The Sun. — London, England, 1827-10-27 00:00:00

answer any effective service. But what is the practice now going on in the county of Middlesex for instance ? Two, three, or four times a year, are the inhabitants called upon to return the names of all male persons residing . under their roof, between the ages, we think it is, of lgand 45. Well, this done, sundry persons of the number thus returned are exempt ; but it is not sufficient to claim that . exemption upon the re turn, but a day of appeal is named, when the person so claiming to be exempt must attend and substantiate his claim (by proving, probably, some bodily infirmity before a surgeon), at a meeting of Deputy Lieutenants, held in the filthy smoking-room of an ale-house on Clerkenwell green. Well, this part of the process gone through, and the lists completed, those liable to the ballot are exposed to this'ordeal. But how the numbers to be ballotted for arise, or how the ballot itself is conducted, we do not pretend to know. At length the constable comes to a man's house with a notice that he is the drawn man, and that he must attend at the aforesaid smoking room on such a day to be sworn in, or find a sub stitute. Now the being sworn in is what the underlings, upon these occasions, by no means want, and lest a man should, have, as is probably the case, no martial propensities, the constable, who shares the profits with the professed crimps, kindly announces that he need be under no alarm at the smell of gunpowder, for that for such a sum he can provide a substitute. Like many other trades, the constable crimp demands a higher - price than he means to take, and rather than not get your money at all (though your person is what the King's service requires), he will descend from 5/. to a guinea. If a man, however, instead of making too hasty a bargain with the constable, waits till the day of swearing in, and attends at the alehouse, he there finds a much larger and cheaper choice of substitutes assembled about the door, composed, apparently, one half of professed thieves, and. the whole of fellows rivalling the very: lowest idea of Falstaff's ragged regi ment. Frem these he may buy of their em ployers his man, and having paid his money, and seen his substitute enrolled, he may return home, stinking and sweating from the crowd and stench of the place, from one or two, to five pounds poorer, but proudly conscious that he has been doing the state some service—till, in about six months time, the same farce is to be played over again in the person, perhaps, of his son or his servant. Now this is something very like what occurs upon these occasions, by which no small gain is acquired, and no small revenue, of course. raised, as we have said, under colour of the law. Of ccurse the gentlemen in the smoking room (selected, as they must have been, by the Lord Lieutenant for their wealth, rank, and skill in such matters) know nothing of the tricks_goiug on out of doors. If they cannot remedy them, it is fit they should be looked into, and redress ed by a higher power. The obvious remedy is, that all ballots for the' Militia should be sus pended during pars when there is no intention of calling out, or embodying :t. But the matter ought not to rest there. The abuse, of which we have pointed out the outline, ought to be probed to the bottom, and if the Membees fOr the home counties, where the evil principally._ if not wholly lies, do not take the subj, • en, ue • trust that Mr. Hume, or some other acts . ber, will move for returns, which will fill tic. ;i picture, ancki4a a way too, we are convinced, that', will show that our outline is very far from being ' exaggerated.—/bil. The Journal which is supported by the pis.- sent Administration, or which rather, as it would n a turallyssZsupports them, has thought pro per, in a 5 . insanity or intoxication, to return to the subject of:lord Charles Somerset. The Noble Lord, atforins its readers, viould have been re-appointati by the late Tory Administra tion, as it has been told, to the Government of the Cape of Good Hope, if they had continued a few days longer in power ; and it proceeds to say,• that this would have been an act of such flagrant delinquency, that meanly ae it thinks of the late Administration, it cannot suppose them capable of having contemplated it. We disdain to answer the falsehoods which proceed from a degree of ignorance .which can only excite pity, or to refute the calumnies which drunkenness or idiotcy only can have prompted. But we never theless think fit to recal to the recollection of the public certain facts connected with the case of the late Governor of the Cape, which, on account of their importance, ought in our opi nion never to be forgotten. That Lord Charles Somerset was actually Governor of the Cape at the period of the dissolution of the late Admi nistration, and that . consequently his re-appoint ment to that office could not have been contem plated by. them ; that lie would have returned to the Cape to.the great and general joy of its in habitants if that Administration had continued in power ; that he might 'have returned to the Cape as Governor, if the Administration which succeeded them had been thought worthy of the Parliamentary support of the house of Beaufort — are facts so evident and notorious, that the mere mention of them is more than sufficient. But the conduct of the chief members of the late Oppo sition, of the chief Parliamentary supporters of the present Ministry towards Lord Charles So merset, deserves a more particular comment. It was such as to stamp them, and all who held political communion with, or received political support from them, with infamy. Lord Charles Somerset has not had one or two—he has had at least a dozen accusers in Parlianient. They have one after another laid to his charge crimes, for the least of which he ought to have been eternally disgraced, for some of which the loss of his bead would not have been too severe a pu nishment. But during this period of accusation and of calumny Lord C. Somerset was at the Cape of Good Hope. This, however, could not last long. Lord C. Somerset returned to England, for the purpose of hearing and answer ing whatever could be said against him; and at once, as if 'by magic, his accusers were awed iuto silence—the cowardly assassins flung far from them the poisoned daggers with which they . had threatened and attempted to strike. - No positive . testimony to character can be so Conclusive as this negative testimony. A considerable number of Members of the House of Commons, many 9f them men of unbounded wealth—all of them secure of whatever assistance the existing Admi nistration can render them, sit down to be branded. as calumniators, as assassins, •as cowards,. when the production of evidence that Lord C. Somerset has been a bad Governor at the Cape of Cood Hope, would redeem them from so ignominious an infliction. Surely we may infer that history, ancient or modern, bears no 'record: of a public functionary so unblemished as thisl Noble Lord. His enemies in Parliament have shrunk confounded from the position which they so factiously and unjustly assumed • ' and the most honest and able servant of the State may well envy his peculiar felicity in having his namd thus ennobled for the present, and consigned td thejespea itnd gratitude of posterity -.-by the abortive malignity of foes whom the present and all succeeding generations, so long as their names shall endure, will hold in abhorrence and con tempt.l—Morning Post. It is not a usual practice with Public Jour nalists to dwell on the family events of individuals however dignified, nor to direct the public sym pathy towards them, unless on occasions of sor rowing and misfortune. Why we should adopt the one half of the scripture precept, and reject the other—why we should weep with those that weep, yet refuse to rejoice with those that rejoice —is a question to which we can give no more satisfactory answer than that custom has ruled it so. There are times, however, when old cus toms may properly be broken through ; and the event which has led us to remark—the birth of a son and heir to Lord Goderich—is, we think, precisely such a one as may justify a departure from ordinary observances. This accession to his Lordship's family derives additional interest from that most melancholy loss which it sus tained some months ago. Many a prayer was then breathed by lips that quivered from the dread or the remembrance of a similar visitation, that He who had so grievously smitten, would, in his good time, send consolation: These prayers, not the less prevalent because they were put up by humble hearts in the privacy of retirement, have been answered, and a child is born, who is destined, we hope and trust, to be the stay of the declining years, as well as the delight of the manhood of his sire. We are honest and sin cere admirers of his Lordship's public character, as we have on many occasions declared ; and we rejoice to see him in a station where his talents and his patriotism are placed in their most con spicuous light ; but in this instance it is our wish to drop all consideration of his high rank and official eminence, and to view him only in the humbler and less shining attributes of a happy husband and a happy father.—New Times. POLICE INTELLIGENCE. MANSION-HOUSE.—Yesterday a householder was summoned before the LORD MAYOR, for having r efused to pay a turncock, who attended at the house for the purpose of extinguishing a fire. The complainant stated, that he went to the house upon hearing that there was a fire, and upon going up stairs, he found a room full of smoke. He had done what was ne cessary in turning the cock, &c. The defendant said, that the fire was extinguished before the complainant made his appearance, and that all he might have done was of no serv: .c. The Loan MAYOR heard this statement confirmed by a witness ; and the complainant, in answer to a question from his Lordship, said, that he did not know whether or not the fire was extinguished before he reached the premises. The Loan AL.Yolt—There has been a palpable want of diligence here, and I shall make no order against the de fendant. Mr. Hobler observed, that he had paid 10s. to a turn cock once who swore that there had been a fire at his hcuse, and that he laid on the water ; and it was proved afterwards that there had been neither fire nor water.— (A laugh.)—The trra nek was, however, sent about his business. Mr. Sprat, the landlord of the Hole-in-the-Wall pub lic-house, in Fleet-street, was summoned for having kept open his house after seasonable hours on Saturday night, the 20th instant. Cartile, the patrol, and another, stated, that they observed two men and a woman go up the court at 25 minutes past 12. They afterwards saw the door open, and some persons within. The door was, however, shut in their faces, and the landlady refo,ed to admit them, although they said that ,'• were officers. he defendant raid Ilat he had closed his door at 12, and had never drawn a drop afterwards; that there were no persons in his house; except those of his family; and that any person who walked up the court must have gone to sore other house in it. H:- waiter swore to the truth of this defence, and the charge was dismissed, his Lordship at the same time stating that, puTic-fhouses must close on Saturday as well as all, other nights at 11 o'clock. GUILDHALL—On Tuesday afternoon, after Mr. Alderman SCHOLLY bad retired from the Justice-room, at Guildhall, the Overseers of Cripplegate attended to apply for a wm-rant to apprehend a man, who lived in Golden-lane, on suspicion of having sold the corpse of his deceased wife to the resurrection men. The defendant lodged next door to a notorious resurrec tion man, and his wife died on Sunday of a complaint in fro head. On Monday'he came to the overseers, and pro testing he was in great distress, obtained from them the grant of a shell. That same night he got drunk with the resurrection man and his friends, and on the following morning he left his apartment (in which the corpse was lying) as early as half-past four o'clock, giving the key of the room to the resurrection man's wife, and leaving the street-door open. The watchman saw two men lurking about, and at an early hour the body was missed from the shell, and there were no marks of violence upon the room door. When the husband was informed of the circum stance at the shop where he works, he neither put on a show of surprise or concern, but kept on at his labour, coolly remarking to the messenger that he could not help it, or something of that kind. Now, if upon being appre hended, a considerable sum of money were found upon him, when he was known to have been recently in great distress, the applicants presumed this would, coupled with the other circumstances, amount to a proof of his guilt. Mr. Payne, the clerk, replied, that it . was contrary to the practice of our law to draw the evidence to convict a man ont of his own mouth. The selling of the body was undoubtedly an act of gross indecency, for which he might be punished, but the circumstances stated amount to suspi cion, and not positive proof. The gentlemen said, they were extremely anxious to give the resurrection men a check. They had very lately made a bold attempt to steal another corpse from this same house. Perhaps, they could be allowed to take a sharp officer with them to the husband, and endeavour to draw him into an impeachment of his tempters. Mr. Payne said the Magistrate might perhaps grant them a auutn►ons if they would apply on the following day, or there would be no great harm in their trying what they could make of the case with the assistance of an► of f icer, and he recommended them to Brand the marshalman. The latter course they adopted, and we understand the officer learnt that the body was conveyed away in a cart about day-break. The deceased led her husband a sad life, she being addicted to drinking ; and he had been beard to threaten that he would sell her carcass to the surgeons as soon as she was dead ; whether in revenge for her miscon duct, however, was not stated. The churchwardens and overseers, satisfied, we presume, that they cannot make out a sufficient case for commit ment, have not since repeated their application at Guildhall. BOW-STREET. —Yesterday morning Messrs. Cribb, Richardson, Goatly, and Machin, respectable inhabitants of St. Pads, Covent-garden, two of whom, we believe, are serving the office of churchwardens, waited upon Sir R. Blame, the sitting Magistrate, whom Mr. Cribb addressed very nearly as follows :—'; We have come, Sir R. Birnie, for the purpose of contradicting some observations, part of which are attributed to you, that have appeared in the newspaper which I now hold, charging us and the other authorities of this parish with not doing our duty in put ting down the nuisances with which we admit it abounds. It is our desire to be set right with the public, and we therefore take this opportunity of stating ,that we have used every means:in our power to remedy the evils complained of, but we have not been enabled to effect that object. Mr. Cribb then handed to the Magistrate the Times paper of last Saturday, and called his attention. to the re port of a case which it contains under the head of " Bow street," illustrating the manner in which night houses are conducted in this parish, the laxity of duty which exists somewhere, and the Magistrate's observations thereon. Sir ItiCIJA4I) BIRNIE, after reading the report referred to, asked Mr. Cribb of what lie complained.—Mr. Cribb .....We complain of being censured without a cause. We have done all in power to close the night-houses. • Sir RICHARD BIRNIE inquired who was the ground land lord of Grubb's house. A gentleman replied, that he believed the Duke of Bed ford was, but this was denied by another person. " If the Duke of Bedford was the ground landlord," said the Magistrate, " I should fed it my duty to represent to his Grace the sort - of house which this is." The four gentlemen soon after took their leave, the Ma gistrate assuring them that they should receive at this office every facility to Carry into effect any plan which they might adopt for remedying the abuses of the parish. Some time after the gentlemen bad withdrawn ; Bethel and the other beadle presented themselves before Sir R. Amin, • saying that they heard his worship wished to see them. Sir RICHARD BIRNIE—Not I. I wish to see you on, your duty a little better than you do. Bethel.—What are we to do, Sir Richard? Sir R. BIRNIE.—You have got a very well paid vestry clerk—he will tell you what to do. Bethel.—We know that the public-houses are open half the night, and longer, but the oyster•shops, the snuff shops, the coffee-shops, and eating-houses, are as bad ; people are coming out of them at all hours. Sir B. BIRNIE.-Why don't you report those places? —Bethel : We do report them, your Worship. Sir R: BIRNIE.-In what book ? Not in the watch book, for it comes to this Office every day, and I never saw such a report in it yet.—Bethel : The report, your Worship, goes before the watch-committee. Sir R. Bra wrE.—A select committee, I suppoee ? Bethel: I suppose so, your Worship. Bethel and his brother beadle then retired. Sir RICHARD BIRNIE—Have you indicted them?—Mr.. Cribb—No, we are at a loss for evidence to do so. Sir RICHARD BIRNIE—Oh ! we will furnish you with evidence.—Mr. Cribb—Then we will adopt that course. Sir RICHARD ButNu—But what is your Vestry Clerk doing? Have you applied to Mr. Roach? He ought to supply you with evidence.—Mr. Cribb—We admit it ; but we wish you to point out the way in which we should act. • Sir RICHARD BIRHIR—I have already told you what to do—indict the owners of all those infamous houses, and we will furnish you with evidence. Do you mean to cause your officers to follow up the business by a bench warrant? that is the proper course, and it rests with you to take it. Mr. Machin—We are desirous to do our duty. Sir RICHARD RIRNIE—I do not say to whom the neglect is to be attributed, 14ut this I will say, without fear of con tradiction, that the watchmen of this parish are the very worst in London. In the very street where this office is situate, and where I live, I am in the constant habit of see ing the watehmen consulting and drinking with prostitutes. Mr. Machin.—Have you ever mentioned the circum stance to Mr. Roach ? Sir R. ButiglE—Ay, fifty times to Mr. Roach. It is to the want of a general superin tendent of the watch that many of the evils are to be attributed. Mr. Cribb—lf you say we have the power to enter such a house as Grubb's for the purpose of clearing it, we are prepared to do so, but our legal adviser has informed us that we would not be authorised to do so. Now there is the house of Godfrey over the way, and the Grapes next door, both of which are open at all hours ; now, with sub mission to the bench, we think that the Magistrates of this office have power to close those houses, or make them keep better hours. Sir R. BIRNIE—I should be glad to know in what way. —Mr. Cribb—By suspending their licences. Sir It Braruz—Ay, and lay ourselves open to an ac tion at law. Magistrates can only proceed upon informa tions on oath. There is nothing more easy than for the watchmen to swear that they saw persons go in and come out of those houses at two or three o'clock in the morning ; but the fact is, that they are every man of them bribed by the publicans, and thains the grand secret. Mr. Goatly—You were kind enough to say you would furnish us with evidence to indict those parties. It is our desire to do so. Sir R. BIRNIE.—You shall not want for evidence, and I hope you will begin with Bow-street. I can only tell you, that my Brother ➢lagistrates and myself are willing to go hand, in hand with you to remedy the nuisances of this parish, whenever you set about the task. MARYLEBONE. —William Albert, a tall respectable lookingyoung man, who, by his own confession, was libe rated from prison yesterday morning, was almost immediately afterwards placed at the bar of this office, and charged with felony, under the following extraordinary circumstances : As Gibbs, the officer, passed through Marylebone-lane, at 12 o'clock, on duty, Mr. Benjamin, of No. 59, a clothes salesman, who was standing at his door, said, " Gibbs, that young man," puinting to the prisoner, " robbed me nine months ago of a pair of trousers ; I have not seen him since, but I am sure he is the same ;, if you like, you may fetch him hack, and we will hear what he says." The prisoner appeared to be aware of what was going on, for he ran away. Gibbs followed him, apprehended him, and brought him back. When they searched him, they found a new pair of blue cloth trousers in his hat, not Mr. Benjamin's, but a pair he had that instant stolen in the shop of Mr. Lazarus, at 54, in the same street. In both cases, he selected a suit of clothes, paid a deposit of 15.,. marked them, and promised to cad again, which gave him an opportunity to steal the trousers. As others may have suffered in a similar way, he will be re-examined on Tuesday. .UNION-HALL.—A man named George Hughes, a glass-blower, in the employment of Messrs. Pellatt and Green, the glass manufacturers, was charged with having absconded from his work contrary to his agreement. It appeared tbit the defendant had entered into a con tract to work for the firm for a period of five years. lie remained with them for one year, during which it was stated that he earned on an average a weekly suns of 2/. 7s. Considering, however, that he could earn even more at a large establishment newly set up in the same line at Man chester, he absconded from his employers, and entered into a new engagement in that town. An officer was despatch. ed after him, and he was taken into custody and brought up to this office. An expence of upwards of 15/. was incurred in appre hending him, 12/. of which he was ordered to repay his employers by weekly instalments, or be committed for three months to hard labour. Mr. Pellatt was -satisfied with this arrangement, and the warrant was ordered to be kept open in the event of the defendant not strictly adhering to the terms of his contract. SECONDARIES' OFFICE. Yesterday Mr. CROWTHER, the Secondary, hav ing summoned a Jury of respectable tradesmen to attend upon a writ of inquiry, stated that he had summoned them in conformity with Mr. Peel's Act. Juries are, therefore, henceforward to be chosen as Juries at .Nisi Prius are. The Secondary is deter mined, however, that the change shall be attended with as little inconvenience as possible to the gen tlemen summoned. ISRAMWELI. V. EARL AND WHITEWICK This was rather a singular case of, assault. The damages were laid at 150/. Mr. Bramwell, a gentleman of considerable pro perty, is the owner of about thirty houses at Tun bridge Wells, which houses he lets out to lodgers in the season. As some of the houses were unoc cupied, he hired the wife of Earl to answer any in quiries that might be made about them, at the sa lary of 101. per annum. , She, however, found a more profit a bl e employ men t, and: he was compelled to engage another person, the condition annexed to the payment of the salary being completely disre garded. Her husband, however, insisted.upon pay ment,and took out a writ upon the 4th of May against Mr. Bramwell. At a quarter past ten o'clock that gentleman heard a loud knocking at his door, and when he opened it in rushed the two defendants, neither of whom is either a sheriff's or a police officer, and collared him, saying, " You are our pri goner." "For what ?" said Mr. Br amwe ll ; to which they replied , " For a considerable am ount ." named HThoeskyitnhge,nbucatlhleed did d lo n u o d t fo a r tv a iv s e he fo r v iff s ' o s tn -o e ffic t e inte r when he did, instead of wa lkin g in at th e hall' and door, he mounted in at the • window. The defendant ad mitted that they had no authority for touching Mr. Bramwell, and the s heriff's-officer, when he arrived, would not attempt to act. It was satisfactorily proved that Mr. Bramwell was, was re sorted ; wheno against him, perfectly solvent.proceed The Jury assessed the damages at 100/. After the case was disposed of, one of the Jury ' asked the Secondary whether he knew why the de fendants did not attend to their defence. • Mr. CROWTHER said, that the distance was con siderable, and they were probably poor. A Juryman wished to be informed why an assault, which had been committed at such a distance, was tried in the city of London. Mr. CROWTHER (as we understood him) said, that the Attorney-General made the thing as conve nient as possible to himself, and had it tried where he pleased. The Jury observed, very naturally, that such a practice must be ruinous in a long cause. ASTOUNDING DIVIDEND.---A commercial traveller yesterday received from the assignees on a bank rupt's estate, in this town, a first and final dividend, amounting to the liberal sum of one halfpenny per pound• ...Manchester courier, LAW INTELLIGENCE. COURT OF KING'S BENCH, OCT. 26. SAMUELS V. THE ROYAI'EXCHANGEINSURANCE COMPANY. This was an action upon a policy of assurance. The plaintiff, a respectable merchant of the City of London, sought to recover 1,7001. for the total los of a brig called The Salmon River, insured from London to Sie r ra Leone and back. She sailed from Sierra Leone on the 3d of December, 1826, and in the course of her voyage home she met with so much tempestuous weather, that she was compelled to put in at Dover, whence, after repairing, she proceeded up the river, and came abreast of the King's dock at Deptford at five o'clock in the afternoon of Sun day, the 18th of February, 1826, where she made fast to one of the King's ships in the tier. Mr. Lennox was the charterer of the ship, which was freighted with teak timber, which he had contracted with the Navy Board to deliver on the 21st of De cember, 1825, at the Dock-yard at Deptford. When the vessel arrived at Deptford, Mr. Lennox was making application for an extension of the time for delivery, which he afterwards obtained. The Captain applied on the day after his arrival at the dock, but was informed his cargo could not be delivered, because the bills of lading were not ready ; and he was also told that from the state of the river, which at that time was very much frozen, it was impossible for him to get into the dock. The bills of lading came in a few days, but the river remained in a frozen state until Tuesday, the 27th, on the morning of which day the Captain applied, and was told he might take the vessel into dock that day. The Captain went to London to pay off the crew, giving orders to Mr. Brown, the second mate, in whose care he left the vessel, to get a pilot whom he had engaged, of the name of Powell, to come and super intend the getting the vessel in. Powell had pro mised to be in readiness when called upon, but he was engaged that day, and Brown, not being able to get him, procured a waterman of the name of Braine, who had been accustomed to take vessels into dock. Under his managem'tnt they proceeded, but the wind blew very strong, and a rope from the larboard bow to the tier of ships breaking, the ves sel was drawn by another rope, which was fastened to a capstain on the dock-head, and which was pulled, by convicts who did not leave off when they were spoken to, upon the launch-way or slip of the dock-yard, and could not be got off as the water was then falling. As the tide receded, she fell upon her beam-ends and bilged, and started her lower futtocks, and it was impossible to remove her until her cargo was discharged, when she became a com plete wreck. The captain of the vessel, Mr. Duke; Tatum, the mate; Braine, the waterman ; and several other witnesses were called in proof of this statement. Mr. Sergeant BOSANQUET, for the defendants, contended, that after the arrival of the vessel on the 18th of February at Deptford, a competent crew were not kept in her. The accident was owing to unskilfulness, want of proper ropes, and disorderly conduct. If this was proved, the plaintiff's case was totally destroyed. • In addition to this, after the vessel was heaved upon the slips, there was a want of proper care to prevent a total loss. William Stone, examined by the ATTORNEY-GE NERAL—Witness observed the steps they took after the vessel came on the lower side of the Discovery and took the ground. They ought to have moved her before they did. - Their whole proceedings seemed unaccountable. Cross-examined by Mr. P. POLLOCK—Cargoes of teak were generally discharged within the docks ; but the last vessel was partly discharged in the river. Captain Kirkham, of the Discovery—The . men were shifting' the vessel round between twelve and one o'clock; the tide was - then two hours flood. Witness saw two of the men on board quarrelling and fighting. In his judgment the cause of the ac cident was the want of a rope to keep her in the stream, and the helm' not being properly attended to. If a person of competent skill had had the conduct ing of the vessel, it would not have happened. John Douglas, Master-attendant of the dock— Proper measures were not taken to dock the vessel, and the ropes broke. Merchantmen find their own pilots. There ought to have, been a pilot on board. Mr. Hawkes, a ship-surveyor, surveyed the brig on the 29th of March; 1,000/. would have repaired her. Lord TENTERDEN — What do you say, Mr. Camp bell, as to the mooring ? Mr: CAMPBELL—The words of the policy are, If she has been moored and anchored there." Mr. Murray recalled—Numbers of vessels were moored to chains laid down. This brig was made fast to the King's ship, and was also fastened to the mooring chain, which was fastened to the mooring anchor. Lord TENTERDEN--I am of opinion that the vessel mist be taken as moored and anchored; if not, she remains ten days in peril, and either way there was an end of the cause. Mr. CAMPBELL said something in reply ; and we understood his Lordship to say he would not stop him, but would reserve the point. Mr. CAMPBELL, in reply, could not help feeling alarmed at the intimation of his Lordship ; but if he could show it was ill-founded, his Lordship would, with his usual candour, review his opinion. As to the defence made of the vessel having arrived in port when the accident happened, the question was, whe ther the vessel had been moored twenty-four hours in safety after her return. It was from Sierra Leone to London. The port of London commenced at Gravesend, but the place where the vessel was to be discharged was the terminus ad quern, and this was in the Dock-yard at Deptford. The river was so full of ice, that, although the vessel could get op posite the Dock-yard on the 18th of February, it was impossible to attempt getting into it until the 27th, during which interval, she was neither moored ; in the sense of the policy, nor could she he so moored until she reached the Dock, her place of destination. The sailors employed were experienced men, al though not the original crew, and there were sixteen men on board, being a greater number than the ori ginal crew. There was an esprit de corps in the evidence for the defence, but it was clear the vessel grounded from the badness of the weather, which occasioned the ropes to break, and not from careless, -Bess or want of skill. Lord TENTERDEN said, there were two questions of fact—whether the vessel was detained at the mooring chain for an unreasonable time, and whether persons of competent skill were employed to carry her into dock. If persons of competent skill were not on board, the defendants were entitled to a ver dict : if there were, the underwriters must answer for the loss. Verdict for the plaintiff—Damages 1,7001. COURT OF COMMON PLEAS. MAGOR AND OTHERS V. HAMMOND. Mr. CROWDER opened the pleadings. This was an action on a bill of exchange for 30Q1. drawn and accepted by the Cornwall and,Devonshire Mining Company, dated March 17, 1826, and made pay• able two months after date. It was endorsed to the plaintiffs. It was agreed that the evidence given in the de fence of the case of "Ellis v. Schmeick and an other" should he received in this. • The defendant's attorney proved the action against the defendant to have been tried in the King's Bench; but in cross-examination admitted that the facts of the case were not gone into, and that the case went off on a legal objection. Mr. Sergeant WILDE having replied, Mr. Justice GASELEE summed up, leaving it to the Jury to say. whether they believed the company to be a fraud and a bubble, and whether the direc tors were the real plaintiffs in the case. The Jury having retired for a short time, return ed a verdict for the plaintiff for the full amount claimed,3oo/. givi ng i t as t h e i r o pinion, that the company was a fraud and a bubble, but that the plaintiffs were not cognizant of it., and that Messrs. Magor and Co. were the real plaintiffs in the case. MIDDLESEX SESSIONS, Oct. 26. I3ACRELOR V. A CONVICTION OF H. 2.f. DYER, ESQ. This was an appeal on the part of an eating-house keeper, against a conviction for retailing beer with out a licence. The appellant's son was in the habit of supplying his father customers with beer as they demanded it, from a neighbouring public-house, from the landlord of which he was allowed a half penny per pot for the quantity so disposed of; and the question was, whether or not the seer so sup plied by the son . to the customers was to be consi dered as having been sold in the house. The COURT after hearing Mr. ADOLPHUS for the respondent, and Mr. BRODERICK for the appellant, decided that this was a retailing of beer in an unli censed house, and affirmed the conviction. Margaret Courtenay was indicted for a fraud on the War Office. The defendant lied received a pension of 9/. a year from the Compassionate Fund, as the orphan daughter of the late Ensign Courte ' nay, of the sth Royal Veteran Battalion, to which she was entitled only so long as she was unmarried. She became the wife of a person named Wright in 1824, notwithstanding which she made the usual affidavit the next year, stating that she was unmar ried, and accordingly received the pension. She was unable, however, to read or write, and in her defence she said that she was wholly unconscious, when she affixed her mark to the affidavit, that she was doing any thing wrong. The Jury found her Guilty, but recommended her to mercy, on the ground that she appeared to have offended through ignorance. The COURT sentenced her to one month's impri sonment. COURT OF CONSCIENCE. A case of no small importance to families, and to the character of this Court, in its extensive influence over the lower orders, was tried at Kingsgate-street, on Thursday. Martha Merritt, a servant, summoned her master, Mr. Williams, for her full wages, he having deducted one guinea, on the ground of her leaving his.service before the expiration of a month, an agreement existing of " a month's warning, or a month's wages." The plaintiff urged first, that she had given warning on account of the defendant's using certain specified .terms of abuse ; secondly, that she had then remained a fortnight, rather than by going subject the family to inconvenience; and thirdly, that she at length left the house, upon the consent of the defendant, conveyed to her by his daughter, and upon the express consent of his sister, her mistress. _ _ _ In reply, the defendant stated, on oath, that the servant had not given warning at all, but had been dismissed for petty dishonesty, immodesty, and gene ral impropriety. The daughter, a young lady of 18, had never conveyed any such consent upon the part of her fa ther; and lastly, the defendant's sister, an elderly lady, had never given the plaintiff any permission as pretended by her. The defendant, therefore, sub mitted that the plaintiff had perjured herself upon the four points; but finding the Court inclined to wards her case, he addressed the Jury upon the gross improbability of her story. Mr. DUBOIS (the Judge).—We don't deal here with probabilities, we deal with facts. Defendant. —But very often probabilities form a better evidence than diiect testimony. Mr. Dunots.—The plaintiff has sworn to her case. Defendant.—But, independent of the improbability of her story, there are three persons on oath who contradict her. I will now prove her to be un worthy of, credit; I will prove her to be dishonest, and— _ _ . Mr. DUBOIS--We can't set off theft against a de mand for wages. Defendant—No; but you can take it in evidence upon a point of character. The mistress now deposed, at the desire of the Court, to specific facts of the plaintiff's profligate want of veracity. Mr. DUBOiS—Such lies as those l think nothing of. Defendant,--Let me tell yciu, Sir, that I think a great deal of such lies ; and is it decorous in a Judge upon the Bench to state before the lower or tiers, that he thinks nothing of lies, and lies told to obtain a .pecuniary advantage ? The Jury, on the charge of the Judge, pronounced that the servant, having stayed one-half the month, should forfeit only half the month's wages. At the breaking up of the Court, the - defendant stated that a warrant had been served upon him to pay the amount of the verdict. He wished to move to set aside that verdict, on the ground of the mis direction of the Judge to the Jury. Mr. Dußois--By the Act of Parliament, our de cision admits of no reconsideration. Defendant — For which reason you ought to be more cautious in your decisions. Mr. Dußois—We never rescind or reconsider the verdict given. Defendant—l beg your pardon, Sir, I know to the contrary; some years ago a case of wages was given against me. I exposed the casein The Times, and other newspapers, and I personally laid charges against yourself before the county clerk, Mr. Heath ; who so far protected me, that the Court has never demanded of me the amount of your judg ment, but has paid the plaintiff at its own loss. Mr. DUBOIS—I see no reason, in the present in stance, for disturbing the verdict. Defendant—Nor did you in the case I have just cited, yet my com plaints against you procured me redress. Mr. DUBOIS.—I left the case to the Jury. De fendant.—But the Jury, instead of consisting of 12, is reduced by the arbitrary practice of the court to three persons. They are chosen out of an extremely low and illiterate class, and stand much in need of the direction of the Judges, and• it is on the ground of your misdirection that I move for a new trial. A Juryman.—We are very much obliged to you, Sir, for the compliment you have paid us. De fendant.—You richly deserve it. Mr. Dubois, when can I lay my complaint before the county clerk ? Mr. Duuots.—Mr. Heath is out of town. De fendant.—But when will he be in town, for the war rant is peremptory on my paying the money on Wed nesday next. .Mr. Dunots.—Probably next week. Defendant. —Then I expect your warrant to be stayed until Mr. Heath performs his public duty, in hearing my com plaint against you as his deputy. No answer was given, and the defendant withdrew. GUTTING OYSTERS. — Sheridan has immor talized oysters that are crossed in love, but till the follow ing crossed us, we never recollect to have heard any thing half so cross as this anecdote of the simplicity of a raw Pat, who had just been transplanted from the interior of Ireland to Dublin. Pat had been sent by his master to purchase half a bushel of oysters,. to the quay, but was absent so long, that apprehensions were entertained for his safety. He returned at last, however, puffing under his load, in the most musical style. " Where the . devil have you been ?" exclaimed his master. " Where have I been ? why where would Ibe but to fetch oysters ?" " And w hat, in the name of St. Patrick, kept you so long ?" " Long ! by my sowl I think I've-been pretty quick, con sidering all things." " Considering what things ?" " Con sidering what things? why, considering the gutting of the fish, to be sure !" " Gutting what fish ?" " What fish ? why, blur-an-owns, the oysters to be sure !" " What do you mean ?" " What do I mane ? why, I mane, that as I was resting myself down forenenst the Pickled Herring, and having a drop to comfort • me, a jontleman axed me what I'd got in the sack?-..' Oysters,' says I. Let's look at them,' says he ; and be opens the bag. Och ! thunder and pratie,' says he, who sowid you these ?" It was Mick Carney, says I, aboard th e P o wl Doodie smack,' Mick Carney, the thief o the world !' says he ; what a blackguard he must be to give them to you without gut ting." And ar'nt they gutted ?' says I. ' Devil o' one of them,' says he. Musha, then,' says I, what will I do ?" Do,' says he, I'd sooner do it for you myself, than have you abused ; and he takes 'em in doors, and guts 'em ngte and lane, as:you'll see," opening, at the same time, his bag of oyster-shells, which was as empty as the .head that bore them to the house. If we had not this from an Irish paper, we should venture to doubt- its attar thentivity. EXECUTION AT RHEIMS. • - - Susanna Carle, aged 59, widow of rac bor , Denouvilliers, and Florentine Denouvil?' aged 28, her daughter, were executed on day, the lBth of October, in the public "square'i this thy, called la Couture, for the intir d r er ; the husband of the f o rmer, a nd f a ther of latter. At ten o'clock, two young ecclesia s ; Barra and Gaide, went .to the prison, aw l nounced to the prisoners, that they had noh?' l l f any interest in this world. Wid ow Denonv' t and her daughter,' far from liStening to the c , ; . ' lemii exhortations addreSsed to them, burst into opprobrious expressions aga inst all di, ty visited them. They said they would not " If you wish for our money (said Florel talce ; you are beggars, rogues, villains?' 11 0 addressing particularly " the Priest, who . e beside her, she added, " you are like the p r ;; of our parish—you are the cause . of a ll that happened to us. Twelve o'clock sounded, &' the two prisoners were placed in the cart. fl', o tine was in her shift, her feet bare, and heo, r , covered with a black veil. When they at i : i at the scaffold the executioner first l a id how; the old woman, who cast froth time to th eii look of ho rror o n th e inst rume nt of punisho l f „ In a few moments she had ceased to live. young woman was then removed from the and placed on the scaffold, where she reni alj t . asnleiedteywoh was fi accomplishing, o o m ffi epo c in e i sd r i im r n e gn a ,a d ttii t ol o en . the . wpbe Whilstetp executione r exposed o e l r n p r n t o e seen preparing to inflict the terrible ble' v , coat stripped off, the sleev es o f hi s s hirt ti le g up, and armed with, an enormous axe ; k is f e af pearance at the moment froze the soul 'til t" , 0 , nouncedAll at once to atbshorsie w ek io h of l ter a ro d r w tu a r s n h ed ear a d w , : l y vii m eyes, that the womanparricidalhaelasm hand w h i ad m b ed ee i n at s e t l r y uc or ic L. The wards executed. t 1 It would be difficult to form an idea °f th y crowd of spectators who were present ati f execution, and it was not without a painftu ing that we witnessed the number of w° h et which was at least equal to that of the This is the third time within nine years e p Rheims has been a witness of die punish* appropri a ted t o p arr i c id e , and, what is not 3 ' l ei ; singular, the whole of the criminals have b women.—French Paper. OLD BAILEY, OCT. 26. Henry Smith, a good-looking man, aged 2 6 %. v d indicted, for that he, on the 11th of Septere be ;r the second year of our Lord the King, having j e ll' ried one Sarah Pocock, did, on the 30th of Sef i ; e ir ber laSt, marry Elizabeth Fry, his wife Sarah then living. . Thomas Pocock was present when the pr- ° ,v married his sister Sarah, in Brighton Church; was' alive on Sunday last. ma' Cross-examined 'by 'Mr. CLARKSON—Th e t he riage took place six years ago, by banns, b rit had lived separate-for about 12 months. Does know, nor ever heard; that it was by mutual c on His sister has two children by the prisoner. , be[ t William Brown, the brother-in-law to o, z- re tif Fry, proved the solemnization of the seee r qo riage. Before the marriage, the prisoner said 010 real name was George Morris but he someti oles 1 , 3 4 the name of Henry Smith: The prisoner b orr° 71. of witness, 4/. of Which he repaid; he ryastc :lof ceive - 351. when he had finished a j o b. e e only intervened between the marriage and the hension of the prisoner. - Elizabeth Fry, a pretty-looking • girl, wife is let 10 ' contracted marriage with the pris - oni : f , had that he as a Married man. 11 0 By Mr. CLARKSON—Witness understands r' pYe meant by consummating a marriage-60', 41 , 1 took place ; but it was not the p r isoner's fa ult,P 4 prevented it hersel f. He came one of the 11,11, 13 into her bed-room , when she called to her '",t and said`" The young man (meaning the pr' s ' ' ; has come into my room." He then wen t The reason why nothing took place was? WI was -was to leave her brother, with whom she lig e ,llo day or two ; besides, she was in an ill state of.'w e , The prisoner made no defence.: but two W itt' gave him a good character for morality, indttstrior The Jury, by the direction of the COMMO N GRANT, found the prisoner " Guilty." MEETINGS OF CREDITORS. , LONDON DI ARY.—Tucsnkv, OCT. 30.---(At the' Commissioners, Basinghall-street.) _, t e , place Chambers, W.,Ely - ..: Chambers, J., Harwich Andrews, T., Tavistock- Morris, Duval, P., Minories W., LOwer I'll' . , 9 Shields J Bridg e- ." Emmort, R., Strood ., , 10 Lambeth ............. •"''' COUNTRY DIARY.—TuEsoar, 'Ocr. 3 t l , Ackroyd, J., Sheffield—White' s , Manchester. ............ Breeze, jun., Yarmouth—..King's head, Yarmouth •':.„... Birch, S., Mancheste r —Whi te ' s, M anchester ...........•• Croad, J., Cheltenham —York hotel, Che1tenharn.............: , Denbigh, 8., Skipton—Bl ac k H orse , Ski p t on ................ „ May and Co., Deal—Guildhall, Can t terbury . ................. Rainford, G., Kidderminster—Swan, Stourport .......... G TO BE , g 0 1 AT NI eet NE. Bart' Mansell, Sir W mington den ai-str, M on k , J., Deb , Price, 8., 13 0 r°, 1 T,',, Steel, I. Et.iinicollBnC's Int 013'0, INSOLVENTS APPLYINI Petition's to be heard at Nang, OCT. 30, Aram, G., Kensington Brick,-J., Walwort h Bull, J., Hoxton Chaffer, J., Kensington Cole, G., Chelsea Gray, T., Salisbury COUNTRY.---At the Court-1 _ _ • _ at Ten 0 t bI C 7--": l° l C'°'caul°c?.l'V V : ' hk: S ffig h ee e ld ffi 'd eld c . ° Lornas , Peat, R., Leeds pickford; 8., Sheffield gushworth, J. Leeds , swinscow, T., 2 Shelliel`` Tordoff, J., Leeds. Walker, J., Sheffield Weirrall; G., Sheffield Baroer R Leeds Bramharri ' 'B., Leeds Crosland, N., Morley Dyson, G., Sheffield Eades, J., Sheffield Farrer, J., Sheffield Furniss, J., Sheffield Harland, J., Doncaster Hirst, T., Mirfield Hudson, R., Sheltie 34 Nttel.l, Caroblti,d,.gr __ _....._.y,,,._tt._.r. ,r....7t„_ ‘`...aiwter°l;AF ._•„/ BIRTHS. ~ a, ll L.Carlisi e ''' On the 25th inst. at Avely, Essex, the lady 0 1 - " ,re p'; ‘ , c. `" ,, Williams, Esq. of a daughter. r be li 1, I)4 h,y . On the 23d inst. in Cavendish - square, Lady '''stCi tter:OrFlial'e.,:v.aretanehih:' Long, of a daughter. On the 11th inst. at Florence, the lady of 101 0 hart - . 4 ..„ er b o furd, Esq. of Auchinames, of a daughter. Jai' AI anti, On the 24th inst., in Lincoln's-Inn-fields, tl> V i,,,, P. B. Brodie, Esq. of a daughter. -Nottin ' Pi,, e goa, MARRIED. Il e lir' On the 24th instant, at Colaton. Church, hY- 4 , l :b e iol, f 12 1 ilford ii, Chas. Buller, Capt. Wentworth Buller, R.N. of 'fir' ''t Fo kir , - Devonshire, to Ann, only daughter of the late , . :, P, T aunton, Divett, Esq. of Bystock, same county. f 1 , ,; 0 , hr. On the 25th inst. at the Cathedral Church " st , 0 , ,,, Wi rwso -field, by the Rev. Herbert Oakeley, Vicar of Eal i° i siP l :r) „ . tir er ,„ r i az Oakeley, Esq. fourth son of the late Sir Char ier 01‘`''' p i 'hrw'ig" Bart. to Mary Maria, 'only daughter o f Col. Si r t' !e. -" t Miles, C.B. and K.T.S. . prer,y b ..erb,, , On the 25th inst. at Cheshunt a by the Rev. l',.!,'„cli4ef et we g. til t . M.A., Mr. John Wright, New London-street , F e ; Tea 4,4nb il t , ;,, b street, youngest ion of Joseph Wright Esq. of L ti ;iill,' ' 1 ,, 4 1 Si,° - to M4ry, youngest daughter of the late Jeremia" .;. k i `l-aah ,f, ' r e „ - eqer of the East India i house. .batY , -On the 25th nst. at St. George's; Bloom'. „, r e , , ae s ~Nttin,} Starling, Esq. to Miss Morris, of Torrington-sqaoe v g ,; , • % 13 411- 1 4, 6 0h iaz ' On the 23d inst. at St. Dunstan's,• StePoeY' Ch .Y It t er bf al J. Crombie, Minister of. St. Andrew's Scoteh o r . Icl 3 .. hea 7r , London, to Frances, only daughter of Ni'. Lid' - I,„itatieh . al or tS e,ter Lion-street. 01, C even. P 0,,. N ltterb ury DIED. At Twickenham, in the 14th year of her ,il t) 01 til . ri, thl • Po', s. Frances Caroline Douglas, fifth daughter of th e 0 / t4ow n and Marchioness of Queensberry. $h eve itir 1 every On the 21st inst. Mr. John Fell, of Spark i f l i m ... lAr, Ulverstone, Lancashire, aged 67. Cie ll , 47: 11, I On the 15th inst. a t Frankfort.on-the-Maine', t• tl" kri, i,qtahle f Sir John Murray, Bart. Col. of the 56th Regiu ) ( lo o ' , ~" 1 hl Evi a s s e g e / On the 26th ins t. at h is house , in Privy-P. J ~`hrlf, ~,t c h e tat: Earl of Pembro ke and Montmorency, aEe .. 1 .... 1 6 ;,,......( 1 ' •ttt *)% , th e d --,-----:. tlit Lugg F A INTED and PUBLISHED by M. YOUNG , ' Suti-Oiricsy No. 112, Strand) Fe Dantzic bowijne Stovesite ; Superior ditto Ditto, f -43 , nest 01 vir,v Goos e bitte r ' • Poultry '''''' o"ds The Pr** eie Un the remise " th em at t eaper than Zpeetfully tr a d es ._ G m en, Pur ,1, Y the 11 . 4) !.—e, are so' a a „' t ,t(1 -4t tzturallve et ai t s il it Aloe); ef t g° o (le 0, wh ''rehng dut v ho eitleulz ••' near' Tick s at Beds, b antzii, ti "d "ed tt q 6 tiel ael idered VI I . 4 ' l ti c k ti c k ~Be, Al. re ar rant e d etas att s _ It () -ha' • 113 tk from liedstea 114 11d 5 ... ' 4l f-' vary I:i' d ax :Y 1 o r f tL wi t t e ti • 13 °) Iron 14 . 44 1/ Pli t ; AL I 01 frog, 1 7 1 4 (5 , 4 1141 1111 dhd Bt Cll. St 11str.1 n ev , 1 11 4 Wra t f c • CA " b Bl. °, C e ri rtail. t)E p nr , ` ll eStPi' ER, b AlOtr] tangor. ' I VERP 0 I ; I ,A,kI‘ICHE [ot,imLFORE i‘veq. 011Wici followint, s i ,Notti, e gh ' an t. $i r~inghai % Ilt w v rbur y E'gh t .44lll l)t 11 4t*. 136 01 Pal °fl, I f A