The Sun. — London, England, 1824-05-01 00:00:00

'I'UE LONDON. JOURNALS. DAILY iglitratts from the Mornin: Papers, May 1. [BRITISH PRESS.' iYe. have received, by a packet just arrived frefre Rio, de Janeiro, letters from the Cambridge e4 7 lo..guits, the vessel appointed to take out the South American Consuls to .their respective des throlious. The crew of the Cambridge were all in excellent health, but the ship sustaiued consi derable damage by the voyage ; so much so in dtedr,that it. lost its mizen-mast, and was obliged to undergo the operation of caulking. The vessel ; seems to have been altogether very un seriAselly built, and we regret to say, does but little credit to the present state of our naval architecture. At Rio de Janeiro the Cambridge reo,with Lord Cochrane, and a mutual salute was. interchanged between the English man of.-war and the Imperial flag of Brazil. This is, in fact, a virtual recognition of South _American Independence, and was probably adopted, on the part of the Cambridge, in acEoidance with the instructions which she rettAved, on sailing from England. Lord Cochrane is much altered in personal ap pearance since his departure. from this country. ITe looks fatigued and worn by the toils he has undergone, and expressed himself desirous, if the state of affairs permitted, to retire altogether from the service to which he has• for some years cc:ttributed such important and essential services. Reciprocal civilities had passed between Capt. Maling„and Lord Cochrane, and his Lordship was to have dined on hoard the Cambridge the I day after the packet, which brought our intelli gence, sailed. The most important news from that, interesting quarter was the very serious ap prehension that was entertained at Rio de Janeiro, of the intention of France to aid Portugal in the recovery of Brazil, and the Spanish Royalists in their contests for Chili and Peru. The greatest confidence prevails as to the futility of such inter ference ; but the effort, if made, although unsuc cessful, must under any circumstances be attend ed with manifold mischiefs. The harbour of Rio de Janeiro was crowded with French frigates and ships of war; and at the moment the English packet got underweigh, two more French frigates and a corvette were entering the harbour. This unlooked-for force was naturally regarded with g , re.at suspicion and distrust. The utmost cor diality subsisted between the English and Ame rican naval force, and every disposition of appa rent friendliness has been manifested on the part of the Emperor I)on Pedro. The King and Queen of the Sandwich Islands were at ltio de Janeiro, on their way to visit this country. The object of their visit, it is understood, is to pray ate interference of our Monarch in ameliorating the condition of the islands and their inhabi tants, under their present jurisdiction. The King of the Sandwich Islands is ,said to he a very intelligent person, and to - have more exten sive and liberal notions of government than might be expected. As soon as the Cambridge under went the necessary repairs, Captain 'Haling was to proceed with the Consuls to the destinations respectively assigned for their residence. During their passage outwards the officers and crew of the Cambridge passed their time in an uninter rupted round of gaieties. Dinner parties were frequently given, and there was a ball on board twice a week. The North American Envoys Lad already been able to reach their several des tinations before our Consuls had arrived. This will deprive our representatives of that important advantage of the first impression, which, in poli tical as in all other affairs, seldom fails in pro ducing a decisive effect to the advantage of the party in whose favour it is made. [Tug TIMES.] Intelligence was received yesterday of the ar rival in the Downs of the Eagle, a South Sea whaler, which vessel is known to have sailed from Rio de Janeiro some days after the Courier, but no letters by her reached town. It is likely, howeverohat they will be forwarded this day, when some additional information may transpire respecting the situation of Brazil, which has ex cited such general interest and anxiety for the last two days. The effect on the money market has been very remarkable; every species of South American security, and even the English Funds, having declined in value, and it is evident that the alarm not wholly subside, until some ex planation shall be afforded by Ministers on the nature of the dispatches from the English Consul General at Rio de Janeiro. It seems now very generally admitted, that the Brazilian Emperor, or Regent, carries on a secret correspondence with his father, and entertains designs hostile to the independence of Brazil : how far these may Ix. restrained by a sense of the personal danger of the undertaking, or in what manner the event of their ultimate success may affect the important question of the ex-Spanish colonies, or compro mise the honour of this country as their avowed protector, are speculations not to be hazarded without hotter information. If Ministers are really to solve the difficulty, there cannot be a stronger claim upon them than arises out of the great financial and commercial interests involved in the result. [monNtzio POST.] We are authorised to state that th e rumour of eight French frigates having appear at Rio Ja neiro is quite false. There were only three there at the date of the latest accounts, and one of these was supposed to have entered the port merely for refreshment on her way to the Pacific. We received last night, by Express, French Papers.to,the 30th ult. They are again almost entirely ,filled with the proceedings of the Charn bequhielchave as yet led •to no result. The" anty new feature in the discussion is the appear- ince, of two of the Liberal Orators, Messrs. Ge ra rill!, and Mechin, at the tribune, and their being mostly beard" with patience and attention. In (teed the former had frequent testimonials or ockd humour from the Assembly during two-thirds of his speech, and it was only when he changed 1113 light sarcastic tune for one of personal vim lence against Mr. de Villa', that the Chamber ceased to laugh at his wit, and overpowered him with murmurs. Ills colleague, Mr. Mechin, was more fortunate ; for his speech being strong in argument but temperate in tone, obtained the honours of impression, a favour which we believe was not granted once last Session to the best harangues uttered by any Member of the Oppo sition : It is indeed remarkable that from the mere force of position there has lately been a great approximation of feeling between the Ultras and the Liberals. As but few of the latter, to use Mr. Mechin's expression, " have escaped from the electoral Waterloo," they are no longer viewed with apprehension by either party, and as their votes may be useful to the Royalist phalanx arrayed against the Ministers, in the first import ant battles of the Session, they are treated with unwonted courtesy both in and out of the Chamber. Their speeches are reported at full length, and the effect of the strongest passages in them is carefully described in the Ultra Journals, whilst the Constitutional prints are not backward in returning the favour, and even complimenting their former enemies on their sound reasoning and eloquence. Indeed, should the Ultras not succeed in becoming Ministers themselves, and should they continue to act as a regular Opposi tion in the Chamber, there appears every proba bility that, in process of time, they will become Liberals to all effects and purposes, save in name. —(lbid.) [NEW TIMES.] - We yesterday stated our opinion that " the wonderful news" from Rio de Janeiro, which figured in some of the Papers of the day pre ceding, would be found to be grossly exagge rated. We can now state positively, that the letters from that place, received by the first commercial houses in the City, and dated the 25th February, are quite silent on the subject.— Had that feeling prevailed among the British re sidents which was announced in the Times and Chronicle, it is quite impossible that it should not have been alluded to in those letters ; but though several of the principal Brazil houses in London have received advices of the same date, and by the same conveyance, (the ship Courier), they do not allude to the circumstance in ques tion in the slightest degree. So far from the Emperor's having disbanded any troops, he was making great exertions to augment his force, which prevented the dealers from the interior and adjacent parts coming to the capital to snake their usual purchases, from an apprehension of being subject to military duty. This is mentioned in the letters as one reason why trade was in such a deplorable state. It is very probable that some French ships of war had arrived (their number has no doubt been de signedly much exaggerated) ; but there is no thing either unnatural or unprecedented in this ; for the French Government having constantly ships of war on the several points of the South American station, they would of course have to be relieved from time to time ; and Rio is the point of rendezvous for them as well as for our own vessels. A British merchant lately returnf - d to this country says that this was frequently the case whilst he was there, and iu one instance some of the ships of war came from Martinique— an indirect course, which the paragraphs above alluded to would represent as very suspicious ! [MORNING CISRONICI.E.] Various opinions are entertained in the City with regard to the recent intelligence from Brazil. Letters received by respectable houses from Rio Janeiro do not allude to this French naval force, from which it is inferred that it had excited no uneasiness there. This may be. But what busi ness have the French, who have hardly any commerce in these seas, with so large a naval force there ? We have already stated the difficulties with which the question is surround ed. Admitting, which we do, that no reliance whatever is to be placed on the word of any French Minister or French Prince (after what has taken place within these few years, he must be a stout believer who can rely on their word), still, as we observed yesterday, the embarking in projects hostile to the repose of South America, after the declarations of our Ministers, is quite irreconcileable with the financial schemes now carrying into execution in France. That our Ministers should connive at any such projects, we cannot believe. There are others, however, who entertain a different opinion, and the following extract from a letter which we received yester day, is an instance I am astonished at the manner in which the Press of London speaks of the appearance of the formidable French fleet in the port of Rio Janeiro, and I have been astonish ed for many months at the unaccountable apathy of the British nation, in regard to the extensive and well attested armaments which have been prepared during the past winter in se veral of the French Ports. The English Nation and the English Press have been deceived as they were last year with respect to the relations of France and Spain. Even now, that Press speaks as if our Government were profoundly ignorant of the late movements of the French marine. It is not so ; our Government has been apprised of the whole from the beginning, and has approved of th e whole ; and they would not go into a Congress at Paris, because they could not after that have denied that they were so apprized, and had thus approved. I scarcely doubt the fact of their knowledge and secret approbation any more than I doubt my OWR existence. It is now too late to make a bustle, so far as regards Brazil. — Our Government cannot interpose to arrest French intervention in the affairs of that country, if they wished to do it—but they do not. They Were privy to the whole plot, and will sooner co operate than oppose it." [MORNING HERALD.] Wedn'esday's Paris Papers, with the Eloile of Thursday arrived last night. They are wholly taken up with the continued debate on the re duction of the interest payable on the Rentes.— It was opened by M. de Girardin, a Liberal, who took the turn of General Foy, abs'eut from illness. His speech had some point and per sonality, and frequently excited what the French Journals call a sensation. He touched with some happiness the impartiality with which the money lenders supply their capitals to the Empires of Russia or Otaheite, the Republic of Colombia, and the Austrian Monarchy,and called a certain great banking concern a European Mont de Pick, or pawnbroking shop to which the Kings of Europe resorted to in their distress. He was answered by Mr. Corbiere, the Minister, and some further speeches of little interest, the de bate was adjourned to the following day. There are, in a recent work of the Abbe de Pradt, some curious observations on the preva lent system of public loans, especially with re ference to those of the last two years. lie esti mates the loans effected in the years 1822 and 1823 at a milliard (of francs)—France alone has for her share 323 millions ; and, what seems a prodigy to the Abbe, Mexico and Peru have im plored and obtained " the produce of their own entrails" from the money-lenders of Europe ; or, in other words, the land of gold did homage to the land of oredit. This milliard of capital pays, at six per cent., an annual revenue of sixty millions. But who are the proprietors of this revenue---the Aristocracy or Democracy ? The latter, no doubt, whose skill and industry pro duces all this disposable wealth, and to whom, in its reflux, it brings back new profit and riches. The increase of wealth obtained by the Demo cracy in this way does not, by the Abbe's calcu lation, fall short of 500 millions—of francs, be it understood. This has produced a kind of social revolution. The Democracy has taken le haul du pave —or, it may be said, has taken the wall of the Aristocracy. This revolution is ingeniously enough indicated in the past and present state of Paris. Since Paris has become the first manufacturing town of France, and the second money market of Europe, the face of Society has changed. The Aristo cracy scarcely holds its footing in one or two fashionable parts of the capital. The most splendid, and far greater number are possessed by the Democracy. It is the Democracy that anides the fashion, and embellishes the city. Under Louis XIV. it was asked at Paris," what do they say of such or such things at Court ?" Under Louis XV. it was asked at Court, " what do they say at Paris ?" Then commenced the social change which has now reached its utmost de velopment. The system of public loans has not only given, according to the Abbe, a social, but a political supremacy also to the Democracy.— " I ask," he says, " whether, without the pe cuniary assent of a dozen houses exercising a dictatorship in credit, it would not be easier to break an armed coalition, than a league between twelve of the leading European banking-houses?" INQUEST on REUBEN FLETCHER, ESQ• Last night an Inquest was held at the Castle Inn, Brockley, near Lewisham, before JOSEPH CARTTAR, Esq. Coroner for Kent, on the body of Reuben Fletcher, Esq. of Camberwell, who for many years filled an important situa tion in his Majesty's Mint. The Jury being sworn, took a view of the body of the deceased, and after returning to the Jury Room, the Coroner addressed them :--He stated, that their inquiry upon the present occasion was, first, how the deceased came to his death, and it would, he understood, be very satiS factorily proved, that he was the author of his own death ; in the second place, they would have to decide upon the state of the mind of the deceased at the time the melancholy event took ' place....._He (the Coroner) had frequently given it as his opi nion, that suicide indicated insanity in the person who com mitted the act without any apparent motive ; but in this case he believed that evidence would be adduced, clearly showing the disordered condition of the mind of the deceased. Mr. W. Forbes, a surgeon, of Camberwell, stated that he had been ac qua i nte d wi th the deceased upwards of twelve years ; for the last twelve months he had attended him professionally, his disorder was the stone in the prostrate glands, which is much more painful than the common disease of stone and gravel ; the anguish occasioned by the former being constant, and the latter intermitting. Such a continued state of bodily suf fering as the deceased endured was very likely to occasion great irritation of mind ; and he had observed that the deceased, when speaking of his disorder, had entertained the most in correct and absurd notions on the subject; for instance, he at times would fancy the stone in his brain, and at other times in his heart and stomach. Witness's obser vations had led him to suspect some disorganization existed in the mental faculties of the deceased. On Monday wit ness saw the deceased at his house at Camberwell, about 11 o'clock in the day, and on the same morning lie saw him again in Camberwell Grove; but on those occasions he observed no thing particular in his conduct. On Tuesday morning, witness called between 12 and 1 o'clock at the deceased's residence, and saw Miss Fletcher, who said, that her father left home at 10 o'clock, and expressed great uneasiness lest something should happen to bins of a calamitous nature. About half-past four o'clock the same a fternoon, witness received a letter from a per son named Colly, stating, that a gentleman had been taken out of the canal, near Brockley, on whose person a note was found, addressed to witness ;_he therefore took a chaise and went to identify the body of his friend. On arriving at the place where the bode was lying, the letter was handed to witness (which he produced), and he found it was in the hand-writing of the deceased. It was addressed—" Mr. Win. Forbes, Cam berwell-green," and was underwritten--" Reward for carry ing this is in my hat," and the contents of the letter were— " Adieu, my dear Forbes ; I cannot bear with my feelings any longer. Your's, The Jury examined the letter, which appeared to be written in a pretty firm hand. Thomas Scales, a resident at Camberwell, stated, that on Tuesday last he was walking along- the bank of the Surrey Canal, for the purpose of getting work b' unloading some of the barges, and saw a cane lying on the side of the river, and a little farther on lie observed the body of the deceased in the water. A snan named Hawkins came up to him and assisted him in getting the body out. The deceased had no hat on ; but witness observed a hat floating on the surface of the water some distance from him, and near to it a letter was lying upon the water ; the letter was the one produced by the above wit ness. The body appeared to have been but a short time in the water. There was no money in the hat. Coroner.—ls it not very probable that the deceased placed the hat with money in it on the side of the canal, and the wind blew it in ?_Witness continued—He thought it was very pro bable. In the pockets of the deceased were found a purse, con taining a sovereign and some silver, and in his fob pocket a gold watch, Sec., which had stopped at five minutes past one o'clock, the time, in all probability, when the deceased threw himself into the water. Mr. Steel and a Mr. Hawkins who were in the company of the last witness when the body was found, confirmed his evidence. The Coroner said, that there could be no doubt of the de ceased having occasioned his own death by drowning himself, and after the evidence of the Surgeon who attended him, little doubt could be entertained of his being affected in his mind at the time. The Jury coincided with the Coroner, and returned a verdict,—"'That he drowned himself, being insane at the time." The body was placed in a hearse, and was conveyed in it last night to the house of the deceased, at Camberwell, followed by the deceased's private carriage. An Inquest was held before THOMAS Gi:LL, -Esq. Co roner for Westminster, - at the Feathers public-house, Dean street, Westminster, on view of the body of Mr. C. Schmitz, a Bavarian. The body was found in the Thames. No explana tion of the cause or manner of the death of the deceased was elicited. On his person was found a card with the following address :—" C. Schmitz, Commissary Inspector of Mines and Manufactures of Porcelain to his august Majesty the King of Bavaria, Member of the Royal Accademy of Sciences at Mu nich ; Correspondent of the Society of Philomatique and Na-, tural History at Paris, No. G, Norfolk-street, Strand." The Jury returned a verdict of—" Found drowned." LAW INTELLIGENCE. COURT OF CHANCERY, Aram 30. THE OPERA HOUSE. Mr. HART moved for leave of reference to the Master, to in quire whether it would not be for the benefit of the estate to con tinue Mr. Croft a trustee, with an allowance of compensation for his trouble in the management of the estate. This applica tion; though relative to a Theatre, was not like those made on other Theatres ; it had nothing to do with the internal manage ment—it was only as to the duty of landlord. The LORD CHANCELLOR—I am not aware of the nature of the theatrical management of those establishments, but I cer tainly know that the judicial management of them is a very dif ficult affair. Mr. HART—The case was this: Mr. Croft had been confi dential clerk to Mr. Holloway, the proprietor of the Opera House. Mr. Holloway at his death appointed him a joint trustee with Mr. Serjeant Marshal and Mr. Serjeant Lawes for the management of the estate. Mr. Serjeant Marshal is dead. Mr. Croft cannot give up his time to the management without compensation. Mr. Serjeant Lawes, the surviving trustee, cannot manage the estate without the practical assistance of Mr. Croft, who alone is acquainted with the nature of the business. Mr. SUGDEN, for the infants, declared his consent to the re ference. The LORD CHANCELLOR—This is a delicate thing ; I don't know well what to do. Trustees who voluntarily undertake trust duties cannot get rid of them. A trustee cannot be al lowed compensation, except on the principle that it is for the benefit of the estate. Trustees may employ others and pay them out of the estate, but cannot take compensation for their own labour ; and Lord Thurlow was so well aware of this, he directed by his will, in express terms, a compensation to be given to his trustees. Mr. SuoDEX observed that Mr. Croft never accepted the duty of trustee, or the legacy bequeathed to him by Mr. Hollo way for executing the duties. The LORD CHANCRLLOR said he should have repudiated the trust by a regular deed. Mr. HART said that Croft would execute a deed divesting himself of every right and interest in the trust. The LORD CHANCELLOR—If he formally divest and dis entangle himself from all connection with the trust, he then has as little to do with it as any man that walks the streets of Lon don, and of course is equally eligible, and may be proposed before the Master. Mr. BATHEBY could not let this opportunity pass of men tioning to his Lordship the charge made to the trustees for the use of a box in the Opera. Mr. HART contended that, the charge was enormous -678/., as he would prove. The LORD CHAECELLOR—I believe you have got into the wrong box there, Mr. Hart. Mr. BULEELEY said the charge was fair. Mr. HART asserted that he would not be boxed about so ; he would defend his assertion. The fact was, Mr. Serjeant Mar shal, one of the trustees, occasionally visited a particular box on a free ticket. The Lonn CHANcEL Loa—What business has a Serjeant at Law at such places as theatres Mr. HART could not deny that Serjeants as well as other people wereloften found in places where they ought not to be ; but he might have gone to the box for half a guinea each time, and yet he was charged the price of an entire box, 5781. This was most exaggerated ; it was a case of extreme hardship. The LORD CHANCELLOR could not deny that it was some thing too much ; he would look at the papers, and settle the affair to-morrow. No further business appearing, his Lordship rose at twelve. COURT OF KING'S BENCH, APRIL 30. GREATII.I3I V. HHITLHEAD. This was an action brought by a person of the name of Great ham, residing in Hertford-street, Fitzroy-square, against a con veyancer and annuity-broker of the name of Whitehead, resid ing in Boyle-street, Burlington-gardens, to recover a sum of money which he had intrusted to the defendant's care to be laid out in the purchase of annuities, of which the interest was to be regularly paid and properly secured to him. The action arose out of the two following transactions :—On the 17th of April, 1818, the plaintiff, acting upon the recommendation of the de fendant, who received a commission for completing the bargain, ordered the defendant to pay over 700/. to a clergyman of the name of Locke, who, in return, secured to the plaintiff an an nuity of 961. a-year, which the defendant informed him was amply secured upon the living of Hilgay, in the counts , of Nor folk, which was estimated at the yearly value of 1,500/. About the same time the plaintiff, upon the same recommendation as before, ordered 7001. to be paid into the hands of a gentleman called Hamer, who, in return, granted to the plaintiff a similar annuity to that granted him by Dr. Locke. On these two annui , ties one or two half-yearly payments took place : after which nothing was received on account of them. Thu plaintiff, not receiving his annuities, began to inquire into the resources of the persons who had to pay them. He found them both over burdened with annuities, and in a state of the most notorious pecuniary embarrassment. Ile now came into a Court of Jus tice to compel his agent to make good to him the loss which he had sustained in consequence of his negligence. Mr. SCARI.ETT, who conducted the case of the plaintiff, was proceeding to state the notoriety of Mr. Hamer's embarrass ments, when, in consequence of an annunciation maf.e to him by the Attorney-General, who conducted the defence, that Mr. Hamer had recently had an accession of fortune, and was now able to pay his annuity, he said that he should give up that part of his case ; and should proceed to prove, that at the time when Mr. Whitehead advised his client to purchase an annuity of Dr. Locke, he either knew, or ought to have known, that that Gentleman's affairs were in a state of the utmost embar rassment. He should call witnesses to prove, that on examin ing the judgment-roll of the Court of King's Bench, they found judgments docketed against Dr. Locke, in April 1818, to the amount of 39,6451.; and on examining the Register-office they found he had granted annuities to the amount of 1,21351. ; that on examining the Filazer's-Office, they found that in the year and a half previous to that date there had been writs, of which many were writs of alias and pluries, issued against him for sums amounting w 3,440 /. ; that in the interval between the years 1812 and 1818, 47 writs against him had been placed in the roiffifficeofoEf t n li g e li S s i b i e c r o jir un ° tfieSsu;rtrieY, and 88 i n th o se of th e other She riffs an officer at Guildford had in the same period arrested him 60 or 70 times ; that his credit at Farn. ham was so n otoriously bad that nobody would intrust him with the slightest article ; that he was committed to the Fleet on the 15th May, 1819, upon 4 different actions, and discharged from it in consequence of superseding some of them and settling others, on the Bth July, 1819 ; that he was committed on the 11th of July, 1819, to the King's Bench, on three actions, and discharged from It on the 26th of September, 1819 ; that a commision of Bankruptcy had been issued against him on the 30th of September in the same year ; that he had since gained his certificate, but that no dividend had been paid nor was likely to be paid under his commission. The Learned Counsel contended that many of these facts must have been known to Mr. Whitehead. He had himself enrolled several of Dr. Locke's annuities ; hut even supposing that he had not, he was bound, as agent for the plaintiff, to take every means which the law allowed him, to ascertain that gentleman's sol vency. He might have gone to the Annuity office, to the judg ment roll, and to the Filazer's office. He either had done so, or he had not. If he had done so, he had erred with his eyes open in not warning the plaintiff, who had intrusted his money to his care, against lending it to Dr. Locke. If he had not done so, lie had been guilty of the grossest negligence in allow ing his client to pay away his money to a man so incumbered ; 1 and in either case was bound to make good to the plaintiff the loss which he had sustained. He, therefore, confidently sub mitted, that a verdict must pass in this case for his client. This case was fully proved on the part of the plaintiff. It appeared, however, that some of the docketted judgments re lated to the same transactions as the annuities, and that the an nuities were secured, not on the living of Hilgay, but on the living of Clutton. There was a covenant in all of them, that in case Dr. Locke obtained a new living, and vacated his old one, the annuities should be transferred from the new to the old living. The ATTORXEY-GENERAL said, that when the plaintiff determined to exact 14 per cent. for his money, it was evident that he did not expect to get it upon security that was altoge ther unexceptionable, inasmuch as no person that was not em barrassed would consent to allow such exorbitant interest. It could not, therefore, be fairly charged against his client that he had misled the plaintiff, even if he had not fully informed him of the embarrassed circumstances of Dr. Locke. It was true that he could not controvert various judgments and memorials which had been produced on the other side. His case, however, had nothing to do with them. He would prove to them that his client had done nothing more in this transaction than intro. duce Dr. Locke to the plaintiff; and that it was dr. Lambe, Mr. Greatham's attorney, and not his client, who had examined into the securities, and drawn up the conveyance. Besides this, he had another defence. At the time this annuity was granted, there was no other incumbrance than it upon the living of Hilgay, which was estimated at 2,0001. All the other annuities were granted on Dr. Locke's other property, which consisted of farms in various places, the living of Farnham, worth 3001. a year, and the perpetual curacy of Seale, worth about 1001. a year. His case rested upon this fact, that the living of Hilgay was a specified pledge, on which there was no specific incumbrance. That property had since been forfeited, not in consequence of any thing that was known to his client at the time of granting the annuity, but in consequence of some proceedings which had since taken place between Dr. Locke and a clergyman of the name of Craddock. Dr. Locke, who was in possession of the advowson of Hilgay, had sold it (4 Mr. Craddock for 26,0001., to be paid in a certain fixed and de finite manner. Dr. Locke, in consequence, resigned the living in 1816 to Mr. Craddock, but accepted it again in 1817 in sort sequence of Mr. Craddock's not being able to ftilfil the terms 61 his agreement. He was again, therefore, in possession of it. at the time when he granted this annuity. Subsequently he endeavoured to void it in favour of a clergyman of the name of Lens. The Bishop of Norwich, however, suspected that some sitnoniacal practices were carried on between them, and the consequence was that a writ of quart impedit was issued. The proceedings on it were protracted for some time, and it was not till the year 1822 that they were concluded by a decision which took away the living from Dr. Locke. If that living had not been forfeited, he contended that the plaintiff would still have good security; and as it had not been forfeited in consequence. of any thing which had been done by Dr. Locke previously to . April, 1818, he maintained that there was not a shadow of ground upon which the plaintiff was entitled to recover. Mr. %%. L. Davis deposed, that he had introduced the plain tiff to Mr. Whitehead for the purpose of letting that Gentle= man lay out the plaintiff's money in the purchase of annuities. Feeling, however, a great respect for the plaintiff, he advised him to employ a lawyer to examine into the security of any title. that might be offered to him. The plaintiff accordingly did so. He employed a Mr. Lambe, who lived in Surrey, and who had examined and approved Dr. Locke's title. The Rev. Charles Locke, son of Dr. Locke, deposed to the extent of his father's property. After describing the farms which he had at Greenhill, - Kingsdown-hill, Whitmore, Farn ham, Headley, and Hilton, but which, upon cross-examination, were proved to be for the most part only small fields and not farms, he proceeded to state, that in 1817 his father was Rector of Hilgay ; that in 1816 he had disposed of the living to a Mr. Craddock ; that he had retaken it in 1817, and that he had voided it in the latter part of 1818. It was a valuable living, extending over 8,000 acres. He knew that his father had pro- perty in the West Indies, and also in lead-mines ; but he never recollected his father's receiving any remittances, though he re-- ceived many letters from the agents who managed that pro perty for him. He knew that his father was indebted to Dr. Sorrel 16,0001. for the living of Hilgay. He never saw any of the tithes of that parish come into his father's hands, nor did. he receive any rent for the estates which he had mentioned—it all went to pay off the interest of the mortgages upon them. He admitted, after many attempts to avoid it, the extreme unbar, rassment of his father from the year 1812 to 1818. Dr. Hewlett, the present Rector of Hilgay, said that the esti mated value of that living was 1,571/. The admission and induction of Dr. Locke to the living of Hilgay were then put in and proved. Mr. SCARLETT, in reply, called upon the Jury to remark that there was no proof that any abstracts had ever been sent to Mr. Lambe to inspect, or even that Mr. Lambe was an attor ney. If the defendant had called Mr. Lambe, as he was per fectly at liberty to do, the Jury would have known whether he was the attorney, supposing him to be an attorney, of Mr. Greetham or of Mr. Whitehead. The first part of his Learned Friend's defence was perfectly untenable. His Learned Friend had called evidence from whom he extracted the fact, that Dr. Locke was indebted at the time when he granted this annuity to Dr. Sorrell in no less a sum than 16,0081., independently of the sum of 39,000/. for which he had issued annuities and given judgments. Now his Learned Friend had told them that this living was free from any prior incumbrance. His own witness had proved that statement to be untrue, by stating that there was an incumbrance of 16,0001. upon it. But even if that had not been the ease, his Learned Friend well knew that the judgments then docketted took precedence of all subsequent securities, and bound every kind of property which Dr. Locke possessed. Under these circumstances, as the defendant's evi dence, instead of contradicting, corroborated the plaintiff's evidence, he left the case with perfect confidence in the hands of the Jury. The LORD CHIEF JUSTICE summed up the evidence to the Jury, and told them that the first question which they would have to decide was, whether the plaintiff had relied on Lambe or on Whitehead for the examination of his security. If they thought that he had depended upon the former, then there was an end of the plaintiff's case; but if they thought that he had depended upon the latter, then it would be their duty to consider another question also. It was undoubtedly the duty of an annuity broker to examine into the circum stances of the party to whom the money was to be advanced. It was only charitable in this case to suppose that no inquiry had been made into the circumstances of Dr. Locke ; for if any inquiry, however slight, had been made in the neighbourhood in which he lived, it would have been impossible for the party making it not to have discovered the, desperate situation of his fortunes. After it was discovered, it would have been enifi cient to put any man of business on his guard, and to preven t him from lending his money to an individual who was so cer tain to give him no remuneration. H e s h ou ld t h er efore again press it upon them to consid er —fi rs t, h a d t h e p l a i nt iff intrusted his money t o th e care o f t h e d e f en d ant to lay out on good secu rity ? and secon dl y , i f he had, had the defendant used sufficient caution ? If they should fi n d a verd i ct in favour of the plain tiff; he thought that they wou ld h ave b ut little difficulty in coming to a similar concl u sio n on t h e second ; and in that case, it would be their duty t o g i ve hi m a verdict for such a stun as they calculated would (quid the annuity which he had lost. The Jury deliberated for a few minutes, and then returned a verdict for the plaintiff—Dam ages 1,8921. 10s. Pries. 34s Od to 40a Od 35s 3d to 403 Od COAL-MARKET, APRIL 30. Ships at Market. Ships sold 44 Newcastle . 27i 19 Sunderland - - 12 COURSE OF EXCHANGE, April 30. Antstei dam Ditto, at Sight Rotterdam Antwerp Hanilmigh :37 6 Si Us Altona Paris,3 Day's sight 2i 40 0 Us. Ditto Bourdeaux, ditto Berlin 7 10 Frankfort on the Main Petessburgli . 9 Vienna lO S Trieste lO 3 Madrid Cadiz Bilboa.. Barcelona erille Gibraltar • Leghorn Genoa 434-Venice, Ital. Lir. 27 0 Malta 45 -Naples 384 Palermo Lisbon Oporto ltioJaneiro Baltic . 51 Dublin .... 91 Cork 94 pet Cent. BULLION. Portugal Gold, n Coin / .0 0 0 petoa. Foreign Gold, in Bars 3 17 6 New Doubloons 0 U 0 New Dollars 0 4 9i Silver in Bars, Standard o 5 0 BIRTHS. On the 30th ult., at his house, Queen Ann street, the lady of Charles Pepys, Esq., of a son. On Friday, the 30th ult., at Clapham-common, Mrs. J,,tin. Shewell, of a daughter. MARRIED. Lately, at St. Michael's Church, Oxford, William Corgan,. Esq. of Chipping Norton, to Miss Alice Mason, of the latter place. On the 22d inst., at Buckden, the Rev. F. Swan, Fellow of Magdalen College, Rector of Swerford, Oxford, and of Saus thorpe, Lincolnshire, to Susan, youngest daughter of John Linton, Esq. of Stirltoe House, Hunts, and niece to the late Sir John Trollope, Bart. of Caswick, Lincolnshire. Lately, at Barlow, Essex, the Rev. Edward Miller, Vicar of Radway, Warwickshire, to Charlotte, second daughter of the Rev. Charles Sanderson Miller. Z/~ V. II 111 s, PE j"C } L; of earl Offi A d tA e bah, CI) JO), Gei) AU( 1141 1t %so pitJ - Df Pea \ T em bet tXt 1y Cl] Ph li e Tai Pe, At ♦l} thi DIED. Of a sudden attack of apoplexy, at his residence, Fulham, Mr. W. Osborne, aged 72. On the 30th ult., aged 29, at Hackney, of a decline, Mary Anne, the wife of Henry Ashley, Esq., of the Lord Mayor's Court.office, London. Lately, Ann, the wife of Mr. H. Brooke, of the White Hart Inn, Thetford, Norfolk, aged 46. She was the mother of 23 children, seven of whom are left to lament her loss. In .Upper Berkeley-street, Mrs. Keir, widow of the tato Arch. heir, Esq., in her 77th year. Printed and' Published for the PItOPItIIIITORB, at the Sul , OFFICE, 112, Strand, by J. B. CAISTAIItg. 6, r, 1',,,r It - i'l _ s, rot