The Sun. — London, England, 1842-01-28 00:00:00

EVENING SUN PIRILT of th THE DUBLIN LEVEE OF TUESDAY. SHUTTING OUT OF THE WHIG GENTLEMEN !—The show is not, apparently, so great as the last—though we are told that. Mr. Sidney Herbert left the Arch bishop of Canterbury to baptise the Prince of Wales, for the purpose of attending his Excellency, as well as of voting at the election—the Mail thus giving us to understand that the said Sidney Herbert preferred the interests of Young Grig and the Orangemen of Ire land to his duty to the Queen. We shall have an ex planation, of course, of this extraordinary and very inconsiderate escapade of our Contemporary. But, in the meantime, we have to state that the Castle doors were jammed full in the face of several Whig gentle men who attended the Levee. We have heard some of the names of those who were insulted ; but, as much more will be heard on the subject hereafter, we shall forbear for the present. We may say this, however, that the present Levee is the last—whatever his Excellency's tenure of office may be in Ireland—in s which he will ever see the face of a Whig or Liberal within the precincts of the Queen's Castle. We need not add how delighted we are at 'this. POUR O'CLOCK.—We have caused inquiries to be made touching the extraordinary circumstance mentioned above. The statement we find is quite accurate. Among the most prominent Whig characters who were shut out from the Vice-regal presence were Alderman Purcell ; David Ross, of Rosstrevor ; Captain Laird, Member for Carlow ; one or two Whig parsons ; and about sixteen others.—Dublin Evening Post of Tuesday. LLOYD'S SHIPPING. EAST INDIA SHIPPING. Arrivals.—Ann Lockerby, Burt, from Mauritius, in the Downs, sailed 31st October ; Sir Charles Forbes, Bacon, from Mauritius, off Margate, sailed October 4, Cape, Nov. 20 ; Margaret Bergh, from Moulmein, in the Downs, sailed Aug. 3, St. Helena, Nov. 27. Arrivals in Table Bay, Cape of Good Hope.—Achilles, Nov. 13, from Jersey ; Mary Reid, from Algoa Bay ; Sultana, Scott, from London, and sailed, 16th, to Sydney; Anna, Page, from . Rio ; Ninus, Ludlow, 14th, from Simon's Bay ; Levant, Holmes, 15th, from the Mozam bique ; Emma, Aubin, 18th, from Marseilles ; Royal Albert, 18th, from Calcutta. Departures from Table Bay.—True Briton, Coonsitt, Nov. 12, for Madras ; Janet Muir, Thomson, 15th, to Trieste ; Coriolanus, 17th, to New York ; Iris, Fisher, 17th, to Madras. Departures from Simon's Bay.—Mexborough, Bridg man, Nov. 12, to Hobart Town ; her Majesty's brig Curlew, Ross, 17th, to East Coast. Arrivals at Mauritius.—Sea Witch, Oct. 19, from Bourbon ; Charles Hiddle, 21st, from Angoutey ; Cale donia, 23d ; William Allen, 26th ; Lord Saumarez, 27th, all from Madagascar ; Marchioness of Breadalbane, 28th ; Lawrence, and Elizabeth Walker, all from Calcutta. The Juverna, Ramsay, and Eliza Leishman, were to sail Oct. 30, from Mauritius, all for Calcutta. Arrivals at Teneriffe.—Her Majesty's ship Cambrian, Nov. 22, from Plymouth, and sailed to the East Indies her Majesty's ship Siren, Dec. 3, from Plymouth, and sailed, sth, to India ; John Brewer, Dee. 27, from Sheer ness, and sailed, 28th, to Hobart Town ; Doolcot, 30th, from London, and sailed, 2d January, to China ; her Majesty's ships Belleisle, Sapphire, and Apollo. 30th, from Plymouth, and sailed let January, to China. SALE OF A MENAGERIE- Yesterday, the splendid collection of wild beasts, ele • phant, &c., belonging to Mr. Batty, was sold by auction by Mr. Wisby, on the grounds of the Beehive Tavern, Castle-street, Walworth. There were upwards of 300 persons present, among whom we noticed Mr. Womb well ; Mr. Oliver, of Cheltenham ; Mr. Isaacson, pro curer to the Liverpool Zoological Gardens ; and a greal, many dealers, &c. (Tile first twelve lots comprised a variety of monkeys, which varied in their prices from 30s. to 12s. ; lot 15, puma, or silver mountain lion, 141 ; lot 16, handsome Senegal leopardess, 9/. Clot 17, a hyena, 71.: lot 18, splen did Barbary lioness, 241 ; lot 19, handsome Bengal tigress, 90/. (Wombwell) ; lot 21, a white Polar bear, supposed to be the largest in England, 37/. ( Wombwell) ; lot 23, a fine esquimaux sledge dog, 2/. ; lot 26, hand some gold . pheasant, 2/. Bs. ; lot 28, handsome silver ditto, 11. 3s. ; lot 37, handsome orange-crested cockatoo, 3/. 12s. 6d. (Wombwell) ; lot 40, handsome peacock, 1/. 2s. ; lot 41, handsome performing Barbary lion, 1051. (Oliver) ; let 42, ditto, ditto, lioness, 941 10s. (Oliver) ; lot 43, handsome Senegal performing leopard, 34 guineas (Oliver) ; lot 44, ditto, ditto, 25 guineas ( Wombwell) ; lot 49, an Indian buffalo, 9i- guineas ; lot 50, a sagacious male elephant, about eight years' old, and very docile. This lot caused great com petition, Mr. "Wombwell commenced by offering 501. the bidding increased until it reached 3501., at which sum it was knocked down to Mr. Oliver. The travelling-vans, &c., were then sold, and fetched high prices, It is said that the elephant was worth 5001 LAW INTELLIGENCE. field for the I COURT OF EX ,CHEQUER, Jan. 27. The Conservatives are already t by the elevation to I LIVERPOOL E d L y E in C t T he I lON. h 1 JEWISON V. DYSON. the judicial bench, of Mr. representation of Liverpool, Cresswell. 'acan T e two gentle- This case had been already before the Court on Friday o ed themselves are former r re is S a ir bac H k ow bo a n r e d . last. The question was as to the right to appoint a Co- D m o en og w las ho , ' roner within the Honour of Pomfret, which was claimed lhaateveGoavnneronuonrc. f the lonian Islands, and the 1 by the plaintiff as nominee of the Crown in right of the list, and a Tory of the most bigoted school. Duchy of Lancaster, and by the defendant as the ap onoo Twice has he set forth his claims on the good people of Right Hon. J. C. Herries. pointee of the freeholders of the . West Riding of York- Liverpool, and twice has he been most unceremoniously shire. The case was tried at the last Assizes for York rejected. Mr. Herries was formerly connected with the shire, and a verdict returned for the plaintiff ; but at the Board of Trade, was Member for Ipswich, th e const i tuency commencement of last term a r u l e was granted to show of which place soon became tired of him, an d e l ecte d an- cause why the verdict should not be set aside and a new other in his place. The Right lion. Gentleman's defeat trial granted. Mr. Cresswell, who opposed the rule on in Liverpool is certain, if he should hare the pre- Friday last, submitted that, under the Charter of Richard sumption to allow himself to be nominated. The the Second, the Crown was entitled to appoint a person Liberals have not been idle. Although they have not to execute the duties of Coroner in the locality referred yet announced their man, it is believed they have to, and that the verdict obtained by the plaintiff might fixed upon one of high standing and considerable in- not be disturbed. fluence—of much experience in foreign and colonial The case having been appointed for re-hearing to-day, affairs, and possessing an intimate ac qua i n t ance with M r . Ellis, and Mr. Martin were also heard in favour of our commercial and diplomatic relations. Liverpool is the right of the plaintiff, the nominee of the Crown. deeply interested in the trade of the St. Lawrence and Mr. S. WORTLEY commenced his argument for the de its tributary rivers, and therefore it is the duty of the fence, which, at the rising of the Court, was not brought electors to secure the services of one who is conversant with their i n t erest , as connected w i th these important again postpo ne d till t o - morrow. subjects. Th e a tt ent i on o f t h e w h ole empire will be directed to the co n d uc t o f t h e merc h ants, tra d esmen, and other inhabit an t s o f Li verpoo l, i n t h e f orthcoming contest. The avowe d i ntent i on o f t h e predomi nant portion of the land e d ar i s t ocracy i s to limit to a conclusi on , an d t h e f urt h er h ear i ng of the case was the manufactures and commerce of the country to the capabilities, already exhausted, of her own soil, and to starve out or export tne superfluous population. The verdict of the first commercial town in the kingdom is now asked on this mad—this inhuman policy, and it is for its inhabitants calmly to ponder what answer they, will give. The election will take place early in February —there is no time for delay. [The Tories have, it appears, fixed on Sir Howard Douglas as their man.] COURT OF COMMON PLEAS, Jan. 27. CRANE V. PRICE. (Continued from our Afternoon Edition of yesterday.) The argument having been concluded with Mr. Ser geant Bompas's reply, The LORD CHIEF JUSTICE said—This case involves an important question, and we shall take time to consider judgment. CONSISORY COURT, JAN, DILLON V. DILLON. This was a suit for divorce by reason of adultery by the Rev. R. C. Dillon, D.D., against Frances Charlotte, his wife. The libel pleaded that the parties were mar ried on the 26th of November, 1839; that on the 29th of December, 1840, Mrs. Dillon, with the permission of her husband, proceeded in a Gravesend steamer_ on a visit to her mother, Mrs. Drury, who resided in the neighbour hood of Gravesend; that, instead of going thither, she was met on her arrival at Gr a vesend by a man unknown to Dr. Dillon, with whom she proceeded to the Sir John Falstaff, a road-side inn, midway between Gravesend and Chatham, where they passed the night, slept to gether, and left the next morning ; that Dr. Dillon was ignorant of this fact till May,. 1841, when he proceeded to the inn, and, in order to ascert a i n th e id en tit y o f his wife with the female who slept at the inn on that oc casion, he arranged with the landlord that he should come to the Polytechnic Institution on the 10th of May, whither Dr. Dillon would take his wife ; and that the landlord there recognised her to be the same person. The defensive allegation on the part of Mrs. Dillon denied the imputed adultery, and pleaded that, in fact, she had passed the night of the 29th or December at her mo ther's house ; and further, that Dr. Dillon was barred by his own conduct, after he had, as he alleged, reason able ground for suspecting his wife's infidelity, and even after the suit had commenced, from the remedy. he sought. In his answer to his wife's allegation, Dr. Dillon admitted that, on the night of the day on which he had been informed of his wife's misconduct, he had slept with her and conducted himself towards her cordially and af fectionately, in order not to excite her suspicions till he had established her identity with the person who had slept at Gad's-hill, by means of the recognition on the. 10th of May. Dr. ADDAMS, for Dr. Dillon, began by observing that the marriage of the parties had not been celebrated under very happy auspices, and had not led to very happy re sults. The defensive allegation attempted to set up that the affections of Dr. Dillon having become alienated from his 'wife, he had by his language and behaviour evinced an anxiety to get rid of his wife, and said he would get rid of her. In the teeth of this it was also pleaded, that he had barred himself of that remedy by a condonation. The two witnesses brought to prove the terms on which they lived differed from each other. Both agreed that they lived very unhap pily ; but one of them imputed declarations to Dr. Dillon to this effect : " I wish to God I could get rid of you, and I'll see if I can't do it." The other witness declares she never heard him. say he was anxious to get rid of his wife, or that he would get rid of her; but only that "he would not bear it any longer, and would leave immediately." Now, one of Dr. Dillon's witnesses, Mr. Wingate, had been in terrogated as to whether he did not kick his wife, and whether his conduct was not disgraceful, unmanly, and brutal. The witness denied this expressly, as well as that Dr. Dillon declared his wish to get rid of his wife ; but Mr. Wingate said he had heard Dr. Dillon declare that it was impossible they could live together much longer, owing to her violent conduct towards him, and to her frequently absenting herself from his house. The libel charged Mrs. Dillon with adultery with a person who is unknown to Dr. Dillon. Dr. LIISIIINGTON—Is he ? One of the interrogatories would lead us to suppose the contrary. Dr. ADDAMS — Whatever suspicion Dr. Dillon may have had, I presume it was not confirmed. The charge of adultery was proved by Wilson, the , landlord of the inn at Gad's-hill, his wife, and the chambermaid, who stated that a lady and gentleman came to their house on the evening of the 29th of December, 1840, slept there, and departed after breakfast the next morning. These witnesses had identified Mrs. Dillon as the same lady. They could not have been mistaken, nor could it be contended that they were not credible. On what ground could it be suggested that they came for ward to support a false story ? Not to gratify any pur pose of malignity, and no money could bribe such per sons to be guilty of perjury for such an object, nor was there reason to suppose that if Dr. Dillon had the incli nation he had the means of bribing them. The witnesses had ample opportunity to notice the lady's person, which was in one respect remarkable, she having had the mis fortune to lose an eye. The landlord waited upon them; the chambermaid undressed the lady, who told her that she was going to see her mother at Gravesend, whom she had not seen for eight or nine years. Was it pos sible that on the 29th of December, 1840, about six or seven o'clock in the evening, another lady, having lost one eye, and so like Mrs. Dillon that three witnesses swore she was her, should come with a gentleman, to that identical inn, and pass the night, and that no dili gence could discover who she was, if not Mrs. Dillon ? It was much more probable that the witnesses who sup ported the alibi should be mistaken. Dr. LUSHINGTON—The great difficulty in this case is to know how the information of his wife's infidelity came to the knowledge of Dr. Dillon. The Court is left wholly in the dark in this respect. Dr. ADDAMS--By an anonymous letter, Dr. LUSHINGTON—Where is the letter ? Dr. ADDAMS—It is not in existence. Dr. LusHINGToN—I remembtr that Lord Stowell re fused to pronounce for a divorce on the sole ground that it was not pleaded how the suspicions first came into the husband's mind. Dr. A-Drums—lt is not the practice, as far as I know, to plead precisely how the information came to the hus band. Dr. Dillon has used all diligence to ascertain with whom his wife passed the night. Nothing could be more proper than his proceedings in order to trace out the facts. When he first heard of the charge he thought it a mistake. After he had seen the people at the inn he was shocked ; but what was he to do ? To excite this lady's violence, or hurt her feelings by mentioning it ? He took a more prudent course, and brought up the landlord of the inn to iden tify her at the Polytechnic Institution, telling him un less he was certain it was the same person net to address her, but if he had no doubt to speak to her. The land lord was certain of her identity, and, addressing her, said, " Good morning ; I hope you are better ;" telling her that her " good gentleman" had said she would come to the inn again. Mrs. Dillon looked confused,, and observed that he had mistaken the person ; but in the course of the conversation she whispered to him, " Say it was not me; say you are mistaken in the person." The Old Bailey defence of alibi was sup ported by Mrs. Drury, the mother of Mrs. Dillon, Miss Riunbold, Mrs. Dillon's sister, Elizabeth Lloyd, a dressmaker, and Emily Dix, the servant. The evi dence of the first two and the last was nothing more nor less than wilful perjury. As to the alleged con donation, Dr. Dillon, till he had ascertained his wife's guilt, was compelled to put on his best face, and not alarm her suspicions and provoke her violence. It was true, that whilst the suit was depending on two occasions he had most imprudently had some conversation with his wife in the public road, at Bayswater, where she resided; but this was only a proof of the simplicity of his cha racter. He had no doubt been decoyed into these inter views, and the witnesses had made the most of them. Upon the whole he could not conceive a grosser case of adultery, and Dr. Dillon was fully entitled to a sen tence of divorce. Mr. HAGGARD, for Mrs. Dillon, called the Court's at tention, in the first place, to the circumstance, that the libel did not plead the marriage in the usual form; there was a total omission of any previous courtship. The witness examined in support of the marriage, Mr. William Wingate, who was present at it, states that he had known: Dr. Dillon for fifteen years, from the time he was curate of Willesden, consequently he was at the time of the marriage not less than forty; whereas Mrs. Dillon was at the time under twenty. Mr. Wingate further said, that he had heard from Dr. Dillon that she had been seduced, and had had a child by him, which was born •when she was only 18. This having been the manner in which Dr. Dillon had conducted himself towards his wife before marriage, it was not t be wondered at th at t h ey should not have lived hp *lo together. As to th e t erms on which they lived, dea Y clParla tions had been proved to have come from Dr. Dillon of his anxiety to get rid of his wife ; but it was not till May, 1841, that there was the slightest suggestion by Dr. Dillon of the remotest idea being entertained by him of her infidelity ; nothing had occurred to excite sus picion, no rumour, not a single instance of itvity, fa miliarity, or proximate act leading up to the charge ; there was merely a single isolated imputation. The evidence of the witnesses in support of the charge was full of improbabilities and inconsistencies. The descrip tion of the female supposed to be Mrs. Dillon was meagre ; there was no account of her dress, her height, or even which eye was defective. Nothing, in fact, was stated by the witnesses as the ground of their belief of her identity with Mrs. Dillon but the loss of the eye. Mrs. Dillon might justly say, without any silly joke, that it was " all my eye." The same defect might attach to half the persons who visited the inn in December. Dr. Dillon did not make any inquiries as to the man by whom tie female was accompanied. Mrs. Wilson, the landlady of the inn, said that when Dr. Dillon came there to make inquiries he told them that he had been repeatedly written to about his wife, and advised to watch her movements. Where were those letters ? Did they suggest a probable cause of inquiry, or the propriety of ceasing cohabitation? ' He stated that he paid no attention to these intimations till he received it letter from the friend of the . wentleman who had been with his wife at the inn. here, then, was the difficulty of finding him out, and of bringing an action against him? Yet Dr. Dillon, though inquisitive re specting his wife, asked no questions, as to the person who was with her. On the part of the wife the case was, that she had gone down to visit her mother on the 29th of December, and had slept at her house on that night and every subsequent night till Sunday, when she returned home; and the witnesses deposed positively, supporting their recollection of the day by facts and cir cumstances, that it was Tuesday, the 29th, and Mrs. Drury had made a memorandum of the day when her daughter came. On the other hand, one of the wit nesses, Dix, stated that a person, whom she believed to be Dr. Dillon, had endeavoured t o persuade her to say that it was Wednesday. Supposing, however, that the Court thought that the evidence in support of the libel preponderated, the question remained, whether Dr. Dillon was not barred from remedy by his own conduct. He had admitted that at least for one night after he had been informed of her guilt, he had cohabited with his wife, having been, by his own account, frequently warned of her cenduct. What difficulty could Dr. Dillon have found in withdrawing him self for one night; till he had completed his inquiries. With his probable cause of knowledge he ought to have ceased cohabitation. There was no instance of a husband coming before the Court for relief who, after he had reason for grave suspicions against his wife, continued to cohabit with her. But after his libel had been admitted in the suit, and the witnesses were being examined, on the 30th of May and the 4th - of July, his conduct and deportment towards his wife indicated that he considered her perfectly innocent. He came to the front of the house, where she resided, and invited her to come out, walked with her arm in remained with her a con siderable a c b o l n e v t e i r n s i e e d ; with th ey h s e i r i o g o a k i y , hands and kissed at parting, and behaved, as one of the witnesses observed " like lovers." Such conduct, though not amounting to direct condonation, established constructive condonation. Even if the Court should come to the conclusion that it must attach weight to the evidence on the libel, still the con duct and demeanour of Dr. Dillon showed that he was not sensible of any wrong done to him. The reply stands over till a future Court-day. PO LICE INTELLIGENCE. BOW -STREET. Baron Charles de Behr, a native of Germany, was yes terday placed at the bar, before Mr. Hall, charged with obtaining from Mr. William Osborne Rich, a gentleman holding a situation in the War Office, the sum of 501. on the 18th of December, and' a further sum of 561. on the 20th of December, by false and fraudulent means. Mr. Steele conducted the prosecution, and Mr. Bow. ditch appeared for the prisoner. Mr. Rich being sworn, said he was intimately ac quainted with Mr. Snow, the banker, and his wife, but was not aware that any proceedings were pending be tween them in the EccleSiastical Court previous to the 18th of December, on which day the prisoner, with whom he had no acquaintance, called on him at the War-office, and said he had come from Mrs. Snow, who told him she required som e money f or t h e purpose of obtaining certain papers of great importance to her. Having presented his card, and introduced himself as the lady's friend, he said, " I suppose you know what is going on ? " No, I do not," replied witness, " but I'm very anxious to know." :He then said there were certain letters in Portland-place, of great consequence, which should be obtained from the housekeeper there. He also said t " I have advanced all the money I had in her ser vice, and must require of you the sum of 300/. or 5001. for the purpose I have mentioned." Witness told him it would be impossible for him to command either of the sums mentioned; upon which he said, " Damn it, man, we must have money; what can you advance?" Witness observed, that at this season of the year it was very in convenient to make up so much cash, but perhaps he could find him a less sum, and he handed him 50/. in notes (having first taken the precaution to mark their num bers), with which he went away, saying he would call again. He accordingly came again on the 20th of Decem ber, to say the housekeeper was not satisfied with the amount she had received, and as the papers were of the utmost importance she should have more ; to which wit ness made some demur, but ultimately gave the prisoner 45/. in notes, the numbers of which he took, together with five sovereigns, with which he went away, promis ing to get the letters in question. In a few days after the prison*. again called, and said he had obtained all the letters, which were safe ; and, in addition to the sums witness had. given, him for the housekeeper, he (the prisoner) had advanced her 1302, together with a promissory -note for the remainder. On the 30th of De cember the prisoner paid another visit at the War-office, and complained that Mrs. Snow was in great distress for money, that she could not get on, and that she must have 1601., which witness said he could not give, as he had already advanced- all lie could command. The prisoner then begged witness would accept a bill of ex change for the amount, which he declined, as he knew nothing about bill transactions ; but, on prisoner's ap pealing to his feelings, by saying it would be very unkind to Mrs. Snow to refuse, he was prevailed upon to accept a bill for the amount xequired. The. prisoner then told him he might make this mind easy, as he would be re sponsible, at the same time giving him an undertaking to that effect. The prisoner procured a stamp, and said that he would be in the receipt of a large sum of money in January, when he would answer it. Witness had re peatedly seen the prisoner since, but did not discover that he had been deceived until within the last ten days. Cross-examined—The prisoner gave an undertaking and the bill was not yet due. The two 501. were not in tended as a temporary accommodation for him. Mr. Bowditch here handed in a letter, which the prosecutor admitted lie had written to the prisoner, to show that by the purport of it the money advanced was merely in the shape of a loan. Mr. Steele said the question before the Court was not to whom the credit had been given, but was such credit obtained by means of fraud. Mr. Rich being recalled, said he would not have parted with the two 50/. had the prisoner not told him the money was for the use of Mrs. Snow, and not as the prisoner pleased to apply it. Mrs. Georgiana Snow proved that she did not know the prisoner. The prisOner here shook his head and smiled. Witness did not remember ;ever to have seen him before, nor did she ever authorise him or any other per son to apply to Mr. Rich for her, and if he obtained any money on such a representation it was false. Mr. Bowditch—Do you mean to say you never have met the prisoner before ? Witness— Never. • After repeated interrogatories the :lady persisted in denying all knowledge of them. Mr. HALL having perused the letter put in for the de fence, said the language in it was very strong, and there was a great discrepancy between it and the evidence given by the proSecutor. The case should go before a Jury, but it was a bailable offence, and the letter should be annexed to the depositions. Mr. Bowditch having recalled Mrs. Snow, asked her if she did not meet the prisoner shortly after her return from Paris on the Bth of December last, to which she answered in the negative. Mr. HALL inquired in what condition in life the pri soner was, that he might apportion the bail accordingly? —Mr. Steele said he had been seven years in this coun try, and as he occasionally appeared in Windsor with a cabriolet and horse, apparently his own, he supposed he could procure good bail. Mr. HALL said he could not tell what success the case would have in another place, but the Judges were at such a loss to know what constituted a fraudulent pre tence, that one of them on a late occasion said he should like to know how many lies went to make - up a " false pretence." The bail he would require would be the prisoner in 2001. and two sureties, with twenty four hours' notice, in 1001. each, to answer the charge of misdemeanour at the next Sessions of the Central Criminal Court. UNIOiV-HALL, Henry .Heclington ' a young ma n i n th e serv i ce o f M r. Cook, a surgeo n , in Stamford -street, was charged with wounding his employer, and attempting to stab a police man of the L division in taking him into custody. From Mr. Cook's evidence, it appeared that the pri soner had been in his employment four years, and con ducted himself with great propriety up to last Christ , mas, on which occasion he got drunk, and while in that state acted with great violence, but he was not dis missed from his situation, owing to the respect felt fur his family. Since that period, the prisoner went on very well up to the preceding afternoon. When Mr. Cook returned home from visiting his patients, he found him in a state of intoxication, and desired him to leave the house. The 'prisoner, however, refused, and snatch. ing up a knife, with dreadful imprecations threat ened to stab any one who approached him. When a policerhan was called in, the prisoner still flourished the knifo about, but the former took an opportu nity of seizing the hand in which ho held the knife, and held him in that position. The prisoner, however, con trived to slip the weapon into the hand which was disen gaged, and he then made three different stabs at the policeman,- none of which, fortunately, took effect, when Mr. Cook, seeing the prisoner bent on mischief, rushed upon him, and, in attempting to wrest the knife from his with adhesive plaister. C'ook's whaasn dcsultverseevsetrrealpypaedcrousps the hands. Both M r . Ike added, that he was convinced that•the prisoner would have committed murder, if the weapon had not been wrested from his hands at the time, and that in getting it away from him his own hands were also cut. The prisoner said he was intoxicated, and was sorry besides adjudging for what had happened. The Magistrate thOught that it was such a case of out rageous h e a v n h g at e h xp e r o e u a g ae h d t troagheeosuesnrtiofolerntereiaoln Cook,imthre.part of hthoewpe a wish to hare a: summary punishment inflicted, the Ma gistrate inflicted the full penalty of 51. on the prisoner, eties for his good be haviourafO i r a t d h g n next i in twelve months. nd a sureties and on Tuesday was Mrs. Beaumont Smith is now living near Fitz roy-square,vperetvTovuns' for to h P is or - a widow when he mouth,de parture from visit s ourit her shores.i %e t c h s e h d e husbandasto lleave WYCOMBE ABBEY.--A mar ried her, and has a'son by her former husband. Her own large party of Lord property is secured upon her. Carrington's tenantry assembled here on Tuesday last, to partake of a sumptuous dinner provided by his Lord ship in celebration of the chrigtening of the Prince of Wales. John Neale Esq., i n the chair. Mr. Fi tzw i l- Ham attended from L ' ondon, and enlivened the company by many of hi s comic songs. The labourers an d work men on the estate had also a substan ti a l di nner on the occasion, and the Staff of the Royal Colonel. Bucks Mili t i a dined together at th e expense of their i`: The Gold Medal, for 1841, of the Gresham Committee, has recently been awarded to an anthem of the Rev. W . -. H. Haver al M.A., Rector of Astley, in this county. This is the second time the umpires, Dr. Crotch, -Mr. Horsley, and Mr. Goss, have adjudged the prize to the Rev. laentlemn.— Worcestershire Chronicle. JOURNALS FROM THE DAILY PATERS . 07 YESTERDAY. GLOI3E.—The Tory candidate for Dublin has obtained a majority of 200 on the first day's poll. The almost frantic exultation with which this in telligence has been received by the Tories, con firms the already-sufficiently-disclosed appre hensions of the party, that defeat, and consequent destruction, awaited them. If the polling-lists be examined, it will be seen that the triumph of the Orangemen and their patron Govern ment is premature. Instead of ministering . to hope, and justifying anticipations of final vic tory, the lists disclose their weakness, and prove only the desperate means their agents have been driven to employ, in order to obtain the temporary advantage to which they refer their desponding adherents. The polling will con tinue five days. It is, therefore, evident that the state of the poll at the close of the first day Cannot possibly, in a constituency so large as that of Dublin, decide anything beyond the fact, that, with whichsoever of the parties the majority is found, that majority was, in all probability, ob tained by the superior activity used in bringing up the voters, aided by the superior facilities af forded to that party in approaching the polling booths. This view of the case appears to be fully justified by the circumstances attendant on the first day's polling, by which Mr. Gregory ob tained his boasted, but fallacious majority. At the last election the Liberals were in a majority on the first day's poll, equal to that obtained by the Tories on the first day's poll of the present contest—and yet were defeated. This we men tion as a sufficient answer to the exultings of the _ Tories over a merely nominal and generally de ceptive advantage. But when we look to the lists, and see of what that majority is made up, there is enough to cheer, and nothing to dis courage, the Liberal party. By polling their freemen emphatically theirs, because they made and pay them—in numbers greater than they hare been in the habit of doing on the first day, the Tories obtained an early 'superiority. This will sufficiently appear, when it is stated that more than two-thirds of the entire number of votes recorded for Mr. Gregory were free men, and that a considerable number of these were created by the late Lord Mayor, a few hours before he and the old Corporation became defunct—a termination being put to the doings of that proverbially unscrupulous body by the Irish Municipal Reform Act. As the law re quires a voter to be six months on the registry before lie is qualified to exercise the franchise, and as these last creations of corruption have only been in existence two months, their votes will, necessarily, be disallowed, should the merits of the election become the subject of inquiry before a Parliamentary Committee. STANDARD.—The late Oxford controversy has left a legacy of inconvenience in the uncer tainty.into which it has cast the meaning of eer ain important words—words rendered im ortant by the arguments which it has been attempted to deduce from their etymology. The terms Catholic and Protestant, though neither is to be found in the Scriptures in the sense in which they have been applied, are treated as if they had, like the letter in the Gematica of the Kavbalites, a specific and mys tic power, and the most violent deductions are made from them. We need, however, scarcely to remind our readers that " Catholic" means simply universal; and that when it is ap plied to the Church it means neither more nor less than the whole community of Christian wor shippers on the face of the earth. In this sense —its only proper sense—it is not merely diffe rent from, it is contrasted to, the Church of any particular country; there can be such thing as a Catholic Church of England, or a Catholic Church of Rome, though the Church of England belongs to the Catholic Church. As to the so called Church of Rome, it is, according to our ar ticles no Church at all; therefore it is neither the Catholic Church nor part of the Catholic Church, although, questionless, millions of Ro manists are members of the universal Church, and, as such, good Catholics. There is something curious, and not uninstructive, in the assump tion of the title Catholic by the Romanist com munity. For about eight centuries, that is, while the west of Christendom lay in ignorance, and rested in communion with Rome, "the Church," as it is called, of " Rome " was contented with that title, it called itself the Church of Rome, or the Roman Church. It was not until the Reforma tion warned the Vatican that it was likely to lose largo divisions of its votaries, that, among other devices to retain its influence, the Papacy claimed a monopoly of Christianity, by calling itself uni formly the Catholic, that is , the Universal Church. This title, adopted f o r the very pur pose of excluding us from the name of Christians, we have weakly submitted to • and now we have this submission—the effect of good humour or inadvertence—employed as an argument to wrest from us the Christian liberty earned by our fa thers. We have more to say upon this subject, though it is one to which we do not liko i to advert, but we shall try to discharge ourselves of it once for all. COURIER.—The Morning Chronicle is sore and wrathful that, as a matter of taste, Earl de Grey should seetn4o prefer Mr. Gregory as the candidate for Dublin over Lord Morpeth, the patronized puppet of Lord Mayor Daniel O'Connell. This may seem odd to the Chronicle, which has one rule for its own party and another for its opponents; but it would be more odd still if Earl de Grey might not be per mitted to indulge a taste of his own, as well as Lords Normanby and Fortescue his predecessors. So Ion?: as the Lord Lieutenant does not, like Lord Normanby, openly canvass for the ob jects of his preference, or clandestinely connive at the " death's head and bloody bones" system for annihilating the freedom of election, and car rying the candidate of his private preference tri umphantly to the poll over the mangled car cases of hostile voters, by their violent abduc tion, or waylaying and assassination Iv hired gangs of ruffians, or by any other of the uncon stitutional and atrocious practices which were the rule and not the exception of Whig-Radical ad ministration, under the Noble Marquis at least, we cannot understand why the present head of the Irish Government may not entertain in peace his individual predilections and opinions, when. as a singular phase in Irish history during the last ten years, they are not allowed to interfere with the impartial exercise of his public duty. A trumpery charge is indeed alleged against his Lordship that such impartiality has not been ob served, and that the light of the Vice-Regal countenance has beamed too fitvourably and conspicuously upon the cause of Mr. Gregory, and per contra withh e ld f rom Lord Mayo; O ; for as to his candidate, the man is not even in court or a consenting; party to the suit carrying on in his name. The primary proof, obstreperously vociferated by the Radical press on both sides the water against the impartial bearing of the Vicer o y, i s based on the fact that Lord Jocelyn, one of the state ofofficers of his Lordship's household, was ab solutely' seen (tell it not in Gath 0 arm in arm traitorously promenading the streets, and mold ing criminal converse with Mr. Gregory, the constitutional presentee of the city ,of Dublin No other overt act of vice-regal treason was made out, or could be discovered, from this mon strous twin conjunction of old friends or ac quaintance, but a deadly plot was scented at once to be in agitation as surely as that Irish swine snuff the wind a-corning though afar off. We chance to recollect, and in the latter days of the late Ministry too, when Whiggery was not quite so fastidious, and when Lords of the Bedchamber were unceremoniously discharged, not for the high crime and misdemeanour of voting against their liege Lords of the Govern ment faction, but absolutely for not voting at all, and affecting neutrality, if not independence. We can remember, moreover, when the queen Consort of England, now our excellent Queen Dowager, was not tolerated in the retention of her own Chamberlain, because in the consistent discharge of his duty, and in consonance with the public principles of his whole life, he presumed to a will and a vote of his own, not in unison with the acts and the sentiments of the powers that were. What would have been the fate of any officer of the household of Lord Normanby, who should have refused to be dragged in the mire of the O'Conoell car, or even ha ve ' cut t h e honour of his personal' ac quaintance in the streets of Dublin, may be readily conjectured from these significant ex amples. SUBTERRANEAN PASSAGE 150 MILES LoNG.—While travellingr e lstely in C e ntr a l Americ a , Stephens visited the ruined city of Ocosingo. When there, he was told that there was a comm un i ca ti on by a subterranean passage from those ruins with t h e city of p a l enq ue, that was distant abouto ne hundred and fifty miles I This is a very decent addition to the wonders of the New World. DEATH OF THE DOWAGER. COUNTESS n MILTOWN.—Her Ladyship died at h er h ouse,i L , ppor Merrien-street, Dublin , on Sunday evening, havi ng reached her 100th year. Lately, two fine specimens of that handsome bird, the common' bittern (botaus stellaris,: Steph.), were shot in this county, the one at the top of pitch_ croft Ham, near this city, the other in the vicinity of Tewkesbury—a noted place for many of our aquatic tt 2 rds, from the m a r s hy na t ur e o f the ground, wing to influence of the Avon and the Severn.-•Rfforcester -*we Chronicle. A Cabinet Council was held at the Foreign office yeSterday at half-past one o'clock. All the Minis ters in town were present. NORTHAMPTON, JAN. 24.—Although North ampton has more than 20,000 inhabitants, and a beau tiful and' healthy barna, it has been left without military for a considerable length of time,in consequence of which an address, numerously signed, and headed by the Mayor, has been presented to Sir James Graham, the Home Secretary, soliciting him to allow the barrack to be inhabited, which it is hoped he will accede to. INTERESTING DISCOVERY.—; few days since some workmen digging a hole for 14 brick-clamp, about three wiles from March, Isle of Ely, discovered the remains of a boat firmly imbedded in the soil, about six or eight feet from the surface. Skeletons of two men were also found, one apparently leaning over the side of the boat, the other lying at the bot tom. Neither of them was perfect, and care not being takeiLto preserve the remains, soon nothing but a few odd fragments of bones were left to gratify the curiosity of those who were tempted to visit the spot ! The teeth alone were in an excellent state of pre.;erva don, but they were lost by the men who picked them out. The boat was in a slanting position, but no correct idea of the size could be obtained, save from the thick ness of the planks, which seemed to indicate considerable strength. The wood, as well as the;nails, was in a state of high decomposition, especially the latter, which crum bled to pieces with the slightest pressure of the fingers. How these remains can have been deposited is a curious subject for speculation. The most probable idea is, that at some period when the fens were entirely covered with water, deep enough to allow of the passage of boats, this might have been upset and settled in the mud, and co vered over by the deposits of succeeding floods.— Bury Post THE WEATHER.--.The snow in this neigh bourhood is of great de - pith, it having fallen on Saturday for several hours, in addition to a heavy fall a few days previously. On Saturday night, Sunday, and Monday, the frost was intense beyond anything which has been experienced during the present storm. The navigation is impeded, and every sheet of water in the neighbour hood laid fast.— York Courant. SINGULAR DISCOVERY.—On Thursday morn ing last, as the workmen - employed in a field near Washwood Heath were removing a quantity of earth for the embankment of the Birmingham and Derby Railway,:they discovered two skeletons environed in chains. It appears that they are the remains of two soldiers, named John Hammond, an American by birth, and Thomas Pitmore, a native of Cheshire, known in Birmingham and the neighbourhood as " Jack and Tom," who were executed' on the 2d of April, 1781, for the murder of Wilfred Barwick, a butcher, on the night of the 22d of November, 1780, near the four-mile stone on the Coleshill road, and afterwards hung in chains near the spot where the bones were found. Wor cestershire Chronicle. CURIOUS COINCIDENCE.—The courtiers deli berated how to get rid of Richelieu altogether. The Mareschal de Marillac proposed to assassinate him, the Duke de Guise would have him exiled, and the Mares ehal de Bassornpiere wished to confine him for life. It is a curious fact, that each of these propositions fell back upon their respective authors, so that each had the fate intended for the object of their hatred.—Madame de Verigne and _fr Contemporaries. Bishop Warburton had a strong itch for acting. One day as Mr. Cradock was walking up the Strand, he was overtaken by the Bishop in his carriage, who called to him, and said—" Cradock, I am going to preach a ser mon before the Lord Mayor ; if you have nothing better to do get in and go with me." My friend joined the Bishop; and their conversation soon turned upon Shakspeare. After they had entered the vestry, the Bishop, in a fit of enthusiasm, began to personate Falstaff; as he was just in the act of swelling out the courageous Knight, the Mayor an Aldermen burst into the v estry, and it was with difficulty that his Graci, the Father i n God, could re-assume the gravity of the law n SlOO YVS.•••• gardinfeB music an fricnde. THE SUN, LONDON, FRIDAY, JANUARY 28, 1842 r PRESBYTERIAN. MEETING lN ARMAGH. THE MARRIAGE QUESTION. (Abridged from the Newry Telegraph.) On Thursday, a meeting of the members of the First Presbyterian Congregation of Armagh, took place in the Rev. Dr. Henry's Meeting-house, for the purpose of taking the subject into consideration, and for adopting petitions in both Houses of the Imperial Legislature, to avert the danger which is already more than pending. The Rev. Dr: Henry took the Chair. Dr. HENRY proceeded to state the objects of the meet ing in nearly the following terms :—" Christian Friends, from our settlement in this country as a braneh of the Established Church of Scotland, down to the present time, our ministers conceived they had the right of solemnizing marriage, not only amongst the members of their own communion, but between their own hearers and the constituents of other denominations. Upon this understanding of the civil law we have ever, as a body, acted, and our uniform practice has been sustained by successive decisions from the Learned Bench, as well as ratified by repeated public acts of the Executive Government. It has frequently happened that persons in this province, reckless of the moral obligations which God and Nature imposes, have, through their law advisers, raised the point of the inva lidity of Presbyterian marriages between an Episcopa lian and one of our people, as a plea against the charge of bigamy, and as a shield against merited retribution, and it has till now as invariably happened that our Judges and Juries have ruled in favour of .our practice. In consequence of this, many have suffered the penalty of transportation, and some are at this moment in banishment, making expiation by their bondage and punishment to the outraged laws of their country. A case of this kind I have referred to occurred at Car rickfergus within these five years. Upon the testimony of one of our most respectable ministers, that he had celebrated a marriage between au Episcopalian and a Presbyterian, the act was without hesitation ratified by the Judge and Jury, notwithstanding that the defence of invalidity was set up and ingeniously ar gued by Counsel, and the bigamist in whos e f avour i t was employed was forthwith transported. It is now twenty-four years since Captain Lethrope, an Episco palian, was married by Dr. Black, of Derry, to a Miss Marshall, of his congregation. The parties removed to England, where Lethrope resided, and an attempt was afterwards made to deprive his daughter, the issue of this union, of her rightful property upon the plea of the illegality of the Presbyterian marriage perfornied between her parents. Lethrope himself was a party in this base attempt; and, not content with the ini quity of the disinheritance of his daughter, he added the crime of .bigamy to his unnatural guilt. Dr. Black was summoned to England and proved the marriage. Not only was Lethrope defeated in his attempts, but he was transported for seven years, and Aliss Lethrope put, by the Chancellor of England, on Dr. Black's testi mony and marriage, in the undisturbed possession of all her rights. But to come to the case which now imme diately concerns us—Smith, an Episcopalian, was mar ried by one of my co-Presbyters, the Rev. John Bell, of Clare, to one of his hearers. After some years he abandons his wife and two children ; he removes to Dublin, and there marries and lives with another female. An action of bigamy is brought before Judge Crampton, at our last Assizes. Mr. Bell prcves the marriage; and though Mr. Whiteside, with his usual power, endeavours to invalidate it on account of the Presby terianism of the minister, it is sustained by Judge and Jury, and, in perfect conformity with pre vious analogous cases, Smith is sentenced to seven years' transportation. But Mr. Whiteside, it appears, carries the question to the Twelve Judges, a majority of whom, for the first time, affirm the principle that the marriage of a regularly ordairied Presbyterian minister between his hearer and an Episcopalian is null and void. Thus the man who was judicially doomed is now enjoy ing all the enlargement of freedom, and that without any change of circumstances or the light of any fresh evi dence. I impeach neither the soundness of the judicial decision nor the integrity of her Majesty's Bench, but I adduce these facts to vindicate myself and brethren against the charge of celebrating marriages either igno rantly or illegally. We rested implicitly on the deliver ance of Judges and the deliberate acts of Governments, and thought ourselves secure. Acting on this princi ple, nearly one-third of my marriages have been of that kind which this decision dissolves, and some of my best friends and nearest relatives have been brought unwittingly by me into a state of public degra dation. It is but justice to the Government to say, that to the last they were determined to transport Smith; and had not the deliverance of the Judges necessarily altered that determination, no amount of interest could have prevailed on them to commute his sentence. I have testimony in my possession to this effect, and I con ceive this an important and encouraging feature of the case that ought not to be lost sight of. And now, fellow- Christians, consider the awful and distressing circinn stances in which we are placed. What is the fact ? The marriages of many of you, of many of yolir nearest and dearest, of multitudes of your fellow-worshippers throughout Ireland, nay, over the face of the world, are dissolved. Your children and theirs, in such cases, are held up before Christendom as illegitimate, the right, of inheritance broken, and the securities which you be lieved sacred and indissoluble, suddenly severed. This is a blow that cuts us in the •most vulnerable point. We are most deeply grateful to the Attorney-Ge neral for giving us hope regarding the past. We thank him for his noble defence of our privileges, and for his intention of introducing a retrospective measure. We trust he will go farther, and apply the provisions of his Bill to the future. Now is the time to have it clearly understood that less than this will not and cannot satisfy us. We respect the rights of others ; our own we are determined to support. Nothing short of unrestricted liberty to unite our hearers with those of other denomi nations can satisfy us. Let all political differences be buried till we are again placed in the honourable posi tion which we thought we held. Let us trust that through Ulster, all divisions will be forgotten ; and with one heart let us employ every legitimate means for securing, in all coming time, those immunities to which our numbers, wealth, and intelligence, as well as past practice, and the spirit of our glorious Constitution, en title us. Let petitions from all quarters be poured in, breathing the language of loyal and obedient freemen. And now, friends, before I call upon you to move and second the resolutions which are before me, I will give you an instance of the first fruits of this decision. I have here the documents detailing the facts of the case to which I allude. A woman with four children ap plied on Tuesday last for admission into our workhouse, who had been deserted by her husband, after having been married to her for fourteen years, under the very pre tence which this decision afforded him: He has aban doned her, and married a female in another quarter of the country, and her children, because of this, were pub licly, on last Tuesday, on the books of the workhouse, designated as bastards.—(Great sensation.) This is surely the time, when such occurrences as this are taking place amongst us, to be up and doing. The Rev. Doctor, after apologising for the absence of some of the leading members of the congregation, on account of sickness, and professional duties calling them elsewhere, con cluded amid the warm applause of the meeting. Mr. DOBBIN, J.P., rose to move the first resolution. The case to which he (the Chairman) had lately referred, came before him in his Magisterial capacity. He had taken the informations of the woman against her hus band, but, on account of the late decision, he was unable to act on them. By the late decision the children of great numbers of them are rendered illegitimate, at least in the eye of law; and if some healing measure is not adopted, the most disastrous consequences will ensue, causing utter confusion amongst the whole of the Prej byterian community. Mr. Dobbin then proceeded to read the resolution, which was seconded by Dr. Bryce, and carried unanimously. Mr. JOHN . KANE moved the second resolution, which was seconded by Dr. Bell, and passed unanimously. The other resolutions were then separately proposed and carried, after which HENny read a paragraph from the Newry Tele graph, which stated that means wore being taken by the Law Officers of the Crown to have a Bill prepared and 'brdught . in for the purpose of legalizing all such mar riages as the one which had been the source of so much unpleasantness to the Presbyterians of the North of Ire land. He said he had lately been one of a number who had drawn up the heads of a Bill on the subject, and he would likely be one of those who would carry that Bill to London on the ensuing meeting of Parliament. At the meeting at which the preparation of that Bill was de cided on, he was happy to say that there was but one opinion on the subject, and that was one of perfect unanimity. • The meeting then separated. ANTI-CORN-LA W MEETING AT LEITH. A public meeting was held in the Trinity House, Leith, on Monday, to consider the propriety of petition ing Parliament for the repeal of the Corn and Pro- Provost REOCH being called to the Chair, shortly ex plained the object of the meeting. Ho thought they were entitled, as members of an important and thriving commercial town, to consider the working of these laws; and from the same circumstances, they were naturally called upon to. consider what ought to be clone to relieve the present distresses of the country. (gear.) Mr. BERRY moved the first resolution, to the eff ec t that, of all the pr o t ec ti ve d ut i es, the Corn-laws were the worst. Surely that law was the worst which taxed the daily and necessary food of man more than his luxuries; which aggrandized the rich and impoverished the poor ; which aggravated the wants of the cottage, impaired the health of its inmates, and barred the education of their children.—(Cheers.) Bailie MUIR 'seconded the resolution. DANIEL M'GILVRAY moved an amendment, to the effect that the extension of commerce had not benefited the working population of this kingdom ; and that the repeal of the Corn-laws would not be sufficient relief to the working classes, while there are so many standing laws equally hostile to their interests. JOHN MACRAE, another working man, seconded the amendment, which was put and negatived ; the original motion being carried by a large majority. Mr. RUTHERFORD, M.P., then moved the second resolution, to the effect that the aim and object of all monopolies was to benefit the few at the expense of the many, and were therefore always injurious to th e p eop l e , particularly so when a p p li e d to their food. In speaking of the amendment which had been moved, he said, I am sure it would be a great boon to all—to the working . classes especially—if these laws could be repealed or ab rogated, or even if they could be reformed. The Hon. Member having addressed the meeting at some length, concluded by moving his resolution. Mr. D. Tact seconded the motion, and it was carried unanimously. Other resolutions ware moved and seconded by Mr. Cos* AIL Lftwrio, Rey. jam limper, Rev. Mr, Cul- len, and Mr. Mitchell, and carried almost unanimously ; and a petition to Parliament, founded on the resolutions, was adopted, on the motion of Councillor Gilley. ILLEGALITY6FTIThE TATION. PARLIAMENT EXCOMMUNICATED. (From the Western Luminary.) On Monday last, at a meeting held at the New Lon don Inn, for commuting the tithes of several parishes, the following Protest was delivered to Mr. Assistant Commissioner Louis by Prebendary Dennis:— Protest of the Rev. Jonas Dennis, Prebendary, Bachelor of Civil Law, and owner of the moiety of the benefi ciary interest in a lease, for a certain term of years, of the rectorial tithes of the parish of St. David's, in the County of the City of Exeter, and of the manor of Rooksdon, in the parish of Heavitree, in the County of Devon, The said Jonas Dennis protesting, declares, that having been summoned to attend divers meetings of proprietors and payers of tithes, in the aforesaid parishes, at the New London Inn, in the months of December last, and of January instant, convened by George Louis, Esq., Sub-Commissioner, as is asserted, for the com mutation of tithes, by the alleged virtue of' a certain provision of an Act passed in the sixth and seventh years of King William the Fourth, in titled " An Act for the Commutation of Tithes in Eng land and Wales," he doth not voluntarily consent to any act, proceeding, or agreement, of the said Sub-Commis sioner, tithe-proprietors, or tithe-payers, to effect the proposed unconstitutional, and therefore unlawful com mutation and annihilation of tithes, otherwise than by concurrence, compelled, and extorted under terror of the pains and penalties denounced by the said Act. First—Because the provisions of the said Act of Par liament are a direct violation of the English Constitu tion, and, therefore, form no part of the stringent law of the land ; the said provisions not having obtained the previous consent of the respective convocations of the bishops and clergy of each province, notwithstanding that such convocations having been convened and assembled concurrently with the said Parliament, at the time of passing the said Act, continued to constitute the first of the three estates of the realm, to which the function of legislation, as to the disposal or modification of ecclesi astical endowment with tithes, conjointly and primarily pertained. Secondly—Because the provisions of the said Act are further demonstrable as an infraction of the English Constitution, and consequently form no part of the stringent law of the hind, inasmuch as they are a direct violation of that fundamental law of the said Constitu tution, the unrepealed Act of Henry 111., commonly called Magna Charta, whereby it is enacted, that " the Church of England shall be free, and shall have all her whOle rights and liberties inviolable." Thirdly—Because by a statute of 37 Hen. 111., it is enacted that the sentence of excommunication is de nounced against "all that secretly, or openly, by deed, word, or council, do make statutes, or observe them being made, and that bring in customs, or keep them when they be brought in, against the said liberties, or any of them, the , authors, law-makers, councillors, and the executors of them, and all those that shall presume to judge against them, all and every which person, let them know that they incur the said sentence ipso facto, i. e. upon the deed done." Fourthly —Because by a statute of 25 Edward 1., c. I, it is enacted that " the said charter be confirmed," and that "all justices, sheriffs, mayors, and other ministers, shall allow the same pleaded before them in judgment, in all their points ;" and by cap. 2 it is provided that " if any judgment be given from henceforth contrary to the points of the charter aforesaid, by the justices, or by any other ministers that hold pleas before them, against the points of the charter, it s h a ll b e undone and holden for nought." Frfthly—Because, by a statute of 25 Edward 1., "all persons, of whatsoever estate they be, are enjoined to maintain and uphold all the said articles of the said Magna Charta, on pain of the sentence, of excommuni cation." Sixthly—Because, by a statute of 28 Edward 1., " it is enacted that the said statute of Magna Charta is ra tified and approved by the King, and confirmed and made strong for him and all his heirs perpetually." Seventhly—Because, by 19 subsequent statutes, namely, 14 Edw. 111., cap. 1, 25 Edw. 111., cap. 1, 50 Edw. 111., cap. 1, 1 Ric. 11., cap. 1, 2 Ric. 11., cap 1, 3 Ric. 11., cap. 1, 5 Ric. 11., cap. 1, 6 Ric. 11., cap. 1, 7 Ric. 11., cap. 1, 8 Ric. 11., cap. 1, 12 Ric. 11., cap. 1, 1 Men. 1V.,. cap. 2; 2,4, 7,9, and 13 Hen. IV., 3 Hen. V., cap. 1, and 4 Hen. IV., cap. 1, it is enacted, nearly in the same words, " that all the privileges and franchises granted heretofore to the said clergy, be confirmed and holden in all points." Eightly—Because, by 1 William and Mary, cap. 6, the following oath. - .is required to be taken by the King, or Queen, as the condition of coronation, " Will you preserve unto the bishops • and clergy of thi s rea l m, an d to the churches committed to their charge, all such rights and privileges as by law do, or shall, appertain unto them, or any of them ?—All this I promise to do." Ninthly—Because, by 16, 17 Car. 2, c. 1, and 22, 23 Car. 2, c. 3, in an Act for granting a subsidy to his Ma jesty, by which the endowment of the Church with tithes, previously exempt from Parliamentary taxation by virtue of King Ethelwolph's charter, were first included in the general taxation, it is " provided that nothin heroin contained shall be drawn into example, to the prejudice of the ancient rights belonging . unto the clergy of this realm, by the force of which saving clause in the reign of King George 11., Mr. Speaker Onslow reminded the House of Commons, that an Act of Parliament affect ing the property of the Church, was not binding in law, without the concurrence of the clergy assembled in con vocation having been first obtained." Wherefore, fortified by such high authority, and on the various grounds before enumerated, the undersigned tithe owner protests against the proposed, or accom plished annihilation of tithe by commutation, in the pa rish of St. David's, Heavitree, St. Thomas the Apostle, St. Sidwell's, Kenn, Payhembury, or any parish wherein he is tithe-owner, or either by himself, or by his tenants, payers of tithes, such commutation being devoid of con stitutional authority, therefore illegal, JONAS DENNIS, 8.C.L., Prebendary, Impropriate Rector of St. David's, Parish of Rooksdon, Manor. To George Louis, Esq., Sub-Commissioner for Commutation of Tithes. Polsloe-park, Jan. 24, 1842. MONEY MARKET and CITY NEWS FROM THE MORNING PAPERS OF THIS DAY. TIMES.—In the Buenos Ayres papers received to-clay, which come down to the 18th of November, the death of I avalle is confirmed ; with the dispersion of his troops and the slaughter of many of his leading men. The announcement had been made through the usual official channel, the Gazette, but, what is somewhat singular, the manner in which the great leader of the Unitarians came to his end is not given all is left to conjecture on that head, but that he is dead there is no reason to doubt. Respecting the fate of La Madrid nothing cer tain was known. Two Indians who had lately come over the Cordilleras, stated that before their departure from Chili a body of about 20 men had reached the first post-house in great distress, and that on their passage across they discovered nearly 100 .dead, upon some of whom they found considerable sums in gold. From Corrientes, the quarter to which is now directed the at tention of the Argentine forces as the stronghold of the Unitarians, the last accounts stated that Generals Paz and Ferri had retreated across the river, upon the north bank of which General Echague had encamped. In the Banda Oriental of the Rivera Government, as one means of .preserving the integrity of the State, had ordered a general enrolment of slaves. Rosas' company at Santos Luguires was about to break up, in consequence of the frequent desertions of his troops to Don Frutos. The attempt of the Monte Videan Government to open the navigation of the Uruguay is said to have failed. The British brig Nau tilus had made the experiment, but was sent hack by the commandant of the island of St. Martin Garcia. As the natural result of the receipt of the intelligence of the death of Lavelle, there had been the most joyous festivities at Buenos Ayres ; and Roses who is de scribed as the " enlightened gen i us, the illustrious re storer of the laws," had had laid at his feet the most flattering addresses on the success attending the operations of the troops in the interior. Lavelle must have sorely harrassed and perplexed the Government ; for in the official despatches he is recognised as having taken the field with his followers against the present Administration as far back as the year 1828. SUN.—Speculators have not to-day manifested any in creased desire to operate, nor has the market worn a firmer appearance as far as they are concerned. The chief business is still on account of the public. For immediate transfer Consols have been marked 89i to 89i, and for the Account 89f buyers, and closing at that price sellers. The Unfunded Debt has been supported at 17s. to 10s. premium. East India Bonds were at 10s. 9. N ree 7 Th - - to 12s. premiu m . B an k S tock got up to 1671 and 1684, a a n n ( d i. f per Cents. fluctuated 7 k and24B k. The to from 99 . and the Reduced Three p er C ents. from 89i to 89i. 4' The Foreign B on d s were flat to-day. Portuguese New Five per C ents. d eclined to 33i and but the 'Three per Cents. remained at 20*. Active Spanish Bonds were dull at 25i to 25. Mexican realised 29t and Dutch Two -and-a-Half per Cents. were at 514 to 511 The Share Market presents no particular feature. There is still an absence of buoyancy. Brighton were atl34 to 13; Greenwich at 13f ; Midland Counties at 20; Northern and Eastern at 7; and Birmingham and Gloucester at 36 discount. Manchester and Leeds were 4 to 4i; York and North Midland, 42i ; Ditto New, 16+ ; and Great Western 21 premium. London Joint-Stock Bank Shares were 2i premium. DEAFNESS.—Sound Magnifiers, and Invisible Operative Voice Conductors, to enable persons at an advanced age, and •f old standing extreme deafness, to join in general conversation, and to catch the sound of a di stant low speaker at a publie assembly; they are the size of a very small geld seven shilling piece, and when in the cavity of the ears, they are not in the least perceptible nor more uncomfortable than having a small piece of find wool in its pl ace ; they are composed ot a metal to collect sound, peculiar to the Messrs. S. and E. Solomons themselves ; and although they are so extremely mai yet they enable those of with extreme deafness, and those who are only slightly dun of hearing to hear in every reipeet equal to those of most acute hearing. Messrs. S. and 39, Albemarle.str ee t , Piccadilly, opposite the , King William s t reet, C i ty. Newly-Invented ec immediately they ar e placed before imperfect vision, e SYß i p t o. h r e kgt ; cilli b en: y et:enl d : aaynd 76 or candlelight, that mist and dullness which appears before the eyes is at once removed, every object hemming clear and distinct, so that the most aged defective eyesight codesbe com nritig and brilliant, and i s b rought to its yonthfUl, natural riginal state. These valuable inventions have gained the patronage of theKoyal Family, and the unqualified approbation of above 400 of the principal members of the medical profession, and numerous individuals of high distinction, who have been greatly benefited by their use. To be had only at 39; Alberemic-street, Pic t cadilly, apposite th e Y ork Hotel, and 7tl, King Winiam-stree' Ciy.--No connexion with persons of the same name. EVENING SUN THE MARKETS. COUfITRY MARI- ETS COUTRY MARI- ETS Wheat. l Barley. °.4t, Beans. Per Quarter, s. to s. Is.t o s . s . t • s , s . teL Bath 58 84 27 34 22 26 38 1.• 3landford' 52 72 (31 32 1.3 26 46 ••• dridport —6B ""' 40 Chard „56 72 28 32 22 26 3b --, 49 Exeter '64 70 27 34 21 28 40 ""*. 41 59 aloucester 6O 65 26 30 21 18 4 0 42 s o e 3uildford 58 76. 29 39 28 31 85 4 0 55 42 Newbury 48 70 26 35 18 30 4 0 / Reading 45 75 1.5 38 19 31 33 7 44 Salisbury 52 72 27 34 28 40 0 " „ 4.4 Shrrborne 5B 68 28 35 k 2O 4 32 42 44 40 Shepton Mallet 51 70 28 37 ...is 27 40 49 :,8 Uxbridge 37 43 :13 28 -- 4 0 Warminster 54 7 - 0 28 35 24 29 42 7 50 5 sd Worcester I ,64 68 32 83 30 26 52 62 24 30 3 40 teovil LEEDS CORN 51 IRKET.' les• Wheat, Norfolk and Suflblk, 601 h . •••• .. 5, t o o 4 Yolk. and Lincoln. 601 b Barley, Norfolk and Suffolk 29i ' ! O n 3 4 ---- Yorkshire and Lincolnshire 22- 32 22 26 27 34 21 29 26 30 21 1 - 8 29 39 28 31 05 35 18 30 25 32 19 31 ..., 2 34 '2O 28 4,4 28 35 k 4 32 ... 08 35 24 '29, 42 8 2, cti 37 43 .:3 28 —.. •"'" 39 a 40 F 28 37 kAs 27 18 24 C0R 3 / 4 0 31 3 4.RKET 1 .` 40 . 4 ! to;1 1 32 33 ...e 28 , 2 8 „. )Ik, 601 b. - 675. In. 6011,.... e •••• M. ~.,. to ••••... re...• ..'' to 31i , f.. )1k • '3os• S ys , wolnshire ... 631 b..... Eel: L t; 4( , ) :' :. ' 1 . 1 " ; MARKET. . E ng.1td::711.21 : °1:e:r:: : :t o ic:: : Per Quarter. ~ 1 3 to ' 0 Oats 2l n : 4 0 Beans (per sack) lB " 0 l o 0 Flour (per bag) ... f -; , -- Bread (pergallonY , NI MARKETS. c d. t I Per lb. P veal ßM r e l Mutton On . . ... .. . . . .. . .. , , ....................: 1 6 ,7 i i Lamb ......." to 41. 10s. Od. per "Ott. 54 70 64 68 52 62 LEEI Wheat, Norfolk and St ffi - Yoik. and Linco' Barley, Norfolk and Suf . • Yorkshire and Lii Grinding . Beans Oats, Potatoe —Alealing, For. ltd. tol2d 4helling DEVIZES COI Per Sack. s. d. s. d. First Wheat 35 0 to :6 0 Second SO u 32 0 Third Barley • 23 0 35 0 CHELTENH A Per Bushel. s. d. to s. d. Wheat 7 C 9 0 Barley 3 0 3 9 Oats 3 0 3 9 Beans Pease 5 0 8 0 ........ 41.55. CANTERBURY MARKET. . „led 'Wheat, white ~... 655. to ;0;..,..... 01d......1* , * - 1 . to -- red.......—........ &is. to tiiis. ....... 01d.....** -- ' to -' e, Barley, Malting —. 30s. to 34s ......... Ornding.• " .s. to''' . Oats .......—..........„ -„. 21s. to 12f.s. ...woo 0 1.14*•••••••,...1 . Bea t 0 :. Peasem —............................... 328 to 405......, 01d...........' ' . .0 ...--• INANW./...N0NW1. ...--•4 Oa. to •••••• S. ~..-. . Grey.......* - c i CHELMSFORD MARKET. ii/ t° 5i Wheat, White 57 to 63 Oats ... ...................•••. 0 Red 53 65 Pea5e,Gray.........« ... 51 0 Barley 3O 32 White ...• ........ • 5 . 0 Chevalier 33 34 Beano, Tick ................. ~,,, Grinding 23 28 Masagan ......... ..' S. - - SILVER TEA SERVlCcorob?`,,, —T. COX SAVORY, W or ki ng Silversmith, 4, 1 . London, seven doo rs f rom G racechurch-street, prices of the followi ng SILV ER TEA and CoFrr' VICES. The Cott age P attern is plain, standing on s h e _A;, , the tea and coffee p o t s w i t h a flower ornament ou the; o rei— King's Pattern i s r i c hl y em b ossed with Bowers an d The shape of either is new and elegant. COTTAGE PATTERN. ZING'S PATT/Egl' 1 0 . • S. Strong Silver Tea-pot ...12 0 Strong Silver Tea-Pot ".;,, 7 Ditto Sugar Basi n 616 Ditto Sugar 1491 5 Ditto Milk Ewer. 410 Ditte Cream Ewer 15 0 Ditto Coffee-p0t..15 0 Ditto Coffee - P e l_.--- - 0 . Complete •—£3B 6 0 a Complete ....... A variety of up war d s o f fifty Tea and Coffee, Serov art'' ‘ be seen in the Show-rooms, where may be selected e,. ver- ral s : cle of silver requi s it e f or t h e sideboard or plate-chest' articie4 phiets of prices, illustrated by sketches of the valinul ing doo ' gratis and forwiv•ded, post age f ree, to any part oftlo a clo° o —T, COX SAVORY, N o . 47, Cornhill, London, se from Gracechurch-street. BIR THS. v ... nill' On the 2 s d i ns t., at Bushey Grange, H er o, the , _d ' to H. Burchell, E s q., o f a daughter. rdfah ire ' On the 26th inst., at the Chase, Ross, Herefo C, lady of George Strong, Esq., M.D. of a daughter. go, Or; the 25th inst., at Lower Tulse-hill, Brixton, Warton, of a still-o ch rn at Cild. On the 20th insbt., Crescent-place, B ur t o n-cre icent' 10' iJ Frederick R e id, o f a daughter. • • ' f Char ° On the 26th in s t., a t C am b erwell.grove, the 1551 e Phillips, Esq., of twin sons, one still-born. ; Job On the 26th i ns t., a t Ai g b urth, near Liverpoo l , - 11111. ~A, til . Tinne, of a d a u g ht er . e On the 26th inst., at Brook Cottage, Albury, Gu ildfor d, wife of W. H. Pl ace , E sq., of a daug hter. X1 1 . On the 27th i ns t., at Woodberry-dewn, M Tv• A. Dirs. vv . 0 Job kinson, of a dau g ht er . On the 27th inst., at Wimbledon, Surrey, the Is d Y °f Malleson, E sq ., o f a daughter.------ MA RR I E D. Cleme n t On the 25th inst., at Horncastle, by the Re v ' ore.P ler Madeby, D.D. Charles Richard Weld, of the Middle ilecc to Anne, second daughter of Henry Sellwood, Eaq ' and t of Sir John Franklin, • te a ' . On the 20th inst., at St. Cleraents, Cornwall, Lie u e ldes t Colonel. J. F., Palmer, f the Madras army, to Catherine, :j est daughter of the' late , H. P. Andrew, Es q.. of lic)dreaul J. Truro. • bar On the 26th inst., at St. Dunstan's, StepneY, iq r ' gi da e ug tv Iremonger, of Mortimer, Hants, to Mary Rowe, elde st ter of Mr. Edward Thornhill, of Stepney-green ------- 13 IRO. On the 21st inst., at Bromptom, Mrs. Elizabeth Al l r. ur eef , On the 23d inst., at Tandridge Hall, n ear Godstone , John Pearson, Esq., aged 61. be h oe On the 24th inst., Mrs. Cath er i ne S m ith, widow of John de la Chambre Smitli,'Esg of Waterford. On the 24th inst., at Glasgow Mir. William Chalmers' On fi r '. On the 25th inst., a, Bethnal-gr n, Peter Rr,envoize , ,,'"gro• On the 25th inst., at New West e o e n•street, ..iouthwtrAt thi ns Gunton, relict of the late Mr. G. W. Gu."lton, of " Essex, aged 65. ; On the 26th inst. at Brook House, Chesliunt, Captain. Vend Hume Spen ce , R . N;, aged 67. to re, On the 26 t h inst., in Henrietta -street, BrunserAck -s1 Tristram Harper, Esq., aged 81. On the 18 t h i nst., at Maidenhead, R. Gooldvo, Esq. Dr' On the 19th inst., at King.ton-on-Tharae,s, the go t ? ....., of Fisher, M aster of the Ch arterhouse, and Canon Res i den tial,' Norwich, aged 92. London : Printed and Published by MIXRDO Y" d lis No. In, Strand, at Th e S un Offi ce, N o. 112, Stra o the County of Middlesex, Friday, Joinery 28, "41 X F 0 for ß D , UNIVERSITY INTELLIGEN CE ' holden Q ,sere conferred : ~,, oi ' --, L'ACIik:LOR IN DIVINITY.—.IIev. Thomas. Lva Oriel College. g j rln N t . in 2 g 7. d — egr T e l e li s s , & da c.. y ., a wh e ei c i li t r l ° le cait'oi°llno:iiill: MASTERS OF ARTS.—Ed ward Rawnsley, of Bra's° nose College ; Gilbert Sa n db ac h , of Brasennose College: Rev. Edward William Garrol,v, of Brasennose Collerry Charles Edward Th.ornhill, of Christ Church; R e a' ' L en a Rev. H. Steel, of Jesus College ' Combs, of St. John's College; Edward F. Witts, of '----: dalen Hall ; F. A. Iremon.er of Pembroke College ' Blakely' ° G. A ; Rev. A. Worcester College. 10 BACHELORS OF ARTS. —W. r R e °f eh l B. awstorn , ..; , m. yorw - Church ;G. Phillimore, of Christ Church • are hj of Christ College ; J. F. B. Blackett, of Christ Ch, C. Simeon, of Christ Church T. P. Wilson, of B r n.i. nose College ; C. IL Langhorne, of Exeter C ollege ,T.ones, Midwinter, of Magdalen Hall Hall. f n BACHELOR IN MUSIC.—G. J. Pye, of .-adall id pro' . A A Convocation was afterwards holden to elect the . 4 . lessor of Poetry, when the Rev . J . G a rbett, a 1 3 r a '' nose College was chosen without opposition. SPORTING IN TEILIGENCE'. TATTE 11 SALL'S —YESTERDAY. c o p The betting yesterday touched upon the Chestf' r olf as well as the Derby, an d t owar d s t h e c l ose was tole s the brisk, but except th a t it esta bli s h e d L ane rcest s o f premier for th e fi rst event, an d conf i rme d t h e udval ice e y Auckland to 20 to 1, nothing of any importa nc " . transacted. The final arrangements were thus ;"-- THE CESTER CUP. 5 to 4 on M r . Kirby's H Lanercoat agst any other offeL 15 to 1 agst Mr. Greville's Rory O'illore 17 to 1 agst Mr. St. George's Jolly Tar 1000 to 20 agst Mr. Legh's George—taken t oal 50 even between Rory O'More and Jolly Tarim THE DERBY. 26 to 1 agst Mr. Gregory's lot—taken 7 to 1 agst Col. Anson's Attila—taken 10 to 1 agst Col. Peel's Chatham idt 20 to 1 agst Lord Westminster's Auckland -4. 23 to 1 agst Mr. Wreford's Wiseacre 27 to 1 agst Lord Verulam's Robert de Gorham 35 to 1 agst Lord Chesterfield's Joanna cOt -40 to 1 agst Mr. Ramshay's Moss-Trooper 50 to 1 agst Mr. Rowes's Meteor—taken ff e iel 50 to 1 agst M r . G regory ' s Defier—taken a nd A 60 to 1 agst Mr. Scott's Artful Dodger—tak en -, d ko 5000 to 75 agst Mr. G. Clark's William le Gros' 1000 to 15 agst Mr. I. Day's Curator—taken. 6666 to 200 agst all the mares—taken THE OAKS. 25 to I agst Colonel Westenra's Rapture---r-taken h sg EDWARD BEA UMONT S M rep% l 0)- ,i been circulat e d i n one o f t h e Hamps hi re paP e l ti ,oo quoted by the L on d on j ourna l s, t h at Ed wa rd It it e ba s Smith, formerly a c l er k i n t h e E xc h equer -bill-0 11 ' d he el) now a convict at W oo l w i c h, a f ter i nqu iries NI Set tle' relative to th e sa ili ng o f a s hi p f or a pout', f o r S ment, had been sent by ra il roa d t o P or t s mouth , h oe passage to Van Diem en a l an d . Th e i nqu i r i e s al% re' been made, but n o or d er f or hi s removal has ec,",,Der ceived at Woolwich, w h ere h e st i ll remains a iial on the Justitia hulk attached to the Royal ° ; ,; i e lli department. Vario us accounts have occas'—itt to appeared, stati ng th at f avours have been sh(”citlis him, and that he has not been treated lik e fog r, other prisoners ; but these assertions:--laiwo n° dation in fact. Necessary as is the punishroe convicts who have rendered themselves am on ble to the laws of the country, due considePpre, is always had to the employments they have, and viously been engaged in before their committ r k consequently they are set to heavy or light task -vi tb t their first entry, that they may be able to perform work assigned th em w i t h out i n j ury to their o ye s E. B. Smith, si nce hi s arr i va l h ere, has been OW - 04 in numbering the clothing, blankets, and shi rt h s i g l q stockings of th e o th er conv i cts, b e i ng f o und ‘ useful in that cap ac ity, owing to t h e neatnes s with . ev er) he could form the requisite numbers and letters,l o w article being mar k e d w i t h t h e word " Just i t i a " an b r of e tbe r secutive figur e s f rom 1 to 650, the average nt iin convicts kept on b oar d t h at vessel. To a ff o rd p ri' proof that no partiality is shown to the u nfortart a ' o ,o soner, it was only a few days ago the heavy irons ‘ , co r which convicts on their first entry are chained for tail ,' e d, rity until their conduct under confinement is asc er dtbe ° s l o ‘ hn e il i p ; b r lyv e h in oo ( r ) d v he e a s ( r l , otfh a n eD d pro a . lighter eorr w,hteh kind he thinks they might suffer in health by any deesP regulations, to treat them so as to preserve the"' tutions unimpaired, if possible. thftr p s ri u To e n o e n rs o e f oni th y e l t s h 7; ::o l li7 , There was a larger number of children j ot; usual baptised in St. Peter's Church on Tuesd a y and amo ng t h e names given to them were Edwar timus, and Victoria Albertino.—Brighten Gazette• ain glY THE QUEEN DOWA GER.—We excef ror ibo' rejoice t o s t a t e t h at t h e answer to inquiries at ""*Queef i rough Hous e thi s morn i ng was, her Majesty th e „ritg' Dowager conti nues daily to - improve in health and Lord Ashburton's departure on his speci al o il sion to W as hi ngton was f i xed for to-day, but,shie to the tempestuous state of the weather, his Lo embarkation has been postponed for a few days !,,fstß k•.