The Sun. — London, England, 1827-02-15 00:00:00

0f Foreign Affairs, gives reason to suppose that the journey of Dtd ie d e Ragusa costs France only three or four millions.t The Q uot i dienne.—The success o f t h e R oya li sts on their return to Portugal is confirmed. The Count de Villa Flor can not maintain his ground in Upper Beira. The troops of the Re gency have been beaten in Tras.os-Montes, &c. &c. " The J ournal du Commerce. — D rea df u l scenes h ave t a k en place ac e at Vallad o lid. M on k s h ave led Royalist volunteers to plunder the houses of the Constitutionalists. " The Indicateur.—We learn, by an extraordinary courier, that the Portuguese Government has determined to declare war against Spain " The Memorial.—Great preparations are making at Cadiz to acc ommodat e a division of French troops who are about to embark in different ports of France. t From the s a me.-15,000 Spanish muskets have been sent ° raganza, 80,000 rations of biscuits, &c. ` The Moniteur of Sunday contains the account of the sitting of th e Ch amber of Deputies on the 10th. Th e report o f the L 'Munittee on the law relative to the state of trade was brought 4, and the budget for 1828 presented. They fill seven pages of the ilonheur.,, - PRZNCH FUNDS, Faa. 12.—Five per Cents., 101 f. sc. ; Three 13 7 1 4 e Cents- 68f. 65c. ; Bank Shares, 1,99 0 f. ; Naples Renter, 74f. Spanish Renter, 12f. ; Royal Spanish, ; Haytian L0 an,,,,640f. E xc h a nge on London, one month, paper, 25 f. 45 c. ; eY, 25f. 45c. ; three months, paper, 2 5 f. 30 c.; money , 25 f. 8.",," ve.--Cours Authentique. (From the Quotidienne of Monday.) (PRIVATE CORRESPONDENCE.) Ar khßlD, FEB. 2.—On account of the bad weather the Royal e e r nily has not conic to Madrid to-day to the festival of the Puri ,atien- All the letters received from Old Castile, confirm the e munts of the successes gained by the Royalists, on their second entry into Portugal. As I wrote to you, the Constitutionalists, Wh 0 Were bold enough to attempt to penetrate into Traontes, ''ave been entirely defeated, and general depression has s-os-M succeeded a ' their ran k s t o th e mos t i idi cu l ou s bragging. Itis probable that 4, next letters will announce the re-appearance of the Royalists I ,a. force, i n U pper B e i ra , w h e re Villa for can make no stand, his army having lost in the last combat, as we are informed, more th an 1,000 men. We know that the different columns of Royalists l appeared for an instant upon the frontiers of Galicia, have "," re-entered Tras-os-Montes, and even Entre-Minho - e - Douro. i n the latter province. the insurrection was long in being de tiltred, but it has made immense progress. The Cabinet of Ma drid does not limit its cares to putting our frontiers in a. state of !fence ; it is planning, also, the safety of our Colonies from am 14tious attempts. Already Cuba and Porto Rico possess consi derable forces ; and the Canaries will very soon be placed in a 44 1 , ectahle state of defence. A thousand men, of the 7th regi ment of infantry, are on the point of embarking from Cadiz for t hat destination. The transports destined to receive them, are to take onboard, besides, more than 3,000 muskets, with ammani t-an Of every kind. The transports are to be escorted by the corvette Estremadura, and the brig Janson. These two vessels ar e at Algeciras, ready to make sail. The Gazette of Madrid contains the following circular, ad -I..eaied by the Superintendaut-General of the Police to the inha bitants of this capital and of the provinces : " The G enera l P o li ce D e partment having reason to believe that t he anarchi s t Sp an iards, who have sought shelter in foreign coun rlea, are seeking to disturb the tranquillity of Spain, by means of lu eendiary and calumnious writings, the contents of which go to attack the l eg itimate and paternal Government of the King, our i a ' t ter, after having adopted such measures as are suitable, and hey 'nig communicated to the Intendants of Police the orders sane ied by his Majesty, the Superintendant-General decrees : hat within three days after the publication hereof, whoever shall re ceive any wr iti ng d ra wn up in a seditious spirit, shall transmit the name to the police—individuals convicted of contravening this order, shall be considered as enemies to the State, without regard to their rank or condition. No plea shall be held available; they 'hall not even be allowed to allege in their defence, that the pa- IZ er a Which may have been found in their possession, have come them by the post, or. that chance has thrown them into their ...da, if it is proved that they have kept them for two hours, Wit communicating them to the Authorities.—The same rigour 4411 be displayed against those who maintain secret or suspected cor respondence upon the affairs of the Government. That no L lle Ma plead iguorance of these severe regul at ions, I order these I "etents y to be printed and posted up in the public places of the i. - "Ms and villages. _ _ (Signed) " J. J. RECACHO. " J. L. REQUENCE, Secretary." nradrid January 29, 1827." ,„ 1 2 11 0 sam e Gazette, in its number of to-day, gives the Procla -44% of the Captain-General of Grenada, Don Alvarez Cam hana' Publi s h e d on the occasion of the troubles that have taken P r "` c e in th e env i rons o f V e l ez M a laga. The Captain-General YR that a plot was to burst forth on the Ist January, and that 'Qonissions for the Chiefs of the Guerillas had been handed 1 1 )° , by men who were noted as Revolutionists. The troops of and'e line, and the volunteer Royalists, speedily restored order, j itie s e e i?ed the culprits, who were given over to the hands of Wa are assured that the two Swiss Regiments which last cl iti ui tted M a d r id w ill no t re t urn to F rance, b ut t h a t th ey are des t e u to rei n f orce , th e one th e garr i son o f P ampe l una , th e o th er that of San Sebastian. General Sarefield has left Madrid for the Army of Observation -11 „tbe Tagus, th e comman d o f w hich has b ee n con fid e d t o hi m . ~_,t's.ats, FEB. 11. —At one o'clock, the King held a Couccil, whi ch sat until four o'clock. h We learn from Corfu, of date the 10th ult, that the Sultan at addressed a message to Ibrahim Pacha, to invite him to Con 44ntinople. At the moment when the affairs of the Greeks are taut t o b e discussed in the Ottom an cap it a l, i t i s qu i te probable ,at the Sultan may desire the presence, at the con f erences , o f t h at G eneral who has conducted the war in the Mores. The day before yesterday, a courier from Madrid, with des ittelles, arrived t a the Spanish Ambassador's, wh o yester d ay sent another, with despatches for Madrid. From the Quotidienne of Sunday-) rebel j )44l s, Fen (. 19, We hear from Madrid, thateneral Morales, ii ° o 7 v ht nobly on named, the Continent of America against the of the ar, has just been by King Ferdinand, Governor e ca where uarie s . Th e G ener al has already set out for Cadiz, Coverument, to embark with 1,20 0 men , t o g o to his n ew bat This , would b e indeed a large sum for a department which has eight. The Minister of Finance, however, said, the unfore gaaen""" of the extraordinay embassy to Moscow, the new le -110 to 13 razil and Lucca, the sending of Consular agents to St. _ e h a t v:e i r n e e . g nd e r ande d t o h f is co i m ner m e e a r s c e ialagents to other parts of America, of expense necessary.—Note of the 'HE DUKE OF WELLINGTON'S LEVEE. f i rst Yesterday, Fi eld-Marshal the Duke: of Wellington held his Guar s . levee, as Commander-in -Chief, at his office in the Horse The following Generals, and about 70 other Officers, paid their respects to his Grace, viz. : General Sir Alured Clarke, G.C.B. ; General Sir John Doyle, ir Bart., G.C.B. an d K .C. ; General F. Maitland ; General Sir Charles Green; General Earl of Rosslyn, G.C.B. ; Lieutenant- General Armstrong ; Lieutenant -General Fuller ; Lieutenant- General Slade; Lieut.-General Sir William Houston, K.C.B. ; Lieutenant -General Sir Miles Nightingale, K.C.B. ; Lieutenant- General Sir Rufane Shaw Donkin, K.C.B. and G.C.H. ; Lieut.- G eneral Sir T. Gan. ; Li eutenant-General Sir 'F. Maclean, rt. ; Lieutenant -General the Hon. Sir C. Colville, G.C.B. and G.C.11. ; Lieutenant -Genera Sir W. C. Grant ; Lieut.-General T. Browne; Lieutenant -General Lord Aylmer, K.C.B. ; Lieut.- General Sir William Pringle; Lieutenant-General Lloyd ; Major- General Pye ; Major-General Dalbri ; Major-General Sir J. Wilson ; Genet Major-1 Scott; Major-General Egerton ; Major- General or-General Lord Blantyre; Major-General Stuart ; Major-o euerai J. Aanasay ; Majo r -G enera l Si r G . Wood ; Majo r . G eneral Sir J. M‘L • Majo-General ill ; Major- ;Generaol Capel ; Ma j o r - General ean Mmy r ; u Major-Gen H eral pigotMaj Douglas. eneral Graham ; and Major- General William ...—._ THE MARKET DAY). HAY MA RKETS.—(At p er Load 0r36 ST. JAMES,s Trusses.) Lowland Meadow HayX3 10 to 4 10 Clover H a ............. .£4 10 to 6 Upland Ditto ..................... .1 10 5 10 WOahteSattranwitY.t.,; ............. 112 114 Rye-grass Hay New Meadow flay ..... 4 5 5 5 ............ 114 2 0 A good supply, and a steady trade ; prices as 0. T uesday. SMITHFIELD. Lowland Meadow HayX3 sto 4 5 Clover Hay generally .x 4 Upland Ditto Rye-grass Hay New Meadow Hay prices as 12 116 Supply good, trade rather du 1, and as last quote, ignored Yesterday the Grand Jury for Middlesex the bill in the case of Caroline Dockray, an interesting young female, the bar-maid at the Shakspeare's Head, Pimlico, who ws fully committed for robbing her master, Mr. Nicholas Johnson, of forty sovereigns from a private drawer. PRICE' OF IRISH Bank Stock .. Cons°li, 3 per cent Bl% Gov. Stock, * l ,, percent. ... Si% % Ditto, New - 4 per Cent. 46N 4 Gov. Deb. 33i per cent l39*i Royal Canal Stock - Grand Canal Stock - City Deb. 4 per cent. - Ballast Ottice Deb. 4 per cent. - ;TOCKS, FEB. 12. St. Patrick Incur. (per abare) Royal Irish Ditto National Ditto Patriotic Ditto Hibernian Bank Provincial Ditto lB% Royal Irish Mine — Imperial Mine — Mining Co. of Ireland — Commercial Buildings — MA ILS. Arrived. Due. Arrived. Due. O America 1 0 Guernsey & Jersey. 1 O Brazil 1 0 Hamburgli O Buenos Ayres O Donaghadee 0 0 Jamaica 0 1 Dublin 0 Flanders 0 0 Lisbon 2 1 France 1 Gottenburgh......... 0 1 Waterford 0 HIGH WATER AT LONDON BRIDGE TO-MORROW. Morning 55 minutes after 4. I Evening ....... 13 minutes after 5, )1e Avian LONDON, THURSDAY EVENING, FEBRUARY 15, 1827. The Paris Papers of Sunday and Monday, and the Etoile dated Tuesday morning, have reached us. They do not contain any intelligence of importance. Some further skirmishing had taken place between the Rebels and the troops of the Regency in Portugal, about the 25th January, in which the latter had the advantage, but it is admitted that about 2000 of the refugees have re-entered Tras-os-Montes, and that other detachments are marching in different directions. The head-quarters of the Count DE VILLA FLOR are said to have been removed to Trancoso. Tile Etoile mentions that some Portuguese officers, who had pre sented themselves to the Spanish authorities, had been disarmed and sent into the interior. The Quotidienne still clings to hope for the cause of the Royalists. It mentions also that the two Swiss regiments which had quitted Madrid are not to return to France, but are to reinforce the garrisons of Pam peluna and San Sebastian. The Moniteur of Sunday contains the Budget pre sented by the Minister of Finance to the Chamber of Deliuties on the preceding day. The prosperity of France is described in glowing colours, which, it must be admitted, is proved by the considerable surplus of Income over Expenditure. The excess is to be divid ed amongst each of the departments ; by this arrange ment the annual credit for the War Department is raised to 200,000,000 francs, and for the Marine to 60,000,000 francs. Extracts of these Papers will be found in another column, and we subjoin the price of the Funds, which rather declined on Monday. FRENCH FUNDS, FEB. 12.—Five per Cents., 101 f. sc. ; Three per Cents., 68f. 65c. ; Bank Stock, 1,990 f. ; Neapolitan, 74f. 75c. ; Spanish Loan (1823) 51i. Exchange on London— One month, 25f. 45c. ; three months, 25f. 30c. The Marquis of LANSDOWN gave notice last night in the House of Peers, after he had presented the Petition of the Roman Catholics of Ireland and the Petition from the Roman Catholic Bishops, (which latter was subsequently withdrawn in consequence of an informality), that he would submit a proposition to the House relative to the Catholics, on Thursday the Bth March. The Noble Marquis did not state the nature of this proposition ; but he avowed his inten tion of bringing it forward, whatever might be the result of the discussion which would previously take place on the same subject in the House of Commons. The time of the House of Commons was occupied with Mr. HIJME's motion for further papers ill the case of Colonel BRADLEY and Colonel ARTHUR, which was negatived. This matter has been so fre quently before our readers, that we feel we shall please them best by making no further observations upon it. Mr. SHADWELL obtained leave to bring in a Bill for the alteration of the law respecting writs of right for the recovery of real property, and for amending the law relating to Dower. We cannot but think that, however much the law upon these subjects may require amendment, a Com mittee ought to be appointed for the consideration of the state of the law, before any Bill should be sanctioned for its alteration. It is by these partial alterations of the law of the land that the inconsistencies which dis grace our Statute Book have been occasioned. In another part of our Paper will be found extracts from the last Edinburgh Review, on the subject of allowing Counsel to Prisoners in cases of Felony ; it certainly is a very able article, calculated, we should think, to produce conviction in any mind not bigotted to the present system. But the English Bar should par ticularly approve of it, for it points out (as we did some time ago), the propriety of increasing the num ber of Judges, at present inadequate to bestow even a decent portion of time on each trial. Much as we approve of economy, we cannot think money well saved when it is effected at the risk of injustice —the probable consequence of hasty trials. Th e neighbouring country of Scotland, has sixteen Judges —England, with six times the population, and twenty times the amount of crime—has only twelve. Be sides this, the employment of Counsel in cases of felony would be a noble field for the display of aspir ing forensic talent. So much for the lawyers—hut we invite all persons to read the extracts in our first page. We received this morning the Allgenzeine Zeitung of the Bth inst. Its contents, if true, are rather im portant, as showing that the Greek cause is improv ing, while the establishment of the Government at' Egina promises to give increased stimulus to the ope rations of the army and navy. The Government resolved on the 29th Nov. to sell by public auction all the revenues of the nation for 1827, but we apprehend they will find some difficulty in obtaining purchasers of such pre carious property, subject, as it must be, to all the vi cissitudes of victory and defeat. Another decree had been published prohibiting piracy, but even this, though very creditable to the national feeling, the Government will find it impossible to enforce strictly, from the present state of anarchy to which their measures are reduced ; still the will betokens the honourable principles upon which they are determined to act, and the pirates will thus be deprived of all pre- ;nsion to the countenance of the Government in their nefarious proceedings. The Allgenzeine Zeitzmg of the 6th contains an article dated from the French Frontiers, January 21, showing, from internal and external evidence, that the many articles in the French Papers (all said to be taken from the Memorial Bordelais) relative to Paraguay and Dr. FR A NCI A , are foreigners. There are some men who seem utterly unacquainted with the very meaning of the word shame. A creature of this description, bearing the gentle designation of HOGG, yesterday had the assurance to apply to the Consistorial Court for a divorce, though he must have been aware, that circumstances of the most shameful nature would come out on the trial, sufficient to over whelm the very lowest of mankind with eternal con fusion. The particulars are given in another part of our paper, and we are sure that our readers will sympa thise in the satisfaction we experienced on finding that the wretched creature was foiled in his attempt. To an attentive observtr of the course of public events, nothing is more amusing than the change of sentiment which takes place in the House of Com mons on the same subject, within a few years ; and it is impossible not to form very instructive conclusions from the consideration of the unstable nature of the opinion of that enlightened assembly. Numerous in stances might be adduced wherein a measure has been carried by a sort of irresistible impulse, and with in a few sessions repealed by a vote scarcely less unani mous than that by which it had been originally passed. But a remarkable instance of this vacillation worthy of being particularly noticed. was exhibited only two nights ago, when Mr. HUME commented on the amount of the sum voted this year to make up the de ficiency of the Fund from which the pensions of Naval Officers' Widows are paid. It was only a few sessions ago that the House of Commons manifested so strong an opinion that the Widows of Naval Officers should be allowed the established pension of their rank, with out limitation or restriction, that the Government were obliged to accede to it, contrary to their declared opinion of the propriety or necessity of the measure ; and now, when it becomes necessary in consequence of the increased expence thereby entailed on the coun try, to come to Parliament for the means of defraying it, the very men who had forced the Government to a course which they disapproved, turn round upon them and object to the system thus established, as improvi dent and unwise. To enable our readers the better to understand the subject to which we immediately allude, it may not be amiss to give a brief history of the Fund from which the pensions of Naval Officers' Widows are paid. From the earliest period of our Naval annals it had been customary for the Crown to grant such pensions as his MAJESTY might deem fit to the Widows r.nd Children of Naval Officers slain in fight with the enemy, or who had perished at sea. But it was not till the early part of the reign of King GEORGE 11. that any pension was granted to the Widows of Officers who died a natural death. The destitute situation of the widows of many gallant Officers then attracted the attention of the KING, the QUEEN, and of the service at large, and a Charity, under Royal patronage, was then incorporated for the relief of the poor Widows of Sea Officers, to constitute a Fund from which the pensions were to be granted ; an abatement of three pence in the pound for this charity was sanctioned to be made from the pay and half-pay of all Officers ; but it being soon found that the Revenue resulting from this source would be inadequate to grant even very moderate pensions, Parliament was pleased to sanction that one fictitious (or widow's man as it was called) should be borne in each one hundred men on the books of his MAJESTY'S ships in sea pay, the amount of whose wages and victuals was to be paid over to the funds of the Charity. Even this Parliamentary aid was occasion ally insufficient to enable the charity to pay the pen sions which it had been proposed to grant, the highest of which was at that time 451. ; but at length the House of Commons, on the motion of Admiral MAC- BRIDE, resolved that the 211111 requisite to make up the pensions to the nominal amount, should be made good by Parliament, when the funds of the charity fell short. At that time the regulations excluded any widow from the benefit of the charity, who had a pri vate income of an amount equal to the pension of her Class ; but in 1805 the rates of pensions were increased, and the limitation extended to double the amount of pension. In 1813 the rates of pension were again in creased, and fixed at their present amount, with the same limitation. But in 1819, in consequence of the opinion of the House of Commons decidedly expressed, all excluding limitations were done away with, and every deserving widow of a Naval Officer was declared entitled to the pension, whatever might be the amount of her private income, even if she were re-married. This additional expense, together with the reduced income of the fund, of course renders it necessary to apply to Parliament annually to make up the defici ency, according to the original vote of the House of Commons. It will be observed by this statement, that this cha rity, which originally was a private institution, has be come one entirely of a public nature. Whether, if the system were now to be established, it would be consi dered incumbent on the nation to provide for the wi dow of every Officer who held a commis s i on or war rant in the Navy, 'n i g ht be a question ;but sa nc ti one d as the custom is by time, and justified as it is, by the righteous feeling of providing for the widows of those who have served their country, it is a branch of the public expenditure which c an neve r be cut off; and benefitsof th e charity althoughto the p x o s e ve t r e f n u I s oi of the argumentsi might have b een used against all widows indiscriminately, yet at the same time many measurel' ; and, at all y li p b o e v‘ ra 'e l rfu forwardargum i t: perhaps,, support o e f q t u h a a l t l might be brought events, the boon having been once granted can never be withdrawn. The a mount, too, in a national point of view, is unimportant, and the cases in which the pension may not be absolutely necessary, can only be those in which the husbands of the widows had served their country longest a nd most faithfully. On the whole; therefore, we cannot object to the present sys tem ; but we do most heartily protest against blaming the Government for a measure not attributable to them, and against now forcing them into an alteration of a system, which being once established, cannot be done away without evident injustice and cruelty. Gibraltar Chronicles of the 25th January have been re ceived. They notice the arrival of several vessels from the Me diterranean which had suffered from the tempestuous state of the weather, after long voyages. The accouat of the death of his late Royal Highness the Duke of York had arrived at the garri son, and caused considerable gloom among the troops, by whom he was universally beloved. We regret to learn that Mr. CANNING'S recovery is not so rapid as was at first expected. THE FUNDS-(THIS DAY). CITY, Twelve o' Clock. Consols opened this morning at 82k, and the Bears imme diately made an attempt to bang the market, and reduce the price to 821, in this they did not however succeed, for the strength of the market was soon shewn by their advancing to 821 at which rate they remained steady for some time, and are now 82i ; money continues abundant in the city ; India Bonds and Exchequer Bills have suffered a trifling depression of about one shilling per Cent., the former being 54 6, and the latter 35 6 pm. - Little business has been doing in the Foreign Funds • Mexican Bonds, .681 ; Colombian, 1824, 381 ; Danish, 64 2 ; Portuguese are 771 8/ ; and Spanish, 121 the latter seem to have no elasticity, and the credit of the King of Spain appears to be in less repute than any other security whatever ; some enquiries have been mak-. ing of what is likely to be given for the debentures to be issued by the Spanish Monarch for the payment of British claims, as settled by Mr. Cock ; an idea has been expressed that every 100/. de benture ought to bring 40 or 50 per Cent. when issued, but we have considerable doubts if they could he disposed of at more than one half this amount, and if even at that rate, whether the sufferers would not have made an excellent bargain. Shares remain in the same helpless state they have so long been at; Brazil Mines have, however, improved to 1 3 pm. ; Real del Monte are quoted rather lower, being 80 90 pm. ; whilst, on the contrary, Anglo Mexican are quoted at 35 30 dis. Three per Cent. Console, 8211 ; Ditto for account, 82i ; India Bonds, 54 6 pm. ; Exchequer Bills, 35 6 pm. FOREIGN FUNDS.—Brazilian, 64 5 ; Buenos Ayres, 53 4 ; Chilian, 36 8 ; Colombian, 1824, 381 4 ; Danish, 61,1 2 ; Mexican, 5 per Cent., 561 ; Ditto 6 per Cent., 681 ; Portu guese, '771 81 ; Peruvian, 33 5 ; Greek, 154 161; Russian, 894 901 ; Spanish, 121 .1. MINES.—AngIo Mexican, 35 30 die. ; United Mexican, 101 dis. ; Real del Monte, 80 90 pm. ; Tlalpuxahua, 40 50 pm. ; Bolivar, 1 2 pm. ; Brazilian, 1 3 pm. ; Colombian, 14. 16 per Share ; Potosi, 24 6 per Share; Pasco Peruvian, 54 per Share. Two o' Clock. Consols have been steady up to this hour at 824 -R, but within these few minutes they rose to 824, buyers ; Reduced, 831; India Bonds, and Exchequer Bills a shade lower ; Mexican, 6S ; Colombian, 38 4. THREE O' CLOCK Consols, 82i, alternately buyers and sellers. FOUR o'CLOCK--CLOSING PRICE. Consols 821 Danish Bonds 61 1 4 Do. for Ac. 821 Greek Do. 1825 16 1 4 Brazilian Bonds 65 Mexican Do. 1825, 681 Buenos Ayres Do. Peruvian Do. 342 Chilian Do. Russian Do. 90+ Columbian, 1824, 38+ Spanish Do. 1312 LAW INTELLIGENCE.-(THIS DAY.) HOUSE OF LORDS.-APPEALS. The LORD CHANCELLOR, the Earl of WINCHELSEA, and Lord GRAY, were in attendance this morning, when further arguments were heard in " Lord Selsey and others v. Rhoades." COURT OF KING'S BENCH, -WESTMINSTER. (SITTINGS IN BANCO, AFTER TERM.) This Court sat to-day hearing demurrers, but hardly any thing 01 public interest transpired. CARR. V. MURRAI. This was a demurrer to an action of debt upon articles of agree ment entered into between one David Savage, and the defendant. The plaintiff was the assignee of Savage, who had become insol vent, and disputes having arisen between him and the defendant, respecting an agreement, by which Savage had bound himself to sell, and the defendant to buy, a life-estate of the insolvent, a bill in Chancery was filed against the defendant ; subsequently it was agreed to refer all matters in dispute to arbitration, and the parties bound themselves to abide by the award. An umpire made an award, by which the parties were directed to meet at the Star I►Sn, in Oxford, on the 23d of January, 1826, when and where Savage was to execute a conveyance of his interest to the defendant ; and the defendant was to pay down 10001. and a frac tion. The defendant failed to attend, by which it was contended he had become liable to pay the amount. The objection to this doctrine was, that no execution, nor tender of any execu tion of the insolvent's interest, had ever been made to the defendant. On the other hand, it was submitted, that the insolvent had always been ready to execute the conveyance, and that the only reason of its not having been done at the appointed time was, the non-attendance of the defendant. The Court thought there ought to be an averment, that, at least, the execution of the conveyance had been tendered, or that the execution was ready to be made, or something of this nature, and therefore directed the case to stand over for a week, that the parties might have an opportunity of further considering what they would do. (sirrnics IN NISI FILMS.) TIIE KING V. BF! CHAM''' AND °TITERS. This was an indictment against Edward Beecbamp, John Beechamp, John Sanders, Edward Ellis, and Thomas Brown, for assaulting George Bowley, and unlawfully rescuing from him two horses, two waggons, and a quantity of gunpowder, under the following circumstances:— The Act of Parliament relating to the transmission of gun powder, requires, among other things, that the barrels in which it is conveyed should be covered with leather or saltpetre bags, or in default thereof it is liable to he seized by any person, and on conviction before a Magistrate to be forfeited. On the Bth of February 1826, the prosecutor observing two waggons belonging to Taylor and Allcock (the proprietors of gunpowder mills at Deptford) paSsing through Hounslow, conveying about fifty barrels of gunpowder uncovered, seized them, as by the Act empowered, and took them to a shed about half a mile outside of Hounslow, where he proceeded to unload them, being assisted by Brown, the headborough, and the two Beechamps, who drove the waggons, and placed 18 barrels within the shed, when Sanders and Ellis, the other two defend ants belonging to Taylor and Allcock's establishment, came up, and prevented the prosecutor from unloading any snore, saying, that that was not a proper place to deposit the gunpowder, anti ultimately drove the waggons off with that part of the gunpowder which remained unloaded. Brown, the headborough, refused to interfere. The subsequent conviction and forfeiture of the gun powder then seized having been proved, Mr. BaonEateK addressed the Jury for the defendants ; he contended that as a section of the Act, which empowered the one the se defend ei e fme of ne d g nn ut the were leVir,teol house of warrantedprohibitedof'any person n anyrenotonvtohr,aeg dealerthan t the e s pi O onw l b tdh s. eart t , o a rt l: hi e cel a ree t , beimg more than the legal quantity at the time in the house. The LORD Caesar JUSTICE was of a different opinion, but would reserve that point for the consideration of the Court. The Jury consequently found all the defendants Guilty, except Brown, who took no part in the rescue, subject to the opinion of the Court as to the point reserved. There was a second indictment against the two - Beechamps, Sanders, Brown, Richard Taylor, and Wm. Cheetam, for carry ing off, on the subsequent day, the eighteen barrels which had been unloaded. They were all found guilty, subject to the opi nion of the Court, as to the legality of their conduct. COURT OF EXCHEQUER. The Lord Chief Baron was unable to attend to-day, in conse• quence of illness. Mr. Baron Garrow presided in his absence. THE KING V. GOODIN. This was an information filed by his Majesty's Attorney-General, against the defendant, a farmer, residing in Devonshire, charging him with having, so tar back as the year 1524, purchased two tubs of smuggled spirits, from a person named Bishop, well know ing the said spirits to have been smuggled. The case for the Crown was conducted by the ATTORNEY GENERAL. It appeared from the evidence of Bishop , whose pre *eut occupatio n is that of a baker, but who, at the time laid in the indictment, dealt largely in what, in the parlance of smugglers, is called " the freeVade ;" that he took the two tubs ... in question to the defendant's house, concealed in large bags, which to outward view were filled with straw. After Much deli beration :• and much balancing of the probabilities of detection, it - was at length determined between the " contracting parties," that the spirits should be delivered at one of the defendant's windows,, - and there at the appointed hour, the defendant and his housekeeper were stationed to receive them, and gave in return the sum of six pounds, which was the consideration previously agreed upon. The evidence of Bishop was corroborated by his son, who had been a party to all the proceedings. For the defendant it was argued, that both father and son were un worthy of credit, inasmuch as they had pleaded guilty to the crime of being concerned in a trade of which the defendant's counsel now expressed the most constitutional abhorrence, but to which the defendant himself, according to the finding of the Jury, was in 1 8 4 , indebted for two kegs of very excellent spirits. It was further complained of, on the part of the defendant, that he had been put to the enormous expence of defending this information in the county of Middlesex, whilst it might for all the purposes of justice, been tried in his own county. Mr. Baron GAaaow summed up the evidence, and the jury re-• turned a verdict for the Crown. COURT OF COMMON PLEAS. HARRIS V. If OUNCHIUSBAWD. This was an action for the recovery of the value of a cistern, purchased and paid for by the plaintiff, at a sale by auction of the effects of a bankrupt, named Turner. • The auction took• place in the premises occapied by Turner, which were afterwards as signed to the defendant. When the plaintiff went to remove the cistern, the defendant refused to give it up, alleging that it was a fixture, and the plaintiff therefore brought the present action.— It was urged in defence, that in terms of a clause in the lease the cistern was a fixture, and could not be removed without injuring the house. —The Jury, however, found for the plaintiff—Da mages 5/. ARCHES' COURT. ATKINSON V. ATKINSON. In this suit, which was brought by Mrs. Atkinson for a divorce, upon the ground of adultery, alleged to have been committed by Mr. Atkinson with divers loose women, the arguments were this morning resumed. Dr. ADDANIS appeared to oppose the divorce. He did not deny that Mr. A. committed adultery previous to 1819, but argued that a condonation had taken place at that period, and that there was not sufficient evidence to prove that any acts of adultery were subsequently committed. The parties were under age when they married in 1812, and appeared to have lived unhappily from a diversity of temper. Mrs. A. was stated to have an ungovernable temper, and, on one occasion to have actually ex cited her husband to fight a duel with her own brother. But Mr. Atkinson was guilty of youthful indiscretions previous to 1819, he admitted; but contended that, subsequent to that period, there was no evidence of adultery. The adultery which was al leged to have been committed with Mrs. Rolls, was altogether improbable, as she was a lady of great respectability, residing with her friends. All that was proved was, that Mr. A. visited Mrs. Rolls, and that occasionally, when he was in the house, the win dow blinds were let down. Harriet Hobbs deposed to observing Mr. Atkinson and Mrs. Rolls in an equivocal situation ; but that girl's evidence was contradicted, and proved to be un worthy of credit. He therefore submitted that there was no evidence to prove that any act of adultery had been committed by Mr. Atkinson, subsequent to the condonation which took place in 1819, when the parties:returned to cohabita tion. The final separation was in 1822, when Mrs. Atkinson re turned from Yorkshire, where she had been on a visit with her sister. She then charged her husband with having committed adultery with Mrs. Rolls, and then intimated her intention of ap plying for a divorce. He insisted that there was not evidence to support that charge, and that the Court was bound, therefore, to pronounce against the divorce. Dr. LUSHINGTON, with whom was Dr. Doosoar, appeared for Mrs. Atkinson, and contended that there had been no condonation of the acts of adultery alleged to have been committed between the husband and Jane Cockrel, or between the husband and other lewd women with whom it was proved he was connected. The Court had laid it down in the case of Durant v. Durant, that there could be no condonation of acts of adultery unknown to the wife ; and it did not appear that Mrs. Atkinson was aware of any adulterous intercourse between her husband and any other woman, but . Anlll Harris. Having disposed of the law as it referred to that point, the Learned Counsel thee called the 'attention of the Court to the facts as disclosed in evidence. One fact which the Court could not have lost sight of, was, that the evidence of a medical gentle man proved beyond all doubt that Mr. Atkinson had been unwell subsequent to 1819. If this fact was not sufficient, there was the evidence of Lieutenant Burney himself, a young man, and, of course, a reluctant witness. The testimony or Lieutenant Burney went to prove, that in the month of August, 1820, he and Mr. Atkinson went on the pursuit of pleasure to the Isle of Wight, and that they took two common women with them, from Gosport. Here was demonstration of Mr. Atkinson's in fidelity; taking all these circumstances together, liajnsisted that there was no doubt that the act of adultery was committed with Mrs. Rolls, as well as with divers other women. She was of a rank of life very inferior to Mr. Atkinson, indeed so little education had her father, that he aigued a mark to his deposition, instead of writing his name. Mr. Atkinson was morning, noon, and night, in company with this woman, and could there be any doubt of the real object of his intercourse, even if the evidence of the witnesses on that point was entirely rejected, instead of amounting, as it did, to fleap it proof of the adultery. But, if any thing was wanted to coofirm the fact, that confirmation was to found in the admission of Mr. Atkinson ; for when his wife, 'in the presence of two witnesses, charged him with keeping Mrs. "Rolls, he answered " I know I do." Under all the circumstances, he submitted that Mrs. At kinson was entitled to the relief for which she prayed. Sir J. Niel -tor., after taking a brief review of the evidence, gave it as the opinion of the Court; that there was no evidence of any other condonation but that respecting Ann Harris, which was admitted in the libel. The disgraceful intercourse carried on by Mr. Atkinson for a series of years could not be doubted. The Court therefore considered that she was entitled to the relief for• which she prayed, and therefore pronounced for the divorce. The Court then adjourned. OLD BAILEY SESSIONS-(THIS DAY.) OLD COURT. (Before Mr. Justice LITTLEDALE and Mr. Justice Gamic These Sessions commenced this morning, and while the Lon don Jury were being sworn in, one of them made application to be excused, on the ground that he could not conscientiously re turn a verdict that would consign a prisoner to the punishment, of death. Mr. Sergeant Alt Atuw—That is very extraordinary; what ash your scruples, Sir ? Juryman—l could not g►ve a prisoner over to that punih, ment which I consider ought to be abolished. • Sergeant ARABIN.-The laws of your country my otherwise; but I cannot attend to you any further, now sir, (turning to the other jurymen) perhaps, gentlemen, you will not wish to have so conscientious a man among you. Another Juryman then avowed the same scruples, and both were ordered to stand down for the present, and were not after wards called upon. Joseph Clark was indicted for stealing two trunks and contents, value la from the dwelling-house of Mr. Curwood, the Barrister, whose property they were, on the 23d of January. Our readers will recollect that this s sar e ed ) s e n 'o n gtta t in g st h s e i m tne r br e a etv n hap b e w nr y tip a a : s t : l snh e eci eew committed a immedi ately d l - ) was answered, that he for stealing articles from various places by following the dust carts and entering the houses where they stopped, under the pretence of enquiring for some one. Mr. LAW now stated the case to the Jury, and informed then; that the prisoner had been into the prosecutor's house while the wanted the clerk, that his name was Rogers, and that he would call again. He did not however call again, an d Some time in , 1 1 u ,h s o t was asked being i,im t taken tom,hheu,e-pets,petiura. person l,c wanted, N ti v alpa i p;o d - the day the two trunks and their contents were missed. Mr. atCalmoiirvej:di:ean(nlyta.; identified eise'd A arriv s iee i nid l k abta p yßs u tot r i se was found on the prisoner, which had been made by a member of Mr. Curwood's family for his use.— None of the papers had been found. Mr. Curwood described the property stolen, and identified the purse. Phoebe Hinde, the servant, swore to the prisoner as being the person she spoke to in the passage. Cross-examined—Mr. C. had had some coals in on the above morning; the men had to pass through the library with the coal*. George Green, the clerk, saw the trunks in the library thenight before ; had no knowledge of the prisoner. The purse was also sworn to by the daughter of the prosecutor. o; The p r i soner called his sister, who swore, t h at s he gave r same purs e t o t h e pr i soner about four mont h s s i nc e., lndescribing Lad one,it, h owever, she stated, that it had no tasse l. The purse 1 and on being produced was sworn to by her. ret T u l u e cd a . verdict p liso 'c l r 'e dt of G prisoner ('aliedt u7t .w witnesses to character, and the Jury