The Sun. — London, England, 1824-01-22 00:00:00

LITERARY NOTICE. THE ANNUAL, REGISTER, or a View of the History, Polities, and Liteiature of the Year The iv NG- Toers, S:. Paul's Church-yard and Wattrloo-place, Pall- Mall. The next from which this valuable volume has recently issued is one of the oldest, and cer tainly the roost respectable, of which our en lightened necropolis can boast. It has always, uniformly, , and must powerfully, supported our happy, we may say, our glorious Establishment 40 Church arid state. The most able writers w ere engaged it) the former series of the work, and those who are employed in it at present appear to be fully competent, by ta lents, knowledge, and a due spirit of candour, to uphold its high and well-merited reputation. " e • • . eoe historical department of the volume before us occupies not fester thatesixteen chapters. The affairs of this, and of _every other country attached to us by political relations, have been amply and impartially investigated, and are reported with judgment, perspicuity, sagacity, and truth. — Nothing has obviously been omitted that can gratify the Statesman, the Politician, the Patriot, and the general Reader, up to the period of the year which it comprises. It is indeed, not to be considered as a mere compendium of the events which it records, but contains an abun dant treasury of Political information, from which the future Historian will derive his best materials. The domestic CHRONICLE, its AP PENDIX, the STATE PAPERS of this and every ether civilized country, the CNA RA C'FERS that — have attracted universal attention throughout the world, the PHILOSOPHICAL and LITI.R Alt Y is cELLANT, the account of USEFUL ARTS, Gxo- ORAPIIY and STATISTICS, ANTIQUITIES, anti LITERARY HISTORY, the POETRY, and the list of Booas and PAMPHLETS, published during the year 1822, are all marked with the same .diligence, judgment, and knowledge which mark the whole of this valuable depositary of im portant intelligence. We subjoin the PREFACE to the volume, es a fair specimen of the atten tion and ability which characterize the whole of thig excellent and truly important Aliscellariy. Intervals of peace have commonly been considered as com paratively unfavourable to the Annalist, from the very circum stance of that dearth of moving accident,' which renders them so propitious to the happiness of nations. To the philosophical politician, however, few periods of modern history present more .matter of interest than that which has intervened since the con -elusion of the late war. Indeed, the period in question, though undisturbed by any thing of international hostility, has by no means been wanting in those incidents of change and catas trophe which.are supposed to afford the best materials for the graphic power of the historian. The atrocity of fettle has been avoided, awfar as the European continent is concerned at least; but it has been strikingly marked by all the other characters of civil disaster—opinnon cas:bz:s, discors seditionibus, ipso etiam in pace scevam. Even,those countries in which these more de cided manifestations of internal commotion have not taken place, have betrayed less violent, but scarcely less unequivocal symptoms of the struggle of opinion and principle which has evidently begun, in almost every 'Kingdom of Europe ; and which, however its process may be disguised, or its crisis de layed by the varying circumstances of each particular State, menaces in all a consummation which it is fin the nature of things should ultimately take place. Our generation will not see it, nor probably the next; its approach, however, is not therefore the less actual : and not a day passes over us that does not insensibly add its contribution of .co-operation to the accomplishment of this" mighty catastrophe. In the cursory review of our labours in which we sometimes indulge in these .prefatory remarks, we have more than once alluded to this aspect of modern politics, and we recur to it again, because it is the consideration that most powerfully forces itself upon the mind, in the contemplation of every portion of our contem porary history. And it is this circumstance that gives to that history a distinctive character; , imparting even to its subordi nate details a kind of interest woich, in the eyes of the reflect ing reader, is hardly possessed by ail the revolutions of court fa vour and ministerial ascendancy, or even the vicissitudes of dynasty and conquest, with which the history of former times is almost exclusively occupied. .The Parliamentary Session of 182'2 was, of an unusually pro tracted length, and the subjects which came under debate were, many of them, among those the most intimately connected with the bases of our national prosperity. But there was compare ,tively little of party conflict in the debates which took place ; and on this account, perhaps, the Session excited less interest than did those immediately preceding it. The House and the Public appear to be interested in the fate of a motion precisely is the degree in which the result of it is calculated to affect the sta bility of ministerial power, or the relative credit or strength of parties. Hence it is that the reduction of a trifling piece of government patronage, or a proposed vote of censure upon some member of a dministration, will throng the benches and gal aeries almost to suffocation; while matters involving the great principle; of our administrative system, such as the repeal of the Navigation Laws, for instance, can scarcely bring together enough members to form a House.; and are decided upon without the great mass even of the newspaper-reading public seeming to be aware that they had ever come under discussion at all. The Agricultural Question, which occupied so large a portion of the debates of this Session, cannot be said to form an excep_ tion to this remark, as it was not only a very important subject' in itself, but, from the manner in which it was attempted to connect an extensive reduction of taxation, and consequently ,the abolition of the Sinking Fund, with the decision of it, be came a party question of the mcst critical nature. The posi tion which Ministers took upon this subject was that which an enlightened regard to their own character anti interest would of itself have suggested • and happily in this, as in most other cases, the interests of nation were coincident with their own. The friends of their country had never more reason to rejoice than in this defeat of a rash attempt to embarrass the Ministers, at the expence of a system, the observance of which, even the parties now attacking it, had hitherto professed to consider as essential to the welfare and safety of the nation. This sort of proceeding is so much in the usual practice of all oppositions in •all times, that we do not so much blame the individuals con- i cerned, as we regret the necessity, if such there be, of a system that seems naturally to lead to such perversion ofpublic principle. The dry detail of our Parliament:try Proceedings will be found to be relieved by some brilliant speeches front Mr. Can ning which were at the time believed to be the last specimens of his eloquence, wit h which the c ountry wou ld b e grat ifi e d f or some years. We have been carefully copious in our abstracts of these discourses, and we cannot but congratulate ourselves, the country, and the Right Hon. Gentleman himself, that his talents have not been doomed to a destination so inappropriate aa that which had been intended for them: Of the foreign history for the present year, the progress of the (heek insurrection forms the most interesting, feature. It ?rill be seen that that people continued to maintain the contest they had so daringly provoked with a gallantry not unworthy cf their cause, or of the name which is their only inheritance. We do not know that we are quite prepared to controvert the political expediency which induces the nations of Europe to stand :altogether apart from this struggle ; hat surely never was interest of that kind consulted at a greater sacrifice of all the sympathies, whether national or religious, which have hitherto so naturally and so powerfully influenced the political arrange ments of Europe. We see an European people contending against a Tartar tribe, which, after four hundred years encamp ment in Greece, (to use a hrase that has already been em ployed, and with singular happiness to describe the position preserved by the Turks in their conquered territories), yet re tain all the distinctive physiognomy of their barbarian origin— we see a Christian people struggling to rescue our common religion from the daily contumely of an abominable supersti tion —we see the descendants of a nation illustrious beyond all others.in the annals of human intellect, struggling to deliver a land thus sanctified with every association, whether of wisdom, or valour, or virtue, or genius, that can demand our reverence and our gratitude, and from whence comes the day-spring of European civilization intelf, from under the hoofs of a brutish horde, with whom feroelty is virtue, and Ignorance religion. It evidently now rests with the powers of Europe to put an easy end to a state of things, the existence of which has long been a scandal to Chriatindom ; sad if the Greeks, after they have thus half regained - their emancipation, are suffered to be a trampled down under this hopeless b arbarism, the rulers ortl,nhe present day will incur in the judgment of the wise and good of this andloture ages, a responsibility from which the sanction of all-the Diplomatic Congresses that ever assembled, Would go bat little way to absolve them TURKEY. (From the Cowtitmtionnel.) TRIESTE, JANT.3.—A vessel from Smyrna au nounces that the Turkish garrison of Corinth had been disembarked at Smyrna, and that the Idriot vessels had received 11,000 piastres for trans porting them there. A vessel from Zante an nounces that, after raising the siege of Miss°. long°, the Greek squadron ❑nder Mauro cordato hpd gone to cruise off Patras. As soon as the Turkish Commandant of this latter town heard of what had occurred at INlissolougo, he wished to send several Turks of distinction to Prevesa ; but the Greeks of Zante say that the brig on board of which they were embarked had fallen into the hands of the Greeks. ODESSA, DEC. 22.—The latest letters from Constantinople (13th December) say, that M. Minziccky was impatiently expected there. It was reported that the question of the evacuation of die Principalities was deferred till his arrival. We believe, however, that ho is chiefly to attend to our commercial interests. The Capital] Paella, who had arrived with eleven ships, and three prizes taken from the Greeks, attended the debates in the Divan on the affairs of the Morea. The pretended arrival of French Com missioners of the Maltese Order at Hydra, to treat with the Greeks for the cession of an island iu the Archipelago, excited an extraordinary sensa tion at Constantinople. At the same time people think they observe that Lord Strangford is again treated with great attention. It is a fact that the Sultan gave orders that a live Giraffe, which was come from Egypt, should be taken to Galata, to be shown to his Lordship.—(By an error it was said in a former letter that it was an agraffe of diamonds.)—The other Members of the Diplomatic Body were also treated with great respect on this occasion. The most extraordinary reports were in circulation respecting Persia, since commercial letters from Aleppo have an nounced that the Persians were again in motion. It seems certain at least that the Porte is uneasy because the ratification of the treaty of peace on the part of Persia has not yet been received.— (Allgenteine Zeitung, Jan. 13.) THE LATE AFFAIR OF HONOUR. (FROM A CORRESPONDENT.) The Editor of a Newspaper may be diverting by telling tales, but he should recollect he can only be useful by telling the Tavm. This re mark suggests itself to us on perusing an elabo rate Apology or Palinode, in the Tyne Mercury of Tuesday last (the 20th), respecting the Tirade which appeared in that Paper the week before, touching the affair between Mr. Lama- TON arid Mr. PEMBERTON. It was, indeed, a fiery effusion ; and we were certainly indebted to a worthy Correspondent of Newcastle-upon- Tyne for mollif y ing in a vefy essential degree the impression th at it otherwise must have made r espect to the insinua upon our Readers. With tions in the Palinode alluded to (which we give at length below), we can only say, they strike us as Cons tit ut i„ g very extraordinary data, under the actual circumstances. Most probably their correctness, or the contrary, will be made mani fest in the sequel : " MR. LAMBTON AND MR. pEmBERTON. " In a paragraph in our last paper allusion was made to a dispute which took place at a Meeting of the Commissioners of the Wear. We are extremely sorry t h at the paragra ph i n question was inserted in the Tyns Mercury, for we have since received such information as Proves to us and must prove to every person, that Mr. Lambt on ' s con d uc t in the , ail& adverted to was in every respect perfectly manly and honourable. The rumours on which the above-mentioned paragraph was founded, appear to h ave b een i n d us triously circulated before it was possible that a k now l e d ge o f the sub sequent transactions could transpi re . Wh en, h owe ver, the whole correspondence * to which th e affair has g i ve n rise shall have been perused by the public, they will feel con vinced, as we do at this moment, that, by the prop a gation of the rumours which on Monday week were un i versa lly dis seminated, Mr. Lambton's character was asperse d i n a man ner the most foul and unjustifiable—that he acted as became a man of his rank and reputation in refraining from de grading h - h in a contest with a person w h om h e h a d rea son to b hies unworthy of the name, and therefore unde serving of we satisfaction of a gentleman; and that Mr. Pemberton took an unwarrantable advantage of Mr. Lamb ton's proper regard for his own character, in order to avoid the meeting which Mr. L.'s friends, as soon as Mr. L. him self was aware that he could meet Mr. P. without personal dishonour, had the most ample powers to arrange with him.— From Mr. L.'s general character, after the perusal of the do cuments which we subjoin, we could have had no hesitation in declaring our opinion to be precisely what we have ex pressed ; but even a perfect stranger to Mr. Lambton, know ing the honourable character of the two gentlemen who acted in his behalf on the occasion, could not, under such circum stances, believe for a moment that they would have connected themselves with an affair dishonourable to themselves or their principal. Even Captain Burn himself, the second of Mr. Pemberton, has left that gentleman without the shadow of an apology; and by declaring that lie advised Mr. Pemberton to accept the offer conveyed to him by Mr. Lambton's second, has completely convinced the public that the excuse of Mr. P. was not a sound reason fur declining to appoint a meeting, bat a quibble, under the cloak of which he might avoid it.— Indeed, it is our sincere opinion, from the conduct of Mr. Pemberton after lie received the provocation in the commis sioners' room—from the length of time which was suffer ed to elapse betbre the slightest intimation of a challenge to Mr. Lambton—and from the idle publicity given to the preparations of Mr. Pemberton's party—from the actual pro cession that took place to Lambton-Hall—and, more than all the rest, from the pompous burlesque, the farcical bra_ vado, with which the challenge was announced by some of that party or their servants to the very domestics of Mr. Lamb ton, that Mr. Pemberton never intended to fight at all. It gives us the greatest possible gratification , to find that a gentl eman whose character has hitherto stood so high as that of it. Lambton, with all who regard the independence of their coun try, should thus appear with unsullied honour. We repeat it is with extreme regret that the paragraph respecting this affair appeared in our last, and we rejoice that we have the opportu nity of thus doing away with the spirit and tendency of the in sinuations which we shall ever be the last to propagate, and, we trust, the first to contradict, when we find that they origi nate in calumny and malice.—( Tyne Mercury. ) • See THE SUN of 17th instant. It is rather singular that whenever Mr. SIVE WRIGHT contracts for a Lottery, a Rise in the Funds uniformly takes place ; this has occurred so progressively of late, that already more than the Amount of Two whole Year's Dividends will be cleared over and above the value at which the Principal was fixed at the taking the Contract: this is a most decided advantage for those who adventure, but the Two First of the SEVEN e 20,000 Prizes are in Sterling Money, and these are to be attached to the First-drawn Prizes ; these, -therefore, are entitled to Priority in point of Interest, although it is probable, ere the Lottery is finished, there will be very little difference between the Value of Stock and the Value of Money. LAW INTELLIGENCE. COURT OF CHANCERY, JAN. 21. EX-PARTE GItIM2TEAI) IN THE MATTER. OF HOWARD AND GIBBS. Mr. HART resumed his argument in this case this morn ing. lie examined minutely the charge of the Chief-Justice of the Common Pleas on the trial which took place in that Court. He endeavoured to shew that the Chief-Justice had misled the Jury by the course of observations which he indulged in, and which the state of the evidence did not justify. He then came to the consideration of the pass-book, in which the transactions between the parties were entered, and which form ed an important part of the evidence produced at the trial, as also on the hearing of the petition before the Vice-Chancellor. —The entries in this book formed the ground for charging the transaction with the taint of usury. It appeared that in this book Mr. Grimstead got credit for various sums at different times under different denominations. That which gave rise to most suspicion was the word " produce," which the adversaries of Mr. Grimstead stated could never have been used in an account where the transaction referred to annuities. There were various ' sums set down as the produce of such and such sums for short intervals, in some cases for a few days. The Learned Gentle man proceeded to argue that these entries by no means destroy ed the supposition of the money being laid out in annuities, for he contended that the sums did not amount to more than the proportion of interest, which would arise from a legal and preper investment of the particular sums. The complaint was, therefOre, that the Judge was not sufficiently precise in his charge to the Jury. The Learned Counsel then submitted, that a question of this complicated nature was unfit to be de cided in the Courts of Law. In those Courts, neither the Judge nor the Jury could, in the nature of things, go through the difficult windings of a case of this nature with that patience and detail, that circumspection and diligence, which a Judge in a Court of Equity was in the habit of exercisin.e. The LORD CHANCELLOR said that he should repeat an observation whicl - he believed would hold good, if he were to remain there for 600 years, that where that Court directed an issue to the Courts below, it was bound to explain itself in the fullest manner, and to let the Judge at law into complete pos session of the precise point upon which he wanted information. He would say that the great proportion of issues directed from that Court wanted that important feature. The same observa tion applied to the generality of cases that also went from that Court to the Nisi Prius Court. He could remember one case, in which a Learned Counsel, since raised to the office of one of the Barons of the Exchequer, was employed, and which was sent from the Court of Chancery to the Court of Exchequer for decision, and be would venture to say that neither the Judge nor any one of the Learned Persons employed in that cause, had the slightest notion of the points upon which they were called upon to decide. Mr. HART said that this was one of those cases which fre quently came before the Court of Equity, and which presented all those difficulties and peculiarities which were not usually overcome by the obtuse heads of Juries, and which were to be successfully encountered only by capacities fitted for such exer cises by early enlightenment, and long intellectual practice. He then proceeded to examine the charge of the Judge to the other parts which related to the evidence. lie entirely differed from the views laid down by the Judge in his construction of the evidence bearing on the charge of usury. The explanation of the Judge upon the case were founded on a supposition that Mr. Grimstead was a man of business, and must be pre sumed to be acquainted with all the matters that form parts of a transaction of this nature, just as the Jury themselves were. This was not a just view of the case. It was put by him as a case of presumption, which supposed a variety of circum stances that were inconsistent with the probable state of the case. But to support a charge of usury, circumstantial evidence of so vague a nature as this would not do. The contract between the parties must be openly and directly made to appear. The LORD CnANCELLOR—It strikes me that the point whiCh should have been put to the Jury, and which I don't see was put by the Judge, was whether or not the frequency with whi c h the book pass e d f ro m one party to the other must be taken as a proof Grimstearl's having taken to the contract proposed by Gibbs. Mr. HonerE—This is the way we put our case. Mr. Heuer continued—After concluding his comm ents on the Judge's charge, he submitted that sending this case hack to a J ur y would answer no useful purpose, and that the case ought to he terminated here. Mr. HEALD followed on the same side. After the case had been so fully gone thro ug h by his Learned Friend he f e lt i t ne cessary to confine him se lf to that part of the case which came before the Vice-Chancellor. He need not now state what was the fate of the petition p re sented to his Honour. But th e f ac t was that the evidence which came before his Honou r on t h a t occasion was all on one side, so that when his Honour decided that the case should go to a Jury, he decided not only against the only evidence that was adduced in the case, but, in fact, without hearing the Counsel on the same side. The question then to which lie would addres3 himself on this occasion was, whether Grimstead ought to be at liberty to prove his debt ? For this purpose he would examine the evidence. If items were allowed to be selected, and taken separately, as they ap peared in the pass-book, they would, no doubt, favour the notion of an usurious contract. But he was satisfied that no one cou ld take the whole together, subject to such illustrations as the collateral evidence afforded, without being of opinion that no such contract ex i s t e d between the parties. For instance, items were pointed out in this pass-book where credit was given to Mr. Grimstead, for produce of certain sums for a short time; for in stance, for three days, for one month, &c. Then the G ent l e men on the other side said, .. This is e v id ence o f a contract o f usur y ; for if the contract were for annuities, how is it possible that the party could get credit for produce for a few days only ?" This was then the inference of those Gentlemen, and an inference that m ust b e rece i ve d, because th e case was not capable of sus taining any other. Now he entir e ly differed with this view. The Court was not warranted i n presum i ng u s ury here, be cause the items could be satisfactorily explained without allow ing any such conclusion. Was it not as reasonable to suppose that M r . G r i mstea d ma de a cont ract of this nature :—" I han d at least you w ill you over a s um , su ppose of 1,0001., to be laid out in annuities; pay me annuity interest for it, and 1 will agree never to recall the principal sum • 1 can confide in you : I do not care w h o the granter of die annuity may be; look to you as the person from whom I am to expect the interest of an annuity ?" Here then was a supposition, as reasonably ari s i ng from the examin at i on o f t h e case, as the other infe rence , and the Court was more b oun d to ad mit the inference which contemplated an i nnocen t course o f dealing, as th a t conclusion which led to a charge of usury. The whole of the items, and the explanations presented with respect to them, were in complete subservience to this view of the case. H e then read the evidence of Gibbs before the Commissioners, in which the bankrupt stated that lie made a great many false entries for the purpose of deceiving Mr. Grimstead. Was not this then to be taken as evidence that a contract had been entered into, and that that contract was as to annuities ; because, however Gibbs really laid out the money, his object was to support the appearance of the money being laid out in annuities, and that, therefore, such was the impression of Grimstead. He proceeded for a considerable length to examine the documentary evidence, and urged the conclusion on the Court, that no contract for usury appeared on the face of these proceedings. Mr. MONTAGUE followed on the same side. He enlarged upon several branches of the subject which were already touched upon by the preceding Counsel. The LOHDCHANCELLOR rose at six o'clock, and intimated that he would resume the hearing of this case to-morrow. VICE-CHANCELLOR'S COURT, JAN. 21. The Court was employed during the day in hearing Petitions of no general interest. COURT OF KING'S BENCH, JAN. 21. THE KING V. ARCHIBALD HOOK. This was an indictment against an officer in the army, of above 50 years of age, charging him with indecently exposing his person to Sarah Ann Wordsworth, a little girl, the daughter of a tradesman in Martlet-court, as he was riding with her in the Kentish-town stage, between Broad-street, St. Giles's, and Bow-street, on the 25th of September last. On the part of the defendant, witnesses were called who proved that he was labouring under a most painful infirmity of body, from the effects of which the mistake had probably arisen, and that he had always borne a high character for delicacy and propriety of demeanour. The LORD CHIEF JUSTICE said, he had no doubt that the whole charge originated in mistake ; but if the Jury doubted, ' he would read over the evidence. The Jury declared themselves quite satisfied, and imme diately returned a verdict of Not Guilty. GAMBLING. WILLANS, WHO SUES, &c. V. TAYLOR. This was an action of debt on the Statute 9 Ann, c, 14, s. 2, which enacts that any person who shall at any time or sitting, by playing at cards, dice, or other game or games whatsoever, or by betting on the sides or hands of such as do play at any of the games aforesaid, lose in the whole the sum or value of 101., and pay the same, the person so losing and paying shall be set at liberty within three months then next, to sue for and recover the money or goods lost by action of debt; and in case the loser shall not, within that time, really and bona fide sue for, and prosecute with effect for the same, it shall be lawful for any per son to sue for the same and treble the value thereof, against the winner ; one moiety for his own use, and the other for the use of the poor of the parish in which the money shall be won. The present action was against Mr. Taylor, as the proprietor of a t name ; Mr. T a yl or never t o ld me to ask any ere if he 05 ' gaming -house, Nos. 57 and 58, f a ll -ma ll , to recover the sum I married or single. The house was not kept Sir. open on Christmas" ; of 6771., and three times th e amount, w hi c h Willi am WillansA I d ay . M r. Winans sometimes came alo lost a t roug e et noir in the d e f en d ant ' s h ouse ; w hi c h he has , was there shat day. I never left the door where the hook w 3.4 not sued for, and which, theref ore , hi s b rot h er now sought to kept, from two in the afternoon till it was closed, so as n ot t° be able to answer the bell. Mr. Eadee was a frequenter of th e recover, with the threefold increase, to his own use and that of the poor. house, hut lie did not introduce Winans. The Jury proposed that the witness should write the si s Mr. PaTTesoie opened the pleadings. Mr. C. PHILLIPS stated the case on behalf of the plaintiff, first names in one of the pages, that they might compare then the brother of the young m a n w h o had been t h e v i ct i m of the with the book, and ascertart whether it was in his handwriting' seductions of the defendant's establishment, and who took Ile did so, and the paper 'was handed to the Jury. this course by the desire of his afflicted family. The Jury as k e d t h e w i tness who were dealers in 1322 ? /1 copies Mr. Pilkington, the attorney for the plaintiff, produced office said Ben goug h an d M azemore ; they were not now living with of the writs issued in the cause, to show that the action was commenced within a year. Mr. Taylor. He h a d b een at t h e b att l e o f Waterloo. Being cross-examine George Fish er sa id, I was a d ea l er at the house from the 17th d by the ATTORNEY-G ENERAL , the of December 1821, to the 31st of August, 1822. Major I3e o ger , introduced Wm. Willans. Ido not recollect seeing Wil' witness said—Mr. William Willans called on me about a week lane play for large sums. I remember being asked by Major before the action was brout;ht. He said he came by desire of Berger, who introduced Winans, in his presence, and I re' his family. I did not tell him his brother should bring the ac plied, "He did." I think Willans said he had been in th e tion, and he should be the witness. I know Mr. Brough, but have had no conversation with him respecting this cause. Mr. house prior to his introduction by Major Berger ; I then said , Joseph Willans has not w ith him that he frequented gaming- "I do not recollect your losing large sums ; ''' he replied that he had lo s t money prior to my engagement with Mr. Taylor, houses himself, or that his brother had been in m an y. Id o no t frequent gaming -houses. I never saw Mr. Taylor in the room during play in my life. Thomas Arlington produced an examined copy of the con- Cross -examined.—I never saw him in the room ;he might tinuance roll, and proved the service of the last writ. he in the house. I have seen him in the room. I am now iii Mr. William Winans was then called, and examined on the wine-trade. I formerly held a situation in Somerset' the voice dire by the ATTORNEY-GENERAL.—He said, I house ; I left it in consequence of losses at play. I was ruined , am not to have any money recovered in this cause : it is not to I knew Mr. Winans by no other appellation than M a jor be applied in payment of my debts. Berger's friend. Mr. Taylor paid me 4/. a week. lam nog inspector at another gaming-blase, 32, Pall-mall, as well as 10 the wine-trade. He was then examined by Mr. PHILLIPS, and stated as follows :—I am the brother of the plaintiff. I know the house John Mazsmore said, I became a dealer at this house in Pe' 1 1 57 and 58, Pall-mall. In March 1822, it was kept as a gam ing -house by the defendant. Rouge et noir was played there. ember, 1819, and continued till the latter part of April last , On the 20th of Ma rc h e I was th s ere ; I played ;a I took a I knew Wm. Winans as Major Berger's friend ; lie was intl . ' ). " memorandum of my loss at the time on this very pper (look- duced by Major Berger. He first came about Midsummer , ing at it); I lost 351. On the 22d, I lost 16/. ; on the 23d, 1 lect that the house was closed on Good Friday ; notice was 1822. 1 believe he was not there in March or April. I rtcol given, and I did not attend. Mr. Taylor's interest ceased in lost 971.; on the 24th, I lost 18/. ; on the 28th, 37/. ; on the 29th, 101. ; on the 3d ofA pril, 761.; on the 4th, 181.; on the sth of April, 1061.; on the 6th, 151.; on the 9th, 11/. ; on the 11th, 151. ; on the latter end of August, 1822 ; he had ceased to attend t he the 12th, 26/. ;on the 13th, 54/. ;on the 16th, 18/. ;on the 19th, play-room for hornonths be ore. I never saw W. Willans s ake Si. at a time play even gold. Ido not choose to say whet 181; on the 20th, 861. ; on the 3d of May, 061. At this time I did business in the stocks, though I was not a member of the lam now. Joseph Bengough, another dealer at the house, said I was Stock Exchange; I had previously been a wine-merchant. 1 ' once in the commissariat ; I entered it about November. 1817 , had often been in this house before March, 1822 ; I frequently Mr. Taylor left the concern in August, 1822. During the saw Mr. Taylor there; he inspected the tables ; disputes were whole previous year, Mr. Taylor never attended in the play' i r t e f t e o rr h e i d m t . o h l i n m r ; , an lB y 2 ] , en l tl h e a m d a a n c s o v n a v n e te r d sa i t n io o n ne w y i , th h i e li l m en ; t room. Willans went by the name of Major Berger's friend , he asked me several questions respecting his house in Pall-mall. February, he rarely played. I never saw a bank-note in his hand. I then saw him in a house at the comer of Bolton-street, Pie- Cross -examined.—I now live on the bounty of my friends.-- cadilly, where I went by d es i re o f my mother. I told him I Mr. Taylor has sent me a note wh en I asked for it. waited on him by her d es i re; h e sa id, " I have received letters Alr. James West said, I was principal manager of the house. from her, saying, you lost money in my house ; I do not recol- ___. I was present at the meeting in Bolton -street, between Mr. lect your person." I said, " I was surprised at that, as he Taylor and Mr. Willans. Mr. Winans said he had never must have seen me many times in his house." He asked me to seen Mr. Taylor till that day. He seemed to think he had a wait, and called in a dealer whom he had sent for, to see if he claim on Mr. Taylor for money lie said he had lost. I had could recognize me. The ' dealer was one whom I had often seen him before ; but never knew his name. He may bare do." Mr. Taylor asked "if he knew me ?" Ile said, " I played for 11. or Had be lost such sums as 1001. I must do." Mr. Taylor said, " Tltis gentleman says he has lost have known it. When any gentleman played for large sums. 1,400/. in my house ; do you know any thing of it ?" The we always inquired his name ; we never thought it worth while dealer replied, " I think he must be mistaken, as I have to inquire iii ,, name. seen him play only for small sums." Mr. Taylor asked Cross-examined.-31r. Taylor now lives in Arlington-street+ me if I was married ; I said I was. He said if he had known and keeps a highly respectable establishment. The house in that, he would not have let me into mho. h oe No one Bolton -street is a subscription club-house. had ever asked me if I was a married man. He went on to Ite-examined.—l never saw Mr. Taylor in the play-room ill say, '• What can Ido for you ?" I told him " I was placed in 1822. a very unpleasantthat I did no t comeconicsituation , Mrs. Mary Strong said, Wm. Willans and his wife came to account, but by desire of my mother." libelse said, " Well, lodge with her in October, 1821, and lived at her house three what is your mother's wish ?" I replied, " led"v she bad months. He was to pay rent monthly. When he left 71. was stated it in her letters:" he said, " Well, what is I re- due ;be gave her a bill, which he paid partly by coals, p a rtly " that he should return me the money I had lost, or plied, in money. About 21. 10s. was paid in halfpence. The clothes procure me some situation to maintain my family under Go " were left till the bill was paid. - vernment, or in some public office."—(A laugh.)—He said Mr. Thomas Woods proved that Willans borrowed several " 'Well, Sir, I will make inquiries, and let you know." half crowns of him at houses of play. He never saw any large then left him. I have seen him since but tot t s speak to him. sums in his possession. I never heard any man in the house asked whether lie was mar- Mr. John Abbott proved that W'illans borrowed small sums vied or a bachelor. I believe the dealer I saw was named once he borrowed 1/., and paid it by instalments. West. lam quite certain as to the sums I lost. The game Mr. PHILL IPS ' re pli e d. of rouge et noir is played by the players aga i nst t h e k eepers o f . The LORD CHIEF JUSTICE left the Jury to decide on the the house. Wines, spirits, and refreshments are provided gratis. could credibility of the only witness in support of the plaintiff, broken Cross-examined by the ATTORNEY -GENERAL—I in upon as it was by the witnesses for the defendant, and bY not rely on my memory for the dates and sums, but wrote them the testimony respecting the Good Friday, and by the appear down every evening after 1 came home. I swear these entries ance of the paper which he had sworn was written night by were made night by night ; not all at the same time. I set night, but which had all the appearance of being written a t down all that -1 lost, and all that I won. I first began to play one t i me . at this house in February. 1821 ; the paper begins one day The Jury retired at five o'clock, and soon after returned to beyond thc year, because I had not been for some time—about ask whether, if they found for die plaintiff; they could reduce nine months. A gentleman of the name of East introduced me the damages. to tnis house. I never saw Mr. Bercher till I saw him there. The Lotus CIIIEF JUSTICf you can give credit to I have been in 16, Bury.street ; I did not play there in March. this man, you may find for a part of the debt. I kept an account of my losses there. I played at No. 10, The Jury retired again, and at a little before six returned Kin street, in March, 1821. I was not in die house in 1322. into Court, and said, "We find that the witness has lost 1701." I was not shut out in consequence of any misconduct. I They accordingly found for the plaintiff 6801., parcel of the have played at 32, late 40, Pall-mall, in 1822, very sum demanded. often. I have also played at No. a, King-street, in 1521. I do not know who Si r. E ast, who i ntroduce d me was , b ut _ea__ I was introduced to him by Mr. Jackson, a surgeon in the navy. I used to speculate in the funds on my own account. I had no establishment. I left the business of wine-mer chant in May, 1821, after I had been in partnership with Mr. Fermenter about six months. I did not fail. Before that I underwrote a little in Lloyd's Coffee-house, for 31r. Nibbs. I was then a clerk to Robert King, Esq., an insurance-broker.— In 1822, when I was losing these large sums of money, I was not borrowing small sums from different people. I then lived in a lodging up one pair of stairs, in John-street, Clerkenwell; it is not paid for now; I have given an acceptance which I hope to pay. I swear I have no expectation of sharing in the pro ceeds of this action. At the meeting in Bolton-street I did nut say I never saw Mr. - Taylor before. I know a person named Peyton ; I have never borrowed any thing of him ; he owed me a considerable sum of money, which he paid me by small instalments. I never asked any one to point out Mr. Taylor to me. In March, 1822, 1 swear that I saw Mr. Taylor there. —I never heard the name of Goodrich. I introduced myself' to Mr. Pilkington to consult him, by my mother's desire. Ido not write or dictate my mother's letters. I introduced the plain tiff to the attorney; he is three years younger than I am ; he has been a few times to these houses. I have received small sums as 7s. 6d. at a time from Mr. Peyton ; but he owed them to me. Mr. Peyton sold a pipe of Madeira for 32/. for me to Mr. Oldfield, the gambler, in 1821. The meeting in Bolton street was by appointment : West was not there the whole time ; but after he came he stayed till I went away. In the interval, before March, 1822, I went to the: minor houses, hav ing little to lose. Re-examined.-31r. Peyton did not pay me the whole 32/. for the wine, and I was glad to get the balance as I could.— The partnership was dissolved because I lost my money. I paid Mrs. Strong. for my lodgings. I have often borrowed small sums to pay for a coach home: but never except at a gaming-table. I have often borrowed small sums at the gam ing -table, but there only. On the balance, I have lost be tween 1,3001. and 1,4001 at Mr. Taylor's house. My mother desired me to call on the attorney who conducted the former cases, and I went to Sir. Philip's office to know where he lived. COURT OF ADMIRALTY, JAN. 21. TAE ELIZABETH. Dr. ADAMS stated, that as this was an unbpposed motion, if would have been, in an ordinary case, a motion of course : but it seemed very necessary to state the circumstances of this matter. It was an appeal from the sentence of the Vice.. Admiralty Court at tile Cape of Good Hope, which appeal had not been p osecuted. In the month of August, 1821, the Elizabeth was hired under a charter-party entered into be tween Mr. Pedder, a merchant at the Cape, and owner of this vessel, and the mercantile house of Morse and Co., also reidd ent at the same place. The charter-party was for three months, and stipulated that the Elizabeth should, during that period, be employed in a variety of voyages to and from adjacent pars of the coast of Africa ; and by a particular covenant, Messrs. Morse and Co. agreed to insure the owner in the suns of 7,008 " against all such risks as underwriters run."-- This insurance covered the ship throughout the various risks she was to be exposed to pending the term of the charter-party, but did not elver the freight, which was valued at four hun dred rix-dollars more: Upon freight, however, no question whatever had arisen. Very near the close of the term mention ed, the Elizabeth was unfortunately wrecked; and a question arose in the Court below, upon the substituted value of 7,000 rix dollars in the engagement between the parties. In coin pl ance with a monition issued in Anril, 1822, under the seal of the Vice-Admiralty Court of the Cape of Good Hope, Morse and Co., by their proctor, appeared in Court; but under pro te t. The ground of tha protest was, " that courts of common law have cognizance, to the exclusion of Courts of Admiralty, of all contracts made on land." But to this it was answered, that the Vice-Admiralty Court, by the letters patent which had been granted to it from the Crown, was specially war ranted to take cognizance of all matters whatever relating to maritime affairs, bills of lading, warrants, charter-par ties, &c., and entitled to proceed in all cases occurring with in the limits of its jurisdiction between merchants and own ers of ships. The Judge of the Court below, after hearing the argument on both sides, overruled the protest, and as signed Morse to appear absolutely, and on the sth of Au gust, 1822, by his interlocutor decree, he directed the seven thousand rix dollars to be paid into Court. This was done, but the proctor for Morse protested ofa grievan'te and appeal.-- A protocol of appeal was accordingly put in and admit ted, wherein the proctor prayed leave of the Court at the Cape to appeal to the High Court of Admiralty in England ; so that here the appellant had his own choice as to jurisdic tion ; which (Dr. Adams added) his Lordship would not fail to. observe as a very material point. Then the proctor for the owner prayed that the sum of 7,000 rix dollars might be paid out of the registry, on sufficient bail being given to answer the other party's asserted appeal. The Learned Counsel (Dr. Adams) then stand, that this appeal had never rot been prose cuted by Messrs. Morse and Co., and his application to this Court was, that his Lordship would pronounce the appeal to be deserted. The offect of this would be, that the bail would be released, the money having been already brought into Court. The Co URI' pronounced the appeal to be deserted, as prayed. Mr. Pilkington being recalled, said, he received from Mr. Winans a written account of his losses. It began much earlier than the month of March. John M` Mahon and . Joseph Tyson, were called on their subpcenas. Mr. Tomlinson proved the house, 57, 58, Pall-mall, to be in St. James's parish. The AT TORVEY-GENERAL addressed the Jury for the de fendants. Ile asked them if they could believe that the wit ness, on whose testimony the case entirely rested, after being forced to recede from his partnership, and gambling in the Stock-Exchange, had the sums in his possession which he had sworn that he lost? Could they believe that he, without the least idea of bringing an action, night by night, wrote down the amount of his losses ? If they looked at the paper produc ed, they would be satisfied that it was all written at one time, and it was obviously written only for the purposes of the cause, for it began only one day beyond the year to which the action was by law restricted. 'true it was that the defendant had been connected with this gaming -house; but he had seceded from it, and, in fact, never was present during the whole time when Mr. Willans swore that he saw him presiding over it, though not then entirely separated from it. He would prove that, during March and April, 1822, the witness was not in the house ; that in those months Mr. Taylor was not in the play room ; and that he never lost, and never was in a condition to lose, the sums which he now swore that he bad lost. He was, indeed, in great poverty, borrowing small sums of money, and unable even to pay for his lodgings. Great prejudice un doubtedly existed against the keepers of gaming-houses—a just and honest prejudice ; but when he proved these facts, and that the day on which the witness professed to have lost his largest sum was Good Friday, on which there was no play, lie was as sured that they would give him their verdict. William Craggs said—l am a porter at the house 57 and 56, Pall-mall, and have been so since 1312. It was my duty as 'porter to keep account of all persons who came to the house.— I entered their names, first on slips of paper, and on the same evening in a book. I know Mr. 'Win. Winans. I did not know his name, but called him Mr. Berger's friend; lie was first introduced by Berger. The house was not open on Sun day or Good Friday for play. The witness referred to his book, and said the entry was on the sth of April, 1822, " Good Friday, April s—no play ;" and after looking at all the days spoken to by Mr. 'Winans, said he was not there on any of those days. Mr. Taylor quitted the house on the 31st of August, 1822, and for nearly a twelvemonth had left the personal management of the concern. Cross-examined by Mr. PHILLIPS.--I think the last day Mr. Willans was in the house was the 13th of August, 1822. He first came on the 10th May, 1822. I never asked him his WATERLOO.-The Government of the Nether lands are about to erect a magnificent monument on the plains of Waterloo, in commemoration of the great victory obtained there by the Allied Army, under the command of the Duke of WEL" LINGTON, in 1815. Messrs. CHAPEL and Co. have entered into contract for the due execution of the t,atue. The cost will be 129,000 guilders, between eleven and twelve thousand pound; sterling. The colossal lion of cast metal will weigh upwards 100,0001 b. MILL Fiatrrs.—On the 13th ult. a magnifi cent spectacle of bill! fights took place at Ma.- drid, at which the King and the rest of the Royal Family were present. Fifteen bulls were killed, and precisely the same number of horses were either wounded or slain.—The celebrated French Contractor, M. Ouviti.an, gave on the same day a truly LUCULLIAN fate. The repast alone is said to have cost 20,000 francs (800 guineas!) Amongst the guests were the Miuistets of Spain•