The Sun. — London, England, 1824-11-17 00:00:00

. ~~! ~~,~.•" L :lexott t..",,,,rW:. ~„„... , 1 , .:- '1 -,, ‘. it , - - ~., 'a 07;411:11o11141 1. for fly to "" .-. , , ~ " # i . •'' _Nirmi3En 10,041. _ - PaPrPORD VICTUALLING-YARD, Nov. Is, ism THESE art to give Notice, That on Thursday, the 2d of December nest, at Yen o'clock in the Morn "'lS'. *ill be put up to PUBLIC SALE, at Iris Majesty's Pie/waning Yard, Deptford, sustdry Lots of eke following Oid Unstraiceable Stores, now lying in the said Yard,via.:— lirect Empty Tea Chests Staves. iirecl Dim & Candle Boxes Leager pi or sweepings B B e n e t f ter & Cheese !list Peso Puncheon Pork Hogshead poste ac• orceningi Suet Barrel Ommeal Raisins Half-Hogshead 110101044 Sweep,. Ri ve'tag, • Kilderkin Pe41.15 Sugar Small Cask n -a r.inkSago Cocoa And Tierce . and Barrel hQssndßs Anniseed o&Co ag coa Bags Vinegar • &c. &c. &c. prese rv ed Meats Boards Ends 41 Deposit of 251. per cext in Cash or Notes of the Banh 11 'Ragland, is to be made upon the a»tount of each Lot 11 14. time of Sale, and the remainder of the purchase '"wiey to 6e paid before the Stores are removed, for which " a period of fourteen working days will be allowed the day of Sale; the Buyers particularly observing Iscg less than one half of the quantity is to be l 'hro away on the first seven days, and the remainder in ( 14 t es'en followi ng d ays, ot h erwise t h e D epos i t M oney w ill b e ,"fited, and the Stores remain the property of the Crown, extensio n of time will, on ant/ account, be granted. rinte Stores may b e v i ewe d d ur i ng t h e wor ki ng h ou r s o f the *lit on the three days immediately preceding the day of 44 / 4 1. C ol4l ozurs may be had on application at the said Yard. '"%aor JOHN HILL, Comptroller. ROYAL HOSPITAL CHELSEA, N0v. 15, 184 x. THE Right Hon. the LORDS COMMIS , SIONERS for the AFFAIRS o f CHELSEA HOSPI 'JAL, du hereby give Notice; that they are ready to receive renders and to treat`With such Persons as may be willing to e9ni taet for VI CTUALLING the P ENSIONERS o f t h e sa id l i()S PITAL during the year 1825, fur the following Articles Provision, Sm. vlcs— n"r and M utton, Bread, Cheese, B utter, S a l t, an d o 4 4440 , at per head; per diem, fur the whole Ration, to the established Allowances of the' House, as IPecifled in a printed Form of Tender. /tor Beer, at -- per Barrel, and for Candles, at per Ciato 4 Print e d F orms of Tenders for; the several Articles required, a : ti ti lur iller Partic u l ars , may b e o b ta i ne d u po n a ppli ca ti on l,itaj " Office of the S ecretary , or to t h e St ewar d o f th e H os - Any (lay b etween the Hours of Ten and Four o ' Clock, "' "11,1c1) printed Tend ers must he 'filled up, and delivered at the d Othee, on or before the 22d Instant, as Done other will qtly rtecc.unt lie received. the The Commissioners a l so g i ve N ot i ce, t h at t h ey i ntend, at time, to Contract for CLOTHING the INVALI!) AritEßS,'ke. belonging to the Hospital for TwO Yeas*, via. Whole Mounting for 1845, Halt trountini for teed. tLThose Persons,; therefore., who may be inclined to treat for " 411) e, are desired to apply at the Secretaty's O ffi ce any , k -tni nK between the llous4 of Ten and Four, where fur. 't Particolars may be known, and Patterns seen, by apply il:g.t" the Adjutant of 'the Hospital; and they are to deliver e 'r Tenders at the said Office, sealed up, on or before the 7 above mentioned. h ii lt it furth er to b e o b serve d, th a t th e C on tra c t ors w ill h e 14 e 1 ,d to find SecUrity for the due performance . of their lizirl4 Contracts, and that no Tenders will b . e received after s 1 above-mentioned, nor will any be noticed, unless the " an Agent, attend on his Or their behalf. FORGET ME NOT, A CHRISTMAS PRESENT for 18t5, t.l,l2iii s t.published R2ACKERMANN, lot, St rand. r _ I Illglity=fin is hed Embellishments , ' Twelve kg . I n umber, are by Weston, Uwins, Corhould, Heath, ,Itoaj 7,2 the Literary Gape, taunt embraces Contributions "44 ny celehrate.d Writers, as Montgomery, Barton, 114.41Neele, BoWring, Cohbotd,' the Author of 4. Dubin &c..kc.—.An early application is recommended im.,!bade for this popular work, to prevent the disappoint. 117 17s 4 Pl I erienced last year by many, on account of the,ez tloi of a very large impression several days before 4 f e rrre are a b out Fifty Articles, several of great , some +qi no ; ' , l, merit. It it a fit and elegant Present, bor l ,; „ ', l , delight th e R ece i ver , w hil e it dues credit to the liEm,(Literary Gazette.) h N U IitS of PAINTING, by W. BUCHANAN ! Esq. "let.i;.'''', l g a Chronological History of the Importation of D t tri k i" hr the Great Masters into Great Britain since the 141's of the French Revolution; with Critical Remarks 41 t h . °ll * and - Sketches 'of Character of the leading Masters 1,41:1.1.4.duus Scho o l s o f Painti a g. e _ vols. Sen. ct .„ Wird 11 by ..Ackerinarin, iOl, Strand, and to be had "" b ooksellers i n T own ' and 'Count ry. It 6 G PROV ED FLANNEL. Nuei,NtanufaSeturSed f i rcinihisPatent Yam . of WoOl only . , con- 1 rptApreserve a decided preference over every other . species I "Ysiihi',,ANEL, for its peculiar softness and not shrinking in '44 for As a proof of which, the very extensive demand he 11 (4 , 4 me article, both for exportation and home consumption, 1 04 enithlrAile testimony. Its . peculiar softness affords warmth ad "hurt to the tenderest habits, when other Flannels are Ili until -44e "sa nt- A saving of at least one sixth in the quan -stY on account of not shrinking in Washing:, is a 1%4, recommendation in point of economy. For Waist illeade4444 Ladies Under -coats, it is particularly recom ,'4, Ni f IL. has likewise succee d e d • in MANUFACTURING 1 1 / I „ith v 1) HOSE, f r o m hi s P atent Y arn o f W oo l on ly, V., n o - I ,, w , i offbrs on the _ptincitile of - DURABILITY IN SOFTNLSS, and NOT SHRINK -iett W ASHING ; the combine the quality of the very tsal Shetland (at a m Y nal lower rate) with that . of rye et d urability, it their price. tstic..hin Iho toprietor has prepared an extensive Stock for the app 'lie gtnellti, r 4 ik itson, which he can assure his Friends and the is of very superior quality, having had so 1 A 4 3104 for finishing.. hl i ke% „,, 4 A n ';e l and Hose may be obtained from the principal "n 4 the I ' a in Great Britain and Ireland ; and Whole. atentee, John S. Rogers, Chester. , „pc, ' O rIiERGILL'S FEMALE PILLS. PILLS have been in Public estimn ai,'-rvi for a verY considerable time, and are found .parti , tlire% eeible in removing ObstrOctions and other Diseases, t, 4 Y re4 r M ales. more especially the-younger pan, are liable; . .. 'tt eeti,,,f r elttiY to strengthen the Org ans of the Stomach, ste. Digestion, remove NeivOus Giddiness, Head-ache, s ui ' a ttl as a Fainily Medicine will be found generally 1, 84 ,,,h1 I {,,itil,(elt tit IA; ltd. - and 2s. 9d., by Butler, CheMlst, sofa, 20, Regent-street, (near. the Argyie 1 ,4 1 ,V01 it ,i n ntt; and by y - the principal Medicine Venders firWILR " T i e, ;-'nited iiimrdom. Of . -whim may. be had Dr. .igtl-4,'S NERVOUS DROPS, so much celebrated trr ts z„PqAfr ect e Y in NerVeus Disorders anti their varioui . dis- Velectite . 1 , c ,1 18 . as Oppression , of Spirits,. Ilead-aehtla,-Loss . an I,,uigestion 8 ' Treniors' Fainting Fits, and i or It o . Pawing, ar id 228. axation of the System. In potties, at 4s. 6d., C. o i 465°4 la • r r pxgr ri- i it4t: ot QIP' joie • cie *on VA" 144. SoW o o' v 1 4,, o .° vi SUS. U. WEDNESDAY EVENING, NOVEMBER 17, 1824. VERY FAST TRAVELLING, ToBIRMINOHAN and LIVERPOOL, DAY and NIGHT, by FOUR INSIDE .COACHES, which KEEP GOOD TIME, from the SARACEN'S HEAD INN, SK INN eat-sra EET, SNOW-HILL, LONDON. PRE following LIGHT POST-COACHES, "and MAILS, &c. set out from the above Inn:— BIRMINGHAM " Tally Ho!" fast Day Coach, in thir teen hours, Morning at u quarter before Seven, through Red burn, .Market Street, Dunstable, Brickhill, Fenny Stratford, Stoney Stratford, Towcester, tVeedon, Daventry, Dunchurch, Coventry, and Stone Bridge, to the Castle Hotel and St. tioorge's Tavern, High-street, Birmingham, to Shilinall, Wellington, Bridgenorth, Shelton, Shrewsbury, Oswestry, Nantwich, Tarporley, Bangor, Chester, and Holyhead.-- Driven through with two Coachmen only. In consequence. of the decided preference given to the Tally Ho Coach, the Proprietors are determined no expellee shall be spared to render it the first conveyance on the Birmingham Road. BIRMINGHAM "Royal Express," New light fast Night Coach, in 15 hours only, sets out every afternoon, carry ing Four Inside only; passes through Warwick, Leaming ton, Sontlunn, Weedon, Daventry, Stoney Stratford, a nd Towcester, to the Saracen's [lead, Bull-street, Birming ham, early the next Morning. BROMPTON, Chatham, Rochester, Gravesend, Stroud, Sittingbourne, Itainhan►, and °springy, every Morning. BARNSTAPLE, Southmolton, Crediton, Tiierton, North- lawton, (Oakhatniton Torrington, Chuiuteigh, 11(i:scowl), and Biddeford, New light fast Coach, every Morning, at 7. BATH and BRISTOL Cheap Post-Coaches, through Chip- Penliam;Calne, Marlborough, Hungerfurd, Newbury, and Reading, every Afternoon at une ; arrive at the Greyhound Inn, Bath, the London Tavern, Thontas-street, and Swats, Bristvil, early the next Morning. At reduced Farts. BOSTON •New Royal Patent Mail to Louth, through Royston, Cambridge, Huntingdon, Stilton, Peterborough, Deeping, Spalding, Spilsby, Alford, and Grimsby, Evening, at Half past 7, Sunday, at a Quarter before 7. . CAMBRIDGE New Rtiyal Patent Mail, through Ware, Buntingford, Buckland, and Royston, Evening, at Half past 7, Sunday, at a Quarter before 7. CARLISLE " Eepress,". to Peurith, and Whitehaven, a New Light Four-inside Post Coach, with a (iuind all the way, passes through Appleby. Brough, Bowes, Greta bridge Richmond, Catteriek, Borouglibridge, Farryb ridge, G rant h am . Stamford, Gree. Dontaste . r ' Newark, liawti y, thaw, Stilton, Iliggleswnde, and Baldock. Sets out in the Morning, and.perforitis the journey with the greatest faci lity ; at reduced Fares. Passengers detained on the Road by business or pleasure, have the peculiar advantage of their Seats being secured in the next Coach.—The only direct Coach toCarlisle. - CHESTER Light Coaches to Newport, Whitechurch, Tar purley, Namptwich, Non liwich, and Middlewich, every worts. mug and afternoon. ' • COVENTRY " Tully Hu," light fast Day Coach, every morning at a quarter before 7, I broneh.ltedhurn, Dunstable, Stoney Stratford, Towcester, IVeedon, Daveutry, and Dun church, DORCHESTERNew light Day Coaches, in fourteen hours only, through liagsbut, Black water, Basingstoke, Overton, Whitchurch, Andover, Salisbury, Woutl)ents, Cashmore, and Blanclford, at a quarter pest 3 and 7 in the morning.: EXETER "Sovereign," New light fast Coach every m"r"- ing at 7 o'Cluck, through Hottiton, Axminster, Cltarmoutli, Rridpurt, Dorchester, Blandford,.Woodvatcs Inn, Salisbury, Stockbridge, Sutton, Basingstoke, Bled:water, and Bagshot. GLASGOW, Longtuwn, Gretna-green, Annan, Dumfries, Brownlii 11, Thornhill, Sanquliar-Kiln, Canistock, Kingswell, and all Parts of Scotland, a light Four inside Post Coach daily. H A ItItOWOATE and Ripon new Light i'nst Poaches, every Afternoon at Two, and a quarter before Eight its the Morning. 11F.RTFORD Coach, through Waltham Cross, Cheshunt„ Hu:idesdim, and n'are. HOLYHEAD New light fast Day each, through Bi idge• north * Wake!, Shrewsbury, and Salop, eves y murning• HOLY HEAD New light fast Night Coach, through Bridge.. north, Walsall, Shrewsbury, and Salop, every afternoon. HULL " Express," a New Light Post Coach, to lanculn, Northeave, Bowden, and Doncaster, every Morning. to %he Crises Keys, Market-place, Hull and also the " Rocking. bans" in the Afternoon at Two. KENDAL Light fast Post Coaches to Lancaster, Preston, Kirby-Lonsdale, Bolton, Ctiorley, Ottuskiris, and Garstang, every morning and afternoon.. . KIDDERMINS tittiorhridge, oud Dudtry, through Birmingham, and Wrst Bromwich, light Coaches every morn- ing and afternoon. • • - • • • LEEDS "-Rockingham," pot Fast Coach, sets ant every Afternoon at Two; and passes through Baldock, gleswade, Eaton, , Buclider4 Stilton, Wansford, Stamford, Gre.etham, tiranthant,. Newark, , Tuxford, Markham /dour, Retfutd, Ilawtry, Doncaster, and Ferrybridge, arrives at the Golden Lion Inn; LeellS, -next Afternoon at Three, in time or the Bradford, Halifax, S‘ipton, and Huddersfield Coaches. Driven through with Four Coachmen only.—buggage and Packages Only 3(1 per lb.—Notwithstanding the undommon Expedition ut this Coach It i all Owed to he the most move able and complete P ub lic Conveyance un the North Ru d d, being unequalled by any other. LIVERPOOL and Staffordibire Potteries New light fast Day Coach, .everytuorqinkat a quarter before 7,; L),VEIWOOL " Umpire," • Nrw light fast roll)* Inside Coach, in 27 hours only, (but one Night on the Road), sets :out Daily at Ono; and arrives at Liverpool next afternoon, ;I'lo lll o Woburis, Lathlmry, Nortliampton, ‘Velford, Lot. torworth, Hinehley,Atherstone, Liteittield,Stune, Newcastle, Knotstnrd„Warritsgtun, and Meseta. Nuw :li g ht F our I ns id e LIVERPOOL " ICoyal Express,". .Post Coach, ill 27 hours only,' through ‘V,urrington, I'res. cot, Congletun, • Lawton; Newcastle, Itogrly, Stone, Stafford, and Litcidleld, (only •One Night on the Road), every Afternoon ; arrives :at the Saracen's Heat Inn, Dale.street, Liverpool, next Afternoon. The tages to Travellers who honour thii Coach with their pre, fierence are far superior to any other on this Road, especially eu. Commercial Interests,, a, it.perforeis the junruey.in less time than any other Cotteli ; and, notwithstanding its cheap ness and expedition, the PrOprietors pledge themselves that for-Safety and acconitumhstiori it is equalled by few, and shall besurpassetihy nine. . ~IA lg a ndi to theAltrirhigiosety Antis and Swan Inn: Coach, C er E y S o r ; o ham Nere.light very fast Day • kiANcHMT.EIt to:Winslow, Congleton, Newcastle, Wok N E r i n t i call,. Wolverhamptins, and Knutsford, light Four Inside Coaches. MA'RLBOROU'GH and Swindon, fotirinside Day Coach, through Maidenhead, Reading, Newhory,Hongerford,itaius. bury, and Aldboorn. Driven through with One. Coachman only. The nearest conveyance to Ltunbourn, Parton, Woot ton Bassrt,'and Pewsey. NEWCASTLE UPoN,TYNE and UNDER LINE Conches every morning mid afternoon. Only One Night on the road. PLYMOUTLI " Sovereign," New light fast Coach, to Fat. mouth, Truro, Dotnin, Penryn, Ashburton, Totness, and Newton Abbott, every morning at 7 ' ItAMSGATE " Royal Telegraph," New superior fast safe Coach, to Margate; Dover, Deal, ltroadstairs, Canterbury, Faversham, and Satidwick—every. Morning at half -east 7. In . cunseqstence.of the decided preference.givea to the. legraph safe Coach; the Proprietors are determined 'ins expense shall be spared to reinlet it the first conveyance on the Kent. Road. . = • • • SHEFFIELD " Express," and also " The Rockingham," through Rotherham, New Four inside POst Coaches, every Morning and afternoon. SHREWSBURY, Wellington, and Shitfnal,, Light Post. Coaches, every morning and afterooon.—Guarded. SOUTHAMPTON " to Lymingtoti, Lyndhurst, tVinchester, Basingstoke, Hartford Bridge, Black water, and Bagslrt, New Four Inside .Coach, every morisiog, and, or rives at the Coach and Horses and Vine Inn, Sonthamp- . ton, by Five. This is a..mOst delightfirl Conieyance to the Isle of Wight, Jersey, Guernsey, St. Malues,• Havre de Grace, Cherbourgh, &c..—The ,Proplietors of the :above Coach hope to receive J 1 continuance of that support whiCh has hitherto been experienced since the coMmencenietst of the " Unioti.". STAFFORDSHIRE POTTERIES, a new. light very fast Couch, every afternoon, to Litnend,Steite, Shelton, Burslem, Tunstall, Lawton Hanly end Holmes Chapel. This is the • Only Coach direct to, the Potteries, . STAMFORD light Post Coaches every tnoeniog and, after.. . Acton, through Baldock, Biggleswade, St. Newts, Buckden, Alcoisbury, Stilton, and Wandsfurd. SUNDERLAND, Stockton, and Yana Light Post Coach every Miersiing, to-the George lon , Sunderland, at reduced Fares. TOTTENHAM and Edmonton Coaches daily, at Eleven, Half-past Two, Five, and Eight o'clock. WAKEFIELD Four inside Post-Coaches, every Morning and Afternoon, at reduced Fares. WARWICK and Leamington Day mad Night Coaches, through Daventry, Wccdou, Towcestcr, and Stoney Stratford. WELLS, Bridgewater, Taunton, Falmouth, and Ply month Coaches, and t o a ll P arts of the IVest of E ng l an d . WEYMOUTH " Maguet" C oac h, I hrotigh Bagshut, Black water, Basingstuke, Overton, Whitchurch, Andover, Wood yeah,. Cashmore, Salisbury, Blandforti, and Dorchester, at a (Quarter past Five o'Clock in the Mottling. Driven through with Two Coachmen only. WEYMOUTH PACKETS to Guernsey, Jersey, Cher bourg, St. 'Maine's, Sic. every Wednesday and Saturday af. ternoon, at Two, front Weymouth. WOLVERHAMPTON onlr Day Coach to Dudley, West Bromwich, and Merid e n, th roug h C oventry— M orn i ng, at a quarter before 7, and every afernoon. YORK " Express," to Scarbtrough, Whitby, Shields, Sun derland, Newcastle, and Edit.t.argh, a New light Foot inside Po.t Coach, with a Guard throughout ; sets out every Morning by way of Newark, Retford, Doncaster, Fer rybridge, Tadcaitter, Darlington, Northallerton, Durham, Nioi petit, and Berwick, and arrives at York next Morn. ing, at reduced.Fv-es. Driven thrnigli with Four Coach. men only. Passenters finding themselves fatigued on the journey, may rest what time they please, and then proceed without any additional Fare. At Reduced Fares to Ratusgate, Margate, and Canter. bury. _ _ S. A. MOUNTAIN and Co. respectfully acquaint their FriendS and the Public, that they will nit he accountable for any Parcels, Passenger's I.'l2:gag:, WI itings, Plate, dee. of mots than Five Pounds Valise, if lost, stolen, or damaged, unless entered as such, an d the Insurance paid accord. ingly, at the Saracen's Head Inn, Skinner -street, Snow-hilt, LAW INTELLIGENCE. COURT OF CHANCERY, Nov. 16. WASTES v. VARLET AND WIFE. Some account of this case appeared in our numbers of last week. The motion was for attachment for want of sufficient -answer, and the reason given by the defendant was, that the -defect could only be supplied by the wife, who could not an swer -without the direction of the Court, and the matter was of so new a character that the,Clourt hesitated,to give the order. Mr. iII URRAY, the solicitor for the luly, said that she was quite ready to answer, if the Court should order and empower her so to do ; but she was at present incapaple, having been shut up on pretence of lunacy, in the common gaol, for three years past,.by her-husband. The Loin) CHANCELLOR directed that the time for serving the attachment should be enlarged to Thursday in the .next -week, and that she should be directed to put in the supple. mental answer. HUSBAND AND SON, IN TUE MATTERS OF THE TWO BLACKBURNS, BANKRUPTS. The Lonn CitaxceLton said, that having looked into the cases, it did not appear to him that the knowledge of the sepa rate and joint trading would affect the right to prove under both. commissions, if the petitioners really possessed it at the time of receiving the dividend under the- joint commission. Upon this last point he would hear the Counsel, after having drawn his own minutes, and subjected them to the Inspection of Counsel. JONES V. TUE AT.DION COMPANY. The plaintiff' was trustee under a marriage-settlement, in which Lord Ennismore undertook to give 9,0901. with his daughter to Major Itolders; 6,oooL'were to he raised imme diately, and 3,09 W. subsequently, in which the Major took but a life-interest. On the death • of the Major, the Albion Com pany came upon the trustee for 34)00/., the value of an . annuity previously granted to them, which woutd, in that case, over ride the claim of the heirs. Accordingly, the Master of the Rolls had ordered the money , to be paid into Court. The pre. sent,application was to restr a i n the effeets of that order pending an appeal. The LORD CTIANCELLOD said that the trustee, (who ac knowledged having the money in his possession in the form of Exchequer bills), having no beneficial interest to take, could have no objection to paying it into Court. VICE-CHANCELLOO 3 COURT, Nov. IG. DAY V. CHRIST'S HOSPITAL. Thissuit was instituted by the plaintiff; for the purpose of try. ing the right of the Governors of Christ's Hospital to receive a sum of 17s. 4d. by way of licence, from all persons keeping carts within the city of Lontloti. It appeared by the pleadings, that this sum had been demanded and received by the Corpo ration of. London for more than two centuriekpast, under the name of car-room ; and that its original institution was in con , sequence of certain regulations which were made with respect to the rates of carriage in the city. The Mayor, Aldermen, and ,Cornmonalty of London had made various orders and granta in their Common Council, by which the right to receive this impost had been vested in various companies, and for various purposes. At length it was granted for a term of dl years, wllich remains now unexpired, to the Governors of Christ's Hospital, and the proceeds were directed to be applied to the maintenance of the poor children ,harboUred there. Doubts had arisen'as to the right of the city of Loodon,to de mand these sums, end also as to the validity, of the grant under which the Corporation of Christ' s H os pi ta l claimed- to receive them ; 'and to try these questions the present suit had been brought. The question was extremely difficult to decide, owing to the length of time that had elapsed since the first pay ment of these licences. The bill had been framed with., great care and nicety by the late Mr. Maddock, and was against the Corporation of Christ's Hospital, praying for a discovery. When the pleadings had been gone through, Mr. AGAR, who was of Counsel for the plaintiff; began to address the Court, but was stopped by The VIOE-CHANCELLOR, who said that the bill in its pre sent shape was defective, because it did not bring all the parties before t h e C ourt. The Corporat i on of Christ's Hospital claimed by virtue of a grant from the city of London; the latter Corpo ration m ust , th ere f ore, be included in the bill, before the Court could entertain the question at all.. His Honour would not decide such a question, even when the city should be brought In to answer ; because,,. until the legal tight was ascertained, the Court Cold not properly interfere ; but it could do then what it could not do now—lt could send the legal question to be t r i e d in the shape of an issue at law. The plaintiff was in this situ ation—he could not bring an action at law against either of the Corporations, because in an action of assumpsit (tile only mode by which the question. could be tried) there could be no im plied promise, which is the foundation of such actions, a Cor poration being incapable of making an IIuI led promise. It would, however, be easy to amend the bill in such a manner as Christ's Hospital ;and then the Court would di rect an i ssue, i n to. procure the answer, as well of the city of Londo n as o f which the iml]tltefl promise should be coruained, and thus. the be tried. His Honour, therefore directed that the cause should be put in the first paper of causes o f H il ary Term next, and in the mean time the bill might be amended, the answers obtained, and the plaintiff would have an opportu. nity of considering in what shape he would have the issue tried. COURT OF KING'S BENCH, Nov. 16. BYRNE V. PARKIN. pThis, it wwhilbeeraresecoexlleciciteet4l,6owiaiLchan publicaction comb), zultrL,iothne, oor man against Mr. Parkins, who had acted as his treasurer, for the amount of snbScriptions alleged to remain in his hands. The action, in point of form, was for MOM) , and received, to which the defendant pleaded the general issue, and 'gave notice of set-off. At the'-trial, which took place before the Lord Chief Juatice, at Wesminster, two principal questions were raised; first, as to the amount received by Mr. Parkins.; and, second, as to the deductions which lie was en t i t l e d to claim.--- Upon th e f i rst, t h e plaintiff put in an account delivered by Mr. Parkin s , to Catherine Byrne, in which t h e particulars of the subscription were given, amounting to 1111/. ils. ; but the. Counsel for Byrne insisted that he had received considerably more, And relied for ,this. t puTose 0 01 the testimony of Scott, who had been a. clerk in . the defendant's employ, aloounted to 3t,104 licfore the receipt of Ti!. fro m , Si r F rane is and who m ore t h at. M r . P ar ki ns t o ld hi in the subscription Burdett ; ou the. evidence of Mr.._.Cobbett, th a t M r . P a r, kills, at an early period, said he .had received 1001. or 1501 q and of 'a similar declaration sworn to by Mr. Zell, .the editor of the WecklyViisfiatch: - To rebut the' inference aris ing from this case, Mr. Parkins produced a book kept by his clerks, as an original Wok in which subscrip t i on and disburse tnents were entered, on the appearance of which some observe. tions were made. Upon the question of deductions, Mr. Par. kins claimed to be allowed rent for a house and stables which .he had permitted Byrne to occupy • and also for the labour of his Clerks, and for advertisemenls, paper, sealing-wax, and other articles used to promote the ,subscription. About 871. was established as paid or expended,;but the alleged rent, and also the allowances for a clerk, were stAngly contested on be half of Byrne. The Jury found a verdlk for the plaintiff; damages 1941. I4s. 4d., thereby taking Parkin's statement to Cobbett to be literaly true, in opposition to his detail and his book, and disavowing his claim for rent and for the services of his clerk. Mr. Parkins, in person, obtained a rule, in the alter. native for a new trial, or for the. reduction of damages, on the ground that the verdict was contrary to the weight of evidence, and also on affidavits tending to effect the credit of the witness Scott. At the time when the rule was granted, a suggestion , was thrown out that no arrangement might be made between the parties which might prevent the necessity of further con test. The LOUD CUIET JUSTICR row uked whether any com promise had been effected ? Mr. C. Put it. IN, fee the plaintiff, replied that a letter had' 'been written to Mr. Parkins, or ids attorney, requesting to, know what they would consent to pay, but.that it had remained without answer. The Loan Creme Jusficw then read his report of the trial, anti added, that on the following day, •s ease between the, same parties for libel anti slanderous worth; was called on,; when the Counsel for the plaintiff consentedi to take a verdict for 405., on a declaration by Mr. Parkins that the imputation was groundless. Mr. Pit rr.t.res then proceeded to show cause against the rule. •He considered the affidavits entitled to but little notice, as one. was made, by the defendant himself, who could not be examined on a second trial ; others by witnesses who were examined. in Court; and others were immaterial to the question in issue.' —The case was peculiarly for the consideration of the Jury ; it depended entirely on the credit due to witnesses, and the: meaning to be given to their testimony ; and on these matters the Jury, who saw and heard them, were the most competent' judges. The amount of, subscriptions was proved by Scott, as explicitly stated by Mr. Parkins himself, and his evidence was corroborated in no small degree by Mr. Cobbett and Mr. Bell. —To disprove this case, a book was produced, which if it had heen.a fair and honest register of the subscriptions, would' have been conclusive in the defendant's favour; but it was so full of interlineations and erasures as to excite a strong pre. sumption of fraud- in the mind of the most casual observer There was, besides, one item. of set-off claimed by this ac. count glaringly unjust as to cast discredit on the whole—a claim of rent by Parkins from this poor man, who was an object' of public charity, and who was literally without a shoe to his! foot, of rent at the rate of more than 100/. per annum, though Parkins resisted the offer of Mr. Cobbett to: place Byrne at a cottage in the, country, uppn the very plea that his present residence cost nothing. An attempt was made in the affidavits to explain the strange appearance of the book by a person named Swift, who was examined at the trial, and never asked to explain it; but who now swore that he altered the book in order to compress the statement of sub. , scriptions for a newspaper ; as if a compression would be made in the original book which remained in the office, instead of the copy which was to be delivered to theprinter. This attempt was only paralleled by the attempt made at the trial to dicredit Scott by the means of a witness named Taylor, who swore he could not believe hint on his otith, who described himself as " a philosopher," and whose garments certainly bore the appearance of antiquity.,—(A laugh.)—This person represented himself as writing on the sciences—the whole circle of the sciences; but to lodk at hint was enough—he was obviously freeh front the office for redressing grievances. There was one passage in the affidavit of Mr. Parkins which was quite extra. ordinary ; in which he stated, that he had actually forgotten to charge a great number,of items—that lie had written roan. , merable letters, that he had bestowed incalculable labour (rather a metaphorical expression for an affidavit), for the benefit of the ungrateful Byrne; and this from a man who charged in his set-off 4s. 2d. for sealing-wax for the tickets of Admission to the dinner at the " horns," and 21(1. advanced to theplaintiffat the "Shades."—(Much laughter.)—ln his charge, the Lord Chief Justice left the case most fully to the jury, telling them, that if' they took the subscription at the lowest, anti the set-off at the highest, they would find for the defend. ant, as a few shilli ngs wou ld b e d ue to hint; that there was about 871. which cl ear ly ought to be deducted ; that the claim for rent was oar thei r consideration; and that if they believed the plaintiff's wi t n esses , an d thought the expressions used were not mere idle boasting, they might find for the larger sum, making' such deduetions as they thought reasonable anti just. The Jury did believe the plaintiff's witnesses; they allowed about 106 by way of deduction, and no ground was shown for disturbing their verdict. Is was hardly necessary to cite cases, to show the extreme caution which Courts had always manifested in setting aside verdicts upon questions proper for the conedera. tion of Juries • those cases were numerous ; and in one, " Swain v. Hall," 3 Wilson, 63, the Court refused to set aside a verdict, even when the Lord Chief Justice thought it alto. gether wrong, and not merely excessive. In this instance he (Mr. Phillips)' felt a great personal anxiety, because he had, after the verdict, recommended his client to take no. niinal damages, in 'an action for slander against the same de fendant, and because topics of a very unpleasant nature were connected with which cause, which h e had treated as delicately as pessible, but' which might be revived painflilly on a second trial. He therefbre truited•that the Court would feel that the plaintiff, who had already endured much, ought no t to suffer the anxiety an d d e l ay atten d ant on sett i ng as id e tne verdict which a Jury, after a trial of nine hours, and a most important charge, had given in his favour.- Mr. Parrs:sox followed on the same side, and in a short obviously considered the sub address urged that the Jury ject attentively, as their verdict was given by taking the stun collected. in November at 150!., deducting 251. paid wa d_ mitted, and then adding the 1511. set forth in the paper minus the 871. which the Lord Chief justice' thought should be de ducta If there were any questions peculiarly for the consi deration of Juries, the credit of witnesses, and the import of their testimony were among them, and on these the verdict confessedly rested. - Sir. FnExcit addressed the. Court for-Mr. Parkins, in a speech which occupied more than an hour and a half, and of ,which, therefore, we can give little more than an outline., lie began by expressing his great anxiety for the result, as he was satisfied that if a new trial were denied to his client, the peace and happiness of Ids life would be entirely destroyed.. The individual for whom he was pleading was a man deeply in jured who, though his heart was generous and his tontine splendid, had been accused of such baseness as Must- have driven him, unless sustained by a consciousness of his own integrity and honour, to take refuge in the arms of suicide .-- ,This man, who had be e n h e ld up to d etestation and scorn as the very essence of avarice and fraud, could look back with pleasure and pride on a long succession of acts of benevolence, on families rescued from the horrid alternative Of starvation or voluntary death, and on innocent men snatched from die- grace and the grave. When he filled the office of Sheriff:itched deprived perjury of its bloody prey ; he had. with unceasing toil made manifest the innocence of two Irishmen, who had been sentenced to capital puniahment ; and however Mr. Phil lips might feel this action, he.(Mr. French), must confess that the tear of gratitude towards Mr. Parkins lied started into his eye before he bad the honour of knowing him. Of this recol. lection ' the enemies of Mr. Parkins could never despoil him, though they should try, their malice to their utmost, and a ffi x as many ex' sas they pleased to his name. Yet Mr. Parkins, station in the intellectual world, i t ed ttet a l b e y on tre a t n 3ou din n g sel for the plaintiff' as a roan ,atl ltatony,who could not make a good speech till lie haw : 4l ; 4B l c l t o edgr o er c apt e trii u le i e d his appetite to excess—in order to procure that unjust and iniquitous verdict which had been given against him. The Loan CLUE? J usT tor.—ls not that a little ton strong an expression ? Would it not be better to confinaourselves to the argument ? Mr. Fax,sicit. admitted that the expression was perhaps too Strong ; but it was hard thiit Mr. Parkins should have been so assailed with ridicule and invective„..wheu he had a taste as far above the gratification of the palate as his heart was supe rior to the fraud, of which he was accused ; and this he was capable of expressing for himself in extempore language, as correct, and pure as any gentleman in Court, however much he might pride himself on his diction. lie came now to the wit. noises Scott and Mr. Cobitett, on whom the case, principally Tested. What credit could be given to Scott, the vindictive clerk, :who.4a4 been. discarded for drunkenness, and who . out. - "-- rageous y.assaulted ar ins at the very door of the Court ? :Was his evidence to be apt against the bOok which Mr. Parkins kept, which was always open to the inspection of Ilyrne'him selkaudwhich was checked by the clerks of the defendant ?..... . . cotild it be believed that hlr. F. a man who by his industry PRICE Snyr,Nrnxcm. t and creative genius in a foreign land, had realized an ample fortune, would stoop to falsify, this book for a paltry sum ? And-at what time was he supposed to commit this extraordi nary fraud ?—at a moment when the eyes of all Ungland ware fixed upon him; when the admiration of his friends Was ex cited by the noble effort he was m a ki ng to exc i te public vitt pathy for an oppressed individual, and when the venal press of a venal country was anxiously looking for matter to renew its slanders. As to these stables with which the jury bad been shunned, where w as t h e i mprobability that Byrne should take them as a tenant? True he war poor; but it wasgenerally erpect ed that lie would soon become rich, in consequence of those urgent claims which he possessed to the public sympathy. Ilia friends had a right to expect that one wealthy class—the Bishops of this country—would eagerly step forward with munificent sub scriptions, to wipe away the broad stain fixed on them by the delinquency of one of their body. Had they not declined had not the charity of the people been unexpectedly frozen, Byrne joust speedily have been placed in affl. It was easy to perceive some c a u ses for the cot»parative uence failure of the fubscription ; but still it was hard to suppose, that if there had not been a reason in the conduct of the than himself, the suc cess should have been so incommensurate with the occasion.-- - But Mr. Parkins bad been vilified, because he had charged fur his clerk—because he had not chained himself like a idasto to the desk—and for this he was to be abused like a malefaCtor, by a Counsel who now avowed and gloried in his personal ard mosity towards him. The LORD CHIEF JUSTICE... 4 did not understand :.Mr. Phillips to avow any personal malignity towards the defendant --I understood him to say that he felt a personal interest in the result on account of the advice he had oaten in another cause ; that was all. Mr. Pit ti.tars--It is •not necessary, but I most soleinnly disavow ,any personal hostility to. Mr. Parkins. Mr. Fax then adverted to the evidence of Scott.in very warm language. He next came to Mr. Cobbett, of whom no word of consure should pass his lips, Mr. Cobbett was a - man of genius, but his mind was too much burdened with greet af.. Ades ; he was too active in destroying the Holy Alli a n ces o f despotism, to rememb er accurately a loose- conversation ; and might rely too much on his memory. :Mr. Phillips had been very facetious on the appearance of Mr. Taylor, and his love of the sciences; but ill r. Taylor little merited this ridicule; lie had written an elegant essay, which, if it had any relevancy to the proceedings, could bo produce at the present moment. --The Learned Counsel had also been severe on Mr. Par kins , for using the epithet " incalculable :" he quarrelled ' with it as a metaphorical expression, forgetting that Mr.-Phil lips,- as well as himself, came from a country where meta phors sprung up as spontaneously as dulness did in 'others. The Learned Counsel then recurred to the witness Scott, who was sworn by William Jackson to have attempted to procure other testimony, and who had been imprisoned for an assault on his cold master. The LORD CHIEF JUSTICE begged the Learned Counsel to State particularly the affidavit which made this charge' on Scott. Mr. FRENCH read the affidavit, in which Jackson, a waiter at Walker's Hotel, wh ere M r . P ar ki ns at one time resided,. made oath that Scott applied to him to prove that '2Ol. had been taken in copper. The Learned Counsel proceeded to observe, that Scott had sworn he knew nothing of the account, and yet the last item was in his handwriting; and concluded his ad. dress by entreating the Court to grant a new trial, in which .31r. Parkins might vindicate his character from the foul imputation cast on it by the verdict. Mr. LastosLow followed shortly on the same side,. anti par ticularly pressed the :situation of his client, as to character, on the attention of the Court. The LOUD CHIEF JUSTICE asked whether Scott had made any uffidavit in answer to Jackson ? Mr. Put Liars replied in the negative. The Judges consulted fur nearly a quarter of an hour; after which The LORD CHIEF JUSTICE said—As the parties have not agreed on a reduction of damages, all we can do is to grant a new trial on payment of costs. The defendant must pay the soots, bemuse certainly there is evidence to sustain the verdict, and from which another Jury will be at liberty, if they please, to draw the same conclusion. But the present verdict .untloubt edly casts u most heavy imputation on the defendant—that he falsified accounts to serve a fraudulent purposewhich ft *mild be hard to refuse him the opportunity of refining.. The - zeal question was, whether the expressions to Scott and Mc. cob ben were to he considered as mere vapour and boast, or as the truth ; and on this question we think it I s -fit t h a t anot he ri J ury should exercise their judgment. There are other parts - of the case on which I might remark ; but as it is to undergo another investigation. the less I say the better, anti I abstain. Letitia, be a new trial on payment of costs. Mr. PHILLIPS suggested that the defendant should bring some money into Court, and that the verdict should stand' as a security for any future damages and costs. The LORD CHIEF JUSTICE thought the suggestion rea son able, and added, that CM should be brought into Court, and the verdict should stand as a security to the plaintift - s Mr. Parkins, who h a d stoo d up. in Court during the prinsiml part of the discussion, and occas ionally broke out into exalt. i m ia a v t e io a ns n , e n w or ria d i e . clared he would pay a ny t hi ng if lie might bat • 51r. PHILLIPS proposed that the othercase should beogenal al*O. The Lono CHIEF JUSTICP said this could not be done, and besides Mr. Parkins at the time declared he would suovsk for a new trial. Mr. Parkina.—l did, my Lord ; but I will 'try both cases over again. The Loan CrtzEr Jtiorrcz.--No, no: the Court take better care of some people than they do of themselves. • Mr. Parkins then retired. • • TUE ICING V. TUE MAOISTUATES OF VAST BRIXTON. Mr. SEAS LETT renewed his motion of Saturday (lira then_ damns, commanding the Justices of the Fast Half' Hundred of Brixton to re.hear an application for a licence, whicli jieected to on the ground that th e M ag i strates could grant no except at the Sessions i n S e p tem b er, or within twenty days c a c iter. The Learned Coun se l urge d t h at t h e ad Geo, IV. co l n e t n rolled the 26th Geo. 11., and empowered Justices to grant a licence at any period. The COUUT, however, thought otherwise, and refused •tbst writ. THE KING V. PATANEIt AND ' Mr. Tauwrow moved for a rule, calling on several inhabt tants of Chester to show cause why a criminal information shoukt not be exhibited 'against them for riotous conduct at the late election of sheriff* for that 'city.' The principal defendant, Falkner, was net a freeman ; but his conduct and that of bie associates was very outrageous, and tended to impede thu des. tors in the discharge of their duty. The COUNT granted a rule to show cause. COURT OF COMMON PLEAS, Nov. 'The Court was 'occupied till 'two O'clock in beating special arguments of no public importance. HUM COURT OF ADMIRALTY, Nov. 15. THE JOHN AND nannirr. • The KIND'S ADVOCATE moved to.day for a warrant ,* arrest this ship in the usual form, in a cause of /mummy ;. but under the followin g s p ec i a l c i rcumstances . Th e Jo i n and Harriet, on her voyage fl•om London to Havre, sustained some. damages, which made it necessary fbr her, on her arrival at the latter port, to refit. To defray the. cost of thew repaint, the Captain raised money on bottomiy ; but 'sum so raised beino . found to he insuffieient, s h e took in a freight for Lisbon.. The _freiirlit also turning out to be unetpu i l to the charges incurred at Havre, another bottontry.borid was iven, and the vessel was dispatched hack thither In Birder be sold. Havre, however, was adjudged. to be a port very ito n. expedient for the purposes of such a sale ; anti the Captain hay. , ing raised`a further sum on bottontry of 14,596 francs, in order to.eover.the two .former bonds, th e J o h n and Harriet sailed to London, where it was intended th at s h e s h ould be sold. Lord STOWELL immediately granted the warrant. THE APoLIO. the e a ili t Is t . 7 1 Et t i . l e e !e s D i e a l `,! n ; $ 1 : 3 0 had d h e w e n C t h o:j r. l i o n t t :ihsaadcanri occu pi e d c c t e o i l o .° a n t t t i r o 4 e te argum en t, I s :111 character ,of .11114 gr. "e'stirubgugt7tweelrebYinthO:QctiolenrlptiliedteetYLailandt usia:tfebeutoerviTi7dl::;a: qag tad that • the Court, instead of referring any *extraneous question. to the•. Registrar and merchants, would dimt 3,000/., for which ball had been riven "to Mi. Tarbutt, to be paid to him out of the registry, into which it hail already been brought. . Dr. . • LustliwGTow having briefly . replied, Lord ST owitu. said, he would give judgment on an early day. 4 4 0 1 r 0 4, ''o i n s t\l9o j J •14 . 4 /4 / 1, _ 1 4 al L reign. 1 80 ......... li; 4$ $ll 51 04 los oa 16§ 0 4 15 , a iOs 191 Gal IQs Od ..,, oi ............- r sift , .r cict• r co , " 12 101 r .r elSi WI 0 0' W" 0 0 , 04 06 Q 4 ....--•---" FL" IS• , ..!•- -j •"-' 35 11 1°1 41 7° 41 I°. 0 441 Ja ln e ,sll4Ol