Minister to the " constituted authorities in the Colonies." The agents inform the public, that the above docu ments have been intercepted by the Negroes at announcing that their emancipation is to ernana te, more or less immediately, from the interference of Parliament—an idea which had lowered the price of property—rendered life itself precarious —destroyed all confidence between master and slave—produced a general disposition to turbu lence, Which was manifested by actual conspiracy and insurrection—and called for a reinforcement of troops to keep down the rebellious spirit of tho Negroes. Lord Bathurst consented to issue a proclamation, denying that his Ma jesty had grunted or offered freedom to the Blacks; and declaring that they would for feit all claims to theltoyal protection if they should fail to render entire submission to the laws, and dutiful obedience to their masters. His Lordship does not notice, and is reproached with omitting it by the agents, the demand for more troops, to extend and prolong the means of coercion. But while they are thus decided as to the use of strong and bitter me d ic i nes dicr are equallyr inesfor tt distempered arreetto Negro, these gentlemen disavow all partnership with that respectable body of West Indians at home, who had suggested to the King's Government measures for the " addi tional comfort, intellectual and religious " kn. provementond extended privileges of the slaves in the colonies." A mild and salutary regimen like this last, the agents are not a little anxious should be left implicitly to the adoption or rejection of the colonists, while the harsher diet, of threats and soldiers, they wish Ministers imperatively to prescribe. Now, with regard to the prevailing lau gunge of some West Indians, that the multiplied protections, the increased indulgence, and reli gious instruction held out, or actually provided for the Negroes, are to be reprebated as eu that couraging amongun h appy race the hope of emancipati on a t a f uture period, end leading directly to such a result, all wise and bene volent beings, on the other hand, consider the projected measures of immediate improvement as chiefly to be valued for the sake of that very freedom to which they so naturally tend—a con summation, until the arrival of which ' the foul and unchristian st a i n th at now pollutes this em pire, i t i o 4 r e e v p e e r l b t l e t e o ct i t r e g r e a t o t f ' d i c t o i r s i s i t 'i e n t g i tlaiui be selfish ness, in adjuring so often the spirit of liberty, and the rights of two great quarters of the globe; while those of Africa (and we may add, in a pa renthesis, those of Asia) are made a prey to the most sordid and uncommiserating of human ap petites. Lotto COCIIRANE.—We have before us a letter from RIO Janeiro, dated the Ist ult., from which we copy the following :—" Lord Cochrane, has lost here much of his influ ence. An affair lately took place which may induce him to leave the service. About ten days ago a Brazilian frigate, corn mended by a young Englishman named Orenfelt, arrived from Para, having 'on board a large sum (perhaps 200,000 dollars) resulting from the seizures made at Para, soon after the affair of Illaranharn, when Cochrane got possession of about double that sum, which he has ever since retained, upon theplea th a t he.wouldaccount for that money when his IVlvesty I)on Pedro would account to him for his Portuguese prizes. Soon after Orenfelt came to anchor he went on shore to see Cochrane, and whilst he was absent, Pedro the First, having been advised of the money being on board the frigate, went in person and ab solutely took possession of and brought on shore the w hole of it, together, as at is said, with all Grenfelt's papers, &c. This joke, so constitutional, and so dignified, did not please my Lord Cochrane..: lie told his Majesty next day that he bad this time - 4 .out-generalleti him.' Poor Orenfelt, however, who en joys the reputation of having been the cause of destroying 252 Brazilians at Para in October last, in the hold of a vessel, has disappeared, and whether he be concealed by Cochrane, or on board one of the British ships of war, is not known."--{From the National Gazette.) COI ' V}A, SEPT. mostmelancholy accident hr!s just ha ppened here. As Cu tuus LAm BERT, Esq. of Osborn.hnuse, and his second son, a youth of about 18 years, were bathing in a ma chine, th e youth, who could swim but little, got out of his depth, and sank to i rise no more ! His father, in en d eavour i ng to save him, would have been drowned also, had not the guide got hold of him just as be was sinking. The body was brought up by a young man, a gentleman's ser vant, who (lived several times, and at length suc ceeded in finding it. It had been above un hour under water, and the vital spark was gone. It is not easy to describe the feelings of the parent and two brothers, who were eye-witnesses of the dreadful catastrophe. Thomas Coombs, charged with having shot James Morgan, at Battersea, was yesterday re examined at Union Hall Office, when, after a number of witnesses had deposed,he was remand ed to Thursday. LONDON DOCK PROPRIETORS. A Court of Proprietors of the London Docks, assembled at one o'clock yesterday, at their house, in Prince's street, for the purpose of considering the expediency of enlarg ing the works of the company. Mr. SOLLY in the Chair.— When the advertisement by which the Court had been con vened was read,— The CHAIRMAN BIRIEd thi 4 t the Directors, conceiving it ne cessary to enlarge the works of the Coriipanv, had resolved to call a Court of Proprieters, in order to submit to them their ideas upon the subject. The Company was in possession of some waste ground, at the east end of the docks, and the pro posal to be submitted was, that that ground should be appro. priated to the excavation of vaults and the erection of ware houses. An estimate of the expence attending the proposed improvements had been given by Daniel Alexander, and Geo. Chapman, Esqrs. These G en tl emen were of opinion that those expences would not exceed 300,0001. A PROPRIETOR asked, if there were not actually some va cant warehouses at this moment ; and also, if the Docks had been found inadequate to the reception of the number of vessels applying for admittance ? The CHAIRMAN allowed that the Docks were capable of accommodating more vessels than were at any one time within them, and also that they had vacant warehouses. In fact, although their trade was in a fl our i s hi ng con di t i on, yet i t d i d not keep pace with the improvements of the Company's works. There was, nevertheless, a scarcity of room for ware housing wine, and political circumstances rendered it pro bable that this want of room would be more seriously felt, unless the present plan was adopted. In the present state , of South America, Portugal was cautious of sending her pro duce thither, and as this state of things might continue for some time, the probability was, that warehouse room for 13,000 pipes of wine would be required. A PnoPRIETon inquired if this measure was not caused by the intended erection of St. Catherine's and the South London Docks. A DIRE CT on said, that the present enlargement of the Docks would better enablo them to compete with those companies which, as yet, were only in embryo. A PIIOPILItTOIL asked, if it would not be better to wait a few months, to ascertain whether Parliament would agree to the Bill for the erection of the St. Catherine's Docks ? The CHAIRMAN said, it would be then too late, as their char ter would expire in January, MO. He had also to mention, that the Directors proposed raising the money by loan, and did not contemplate an increase of capital. A PnornucTon asked, if no communications bad been held with Government on a subject so vitally important to the interests of the Society, as the erection of the Saint Catherine's Docks? A DIRECTOR replied, that when the subject was first started, the Directors applied to the Government, and stated how injurious it might prove to their interests; stating also, that no individuals would embark a capital of 3,300,0001. in the erection of extensive works for the improvement of the trade of London, upon a Charter, for the short terns of twenty-one years, unless they had an expectation of its re newal. The Company . did not want a monopoly, but they did think they had a right to the exclusive patronage of Go vernment. A DIRECTOR observed upon the probability of the Gentle men, about forming the st. Catherine Docks' Company giving up their project, if the present Meeting concurred in the views of the Directors. A conversation ensued between several of the Proprietors, after which the following Resolution was carried by a consi derable majority : " That the Directors be empowered to enlarge the Docks and Warehouses of the Company, as to them may seem proper, provided the expences do not exceed the sum of 200,0001." Some Proprietors, who were dissatisfied with the unanimous decision of the " Ayes" upon the thew of hands, required a ballot; but it appearing, from a by-law of the company, that no ballot could take place unless a paper to that effect was handed to the Chair, signed by nine Proprietors, they acquiesced in the original decision. It appeared to us that the majority was unquestionable.—The Court was then diSsolved. ASSIZE INTELLIGENCE. LANCASTER, SEPT. 7. Beftre Mr. Baron HuLLocic and a Common Jury, MILLER v. DODSON. The ATTORKEY-GENERAL stated the nature of this action on the part of the plaintiff, which was of a novel nature, and brought to recover of the defendant the sum of 401. being so much money paid to him under the following singular circum stancest—The plaintiff; it appeared, was the agent for a Mr. Cocks, a land surveyor, then in the Vest Indies, and acted as his agent in the collecting of his rents, &c. during his absence. Among his tenants Dobson was one,who had paid to Miller the SUM of 301. which sum it appeared the present plaintiffhad paid into the bank of Messrs. Dilworth and Co. of this County, to the credit of himself, and not to the credit of Mr. Cocks, as It was contended ought to have been done, as so much money paid by the defendant Dobson as tenant to Cocks, and which sum he had applied to his own use, and afterwards offered the defendant 1001. to compromise. The Learned Gentleman then called—. Thomas Barber—lle is a clerk in the house of Messrs. Dil worth and Co. of this place. John Miller did not keep an ac count at their house that he remembers ; he recollects there was tr ie e ( e A n b t l b le e r p ) la p i a n i f i a t n in t t t o he t d h e e f i e r n i t , l a a n n k t a dispute his private account; he examined the books, and found on such a sum had bean paid; the plaintiff and defendant came together to their bank ; the money appeared by the cash books e paatytnht their r t h o o f '. ' 3 B o e /!7 been repaid to him again on the llith October 1822 ; a t to i s le ht r o e avt w iel as a receipt given and 'brought in by John Miller ; the entry would be that the plaintiff had credit for that sum; the mistake was cleared up to the satisfaction of both parties. Wit. nestshad detected the error, and the defendant had offered him ss. for it ; it was an error of the ' plaintiff's ; th e pl a i n tiff had received the money on Mr. Cocks account, and had not (riven credit to Mr. Dobson for it as such ; he had heard this by report. Mr. Serjeant Cross, for the defendant, objected to mere report. Examination cantinued—Don't remember that Dobson paid money into their bank on his own account, but only for the rent which he had credit for, he had paid out before on Mr. Cocks' account. Dobson presented a cheque for GO/. when Miller you s t f irr i i t ti l ilait t w h d a t:was d ievasn c e o n; costhi e n h the I3ank, are., a said, " this w a s a b a d j o b f or h im. " M iller was with him, and said they c da l ey e r r s4 k t 041 in the I Lawson, e don't t ws L p i a cheque of my brother for COL for my error. An appeal was afterwards made to Mr. Bitkett, a partner in the firm, he hav ing heard of the circumstances of the case, who refused to pay the cheque ; and said to the defendant, in the presence of a person of the name of Morson, that this was a barefaced and scandalous transaction ; that it was a mistake on the part of the .plaintiff, and a. gross injustice to take any money from hint on that account. Dobson said you have nothing to do with that, he has agreed to pay me the money. Mr. Eirkett said that he would not pay the checque, and requested Dobson, as an honest man, to give it up, and return the dOl. he had received, which he refused to do. Mr. Birkett said to both (defendant and Mason) whoever advised you to act in this way deserves to be prosecuted. Dobson said that lie had been advised to act in the way he had done. Mr. Birkett asked by whom ; he said he was not prepared to say, and if he was that he was not going to tell that ; he said the chance was worth more than that ; that it was worth 2001. . . Mr. Serjeant CRO SS to witness--DOn't.set up, Sir, here for an interpreter ! Witness—lie said that he would put it in an attorney's hands 11 the cheque was not paid.—(Receipt put in and read—" Received of Richard cocks, Esq. 301. per Thomas Dobson) Cross:examined by Mr. Sergeant Caoss—He gave ,Dobson the receipt for 30/. ; he can't say if they turned poor Dobson out of their banking-house ;' he had called at hislouse, and offered him &s. if he would look and find the entry for3ol. Miller was not very strenuous; he does not rementter that Miller denied the receipt. Bir the JUDGE—The inonerwas paid to Miller and carried to Dobsou's account. I suppose it was your ettrelessness that it was not found. He came two or three hours afterwards; Millet Is a land surveyor. Ite..examined by the ATTORNEY.GENERAL — That is the receipt ; believes Dobson had paid it to Miller on . Cocks' ac count fur rent. By the Juno E—When the receipt was brought the money was paid to Miller. Tim Juvou--This case, I think, far the credit of both parties, ought to be settled elsewhere. Mr. Sergeant Cnoss—l Will take a verdict for 401. and costs. The Jur o f—.:The cause had better proceed. Robert .Birkett examined—flu is a partner in the firm of Dilworth and Co. of this place. Mr. Cocks was in the 'West Indies. He remembers the mistake in question ;' it was di m . covered in.the present year ; he saw both parties at the Bank before the mistake was discovered ; Dobson charged witness with 'receiving it; it was discovered by a memoranduni told -Dobson that it was a rascally act to extort money front Mr. Miller. ale said ho had been advised to take certo n sures, and advertise him. He brought the receipt, and said • that it would not be paid until he had seen Miller. He as ked him who had avised him, and he said that was nothing to hins• By the JUDGE—Credit was not carried to Cocks' account 3lr. Serjeant CROSS replied, and said that his Learned Friend had a muddy case to wade through. His client was a poor far mer, and had paid to Miller the sum of 301. supposing that he • was the authorized agent of Mr. Cocks, and if the plaintiff bad thought fit to compromise the affair with the defendanO he plaintiff had now he thought no reason to complain of what rose out of his own wilful act. Had the accounts of the bank ing house of Messrs. Dilworth and Co. been as accurately kept as at the counting houses in Lombard-street, this action bad probably never been brought into this Court. The Learned JUDGE charged the Jury, and Said that this , action being brought to recover the sum of 401. paid by w 6 plaintiff to the defendant under particular circumstances, it would be for the Jury to say what right the defendant bad to hold out a threat against the plaintiff of a criminal nature, end to threaten him with tr• prosecution unless he paid him 1001. to compromise his error. It was evidently a mistake on the peg of the plaintiff, and the bankers who had the care - of the public money acted wisely in not paying it out of their hands under such circumstances as this, and which had come to their know ledge. It was an improper and an illegal act of the defendant to obtain money by a threat of this kind. It would be therefore for the Jury to say whether the plaintiff had not a right to cover back from the defendant the sum mentioned in the item. The Jury found for the plaintiff—Damages 40/. Costs 40s. HEWITT V. FINLOW AND OTHERS• OE n art- The ATTORNEY-GENERAL stated the Case on the pa n plaintiff; and Mr. Sergeant Coosa on the part of the de fendants. It appeared that this was an action against the defendants; arising out of an execution levied against a certain number In,: horses belonging to th e pl a i nt iff; w h o h a d t a ken the benefit a recent Act of Parliament for relief of Insolvent Debtelro_,C"„e who had subsequently to that discharge become poosem`u them by their being turned over to him by another persontlb,,, g . important point W ass, h far the defendants were bawe'.". damages on this execution, in not having applied in the brain! stance to the Insolvent Debtors' Court for a Rule Nisi• It Ise proved by the examination of w it nesses that the PlaintiVi th e not apprised the defendant s th at h e h a d ta k e n the benefit 0 ' Act, and which the Learned . Judge ruled he he to have . done, to have produced his schedule ; and if he had it not In his possession lie ought to have sent for it, in order to have ll' tisfied the parties. The case went to the Jury, who found for all the defendalls! his Lordship reserving a point of law arising out of the eas el ; future consideration • and giving the plaintiff Is. s he should his Lordship ' have taken an erroneous View of we BARKEIt V. GREEN. ~ R etied The ATTORNEY n at. stated that this was foe brought by a professional gentleman against the def elu rLast the escape of a prisoner of the name of Winterbottomi whom a ea*: ad satieaciendum had been issued at t. °. t he stance. The defendant had been suffered to escape 'it 04 negligence of the High Sheriff's officer. iVinterbottoni , ...,% • peared, was afterwards discharged by the Insolvent Dem; Act, who previously stood indebted to the plaintiff in the g i f signed ivir. p a and delivered. l, of r of 501. for law charges, a bill of which had been regu l ar cx hard and an oppressive case on the part of the plaintiff " 6- 1 ) . the defendant. The plaintiff; according to: the mode pres,,c ri tm the defendant, submitted tluft..ibtivillill: ed by law, might have ruled the Sheriff to have retor,_ A ue" e . writ, and also brought up the body, both which he wil e . glected to do ;. and he now turned round upon the Po" tiff's officer for a claim due to him fro m a n ot h e r person. • The JUDGE charged the Jury, and said it was their pro' vince to consider what compensation of damages the plrn, was entitled to recover in consequence of the escape of 11 11 4; bottom ; and if they believed that it had b een through Ott': gligence of Madder (the Sheriff officer's assistant), then th e n insist find a 'verdict for the plaintiff. With 'respect to th e amount of the bill claimed by Dlr. Barker against WiPterb °t ' tom, that find nothing to do with the question, or the quant A i ll of damages the plaintiff had sustained, and which only liPPri d to the escape of Winterbottom, if they believed an, escape P. occurred before the return of the writ. The Jury found a verdict for the plaintiff—Damages, O ne Farthing. 31r. ecir.Locx--itly Lord, I hope you will certify. t.; DGE —I will consider of this, Mr. Pollock. On the Crown Side nothing of interest occurred; an d M r* Justice BAY LEY, having got through the Calendar, wok sa me undefended cases on the Civil Side. To-morrow both the Judges will sit at Nisi Prius. The Assizes are expected to last until the latter end of nag week, from the number of causes for trial. BRISTOL, SEPT. 8. . THE ICING v. BRYANT AND TWO OTHERS. This was an indictment against the defendants for coninin il l to defraud a Mr. Ilaythorn, %merchant of Bristol, of the e .. „'"; of 160/. under these circumstances :—The def e ndan t BrP," . „; •• had committed an assault on Air. Ilaythorn in 1822, f0r.0:5;. . he proceeded by action, and recovered damages, 10 01 - n d defendant was possessed of som e cottages near Bristolia be other property, on which execution on the judgment W u by levied ; but before the period arrived when execution eoa4",A. sued out, the defendant, with a man named Wilcox several others, conspired to fabricate a deed of mortgag e ' of suing the property to Sims, who was the brother be Bryant. Bryant, after the transaction, caused himsel f t7.c ie arrested on a sham debt, and finally obtained the benef it or Le Insolvent Debtors' Act. The persons who were to pr ove h case were themselves parties to the fraud. give the testimony of Mrs. Hari° There was nothin important or curious in the evidence; carol: shall therefore merely , Cox, who deposed as tbllows:-111r. Cox, Tny husband, ti ea torney. Was confined with the gout in April, 162 2 , and I n, to his office, which is in Bristol, to take uphis letters. 1 relt3rio her Bryant calling at the office about that time. AVatk ins called there. I told the latter that Bryant had called and 1", , a letter for my h us b an d. I as k e d hi n t if he knew Bryant. He s t, he did, and that he understood he was .n Injured math e 4„,, believed he had not comm itt e d the assault; that he thought 1 7 5,1 thorn was a man with plenty of money, and could et to swear what h e thought proper. Ile said he had-asked Ilet ant if he was not a fr a id of an execution, and that Bryant sa v e d was afraid ; an d W at ki ns sa id to hint, if he would be e av ll ta.. by him he would bring hint through it without paying e ling, provid e d there were a dozen executions a gainst hiel• bi He then sa id he advised hint to make over his proP ert ior mortgage to some one who would hold it in trust , and co, ant said li e wou ld ma k e it over t o hi s b r other-in-law if li d co n , sented. Watkins then s a id, that his brother-in-law had if sented, and thit the deed was prepared. I asked Wlf a nar Mr. Walker hail prepared the deed. He said no. L t ioiri knew nothing of the matter ; that it was prepared bY,r o ciet• who was not an attorney, but knew more than halt te' do ta neys in practice. . Watkins said they were to go to lion COAL. stay a few days, and that he saw Bryant on the top of t i ! to t, for London ; that some hours after Bryant had left g regretted that he had not consulted with hint remPeS t l;,saa house and furniture; that his father went to Bryant a_ n o ds te consulted with her on the propriety of removing ilSrif im aerY, some lodgings; that she approved a the plan ; Assistance ° , t . he had taken in the Hotwell-row. At the begi a tgii r efol night, about 12 o'clock, 'Watkins said, with the t he his son, he bad removed the whole of the g00d0 t ..% - f the c°" - sensation, Watkins said that Bryant was janAilliOse told. ; rascal, and it was after that that he repeatea “'"heard th e e" Mr. Serjeant YELL stated that after having that the de dente of the last witness, he was instructed to i s, ,, r d e d ag 4 fendants consented to have a verdict of guilty rec. " - them. • little 1004 Yesterda y afternoon , abort ir6 s at the end of Fleet-market, Ludgate. street, tot:Tee:l gocse vehicles, called " Vans," either through its own nowi el ..l (ll :l;pts e the negligence of the driver, was forced against I „, l t , P l P o esof lt Fhalse, which it crushed to pieces in a moment. 01' ins the chaise were, fortunately, by the promptness 1' Criieso the spot, extricated from their very perilous s ituation• to f or wa s heavily loaded with goods, and the passengerl , w e t safe' numerous, may think theiuselves very fortunate if they g , to " Rath or Ettistoi.,, MARRIED. 0;44 to Yesterday, a t C am b erwe ll, AIL Th eop hilus Ugh Miss Ann Loscombe. W. eigl A lt/ r Charles Deudney, Esq. of Oensingaod, On Tuesday last, at St. John!a Church, LiamPst ' hot 0 Smith, mercer and draper, to Charlotte, youngest daug near Hastioe' c op- On Thursday at Putney Church, by t he Rev. Thoin: e li, to man, Mr. WUliam Mackintosh Hutton, of Camber Elisabetb, da ug h ter o f J ames Cl ue man, Esq. of Putner„iate, 0 On Tuesd a y, t h e 7th hist:, D. iVilliams. of Berra rwr lateJ. ' Phillips, Esq., M.P., o f e y winywilly, 01.111)arthetobirg_____:,,,...-' to Miss E. L. 51. Philli ps youngest daughter of the iiiaosA o s. in irtri tJh a e i T e th h: at the Lancashire , i ll i tt p sles a , l : e l d E 2o D. Her' d ' the tyll °l.' former o n r fNiCti°` 'K O W. Ring, Wednesday morning last, at Cranbrook, in — 44 4 - I , l lg, wife of Mr. ,E;ing, hanker, at that place. ivorma nJY , Lll t ° h e n s e d k i i t n i ri : e an i e i : ' s d a t . t 3 .E I a r i7P y , i 11- 1 1 t t l i s I w V i i i fe i 1 , atinlielliaartt:lit Oillitteb°o-i the Miss 111 the 29th of August, at Koue!t, infthire. I 111 r a Leatoorgeort, formerly of Bath, Selzer" — ........... - _..------'' 71 Pr intod r a i n l t E ll,mb No. l iahii Strand,e digforthy J. i aP:o P it tf ca io x ns s . o :‘ ,0 t 1 : 5.5°