The Sun. — London, England, 1824-07-16 00:00:00

• ' ''''' ' '' F "' rit' r 4.'' ' ' 'ek •• . 4 ' „.... :'.:•,, ;. , 4c.7- .:,.. , , , .".i, , , :r, t ; .4.t 6,-:-. .. , x A.. ...0 '`"" _. ' • '. • . • . ''• -' - -,.-- ' - frISI V V ..j3 I.llllolttri . . . . .-, , •.: . - , • ~N 3; I . . . -‘, • a - . . - I , Xi: a, ` . - . . . . , ... . .4.4.,,..,..3._ _ . . ...,/ .... 42 , ,- -r-s -- #.• Ait• 11. • 7:7 i ~/ . 1 9 It t w ii . pi i / ..,, / p /6 ) 4 ,. / ..,-4,,,,, it ,. • set.- / 40 (" ( ~,,.. ~ _ _ . ____ • , , .~ NUMBER 9935. FRIDAY, JULY 16, 1824. Pittcr StytNtEN6iii. INDIA. ADVOWSON IN NORFOLK. To 'be SOLD by AUCTION by slr. HOGGART, at the ' AUCTION MART, LONDON, on FRIDAY, the 23d day of July, 1824, at Twelve o'Clock for One, FriHE ADVOWSON and NEXT PRESEN- A. TATION to the RECTORY of BROCKDISH, in the county of Norfolk, on the high road from Bury to Yar mouth, 4 miles from Scole Inn, 26 from Ipswich, 20 from Nor wich, and US from London ; consisting of a Parsonage-house, Well situated in the centre of about 27 Acres of excellent Glebe, Barn, and Outbuildings ; and of the Great and Small Tithes of upwards of 1,000 Acres of highly cultivated Arable and Meadow Land. The present Income of the Living is about 3001., and the Outgoings are 71. 16s. (id. per annum. The present Incumbent is in the 83d year of his age.—Further Par ticulars may be had of Mr. W. Rodwell, Solictor, Ipswich ; Messrs. Bridges and Quilter, 2:1, Red Lion-square ; and of Mr. Hoggart, No. 62, Old Broad-street. peradventure, establish a compound fracture. Should this creature creep in on you after dinner, you may make him drunk, and then have him removed by an arbitrary Habeas Corpus.' If he conies to bre a kf as t, i n f use a n opiate into his tea; or, still better, a bri s k cathartic. For my own part I de dare for the latter method . it was always pursued with great success by a General officer of my acquaintance, who was pro foundly versed in the habits and Character of the Flagitator genus. N. B. Most of the plans recommended with this species, may be successfully followed with others. The last species shall notice is the Insinuato,' or dun by implication. This dun never makes a direct attack. Ile hovers gracefully around his pray in a multiplicity of concen. tric circles, describing the periphery of the first at the greatest possible distance front the common centre, and gradually narrowing his revolutions, until he arrives at a point where it is just barely possible to draw a dis cern ibl e line ofcircumference about the object of his attraction, This animal is neither very dangerous nor violent; but it is next to• impossible to escape hini. I do not pretend to have cmisierated here all the species, nor particularised all the habits of this tribe of animals. To do so would be to exceed the limits 1 have prescribed to this paper. It will be sufficient if, by this hasty sketch, I shall'be able to awaken the attention of profounder naturalists, to a branch of Zoological science most undeservedly neglected.—(Madrat C'ouricr.) fendant, remarking upon the nature of the Club, at whose expcnce the present action was no dbttbt brought. The de fendant might have misunderatood . the law of this case whet be detained the plaintiff's toolS. The Jury must certainly find a verdict for the plaintiff,' but... What damage has he itistarned y. The tools were offered to hit% but he refused,to accept tilt - 1n until indeed he had brought his action. For such a plaintid . , litigious as he appeared, it'a verdict were to be found: tilt; smallest possible amount of damages would be sufficient t at 4 if.the verdict were only for a shilling, he trusted his Lordship . would refuse to certify, a nd thereby deprive him of a right id' costs. GARDEN ENGINES, HAY-MAKING :%I ACHINES, Hor ticultural, Domestic, and Agricultural Implements, and Engines of every description. . ft. BAKER and - SON Patent - - mangle- Ahkeri to. His Nlajeity, acquaint IU, _ the Public, they have made an Assert `.. : . ' t went of ENGINES to wATEit GAR- A ' .' - N ur ,e ( ;141 k ; . wise, a variety of HAY-MAKING MA .t gr.. mu-. - CHINES, Seed Drills, Drag Hakes, Cat tic-notes, Chaff Engines, Family Wheat Mills ' Garden Rollers, Green House Syringes and Fumiga tors, Improved Daisy Rakes ' and Gardeners ' Tools of every kind; together with Apple Mills, %Vine and Cidor Presses, Batter Churns, Cheese Presses, and every Article used is the Dairy. To be sews at their Manufactory, 65, Fort-street, and 309, Oxford -street, near Bond-street. THE UNIVERSAL REVIEW; or, CHRONICLE OF THE LITERATURE OF ALL 'NATIONS. Price 5g.. NO. 111. of the UNIVERSAL REVIEW - will he read♦ on the 3lbt July. This Review is published evefy Two Months. Printed for 0. and W. B. Whittaker, Ave Maria-lane. • This Day were published, In Drury Bvo. price 10s. tid. beards, SKETCHES of the HISTORY, MAN NERS, and CUSTOMS, of the NORTH AMERICAN INDIANS, with a View to the Amelioration of their present condition ; to which are added, Observations on the Religion and Languages of the Indians. By JAMES 'BUCHANAN, Es 9. His Majecty's Consul for the State of New York. Printed for Black, Young, and Young, Foreign and English Tavistock-street, Cncent•garden. SECRETS OF NATURE. This 13,.1.wete_published, I. THE GP,NEA . NTIV g SYSTEM of Dr. ROBE RTON. By THOMAS LITTLE, Esq., Au thor of the Beauty, Marriage Ceremonies, and Intercourse of the Sexes, in all Nations. Fifth Edition, one huge Vo lume, Bro. 18 Plate's, price IL Is. st. LETTERS from MATTHEW BAILLIE, M D. Physi cian to . His Majesty, on the GENERATIVE SYSTEM; with Remarks by Dr. ROBERTON. Price 22. s. DOMESTIC INSTITUTES of YOUNG MOTHERS. BY:Mrs. Thomas Little. To which are prefixed, Instructions for Self-Management during Pregnanry. By the late Sir Richard Croft, Bart. M.D. Nice Is. Gd. J. J. Stockdate, front Pall Mall, 4 24, Opera Colonnade. STRICTURES CURED BY AN INTERNAL MEDICINE. -This Day vine By - • Callow arid Wilson, Prin c es- s tr e et, S o h o , an d S o ld by all Booksellers, The Third• Edition, enlarged. price 41. pitACTICAL BSERNATIONS On Silt IC TURE, and other DISEASE.: of the unwrincl, ecwribing an cirectual Mode of Cure by an Internal Medi. one, and proving the application of instruments unneces sary, and generally productive of injury. Illustrated by Cases ; and on the Origin, Symptoms, and Treatment of Dis ease in the Rectum. By WILLIAM RENOIJ, • Member of the Royal Coltvge of Surgeons, London. Front-the difficulty of the Chemical Process in the Compo +titian of the Remedy (the effects - of which are described in the cases contained in the Work), it cannot be dispensed by prescription, or in the usual course of business. For the accommodation of the Faculty and of persons residing abroad or in the country. the Medicine is sold in packets . of 23. 'rich, by Mr. Gifford, Chemist, 104, Strand HOP INTEI,LIGENCE. SOUTIIIVARN, JuLY A\ but our prices are nominally 140,0001.: .£ s. Cs. As. .1: s. New Kent 1322 Pockets . 510 to 10 Pockets 610t07 10 , Bap. -410 to 5 10 Do. Sussex Do. 6 6 to 7 0 1821 Pockets - 3 10 to 4 4 New Kent Bags 6 oto ti 6 Bags - 2 'lO to 3 3 Maxi:yrax F„ JULY 12.—We 'have arain endeavoured to obtain a correct statement of the Hop l'lantations,and have been favoured with v ar i ous commun i ca ti ons on this important sub 4 iect, phich we submit to our readers as f o ll ows LAST PECKIIAIN, YALDINO, &C.—The backward Hops are not improved, and they suffer from weak bine, of which there is a considerable quantity In this district. The - good bine is much, improved, but the quantity of this kind is small ; yet there are a few grounde promising a full crop, whilst others will not probably produce a bag per acre. The plant on the wet lands is turning yellow. LINTON AND VICINITY.—The plantations, under time hill, very indifferent; but on the high grounds, the appearance is promising and fair. Blatturrortz AND VlClNlTY.—Exceedingly diversified; some grounds very slack, other,' appearing fair and clean. The stoney grounds arc likely to average 3 or 4 bags per acre. DITTON, MAW No, and neighbouthood of Towoninar, bare some appearance of fire-blast, but no vermin. 111zazwouTit.—Here the plantations are superior, in their general appearance and prospect to most other districts. EWILURST, BODIAM, NOIITHIAM, BECKLEY, PEAS. 3 tAnsu, PLAYDEN, IDEN, and Ityr, ar c extremely, uneven. Upon -the clay soils they are very slack of bine, and yellow ; upon the light and good _soil somewhat better. This observe. lion will hold good throughout the lVcalds of Kent and Sus. sex, in almost every instance. Ronzitvsnaknox.—The Hops, on stiff wet lands, are very had in Sussex, being yellow and short of bine, owing to the late wet weather ; there is a great proportion of this kind._ On dry soils the plant is thriving ; but even on these, they are patchy, and where there is any wet to stand, they are weak. IttTronn, (Noprs.)—The- present fine weather has con siderably improved the Hop Plantations in the North Clays ; even during the late cold rain, they grew much faster than could hare been supposed ; still, however, the scarcity of bine and the number of dead hills; precludes the possibility of a full crop even in the best plantations. VVonettrEn.—The Duty on this Plantation is laid at 15 or 16,0001. Bine exceedingly weak. A very intelligent, and tolerably correct calculator, sets the Duty at 16,000/. forth° whole of the Sussex Plantation.— (Maidstone journal, July 13.) 'ire have not an trade for Hops as under. The Duty is at On Tuesday last, about twelve o'clock at = noon, a man speaking the Spanish language, was found on 111 r. Aines' ground at Bayswater, suspended by a cord 1 from an old tree, near the Uxbridge,rostl, - with every appearance of struggling for life ; he was soon unloosened, Air. Innen the surgeon was sent for, and every atten. tiers paid him. lie Isleaded poverty as an excuse for 40 rash an attempt. Several small sums of money were . gi oo ve r n . _ him, after wh ich he s iV was ca refully conveyed washed,amveyed to the and and a ft er lii nt'lakinh_ouitsehaet lyadratztottwfarerdlsl cloth e d duskin the evenin g, he de eampeft through the Poor-house window. Being a man in aound health, and the same circumstance occurring a few clays 41 lieo it Chelisea, it is suspected he makes a living by hanging 1- !inns& l Selectionsiront the .Asiatic Newspapers.) DUNS.--A SUPPLEMENT TO LINN/BUS. "Sir, remember my biII."—ARBUTIENOT. A Dux has ever been to me an object of the most intense interest. From my earliest youth, ab ineuszte adolesrentia, metaphorical " hot water" has been my habitual element, in which all the world knows that duns are as plentiful as whales in the Arctic seas, or herrings in the Bay of Chesapeake. As have enjoyed thegreatest facilities of observation and experi ment on these animals, I may, without vanity, pretend to some acquaintance with their nat ura l hi stor y, an d think myself well qualified to write a dissertation on. them. Dun ? undo derive. Cur? Johnson says from dunan, (Saxon) to clamour. In this - etymology I can by no means coincide. All duns are not voci ferous, as I trust I shall b e a bl e t o d emonstrate i n t h e seque l. This Johnson ought to hare known from his own experience; but probably be had been assailed by a rattle-dun a little before he came to this world in his dictionary, and so was induced to this suspicious derivation. I reect it, however, from its want of general applicability, and humbly' propose two ingenious etymologies of my own.: Dun from possum, bemuse tt dun does his b e st, Pit tont son poszi6le, to get his money; or from the adjective expr ess i ve o f t h e colours so called. I confess I am strongly prepossessed in favour of the latter conjecture, by what Newton says On this subject : his words are,—" We are not to expect a strong and full white, such as is that of paper, but some dusky, obscure one, such as might arise front a mixture of light and darkness, or from white and black; that is, a dun." Now this I take to be a complete description of the animal and his habits, as well as of the colour.—" %Ve are not to expect a strong and full white," &c.: This applies to that part of a dun which, in zoological science, is usually termed the bill. Now this, as Sir Isaac well observeal'is never Completely white, but always marked with dark characters, and it often assumes a dusky hue—the result of neglect or too fre quent pecking. What the unquhile Master of the Mint says of the mixture of white and black, expresses the dun to the very life; who always gives us every thing in black and white. In fact, the whole description compl e t e ly tallies with all welnow of the habits and character of duns in general. The terms— " dusky," and " obscure," express the gloomy looks and tene brose demeanour of the dun, and the mixture of light and darkness marks the wavering, undecided character; the in firmity of purpose we often observe in those beings,—a sort of insipid medium between saint and devil—a composition neither fish, flesh, nor good red herring. So much for etymology. The dun, or flagitator,' is a genus of the division Adlite rentia, class Dammalia, order Boreana. This animal bears some resemblance to the human form, and possesses the fa culty of speech, but not that of reason. The generic charac ters are :—Bill, length more or less ; incisors, remarkably sharp; claws, perfectly retractile, as in the true carnivora, and 'capable of the most wonderful tenacity ; face, of great longi tudinal extension ; sight, very acute. Many of the individuals of the different species are furnished with long tails. The first species I shall notice is the ltattledun, or Flagita tor Clamitans. This is a most pestiferous animal, but more • noisy and troublesome than really dangerous. It is an inhabi tant of all climates ; but I think it abounds more in France and Ireland than in this country. The mode of this animal's attack is by the voice. Its clamours are dreadful, and some times produce the most violent effect on weak nerves. The best way, when attacked by it, is to remain quiet, and offer • it no opposition. It will soon exhaust itself by its own, vocife ration. If irritated by resistance, it will continue screaming for hours together in the most horrible manner. The females of this species are far more numerous than the males, and in finitely more formidable. The next species is the Flagitator Prolixus, or long-winded • dun., This differs from the last specific variety in being much less loud and noisy, but infinitely more tedious and persever i.ng in its gabble. This animal deals in prosing narratives, of immeasurablelength and dulness. When it once begias, it is next to impossible to stop or even interrupt it : it literally •drowns its victims in &shower of talk, as the pole-eitriontlThers its pursuers in a shower of another kind. For my own part, I cannot reconnuend any more effectual defence against a dun of this kind, than patience, and cotton for the ears. The evil gives way only to this remedy, as gout is said to yield only to patience and flannel. Interruption only prolongs the nut.' sauce. N. B. This a ni ma l sports a prodigiously long tail. The Flagitator Mutus, or silent dun, unlike the two last species, vary little. But lie Makes up from this, by the most struculent and ominous scowl that can be well imagined. Ter ror seems seated on his brow, and dark unutterable ponderings. He is not, however, so dangerous as at first sight m i g ht b e 'supposed. This gloomy and fearful aspect is more generally indicative of constitotional surliness, and a sort of phlegmatic discontent at insolvency, than any settled ill-design or deep rooted malevolence. Irlie appearance of a dun of this kind causes, at first, some very uncomfortable sensations, but custom soon teaches us to regard him without uneasiness. Like King Log, lie causes at first a terrible fright, but after a while is apt to grow contemptible. The only danger to be apprehended is, that we should become too careless about him, and neglect all salutary precaution. For, in spite of Lis usual quietism, his latent ferocity will at times break out, and incite him to peck most fatally' with his hill. -England is the native country of this species, though it is often found elsewhere. The Flagitator Subridens, or smiling dun, is quite opposite to the last in external characters. 'I countenance is 111”- Viably dressed in smiles, and melting compliments flow from the tongue like manna. An acute observer can, however, easily discover the smile of this dun to be nothing but the rises Sardonicus, which Johnson somewhere admirably defines to be " a distortion of the risible muscles, without anycorresponding hilarity of the heart." This an i ma l is by far the most dan gerous of the whole tribe, and ought to be shunned like a pesti lence. He' smiles amiably at the very moment he is 'about to play the most scurvy tricks. A dun of this species entered my room one morning while I was sick in bed, and after condoling with me on the state of my health, and expressing the most ardent wishes for my rec over y, d ragge d me out of bed, with the assistance of two other animals of the genus bailiff, and hurried me away to a loathsome den at some distance, to the manifest peril of my life. From this hole I did not escape for many days, nor without very considerable loss of blood, from the bite of a sanguivorous animal, which bears a very strong analogy to the Vampyre-bat of the West Indies. Another species is, the Flagitator Tenax, or adhesive dim. This dun fastens on his unl u cky v i c ti m , an d s ti c ks to him so closely as to require the utmost violence to effect a separation. When you meet a dun of this kind abroad, he seizes you by the skirt of the coat, or some other part of your dress, and generally accompanies you Wherever you are going, uttering a low inarticulate sort of growl, in which you may occasionally distinguish the words, long due," " hard times," " much credit," &c. &c. If you receive a visit from hint at your own house, you may think yourself fortunate if he leaves you within four hours. There are many ways, however,, by which you may shake off these troublesome animals. You may some times leave them in the channel with good effect, when they attack you in the street. This may be done apparently without intention, while you seem to evade a justling pas senger on your other side. A friend, more good-natured than Fuscus Aristius may sometimes preserve you, by carrying you of by main force. Au excellent method is, to rush with your appendage into a thick crowd, or cross the street in an impetuous torrent of carts and coaches. You are sure to lose him by this means, and it is 'ten to one that he does not break his neck in attempting to follow you. if you see him before he fastens on you, you may drive headlong against him, and push him down, without stopping to make an apology. This you-will find a most effective application of the medical maxim,' Venienti occurite niorbo.' When he has actually seized you, yon may . feign sickness, run into a shop and call for cold 'water, or begin to foam at the month'like a mad dog. Your persecutor will be off immediately. A mode, near kin to this, is to pretend that you are just recovered from a typhus, or other contagious disease; just landed from the %Vest Indies, where you left the yellow fever at its height; or that you have brought over the, plague in your breeches-pockets from Malta or Constantinople. If a dun of this tribe should enter your house, there are various modes by which lie may be dislodged. You may smoke him out, as they debugs, by heap ing your fire with green wood. it be winter, you ma starve him with co ld, by k ee pi n g in a room without a fire; or, (as Dean Swift once served a shoemaker) you May lock him up for some hours in your garden ; or else, you may place lihn in a strong draught of air, so that he shall Infallibly catch the acute rheumatism, or some worse disorder. Menou, the French General, of Egyptian celebrity, once flung an animal of this kind out of a window at Naples; but I can scarcely venture to recommend the adoption of this plan in England. It might be dangerous. Besides, the result of such an-experinient could never be calculated with sufficient precisiou ; and whileyosi intended only a s impl e s prain, or s light di s lo ca ti o n, you might, LAW INTELLIGENCE. COURT OF CHANCERY; JULY 15. JOHN BULL NEWSVAPEB. RIACKELL AND OTHERS V. MACAULAY. This case was before His Honour the Vice-Chancellor soma time back. The plaintiffs in equity, who are defendants at law, filed a bill for the discov er y o f evidence in Africa and America, and for a Com Mission to examine witnesses. This bill stated that the plaintiff's were proprietors and printers of a weekly Paper called the John B u ll. O il th e 2fals October and the 9th Nov. they published in that Paper two articles on 'the subject of Shivery, in which the present defendant, Mr. Macaulay, con. sidered some unfounded and libellous aspersions to have been cast on him, and therefore brought kis action for libel in Jan. uary, 1824. T. this bill Mr. Macaulay demurred, and the demurrer was allowed by his Honour the Vice-Chancellor on the ground that the bill was multifarious. _ ...... Mr. Sun DEN now addressed the Lord Chancellor and said that he wad obliged, through the illness of His Honour. to mention to his Lordship a case with which he believed his Lordship to be hitherto unacquainted. It was that of Shackell and Macaulay, arising from an alleged libel published in the Julia Bull News paper. Two actions at law had been instituted by different persons against that Paper, for two several alleged libels. The cues were brought into the Vice-Chancellor's Court by bill, praying a commission for the purpose of examining witnesses in Africa and America as to the truth or falsehood of the allegation charged to be libels. A demurrer was pleaded by the other party, and beard on the 16th of June. The Vice- Chancellor allowed die demurrer, on the ground of multifa- Hominess. The other case is that of Shackell and Thorpe, which is to come by appeal from his Honour . the Vice-Chan cellor to his Lordship. Two separate bills were then filed by the John Bull proprietors on the Ist of July, one in each action. The case lay by till yesterday, when two demurrers were filed by the adverse parties. The trial of the action at law was to come on mixt Saturday. Mr. Sugdon's present application was for an ad bileriaa order to stay that trial until the demurrers should have been previously beard. Loan CIIANCELLOD—If you apply in my name to the Chief Justice of the . King's Bench, and get hun to postpone the trial. from Saturday to some day towards the end of next week, 111 hear the demurrers on Saturday. Mr. SUD DEN declared his intention of following his Lord ship's directions. Mr. SnanwELLresumed the case after a (porter of an hour, and complained of Mr. Sugden's application ft; an irregularity. Mr. Shadwell's client had received no noticeof it.' The Loan CHANCELLOR said, he sent a simple request to the Chief Justice to put back the trial. Mr. t.t. submitted that it was but a sort of,untr. twos prohibition ; Lis clients were ripe fir trial. The opposite party ought to have tiled a proper bill at first. ' His Lordship's present order was but giving them the benefit of their own mis management. The Lout) CHAN crt Lo a said, that ell the benefit which he intended to give them was an opportunity to justify their allegations. No doubt truth itself may be a libel ; but every body knew that the truth or falsehood of the objectionable al legations had always much influence in regulating the amount of the damages. The applicants prayed an opportunity to jus tify their assertions. If the question of libel were tried without their haring been allowed the means of justification, a verdict found against them at Common Law could not stand a moment. The plamtificould not, under the circumstances, get a penny of damages. If the Chief Justice should consent to defer the trial till Monday, his Lordship would hear anti decide the de murrer on Saturday morning. It should a l so b e un d erstoo d , that though he bad granted a delay to the applicants here, he intended that they should pay forit. UTE HARBOUR.-,JUDGMENT. - - His Imansittr. decided in this case, that the sluice on the river Bother was clearly a public nuisance; that the finding of the .lury was quite correct. He should of course dismiss the motion for a new trial ; but would draw up such an order rela tively to the degree of alterations necessary to be made, as would, he trusted, meet the justice of the case, without injur ing the interests of either partles.--3lotion dismissed. COURT OF KING'S BENCH, JVLY 15. CHANDLER V. HATCHES. This was an action of trespass brought by the plaktiff; who is the landlord of the White Mart public-house, in %%ate Hart row,'Gray's Inn-lane, against the deferdant, who was a parish officer of St. Marv, Islington, for having put an illegal distress into his-house. The defendant pleaded that lie put in the dia. tress for poor-rates due to the parish of St. Mary. Islington, from the plaintifras occupier of the said house. The plaintiff by his replication denied that his house was in the parish of St. Mary, Islington, and Upon that replication issue was joined On the part of the plaintiff much parole and documentary evi. dence was offered to prove that the plaintiff's house was in the parish of St. Pancras, and similar evidence was produced by the defendant to prove that the house was in the parish of St. Mary, Islington. hits Lottpstrir summed up and left if to the Jury to say which evidence was the more consistent with probability. The Jut 7 immediately found .a ver di ct f or the plaintiff; thereby establishing. that the White part, public-house was in Saint Pancras parish: 'and the datiutges were awartla by the mutual consent of the plaintiff and defendant to be 54 TtEL. WARBURTON V. VIITFORD AND llty l iow. IINDALI in opening the Pleading* stated this was an action brought by the plaintiff to recover horn the defendants compensation in damages for a libel published by them upon his character. The defendant 3litford suffe re d o by default, and the defendant B enbowjudgment to pled the general issue. _ _ .Alr. Mgt/GUAM stated the case for the plaintiff. The Jury hail heard generally from his Learned Friend, that this was an action which the plaintiff was under dip necessity of bringing for the vindication of his character. The libel purporting to be written by Antrimd was published by the other defendant, and he would venture to say . that in the whole history of human malignity there could not be found one libel which could at all be compared with this libel, for wickedness, for slander, for recklessness of the feelings of others. Ile knew that he set opt with making a very com prehensive assertion, but h e was satisfied that the Jury, when they should have heard one or two of the libellous passages, would be of opinion he had not overstated in the slightest degree the nature of the libel. Th e gent l eman whom lie had the honour to represent was a gentleman of great experience, and of the highest respectability in the medical world, a gentleman who had devoted himself for years to the study and the management of persons afflicted with that last of all human calamities, insanity. The plaintiff was brought up under a 'gentleman named -, who had for nearly 110 years practised in that department of his profession, and when that gentleman retired from the profession in the year 1700, the pl a in t iff' too k up his business, and carried it on since that period on his own ac counti and WAS now the proprietor of many establishments for receiving patients afilicicil.with diet melancholy disease. The plaintiff was not 'Only well known to medical men generally, but. early in life he had obtained ,the confidence, and, as a result of that contidence, the friendship of gentleman of the greatest skill 4110`cIptrierICe 14 thelnvdreal'prtifession-‘,lO meant the late Dr. SWillis, who entertained for the plaintiff the most uninterrupted friendship and respect, from a knowledge of his great skill, his great humanity, and the success which attend. eel his efforts—a success which that gentleman well knew mild only be attained by a uniform system of care, and a unicorn) system of kindness. The Jury would naturally ask what could tempt a man who had a knowledge of the interior of a mad house, as one of the defendants, 111itford, unhappily had, to in vent those calumnies which formed the groundless fabric of this libel? And the two pamphlets published by the defendants, there was not, with the exception of the *tames of the patients, a single passage which was not the dream of either a distein pered mind, or the result of the snort malignant malice. He would read the libellous passages, and he would then lean the Jury to divine what but the most base and sordid hope of lucre could induce the defendent Benbow to publish such base and malignant libels Learned Counsel here read the libels, which purported to be written by Mitford, charging the plain tiff with having encouraged his servants to use his patients in the most brutal and cruel maaner.l—The plaintiff regretted more than any man that either of the defendant% had not put a justification upon the record, and thus enabled him by evi dence to rebut the foul imputatiens cast upon him and his see. %ratite; and theexanduet of the defendants in this respect clearly proved that their object in publishing those libels was to In dulge in slandering the character of the plaintiff. The plaintiff was, when this pamphlet was first publi:h d, placed in a most painful situation in consequence of the names of his patients, some of whom were connected with families of the first re spectability, having been given at full length ; and he knew that by . bringing the question .into a Court of Justice, he must give greater publicity to their unfortunate situation, and he was therefore obliged to try and obtain the consent at' the relatives of his patients—the consent of those to whom he was holl' a f es r e w t htfaleilsisept plaintiff most anxious to prove that the charges were groundless.— te n ettit s ,l(ii w lr e:ltin e wg r coen e el: n lwii a o.goi n ittr:sl t bd r disinclined to give, their consent, e gi t e cor obliged t tc o ri eioi f ln o gwa r ol b tt e eturi publications, question cea t ttii oot unpardonable, s e n consequence nt o ai ol eaar(tit of insJtetaidsticoef. indictment , and for tcillosreenasoton,preoleaeroinbtyheacnteioxnt day after the trial the defendant might turn round and say— " You dared not to proceed by action, because you knew I could prove a justification." The Learned Counsel then de tailed the conduct of the defendant Benhow when he was served with the copy of a Writ, and expressed a hope that the Jury would not in consequence of the alleged poverty of the defendent Benbow give moderate damages, because if he could not suffer in purse he must suffer in person, for hav ing published such foul and malignant calumnies. He should make one other observation, and that was, that as the names of the plaintiff's patients were given in full length, his Lord ship would, as far as the Rules of the Court weuld permit hint, suffer the libels to be read without mentioning those names. Dr. Hume-1, as a physician, have visited Whitmore House, under the authority of the Act of Parliament, from September, 1820, to September, 1822. The establishment is conducted by a person employed by the plaintiff. The licence produced, and dated the 19th of October, 1021, is signed by me. I have visited another establishment called White House. It also be longs to Mr. Warburton, but it is under the immediate care of Mr. Talbot. George Brand—l went last July to the defendant's shop in Castle street, where I purchased the.. two pamphlets now pro. duced. I bought them from Benbow himself. I 'served the defendant Benbow with a writ on the 31st of last October. I asked him if his Dame was William Ben bow, and ho said it was. I then told him I had a writ to serve upon him. Ile said he was glad of it, as he did not think Mr. Warburton would have gone on ; that it was a good day's work for him (Benbow), as helived by selling books, and that he should make 5001. by the book. I asked him if he intended to publish any other pamphlet, and he said he did, and that it would make the hair of my heati stand on end. At the time I made the purchase, he gave me thevlaeard now prodneed. The placard was handed to the Jury, but Mr. Brougham said he did not wish it to be publicly read. John Dunstan—l am a medical man, and hare attended Whitmore-house professionally for 22 years. The persons whose names are in large letters in this publication were patients at that establisliment. The pamphlet was here put in, and the likllons passages Were read by Mr. Bellamy. This was the case for the plaintiff. No person having appeared on behalf of the defendants, His Lounstm , suu►med np, and the Jury immediately found a verdict for the plaintiff—Damages DUO!. COURT OF COMMON PLEAS, JULY 15. TEASDALE v. TOPLIS. Mr. Serjeant TAnDY stated, that this was an action of trover, the circumstance s o f which were shortly these:-The plaintiff is a journeyman cabinetmaker, the defendant a master cabinet maker. The plaintiff' was employed by the defendant to per form certain work for him ; but before it was finished, the plaintiff having been bil'ered what he thought a better situation, wished to withdraw his chest of tools from the house of Mr. Toplis, in order to secure his new engagement by depositing them with his new employer. The defendant thought proper to detain the chest of tools ; and it was to recover compensation for that detention the present action was brou g ht. Since the commencement of this suit the ch es t o f tools was returned. The Jury would perceive this was an action for tools; his Learned Brethren, Vaughan and Pell, were the tools by which the defendant meant to resist this action ; but it would have been better to have relied upon law and justice. Mr. Serjeant VAuGHAN—Your first observation was car. rect. Brother Toddy, and your client will find that we are tools that *ill work well.—(A laugh.) Mr. Serjeant PELL—Ni r e are the very tools described by my Brother Taddy ; Brother Vaughan is Law and - I am Justice. _ _ The CHIEF JusTICE—T hope, however, that law and Justice will never be made the tools of anybody.—(Loud Laughter.)—Mr. Serjeant TADDT then proceeded to call— Jon Brand, a cabinet-maker, who proved the refusal by the defendant to deliver up the plaintiff's chest of tools, on the ground that the plaintiff had not finished the work he had under taken to do. The plaintiff told defendant that he had left out tools sufficient to finish the job with, arid that he would conic in the evening and complete it. Mr. Toplis said he should not have the chest until the work were finished ; adding, that if the plaintiff spoiled the work, he (defendant) would sell the tools to indemnify himself for it. Cross-examined—l am not a member of the Society (of Jour neymen) who brought this action ; I was turned out of it about a week ago, for the purpose of qualifying m e to b e a witness here, tine! suppose I shall be re-admitted. Th e So . ciety to whic hl I belong is formed for the purpose of insuring our tools against fire. There was a "strike ' by the men in de fendant's employment. Mr. Toplis keeps his shop in St. Paul's Church-yard. Phree of his men left his employment ; I was one of these. It is not the course anti usage of the trade for. the masters to hold the journeymen's tools until the work they undertake shall be completed. I have heard from the plaintiff that there was an unsettled account between him and Mr. Toplis, and that there were a few shillings due to Mr. Toplis by Teesdale. The work undertaken by Teesdale was not finished at the time of his demand of the tools. About a week after that demand Teesdale received a message from the defendant offering him his tools ; but the plaintiff refused to take them, lest the costs of the action which had been commenced by him for the pur pose of recovering them should fall upon himself. I did not advise this action to be brought ; nor was I at the meeting (of the journeymen) at which it was determined the present action should be brought. Mr. IValls is the Attorney of the Club. — The plaintiff has got his chess Henry Menzies, a journeyman cabinet maker, corroborated the testimony of the former witness. Cross-examined--I ceased to belong to the Society (of jour neymen) about a week ago, to qualify me to appear ruin witness in this action. The clerk told me 1 was struck off the roll.— (A laugh.)---I cannot tell the number of members hi the So ciety ; there may be three; there might be thirty; there might be 100. Mr. Sergeant PELT.—Where is your club-room P—(A pause;. the question repeated) Witness —I do not think that question deserves an answer. The CIIIEF JuTTICt desired the witness to StigWer• Witness—l think it is a t t h e . Coach and Bones, NeviComp ton.street. -- Walls examined—l am Attorney for the plaintifr, and Cross-examined—l a m n ot einplord h a d my instructi ons f rom hi m . the Society ; I know of no Society ; I h a ve got no ;security for my costs. Plaintiff's case closed: Ar. Sergeant V.avotioat thenaddreesed the Jury for thtde• The Curry JUSTICE —Brother Vaughan, I think that'nb servation ought not to have been made. It rests With the Cotier to certify or not to certify. / will put an end to this relent': tice ; and because the subject hat beeamentioned, I w ceri tify in this case. Mr. 1 4 Cr i getillt VAUGHAIr-4 trttst,'my Lord, that the inati. vertency of the Advocate will not be visited upon the Client. The CHIEF JUSTICE—Proceed, Ilrotlit? Vaughan ; at all events, is not the proper time to entertain that question.. J. Thorley examined—l The witness (who is fireman of the defendant) proved, that in about a week or"ten days after the refusal of defendant to deliver up to Teesdale his tools k the de.: fendant served him with notice that he might have then. The 'altness -made a similar, but verbal offer: At the time when the plaintifiquitted defendant's employment, there wash small balance due by him to defendant, and the work lie had in hand (a Ecio table) was unfinished. The plaintiff' with two other men came subsequently, however, and finished it, but it was badly finished. It split in the top in consequence of its having been badly managed by plaintiff:, Mr..Serjeant; TAIMY replied. The-Cfmr-JosTlCE'then charged the Jury to fi nd a ver dict for the plaintiff,, as the defendant had no right to detain his tools. If JciurneyMeli refused to 'finish their work, there was a Statute no doubt to meet that case; theY were also liable to an action 'for breach of cOvenant in common with all other classes of society. The right of the.plaintiff to recover wa% therefore dear, the amount of damages was the only consider ation for the Jury. There was every reason to suspect that the costs of the plaintiff in this action were to he &flayed by a club, but we must not proceed on suspicion. I 1 is Lordship then proceeded to animadvert upon the illegality and injurious tendency of clubs. of work Men to • raise their wages. Those of masteis to keep theni down were equally illegal. Every man . has a right to set *Upon his labour whatever price he pleases—every employer has an equal right to refuse purchasing such service unless on terms which he himself approves—hut both on one hand and on the other, combination was illegal. His Lordship then referred to the facts of the case, and Concluding by remarking, 'that the de fendant ought not to have contented hitriqlf with of to tft . o plaintiff his tools, they should have been sent to him. After a consultation of a few minim's, the Jury found a ver: diet for the plaintiff-4Jamages, 101.' EDINBURGH, JULY 1.1. 1, &W—A LIM ENTA RV ALLOWANCE, &c. A case of considerable interest was discussed in the First Division of the Court on Friday. IL was the mother of a na tural child ; and it was said she had acted in the capacity of a common home, servant to the father. It was not denied, how ever, that she had been intrusted with the keys of the father's repositories at the time of his death. The father had settled on the child—now five years of' age—a fortune of upward,. of 50,000/. ; appointing trustees and tutors and curators, of whom the mother was not oo Loc e i . :i ' s l h i wa i i l p e atiestil: l sb nother wished to retain the custody of her own child, while an infant ;_ but offering at the same time to give all other facilities for ha proper maintenance and education, and expressing a wish that a respectable and qualified governess should immediately be em ployed. The trustees considered the mother—from the rank in which she had rtiovad—from the stein which frailty had fi x ed upon her—and from' her want of education—to be ttlferly: un fitted for having the custody of a child, having such prospects but they were willing, that she should reside near and have all reasonable means of access to her daughter. Differing in this , manner, the mother brought an action for about GOOl. a year of eeoilTaht: prin. alimentary allowance for her child. This action was opposed by the trustees, who, by the Dean of Faculty (Mr. Cranstourt) and Mr. Solicitor General, contended the custody of this child ought not to be in the mother ; that there was no remission for women who had once been frail ; that no well-educated; re spectable lady, qualified to instruct the child, according to her prospects; wouldlive in the same house with the mother; that the good of the child required separation from the mother that the Court hail power, and ought to exercise the power, of Resigning the 'custody to the tutors. Messrs. Moneneff and Marshall contended, that, by , law, the custody of the child was entirely vested in the mother, at least for seven years; that this had been decided—and recently by the other division of the Court ; that the custody of a natural child belonged to the mother, even when the father was alive ; • that the fattier could not confer higher rights on trustees, or tutors (whom, by the way, he could not name for a natural child, except as to the fem. tune he might leave in its favour), than had belonged to him 4elf; and that the Court could not interfere, unless a case of improper treatment were made out. The Lord President said, it was impossible to satisfy himohat this child could be properly • educated in family with her mother. The idea was wild and ri diculous in the extreme. There were boarding schools even in which natural children would not be received ; and no lady qualified for instructing this child would associate with her mother. His Lordship had no doubt whatever. Their Lord. ships were thc.ultimate guardians of all the pupils in Scot. land. They had a right to interfere when circumstances required, and the interests of the pupils, and the inte rests of the . pupils only, was what influenced and guided their Lordships in such cases. As to the case founded on, he would, had he sat in the other Division, have been of a very different opinion. The mother, in that case, had married a low spirit dealer , one of the most disreputable occupations in the country. He would have been for removing the child. There was also something in the shape of that question ;. but it was one decision only, and his Lordship could. not regard it here. In this case the character of the media is lost irretrievably—her conduct was ungracious and un motherly, in the highest degree ; anti he would not give her one sixpence beyond what was compulsory and indispens. able. Lord Hertnand was of a similar opinion. - The child was entitled totave a governess of the very first character and 'accomplishments. Such a person could not live with the Ma ther. The welfare and prosperity of the child required that she should be placed in other custody. Lord lialgray regretted that the question had been agitated in this form. It would have been more prudent, and better for the child, if she mother had takem a different course ; but their Lordships were bound to de. a' their " itarvtie . c o i l d e c c a u cco stoa rt y lin o g r t n o ati l l e r r i l a p ti r l i d n r c e i l p i i t ? , the T m he or l h Aw er t f placed. ships, from time immemorial, hail given effect to it. which ought ciple was also deeply founded in the laws Orm"re ' the not rashly to be torn asunder. And if the law gave custody " In 't urei tl i'ti t t ° ity d t rot a r i l e n a :a t at :t irri l g c ea pr yt 1 0 .,1 eA v it tn i r e ti d utht f e o etis r ir , , t w e it t i lLe ta i n n i o n t n he g r t , o ‘ s v ee ere thi t a h t e t i h r e gard the interests of the child ? ordired and attended to, In the tarmoriols.—(Rdinburgh Cantata.) wlisiriliShui exercisep g _... c c concurred h u dtal:inciiclr t e l ti generally oa e nt al !I li ; n c i i : t u h is e nftl : r : nl w It Lord h e i ti t') a 1 g eh a : m e e : tal h l r ' o e u ne g e h e th ot e tr u t .h a o g i a e i e n o s t t l f f , --- A epirit-tlealer on the Castlehill, PM I, 1 --.nmurgit, ot t ' SADLEn, for damages he alleged to have sustained, in come. q I access to his house on the darthat gentleman useended - i; hi s ntrl h eol e .lle n y t i i;i n n;er ; oss furaonr th tle c ro, s n tr t,et e m e ot t ien p gt r h e ae d sge tt a d n i precluding hint en w f ri: on brought an muffle in the Jumtici balloon from Ileriot-green. The damages were laid at Nb f ress and egress into col. alA 1 fact e was ready prove , that the spirit-dealer had, the day, except, perhaps, for a few mit bis house, both for himself and friends. had so cheerfully paid; The Judge, on lutes, when the sl !t ut : tet ee p i ird u c e i wt l h i oaelle took place at the barrier, free i n ' 'gime that he and his family had been mire'tot ar4"ared' besides, out -being charged h t e small so- i tiled the Castlehill with which every one, before the barrier was forced, considering all the circumstances, from the situation of the pre ntisel, and from the fact that all the shops in the other parts of the city were shut, andall not help thinking the' complainer had over-estimated the pro ceeds of his t- and very properly dismissed the action with costs. ACCIDENT.--A fine bey, six years of age, raps , killed on Tuesday evening, faring the Red Lib U I eali,..roT, Inackftiart-road, being run over by a boric that bzokii