The Sun. — London, England, 1824-07-22 00:00:00

ilstiE LONDON JOURNALS. DAILY Extracts from the Morning Papers ) July [MO AN LNG POST.] Lon of the WEST INDIES altd qi'l l o? - 0 Millions if Revenue; of Employment' for many thousands of Seamen and Tons of Shipping ; of the Con sumption of our Mantffactures to the amount of lllillions; and of the Expenditure of many. Mil lions Sterling in England in private Fortunes [FROM A CORRESPONDENT.] That such will be the intelligence announced some day bobn, if the Revolutionary Gentlemen among us succeed in their present attempts upon our West India Colonies, the following extract froman American Paper proves beyond dispute:— " Philadelphia, June 23. " HAT eL—The proposition of the Ilaritur Oovernment, made through the agent at present in this country, is so liberal, anti at.the same time so advantageous to our free Blackn and oniselvea,that it is presuinable it will be taken into serious con sitletation. The rapid increase of free Neteroat is alreadycont plaitird of as an evil in several of our large cities, .and it is but re::*ceable to conclude, that any just and humane phut of lessen ing their numbers will be readily adopted. The offers of the ey ian Ooycrnmcnt are fair, and hold out considerable induce;. meats to adventurers:—Here, whatever privileges the Negroes enjoy, they will ever be a contemned and servile race ; but there they will be enabled to aconire property, and enjoy all the right' anti privileges of citizenship. Here they can never be looked upon as on an equality with the White population, and this Very idea of servility tends to debase and degrade them into the abject creatures we behold them; there, on the con trary, the Oovernment is administered by people. of their own colour, .ands the disqualifications on account of the tinge of their skin do not prevail. Philanthropists , may indulge in visionarytdeaaupon this subject, but we believe it will be many ages before our white population will consider colour as it matter of indifference ; and so long as it is made a barrier, so long will the blacks ben nuisance arm inconsid4able magnitude. The absolute necessity of devising some means for thinning their nuolbers became apparent some years since, and the Coloniz ation Society was the result. Africa was looked upon, and a suitable spot chosen for their settlement ; but recent advices induce the belief that this spot will have to be abandoned.— What plan then more feasible than sending them to St. Do mingoV there they will be secure of a friendly reception, have lands allotted them, their wants supplied for a time, and they !aid their children enjoy the blessings of freedom and the rights (linen. For our parts, we look upon it as a good oppertunity for disposing of our surplus population—a scheme advanta geous alike to the objects of its beneficence anti ourselves.— Dere they are becoming a pestilence, for which it behoves our political physicians to seek a remedy, and there is none so effi cacioue as expatriation." if free Blacks be such a nuisance in the United States, where they are a small minority, what would the Negroes be in the West India Islands (where the Whites are so small a minority), if those Negroes were free ? The Islands could not he held a day, especially amidst new free States arising around theM. The White Proprie tors would be ruined, extirpated, ns they were ut tit. Domingo, where freedom has diminished the black population. Without entering on the questions of slavery, or the rights of property, it is time the British people'should ask themselves the question—can we afford to lose the West In dies If the answer be in the negative, then for tunately the proceedings in, the United States prove beyond dispute that speedily we must lose them, if our Revolutionists, aided as they are by the Radicals, succeed in.. the efforts they are making. Fortunately for us, the experiment has been proved in the United States, and specula tion and debate are at an end. The question is, shall we' cast off the West [tidies, and give A tidal hlove to our manufacturing, commercial, anci naval greatness ? Caorrtsit ettEssl We extract the folloWing paragraph from the letter of our Paris Correspondent, receited this morning In my last letter I touched on the present moon( and condition of the army of France : that 'army is secretly strengthening Itself in every direction, and preparing to revive their military character, and to become again a a conquering , nation. Mr. Canning, I think, must foresee that an' eventful period is,approachieg; that it will require all his foresight to meet, and all his abilities to master. , Depend 'upon it, if Villele . :'cOntinetts in power, and the King lives, you will, ere long, have war. The foundations of tranquillity, security, and property, among nations, will :be again broken up. ' The Holy Alliance,' you will tell me, have bound them selves to - preserve the peace of Ettrope.' . .T answer, flute man must be the greatest block head -under the sky' that can, for a moment, trust to their Fidelity. Depend upon it a very slight pretext woold,affordthem an apology for putting their troops in .motion. The most mili tary poWers of Euritpe are combined in this umvirute : the accession of France to this league may be counted upou with certainty. The incen tives that exist, and that lead to this result, are greatly to be lamented, but they are not, on that account, the less to be guarded against. The . Holy Alliance, be, it remembered, is not an al liance between nations, but between Sovereigns, clubbing their military Means to put down, as oC. casion may require, every attempt to establish a free constitution either in other countries or in their own. ,It is with this system Of policy that France is in alliance; her Only efforts are bent to the propagation of arbitrary power. She haS no common tie of fellowship with Great Britain quite the reverse : the public voice in England is ta u ' strong; and the tone of its priticiples too high, to make tier fraternity at all desirable in the A 'lied. Cabinets. There is nothing in either that is a t ell-suited to the atmosphere of Paris, or the meridian of Moscow. France, in heart, is with the Concert ,of Princes; the whole stream of her politics flows into the Grand' Junction. make no allusion to her insulted pride and wn'inded honour, though on both these points she is sore enough—she has motives more power ful and 'more persuasive to decide her for war, and unless a great change, not at this moment to be looked.futi takes place,. events. will soon ma nifest that the 'military preparations which are silently care in on h ere , ar e trot without their "'Jett. There is much; more that offers itself fin. abs 4l . , atiou: nu this - head ; but I have said enough for the, prole at," MOHNtria 1 7,14 e Peruvian Luau seems to be sharing the same,fate as the Loan for the celebrated . Cacique M c Gregor ; our reittlers will see by our foreign (Jock list that it is at a very considerable dis count. We naturally commiserat e those 'who purchase the bits of paper called Peruvian scrip and at the smile tirne we hope that no uue has lone it to an extent which may be detrimental to his family. We remember .when the last Loan for Colombia was contracted, it was said that there were names down on the Contractors' list to nearly ten times the amount of the Loan to be contracted for. Now this Loan is also at a large discount ; but supposing the full list of subscribers had been taken, what would the discount have been ? It is not impossible but that it would have been 50 per cent. This thews bow different people are in their ideas when a thing advances in price or falls ; and it should teach those who have but moderate for tunes, and wives and children, to be cautious how they meddle with things which a breath can render valueless. Before , we conclude, we should be glad to be informed, whether from any of the South American States, a single ounce of gold, or silver, oreven copper, has been received for the purpose of paying any part of the interest of the Loans negociated for that part of the world ; or whether one farthing is expected to be received by the Loan Contracting House. [THE TIMES., A short article dated Mentz—whether genuine or not is another question—appears in the Mode, having for its subjects Prince Metternich, Count Munster, the Hanoverian army, Portugal, the British Government, and the Holy Alliance. The intent of the paragraph is sufficiently obvious, since the author concludes with a sneering con gratulation to the Holy Alliance on, the accession of the Cabinet of this country to their principles, and our consequent acknowledgment of the right of interference in the concerns of foreign coun tries, which we had condemned so loudly in the case of Spain. The arrival of Count Munster at Johannisberg, and the presumed expedition of a force from Hanover to support the King of Portugal against his disloyal subjects, are the grounds of this pretended homage to the candour, but covert attack upon the steadiness and consistency of our Ministers. Now, one single circumstance (a circumstance, how ever, scarcely to be anticipated) would have the effect of changing the whole character of the pro. ceeding. For if the question be merely between two parties of native Portuguese, whether the ancient Cortes, or the modern Cortes, or no Cortes, but an arbitrary Monarch shall rule over then►---whether the priesthood, or the populace, or the soldiers, or the worn-out nobility, shall dictate the proclamations of John VI., we have no shadow nor pretence of right to adjust the political thermometer to our own fancy : let it stand at " temperate," or rise to " boiling water," it is no affair of ours. But, on the oth' hand. ^f the hot klliance should ae o er hand, i .de ioly A 2e shot)_ pro ceed by open interference to torment the Portu guese at its pleasure—should France be' mad enough to march her troops to Lisbon ; in that case s rather than tolerate a French occupation of that only remaining spot of the 'Peninsula, Eng land would be justified in sending an Hanoverian, or, •if that were not enough, a British army, to punish the unwarrantable aggression : for in doing so, she would best redeem herself from the foul panegyric of the Etoik, and confirm the contrast of her principles with those of thelloly.Alliance. , [KEY/ • We have received the Etude of Ttiesday morn ing. The most remarkable paragraph it contains is one relating to the Hayden Envoys who are at this moment in Paris. It seems pretty broadly intimated that the French Government is sego. dating to recognise the independence of Hayti, provided that it can obtain fur itself some corre spondent advantages. The wisdom of such an arrangement could scarcely be doubted ; it would 'get rid of many troublesome qnestions on both sides, and would open,a path to future beneficial intercourse. The late President Petion, the predecessor of Boyer, was willing, as the price of a recognition so desirable in a political point of view, to have provided a' fund for indemnifying toxertain extent the colonists w h o h a d b een driVen from their estates during the Revolution.' it' this respect, as in many others, he evinced an 'equal regard for justice and humanity. We doubt whether the President Boyer will be disposed to go'su far in the path of conciliation. It is . rather re markable that- the Fre:it:h . :Eu/11e and English Courier, which agree on scarcely any other point, join in cbtaradicting most positively,the intention of sending Any Hanoverian troops to Portugal.— On this subject, however, y the German they are both opposed b Papers, which assert that Count Munster, after having visited Johannisberg to confer with Prince; Metternich, had proceeded to Hanover to superintend the arrangements .ne• ' ( !eisitrY fur Collecting the force in question. . . [MORNING cuitoNict.E.] The Catholics and • Protestants of this Em. pima are Continually reproaching each other W ith fanaticiim, and it ,is melancholy to think that the reproach in both cases is well-founded. ,The scenes that sometimes occur at the love feasts and other devotional meetingS in Eng land,, are calculated' to give pain to every re flecting mind. One instance must be fresh in the recollection of all our Readers—Hamely, that of the girl who was discovered by her mother in a state of nudity at a love4east, at which she had been present for some days, and on whom the agitation produced an insanity which led. her to deprive her infant brother of life. We have 'seen in Wales congregations under a state of ex ,citement, which no rational person could content plate without'alarm, and, we fear scenes of the same kind are but too common even among the more phlegmatic English. We Mention this in jus tice to the Irish Catholics, who participated in the late horrid proceedings at Wexford: Once let the reifis•of the itnaginatiou loose—free it from the coutrool of reason---and there is no answering for the consequences. Even Sir Isaac Newton was al tunes fanatical, and was so worked on by the Prophecies of the French Co rf liiSildS, that he rap about denouncing judg ments, till he was forcibly detained by his friend - Gregory. If the late Joanna Southcot, iwho possessed such itiffnence over her followers, libud c o mmanded the effusion of blood, we have iot the slightest doubt that she would have been obeyed 45 readily as the female Swiss Protestant was some time ago obeyed, when she commanded the horrible sacrifices to be performed, of which a detail has been laid before the public. The Ca tholics in Wexford haying already, the belief in the continuance of miracles (a belief which they share with not a few Protestants),had been heated by their priest, and were prepared for any extrava gance. There is another subject which may with both Protestants and Catholics be made the handle to much mischief, we mean Prophecies. Many well-informed people consider Pastorini's Prophecies by no means inoperative in Ireland at thb present moment; and we all know the alarm which was excited in this country.by the prophecies of Brothers, which were implicitly believed by crowds about the beginning of the French Revolution. Much of the fanaticism of the present day has been produced by the higher ranks, who were so frightened by the Frenchß.e -volution, that they discouraged every thing like the exercise of the reasoning powers on the part of the lower orders, and thought they could never be too irrational.—They were griev ously mistaken in all this, as they may yet have 'occasion to find. No man is so little to be de pended on as he who is commanded by his ima gination. It is the interest of people of property that the people should be rational and sober minded, for you may calculate on the course which a reasoning man will pursue, but you can :not calculate on enthusiasm. The Machiavelians, therefore, who speculate on the debasement of the people, are as wicked as they are unwise. LAWINTELLIGINCE. COVRT OF CHANCERY, JULY 21. TOM PAINE'S BONES I TAE NAVY, AND THE BAR. HALSTED AND COLTHORP. Mr. SHADWELL stated the circumstances of the case. Sir Laurence Halsted purchased from the plaintiff the land tax of an estate for 2901., and received the legal title-deeds. A dispute arose as to the right of paying the expences of the conveyance, amounting to 71.,each party contending that he ought not to pay it. The matter was brought into Chancery. His Honour, the Vice-Chancellor, decided that the plaintiff should pay the 71., and made a decree directing Sir L. heisted to pay the purchase money and the interest on it, accumulated since he had received possession of the purchased property. The gallant Admiral ap pealed to : his Lordship, who confirmed his Honour's decree, and ordered the Admiral to pay the purchase money and the interest. . The Admiral left the country in the interim, having been ordered in his Majesty's ship Iris to the West India sta. lion. The object of the present motion was, that a notice of the order served on the Admiral's legal agent, might be allowed by his hardship to stand as a valid service on the Admiral him .self, Mr. Shadwell's clients had made, though flushed with victory, the fairest and most moderate offers to the gallintAd miral. They proposed, in the spirit of conciliation, that he should either pay them the purchase money and subsequent interest without proceeding to further litigation, or surrender the purchased property back to them. He would do neither. The Lone CHANCELLOII.--They may as well have asked the Admiral to surrender a twenty-four gun ship to them with out firing a Shot. Mr. AGAR, for Admiral Halsted, contended that the proceed ing had not reached that point of consummation stated on the other side. His client had given notice of a motion to discharge his Lordship's confirmatory order on the ground of its irregu larity. That motion was not yet disposed of; the matter of litigation was still pending; he trusted therefore that his Lord ship would not make any conclusive order until that motion should have been d ec id e d. A s to the boasted spirit of concili ation, the adverse party showed no such thing ; in fact, they were actuated through all this cause by a spirit of decided hos tility, and that arising from no common circumstance, viz. the importation of Tom Paine's bones The admirers of that per son's politics appointed a public procession on the occasion ofhis arrival. Among the other processional ornaments, they r lilted banners and flags. Sir Laurance had won several from the enemy in the course of lila naval battles, .and hung them up in Alton church, which stood near his mansion. The ritinites took the liberty of pulling them down, nua carrying them among the other funeral decorations in the proccaalon. • In the Connie• of their recto Onoy ail vatleutk ay..% uo e Us 815 l_nu. rence's lodge,who having learned the uses to which the trophies of his,laird-earned victoxies were perverted, ordered them to be removed from the , procession, and restored to their sacred depository.' Some of the legal advisers of . the present pro ceeding's' were friends to the memory of Paine, and of course unfriendly to the Admiral for his conduct on the occasion of the procession ; from this' arose, the present hostility. Mr. Agar concluded a train of ingenious reasoning by expressing his hope that his' Lordship would dismiss the motion. The LORD CHANCELLOR said that the motion to discharge the order was not di s p ose d o f yet. The sum of money which was the bone of contention in this case was not very large, but probably it would appear larger in the eyes of an Admiral of the White, Red, or Blue, than an Admi ra l o f t h e Bla c k ( s ilk). His Lordship regretted the feeling of hostility in this case ; but Admirals would - sometimes lose their good humour towards the Bar, and sometimes with good reason. They did not ge nerally hold Very high opinions of the Bar. His Lordship re. merobered en Admiral, and one of high character too, who candidly told his Lordship' that he did not " think he could do greater service to the country than by hanging up 290 lawyers. When t) . lo4;ordship expr esse d hi s surprise at the op i n i on , an d asked the Gallant Admiral what were, in his estinietioe, the constituents of a lawyer, he said he considered every man who could read or write to be a lawyer. The quarrel on the present 'occasion was .about 71. His Lordship thought sonna time ago that he sltdithi hear no more of the business; but if people would quarrel . about 'nothing, his Lordship could 'not prevent it. Ile remenibered Lord Thurlow to have said in West minater Hall, that he would rather hear &dispute about a penny than about 500/. ; it would be more amusing, and less injurious. —Since the parties here wished to cume'into conflict, his Lord ship should help them to do it—but by a judgment which one of them would not like.—Motion refused. COURT OF' KING'S BENCH, JULY I. • CURIOUS CASE.—YOUNG v. WRITE. Mr. SCAR LETT stated that this action was brought to recover 4311. Ss. 3d. paid as purchase money, and auction duty, to the defendant, an auctioneer. A person named John Franks, late of Dorking, Surrey, left by will a freehold estate to his son. The son and Testator both died, and the Trustees put up the property to sale. The plaintiff being.deiirous of bidding, at. tended the auction at Dorking, and became a purchaser. lie paid the defendant 4311. It then appeared that a difficulty occurred in getting a conveyance. Two of the Trustees had died, and the third was a lunatic. Mr. Young consulted a conveyancer, and on looking at the will, they found the property by the bequest was for the benefit of children alive at the death of the Testator. Three were living, and it was stated that they might join in making a conveyance, but a new difficulty arose. A fourth child was born two days after the grandfather was hatried, and about a week after his death. This child was held Wl* alive at the death' of the testator, and according to a welt" known deCisien in the House of. Lords, as well as the Statute of William, in favour of posthumous children, was considered entitled to share the awe. Conveyance, and. flee plaintiff could get no title to the property . Under these circumstatices he sought to recover back his de posit. This infant could not execute a The bill of sale and defendant's receipt for the money were Put in and proved. The Solicitor to the Trustees under the will of Mr. John Franks, proved the o r d er for sale, the d eat h o f two of the trus tees, and lunasy of the third. The Commisaion of Lunacy taken out in Middlesex against the said trustee was also given in evidence. The will of John Franks was produced. Mr. 111 RYATT, in b e h a lf of the defendant, took several objections. He admi tte d t h at - the H ouse o f Lords had d ec id e d that a child born in due time after the death of the parent . would take under a will. The lOtit and llth of Nlitiliam also gave that right to posthutnous children, but be did net con sider the case before the Court one to which the above detision would apply. The will gave the property to such children as might be hying at the death of the testator, but the testator did not contemplate a child unborn. Had it been a clear case of a posthumous -child claiming an estate after the death of the father, it would have been Ldifferent question. The Learned Counsel also contended that the . Venue was wrong. It ought to have bein in Surrey where the sale took place, and the cause of action arose, Mr. SCAIILETT, upon, the licit point, said, ise relied on. the Cominiasion of ,Lunacy against• one of. the Trustees, having been taken out hi Middlesex: That matter he considerect itn )Artant in the cause of action, and sufficient to justify the venue bean ' laid in Middleaerc. The Lotto CHM" JUSTICE said, if all the children had been adults the Lord Chancellor would have directed a convey. once; but that not being the case, the consent of the last son could not be given. Ha Lordship was of opinion that the child was living at the death of the testator. As to 'the Commission of Lunacy, he considered it material evidence in Middlesex.— The trustee being a lunatic could not convey. His lunacy was a bar to the plaintiff's interest, and applicable to the action. The objections having been over-ruled, the Jury found a verdict for the plaintiff—Damages .1311. tis. 3d. REYNOLDS V.O'FLAIIERTY This was an. action to recover 60/. for the keep of an infant, the son of the' defendant. It appeared that Capt. O'Flaherty being in Devonshire, sent one of his children to his wife's mo ther, who had requested to have it. The lady was the propri etor of several houses, one of which she let to the plaintiff for 40/. per annum. The plaintiff was permitted to take the de fendant's child, her grandmother undertaking to pay the ex pence it might incur. It did not appear there was any contract between the Plain tifFand Defendant, and the Loup CVIEF Ju STitCE directed a non-suit.—The Sittings after Term at Westminster ended. LIFE INSURANCE POLICY. MAYNARDS v. ROHDE. Mr. SCAILLETT said this was an action brought to recover the amount of two policies of insurance, which the Plaintiff had 'effected on the life of Colonel Lyon, for two sums of 600/. and 7001. in May and July 1023; The policies were effected at the Pelican Insurance Office. The health of Colonel Lyon at the time was very good. It had been so for several years. Colonel Lyon was the father of Captain Lyon, well known to the pub lic as the intrepid companion of Captain Parry, in endeavour ing to discover a north-west passage. Captain Lyon was ex pected in the river on' his last return from libt arduous voyage, 'and his father was . very very anxious to see him, after such a long period of absence, that he went down to Gravesend. to Welcome his arrival. The joy of meeting his beloved son was too much for his feelings, , and he sunk under the shock which his nerves received in consequence. tinder these circum stances the plaintiff called on the Insurance Office to pay the amount effected on the policy. They refused, which was the cause of brihging this action. Mr. Beaumont, surgeon at Gravesend, attended Col. Lyon on the 20th of October last ; found him extremely ill with in termittent fever, which was common in the neighbourhood of Gravesend at that time of the year ; he was in very great dan ger; saw him every day till he died early. on the 2d of Novem ber. When he saw him first there was no chance of his reco very, he was so feeble; he attributed the weakness to the disease, and his death to repeated attacks of fever ; he found him on the 26th of October in the last stage of the disorder ; he signed the certi4cate of his death. Dr: Ropy, of Islington, knew Col. Lyon for some years since 1822; considered the state of his health good ; saw him eighteen months before his death in very good health ; went to Graves end with Capt. Cheyne to see Col. Lyon ; found him labour ing under great debility, caused by excessive irritability of the nerves—he expected the arrival of his son the same day in the river, and seemed very anxious to have an interview with him. ' Mr. Samuel Ropy, brother of last witness—Knew Colonel Lyon ' • considered his health to he good from May, 1821, till July, 1823 he called a number of times at his shop in Isling. Mr. Spencer remembered Col. Lyon coming to her husband's house the latter end of August to receive the money—he came on foot and appeared in good health. The ATTORNEY-GENERAL said he had a very short and very plain answer to this action, why the annuity should not be paid. There should be no concealment in the affair of the policy. No establishments were of more importance to the public than Life Insurance Offices, in whose success they were deeply interested. It was very , extraordinary, that some of the witnesses had not seen Colonel Lyon for a year.— But did the Jury suppose that Colonel Lyon had no ser vants, or members of his family, who might have been brought forward to speak to the state of his (the Colonel's) health? The plaintiff thought proper to call medical persons, but lie would call forward other medical Gentlemen who would tell a very different story. The death of Colonel Lyon was caused by disease, which was concealed at the time of effecting the policy. It would be proved that he had been affected with bad digestion, a great determination of blood to the head, and an affection of the liver. He had been subjected to a course of bleeding, leeches, draughts, and pills, at the time of effecting the policy. Now the language of the policy says, that if any misrepresentation is made at the time of effecting the Insurance, the policy becomes null and void. The inisre presentation was made in the present instance, and therefore the Insurance Company were justified in not paying the policies. Edward Weavers, a clerk, proved the policy, which was ef fected for seven years. A certificate from Mr. Spencer was produced, stating that Colonel Lyon was in as good health in June as in May, when the policy was effected. Mr. Charles Jordan surgeon, in Fitzroy-square, was a cur geon in the army—was called in to attend Colonel Lyon on the :17 80;2 1) 1 —ooadteternadieidalfrtiemaidooll of the liver, indi-, — o o n if ; e} a 'w i c a ba i rsu i l i aa a br e yo rilt n2 t g e 3 nt fever—He applied 18 leeches to re lieve him from the determination of blood to the head.'—attended hint twice a day for two months—on the 13th May, Col. Lyon had feta draughts—eight leeches were applied du the 9th of June. On the With twelve leeches were 'applied, and also on the 26th. On the 2d of August he had draughts--.several pre scriptions were ordered by Dr. Veitch. Dr. Teitch, formerly Surgeon' In the Navy.—Attended Col. Lyon in February and March—the nature of his disease was a violent inflammatory affection of the liver, attended with fever of a very dangerous tondenct; considerable determination of .blood to the 'head t the medicines which appeared on the pre serifitions were ordered by him ; he was very ill from February , to April ;. if be were applied to in the middle of May for a cer , tifi,-ate, be would not have given it. He could not say if the return .of the.disease might be expected In. August. Cross-examined by tar. Sea lii.ETT.—Does not know that it Is a general opinion, that the gout and an afFection,Of the liver are connected. That opinion is not entertained at present. Mr. Seanr.s.:T.T.—l only wished to know on my own ac count.—(Laughter.)—,A prescription of some rhubarb and calo mel was here produced, and Mr. Scarlett asked the number of grains of each which Col. Lyon could bear ? It depended on the particular state of his health at the time. lie was in the habit of giving five grains of calomel ; had given as many , as ten grains to a person ; :Col: Lyon carried a box of pills about with him. It would require gigentic bowels to take ten grains of calomel ? Yes, rather stronff.—(Laughter.) Mr. SCARLETT replied. Ile recollected a story of a patient who threw all the draughts he had received into a vessel, and when the medical man remarked that his medicines had done him good, and wished to .see . what they had taken off his `oioSnoe ofl itt.hzugliiit,o",cor::2.- stomach, the vessel of medicines was shown, and the medical a y n o d u r ( here A fo i re au f i t l o .) orc man exclaimed, " Good God, if that had beenon your stomach i e c t epl ni w etaid o ye u dt o l h d tehr as i itasv patient ,." tte e l le k t i killed ' ,, C en olo fo n r el ti L le y d on ef , e w nd e a re ni p s. el. ti th fica th t e es ev g id iv e e n n ce . b gt y The certificates stated that he was in good health. Mr. GURNEY-014 of the questions is, " Were you seri ously ill ?" . SCARLETT-Mhy to be sure, every illness ought to make a man serious - , The. Lou) Cum' JUSTIC.X- summed up the evidence. They might find one of the policies good, and the other bad they might find . .bcith , bad ; they might find both good. If there was any concealment or misrepresentation, the policy was void. The Jury at once found for the defendant. COURT- OF COMMON PLEAS, JULY 21. Delver the LORD CHIEF JUSTICE BEST and a Special Jury. NEWBERRY v. PETIT. Mr. PLATT opened the pleadings.—The plaintiff in this case was assignee to the estate of Mary and Henry Phillips, under a =mission of bankruptcy issued against than jointly; and the defendant was the assignee to the estate of Henry Phil. lips, under a commission of bankruptcy issued. again.st him iingly. This was a feigned issue from the Viee•Cbancellor's Court, to try whether at the time the joint commission was issued against Mary and Henry -Rbillips, there was a partner. ship between them, such as would suppo r t th a t joi nt comm i ss i on. Mr.Serjeant VAUOILAY told the JUry that they had heard the nature of this action from his Leached Friend Mr. Platte and all that, wiar left for him to do was to state the circumstances out of which it had arisen. Some years ago a person of the name of Phil. lips carried on the business of a furrier and hatter in Petticoat. lane. On his death his wife continued it ; but finding herself in. competent to-carry it on alone, took her son into partnership with her about, four year s ago . They then took a second shop in Devonshire.street, where they carried on the same business, and issued cards, announcing their partnership. Under this firm they obtained within the last three or feur months previously, to the Issuing out of, the_ commission of bankruptcy against them credit to the itnotint of /o,ooot. Rills of exchange Were drawn-upoWand accepted by them hi the name of Mary Phil. lips and 'Son. Invoices of goods furnished to aud,by.thein wer , made out in the sanie style ; and on the messenger nailer, the cemtiiisiion taking poisession of their property, all the indii•iti of a partnership between them were discovered. He should prove that this partnership had. continued down to the-üb:of Oct. 1823, when the act of bankruptcy was cointnitted on which the commission of the 16th 'of October was founded ; and that the petitioning Creditor?' debt was contracted in the April. pre.; ceding.. He did not know what defence it was intended to set up against' this 'case ; but he was' convinced that if he had made out in evidence what he hadi Mentioned to.them, they 'would:4W , by their verdict that he lied established. the ,mative side of the issue which they were- empanelled to de. Witnesses were called who fully substantiated this state- _ . ment. A great many bills of exchange, draw upon and ac cepted by Mary Phillips and Son, were put in; but it appeared, upon - cross-examination of some of the - witnesses, that Mrs. Phillips could neither read nor write, and that the acceptances were all written by 11. Phillips. It was prov e d that the name of Phillips' anti` was on both shops, and that a person who sold hats ern commission for Phillips and Son had received them from the mother. ,An admission of Mrs Phillips that she bad taken her son into partnership was proved ; and en affida vit of debt was produced, in which Henry Phillips had sworn to the same fact. Under these circumstances, Mr. Sergeant WILDE said that he was not prepared to an swer this case, and the 7nry, after they had been shortly charged •by the Lona Cu lEF JUSTICE, returned a verdict, finding the issue in the affirmative. CAMERON v. BAKER. Mr. Sergeant Vaiicatax stated that he felt extremely sorry to be obliged to open this case, but whatever the Consequences might be to the defendant, he owed them to his own obstinacy. —The plaintiff; Mr. A. Cameron, many years ago married a young lady,: the first cousin of the defendant. He was sorry to say, that the lady in question had, by improper intimacy with the defendant before her marriage, born an illegitimate child ; and to recover the money agreed to be paid by the defendant for the maintenance of the child the present action was brongla. ( This case has'aiready , been before the public ; we shall there. foreconfine ourselves to the evidence offered.) Smith exainined—Produced a common bail filed in the cause of Cameron and Wife Baker, in Easter Term 1840• C. B.:Field examined—l was attorney for the plaintiffs in the cause alluded to by the last witness ; it was settled. Mr. Martin was the defendant's attorney. Before the action WO. brought I applied to the defendant, statin t ,r , my reluctance to bring the action., He referred me ,to Mr. Martin as his atter. ney, and said that -any thing Mr. Martin should do, be aft fendant) would be satisfied with. In consequence, I entered into an agreement with Mr. Martin, of which this is a cociP Cross-examined—I was present at NVestminster when dm( first trial in this cause was had. I was not examined on tom: occasion, because his Lordship thought It was unnecessary. The agreement was then read; which specified that the sum of 2201. should be paid by the , defendant ; 501. of which to be vested for support of the child in question. Plaintiff's case closed. Mr. Serjeant YELL addressed the Jury for the defendant. Martin examined.--I am an attorney, and I knew 1 . 14 ' father of the defendant, and the defendant himself. Atter the. intended action referred to by the witness Field, had been brought, I had conver sa ti ons wit h t h e d e f en d ant. I cons id e red ' myself authorised to enter into the agreement read here the day. The defendant might have been aware of the _nature of that agreement before its execution. All I did, however, will through the father. The money paid on account of the Agit" ment was supplied by the defendant's father. Cross-examinect—The defendant inust have been in commu nication with his father during the negociation, and consequent ly knew what was going on. Re-examined—The defendant always grumbled when re ferring to the transaction. He authorized me to make the agreement in question. He did not object to the agreement, but to the terms of it, he having paid so much already. Mr. Serjeant VAUGHAN replied. The CHIEF JUSTICE charged the Jury, who returned verdict for the plaintiff—Damages 501. hat' (It was agreed at the s u gg e st i on o f t h e Chi e f Just ice, t the sum of 50/. abovementioned should be vested in Trusted for the benefit of the child.) BATTLE WITH AN ALLIGATOIt.—The liingsloft (Jamaica) Royal Gazette of May 1 29, contains the following es traortlinary narrative :—" Monsieur Francois, ti French fisher' man of this city, on Friday se'nnight, was employed in catch ing fish at Cow Bay. Being fatigued, he threw himself on the sand to rest ; shortly after a slight shower of rain fell, which. with the wind at the same time, covered him with the drifting • sand ; in this state he got up, and went into a neighbour fl pond of fresh water, and beginning to wash himself, was seized on by an alligator, which lacerated him dreadfully. 31onsion.' Francois grasped the animal by the head, and succeeded in diientangling himself from its hold; it then seized him by th e , leg which was much torn, but he effected his escape to th e bangt, where, laying himself down, he was followed by the alligatcr/' which again seizing the leg, attempted to draw this now safra• ing and bleeding man into the pool, but he was relieved from his perilous situation by persons who came to his assistance. • lie was brought to this city in his fishing canoe, and bashe , n . declared out of danger : he is hi a fair, way of resuming his 114' • bits of industry hi a short time." A dreadful occurrence took place in this tos o ' on Tuesday last. An over-driven cow ran into the yard of of Mr. Cutbush, carpenter, front whence an , elderly cno' named Ellis, attempted to drive her. The enraged animal is at him ; and he, in endeavouring to esca p e , f e ll into a saw•P it*, • There the cow fell upon him, and so dreadfully injured hit'' , that he shortly after expired. It was found necessary to sheet' the cow before the unfortunate man could be extricated.-- (Alafdslone Gazette.)- • The following discovery has been announced at Munich :—Lieutenant lIEBENSTREIT has in• vented a process by which he makes a species of caterpillar spin a kind of wadding, which is of a' 'fine white colour, und water proof. lie made a balloon of this stuff, and raised it by means of a chafing-dish with spirits of wine, in the larger warehouse where he• keeps his caterpillars : E ; work. He makes them trace ciphers and figuro in the 's adding. He accomplishes this by moist.'. enitia• outlines of figurei or letters with spirits of, of wine. The caterpillars avoid these tracifig 9l ; find was msfip tegaurudfffree. s e,c p biw i lA t yy i t ii t acpi l l:it e loie i ricu r ieueis w so e abofe b n ed a cin,a r , aa o (tides u rrad n pvibi d in. , n is n l beetalt T s rep r esentedwfheeteauenirsteattsl the i: eu n and : the 26th of June. NETEOROLOGICA L JOURNAL. BY R. BANKS. PIiTtnNOPHICAL IN 4 TRUMRNT M&KRR. Thermo meter. Iceathcr• ' C 3 ' J = , to ii .., s '2l 7 Y' : ? a 2 ›. , r 7,,. v, a w 3 ' 3. . , . '4. r. .l . r" g ,-- ° . !riches t o' .114 9 68 76 59 39.05 Fair . Rat lo 68 173 57 50.00 F a ir .06 D. Do. 11 67 74 CO .15 pu. D..P. It 65 77 58 f .15 Do. Do• 13 63 79 65 .15 o. Itlo t 14 73 79 81 .05 .40 D Do. F a ir 15 65 74 61 49.1111 DO. DO. la 64 74 60 30.16 .01 I Rain e 1 -3 / lar At of Rain hay I{. 13 ' 1 the above eight days. in the above eight days. •1 t The most vivid In slis.l igi.tnin Ngta t with h leery Thunder• COAL MARKET, Jim!' 91. Ships at Market. Ships . sold 394 Newcastle - " 11 Sunderland - price• 2,9 s tid to 51 1 . 30s 6d to Ps At Beddin g t on . i n Sur BIRTH. rey, on the 20th, the Non. 1.44 Y Ilelen Wedd erburn, of son. MARRIED. . churcl i ' On Wednesday, the 21st inst. •at St. alargret:' amok M'estrninster, illiam Retries, 'Esq., of, Fit?-oarr' s eae' perks, to Caroline Anne, only daughter of Simon Step h en of Great Queen-street, Westminster. fir' On Tuesday, the 20th inst., at St. John's, lincknei Thomas :Vinkworth, of Cheops:de, to Miis Sarah Reel , of Newmarket. On Tuesday, at St. Morylehone church. Sir Thomas Ortr.H, ~.er Bart., to blary Martin, only daughter of Major.GenFr' Bebow, of il'irenhoe Park, in the county of Essex. di rlitu- ; ' c• On Monday, July 19, in th e 7ill year of her age, ~ ~ c. liarriet, youngest daughter of the /lon- Colonel 4-mlig f. Upton House, Alresford. - ' l s' . On the 1d inst., at MS seat, Ile*? COperittagerl. AbrAlnidepl, koe, Esq., of theisland of -St. Croia, in his 69th year, lamented by his family and•friends. s culial On the.2lst irst., aged 50, Elirsheth, wife of John ' ;slorle, Esq., of B arossa - p l ace, I s li ngto n . . _ . . Printed and Published for the PROPAIETOIIi, Itt the ' Ornez, 112, Strand, by J. 8. CAnsT Alas.