The Sun. — London, England, 1825-08-09 00:00:00

~Ai .: ~:~;+ , / z' r i it,641 // rJ t/#l-1.-oVit"\\ N VI! BER 10.'263. : VICTIL.I t.v I's. Gh., July tl, t r u E COMMISSIONERS for VICTUAL LING His . 3 . 1 . - IJESTY'S•X.,II 7 ); 4c. do hereby give A 1 ""; fin Frid uy, t he 23 d Septem b er next, they will '` r eads to receive l'cuders in writing (seated np), and treat oar th e s upply, on separate Contracts, of such quantitics .1 IRISH sAur BEEF and PORK, as may be required for the ' lse of ihs Al/aje&ty's Troops at the .under-rnentioned 14'14, between the 24th of June . Mg, and 24th Jdne 1827. THE uNivtat.sav OF KlNti'S CI • AT WINDSOR, IN NOVA SCOTIA. A 0 every. one Who feels an i n t ere st in the moral and religious Improvement of his fellow-creatures, the following brief details, with regard to a very important por tion of the North American Colonies, are presented with much respect and confidence. The Province of Nova Scotia was erected into an Episcopal See in 1787, and the established reliOion of the Church of England thus assumed there thatprominent, and permanent character to which it is so well:entitled, both by the soundness of its doctrines and the Godly excellence of its Liturgy an& Discipline. ' - To preserve those doctrines, and that Liturgy and Discipline, in their unabated purity ; it seemed necessary, at the sarne time, that the means of a right religious education should be provid ed, both for those who were to teach, and those who were to be. taught .the holy principles of our Church—that so they might live and die in the faith and hope of their forefathers. For this purpose, the University it Windsor was established, and called King's College, as a testimony of gratitude to the kindness and piety of his late Majesty King George 111. under whose sanction, and by. whOse charter it was principally formed. • The statutes of the College were drawn up after the model of those of Oxford ; and still more effectually to secure the wel fare of .the institution, it was placed under the patronage of the ArchbiAtop of Canterbury, who has the power of a negative upon every statute, and under the Government of the leading. official Personages in the Colony, whilst the important powers of Visitor were entrusted, with equal prudence and propriety, to the Bishop of the Diocese. A plan of instruction so wisely framed could not fail of prov ing highly beneficial ; and the College has in fact brought up in the principles of sound learning and a religious education, not only the young men of Nova Scotia and the adjoining Co lonies, but also children of English residents in the neighbour ing States of America, who had. inherited from their parents an attachment to oar venerable Church. But the principal blessing which this University has been, under God, -the instrument of communicating to the Christian world, is to be :found in the exertions of many pious Ministers of the Gospel, whom it has sent forth qualified, as far as hu man means could qualify them, for the discharge of those ardu ous and holy duties, which, when speaking of the Clergymen of these North American Provinces, can be considered in.no other light, and called by no other name, than the labours of the Christian Missionary. Alen equally learned, and of equal zeal. might ,perhaps have been obtained froth the Universities of England ; but men of equal experience, and equally contented -with their peculiar sphere, men equally acquainted with the habits of the people, and equally attached to the country in which they were con.. tinualiy to preach and dwell, the Universities of England could never have furnished. Such was the origin, and such has been th e p as t use f u l ness . of the University of Nova Scotia; but it is now unhappily be coining daily more inadequate to effect its admirable objects,' from several causes. 1. A temporary wooden building was all that, in the first foundation of the College, it was deemed necessary or practi cable to raise: and that building, from .a want of funds'to oh viate the progress ofgradual decay, has naturally, in the course of nearly forty years, fallen into such a ruinous state, lhot it can no longer be inhabited without extensive repairs, and is so far gone as to be unworthy of being restored.- lornay.be e so re paired as to be occupied for a short time, but must soon be abandoned. 2. But even were the building in a more perfect condition; it is now no longer sufficiently large to accommodate the increas ing number of students, or fit for the dignified purpose to which it is appropriated, as the established University-of a very rising. Colony. . . The population of' the Diocese, of Nova. Scotia is becoming daily more numerous, and the demand for - a liberal education is, in eonseouence, proportionally, enlarged. Men of .sound reli gious principles and extensive acquirements are wanted for every department, but particularly -for the ministry in the Church of Christ. An official Report, just recei , red,shews that in one ot the five Provinces which are included within the Diocese, only six teen Clergymen are scattered over the immense extent of 27,000' square miles, where the population is increasing wonderfully every year. The Society for the Propagation,. of the Gospel has, at this moment, occasion for .more than fifty additional 31issionaries in the North American Colonies alone; and the formation of the two West Indian Bishoprics, and the earnest_ endeavours which are so wisely making for the *ritual testruc tion of the Negro slaves, are likely - one rentfer King's College of still more importance and, use. They certainly render its pre sent building and its present means, altogether unfit andamequat to answer its present and probable future opportunities of doing good. 3. Without any imputation of improper hostility to other forms of dcctrine and Church government, it may be fairly stated to those who love their own holy faith and discipline, that if the College at Windsor be not supported by the pious and benevolent, an attachment to the principles of the Church of England and of ouf happy Constitution must, in Nova Scotia, decline. .There are other estahlistinieuts rising up, which arc not conducted upon, he same principles, aqd from them even the children of the members - of the Church of Eng land must, if, this university fall, be compelled to derive their education. Or, if they do not resort to the dissenting establish ments of Nova Scotia, they,must. gather their knowledge and form their sentiments in the ltepublican Colleges of the United' , .., Statesag America. Thus nurtured and instructed, it is natural - , to conceive that they will imbibe opinions which are any thing e l N o T° T. TA V LOR, Lego i .but favourable to the religious and political institutions of Eng- Itioe rt ,..a. 9, New Bridge-street, London. ilt lea e Sin, I'land. ''' ve to • "la% 1 000, Inform you, that ever since the !It is impossible to blame others who conscientiously endea . . 1 p r ..._U t orn i. 1 6ad been afflicted with the 1 ues Venereal, your to propagate their own views of the Gospel and govern. o. - . .l eri el o ‘s obstinately resieting every merit, even where they differ from our own ; but surely if we cha r rigs s ol the inOst eminent )1. tae faculty ~ ,,e t , , , at i d . i ct i , fin!, have any reverence for our own, or any real belief in their tle cl N'etffr vvet alsever e ~ . e ... .- .toaises or salivation, and twice dis- truth and excellence, we must coneeientiously contribute to ( 4 th "r° th e ot te y 4 , e moo . 1 oseital with little relief, would appear io ! prevent the utter ruin of an University, which is their principal to rt :s eeder ba , , i . it eterate nature. la the 3pr in g of. last veer support in a very important Province of the . empire. We shall do our utmost to provide a. sound Epigcopal branch, .of the oti e l_°/tias eoce l gyt to such a head, as nearly to put a pe'ridd . Church of Christ in America, with the means of educating for In eeet ' r ea e o e _ in I had a large ulcer en the cr o wn o f me b ea d, itself, what it so greatly wants, a succession of sound Episcopal .st ete 9 r, ; etie g:: a and toy legs wet e brake out in a frig:seat! ministers.' te„, i ' llr f el ver at , l i t was Oreadfully painful, and had ;leen in a Impreised with these considerations the Society for the Pro ke s uc k , noh, 01. for the last seven c ars ;my left had also. negation of the- goepel has founded scholarships for the . educo as e ta us e eo , 1 ? it,- oas very much e r ,, r fly e u tie e , a . t in g 1 , a .,,, , discoloured, and gave tion of Clergymen, and granted 5001. to relieve the exigencies Orirticulari • when warns in Oest, of• the College. The Society for Promoting Christian Know:. itr o , t v ee rotti l•tn s ve m e of rest ; is, tais ) lanenta ‘ ble state • I ledge hat also made a donation of 5001. for the religious ' ( !l ielli t ' f j rt by;l l U ,, 1 4 Z•ir. J. . 1 l'ilUaZZ . tS . l3):i, '(1V110 received ' so objects of the. Institution; and several distinguished indivi. it z t),h . lotterin tc, .. ti n ot ,1„1. !re ; ), t° take rover Leat,e's Patera eroo, dua l u s tltav e .followed the example. . , eth th _ "U tga , ._ 1 7 ~ ....e2t,tn o..Alay ; _";Oi a . 7 tsl eeto La eLeive beneot—ot iTjo l," ro c o u r 't e ' g t v ha u f f • aa I .. g _ Rto give terns tempooary,repair to the present Building, ..o that it may be used until another is' completed; to engage 'et ''r, ta ' '''" my head and arms were soundly healote how,: Oitional professors Tutors, in the erection of a new and sufficient edifice ; to provide ad. L e , " elin o 1 t. " 'OreS „, I Q I f Of ts ' , arabl e I . ,my legs bealed alio': leaving, and Scholarships ;to furnish the e o , h eef , i Iscolouratioe iti ti e a ssn, and pain in the necese-ary P hdosophical:Apparatus and Books ;—these are oh o t he Pei '' wit; . • ' n see a oy the Mesas., of God, air a little e h ee ta . e l ato . jeCtt., to 77/lid] rue Subscriptions already received are extremely . *nee, Ifee • e its Your invalua'ole Medicine, suasidea ; inadequate. It is, thereforeete enlarge these funds, and procure g 3 .. 4, Paling f ei ot net . the skill regaieittit -its naturai hue, iai.4 additional Subscriptions and Donations from 'the liberality of eToa o ."atio elot gradually going e(fea-I thus beca..e, he those who are interested in the progress of science and the pro ttettie;*ntraeolir !tad medicine, perfectly feae loon ail atzei Itt g,tottiboinGoofley:noodr:eolfigiiinius and moral, and political principles, nts, , ' , .141 . "-hve recovered 4 .t. 't 2 td 41 '' btC • my fortner striate an .. ot l on Lea" on, owe Jolly and fat, in which &tato hariai appsal which they are sure may be properly, and hope will not ng''B College have ventured to make an tas 3 Y , el l ;.••a1i,,,, ii ' l i t ,s h il s :it fo t the as t t, : mi sh mein of all . .e1..? lc r: e a be unsuccessfully made. Contributions in Money, borke, and philosophical apparatus l o •ee ee . sh e ,„„_, e: ms t express In V gratll uue, out . . of every kind, wig be most thankfully received by Sc i Scrope • , 4 s'll as p u - c l j:"a of other suffering tiortals, to :italic , Bernas - d 310r1=1.1, Bart AI P 50 Pall Mall, who has been N. :a deo: itc os pueeihle • I 1 '1 % ' Yoto!Z o Y a 7° . _e•ill etattitly ' o d i s oikc s e :' • oney ea Y " ea. the kind Agerot of E . • , i on , Oollsotedient.very humble,er""' of the Institution, in different places 'll forward the object ing' ' s-Colleg"e famanyyear. Other friends I co, of this Address!, and supply inforoaation to those who may -re-, rill .es e , Ili , ALEX. MCRAE:It 41, 11, 11 .' .. gu Atreet, lidinborKh. . quire it.. e to e , e • . , i , e ll, P ,, se e, N 1 -es to the above Cure: During his short stay in England, the Bishotoof Nova Scotia Will gladly afford this informationaupon application to him at ale!.rai re ': ••" , 'lnt,„ o ` ) " 3, New Poultry Marl,e,t, Edinourgh, e e. t, e l _ eee sold Old. Assenilly Close, Edinburgh. 200, ricca(4lly ! Itinay likewise be obtained from the Se j',.b . t r ' 0 OeO i : the sole Proprietor, THOAIAS TAY- tary to ei F , society for the Propagation of the Gosnel, 42, Castle -0.1,41.-tii..;,3tt, Is; , ,v ii ‘ . R oyal cc itere of sit , , e 0 us It his street, I,eicester . -e . quere; from the Secretaries to'the Society for i tkie ( 7 rli eee l detic e efi'''ldac-street, La t h es; \ Ze e , e ' area a Promoting Chneotto Knowleelge, Lincoln's-inn-Fields ; and at h ore te al --a ro tee to the cup Theo eo • years in a practLe Marti- Cernbridge !tom t .. h , e Lord Bishop of Bristol, and. the Rev: the Ihad Y ' B 'll4- . 1, 'lie p eo c s u oa, of Venereal Complaints and tlinse :Masters of .frtrio e and St. John's Colleges.. kti , -- 4 '!,a, , n *l „f '. ot G etieratitne, wo O that inviolabit The following Sums have been benevolently afforded, for teße- toe : l r g atte e 'is, .prefession simaiii-alY•ays Observe in .I, e _ commen cement of a Contribution in' behalf ®f King's ,testes ' ' ll l-ii .• ' ' "'mach' the advice and . asei;tattee be .College: I- 'ne m ., ed, b. ' 'Oster s I , , . Al, o le of; e 4 d,,, c , rni _ i ptfeoos taking ta is AS. licine, will, iii 3 Grace the Arelibishop of Canterbury xloo 0 0 Deng , I rild, otd ~,., aii fi g 1 -.tb los e as an ady4l tege !Worn His Grace the Archbishop of I ork . 100 0 . 0 t•: It a Ybis ar atlb! itv % 0 , _, I . (.1 41 , .i.oin t gri • ''ospel 500 0 0 t, 414 4:r b i c: re . ani ?,ce, a: ttie '.l,?t s! tor tbe " - 'lncThe Society for the Propagation of the convenience of tOeSe The Society fur Proinoting Christian Kpowledge 500 0 0 1 1 4 ' Pt: Let .. 5. N,, -). It op, "o. 103 , Oxford-street; The Lord tlishou of London . . . 100 0 0 ,41 , , , ,, :i .:ci L , Ln,.;r..k.d.i,kh,,.1,..g1:: m F i l s . ll ( 7,str t ect : llll, Mr.. Baxeer, The' Lott! BlahoP of Durham . lOO 0 14 ''' 411 1 - sin,- ' et)-r oiderabt ;' ? " l " 'ic ` -5 ' 1 61• ` lin ; a '" i ' l ' )f - lOO 0 0 , . ..I, tt , e .. ow ' r• '.. . ' . " The Lord Bishop of Noes Scotia 4ii r .,,, 511 d, „, , .di y , s , ais eereat Orttaio sled Venerable Archdeacon Watson • 1 • r - lhi n •' • Pal. each . . ) • , sap oiece„ its ~tanvei., and nate!, ...p . Rev- H. H. Norris • . - - : 100 60 0 0: : • l.sllll, .. .`"' , •viz.erebv a - - 21 0 0 a- wita oase ~• P 'loose -of c,,!htr Lora Chief Justice - Down. - . a•Fttsl,secrea,r, :4140 *Ott y. „Ur s a. 'asters. W.0,0z . - - . .. . ... _ _ . ... Li s . : __ Gibraltar • : Grenada - • Antixu a Tobago - Barb adt , cl Trinidad • Berl j i ce . St. LuciaDemerara St. Katt, and DuininicA St. Vincent!, The • A:4'' (70.3/miss/a:YE:a will also on the sane 2)91 ' '' ret r(k to , t eatb ei Tenders in writing (sealed up), a n d -4 t , n r a y reme-tra;tcy ove f prime IRISH 'SALT BEEF and antountit, in the ,-Aro - regate to about 18,000 Ncry i er ce.t of t h e f.rmer, and a - tout lq,ix'o .Vauy Tierces c f the latt er, all to be cured in the ensuing Season, and to be deli. vered into kii Ara/esti/4 l'ictualling Stores at Deptfrrd,Ports. 4°4t h. and Plymouth, four.fiftits in Tierces, and nne-fifth a a 6 n et*, and i n such pro/tor/fans, •at each port, s shall 41:''erelfter required; our-half sr before the 28th e6rua rY, and the other half ou or befc;re the 31 st May IB'6;' andt°beparr. by Bills payable, withcat .Interest, Sixty • V 4 elate; but as the said quantities of Beef and Pork 1 17 ' 414 (te the e vimated quanttti et w hi c h w ill b e requirctlfor the Use ' l f the Land Forces at 04.1-altar and the !Tell lndia a l'olL , specified, it is to be understood, that, in the c , " ° J . separate Coutratts h ing taken for those Colonial 7 eliver i s, the est i mated. yla,ti!ies thereof will he abated 4 , " 14e aS,Peregate qua . ntitti proposed to be contracted for .fur delivery at the Ilrrrtee Port?. 7,7 ° " e n(ler for a le.ss quantity than' skull be e qu al t o 500 :7 Pett; lir . 500 Tierces of Pork will b- admitted. 0,1 -he Conditions of the. Cant, acts may be seen qf this OP, • 16, 6:1 a PP i ving . Dunsterrille. Agent . I*.,r the floury ;;;"i,c'erat.oollk; to the Colltctors o f His ;Vai , sty's Cus'onts at tartek, Betrest, Newry, unit Waterford ; and to the Se rb .Y,LO the POSIMUFter • General at Dahlia, I.spessvely. _ ~,,p,,;_fentlersAr the Colonial awl Home Delwertes most be ,„ a re. .l aid %met specify tile ;irk, to wards at length, . ghd e-d ga'ered before Nue o'Clock on the day appranted! be accompanied by a Letter, signed by two responll - p a , en,t,'-agtug to become !maul to the Croonz with l "tonn a i 1 ; ! enri erih,r, fu the Penal Stem of one-mm(l of t le tip,/ Me Confracts, for the due performance of the same; . 4„ 6,7 P .enor4 wh o makes the Tender, or some Person on I, must attend to answer when called for. , bv.riLLEll CLIFPUN. rill! , EAST INDIA HOUSE, July IS, 182% IZ COURT of DIRECTORS of the L AN . O U.I..rED COMPANY of MERCHANTS of ENG 'TRADING to the VAST IN DIES, do hereby give Nini ce ih, , in 4t:-,.couivr will be ready to receive -PROPOSALS t ea t, 'd r 'g. on or before WEDNESDAY, the 10th Augu:i.. sett, ,s"il,„the HIRE, for a further nunrbcr of Voyages, . t i suild e ,..;" - S i of the Burthen of 130 0 Tans and upwartts_, to,„,t,e" tileasun-erneut, as here performed their contracted Th !" Six V Company's Service. 1° b e e s:s e " . Z`'. w ft i Y th ". t e h s e ' words ' ' Ship Tender on the coVer, before irw r l il Y sealed tip and left with the Secretary, at or 4 "e 0 Clock at Noon, on the said 10th August next, Yor), wt i 'eu hotar the Court will not receive any Tender. Th e i N • Josl;PH DART, Secretary. • the ships will rti ciil ars of th e T erms and Conditions under which had tititte:lx,PPlication et the Otlice of the Clerk to flit: Com °- -bi lPilig, or i or after Friday next, the lath inst. • .• ri!ltrristi INsTnrrios, PALL-MALL. rta-,,YSE.or THE PRESENT EXHIBITION. 'sli GALLERY: with a SELECTION of. s• 'elto;TUßgS h • LIVING ARTISTS of the ENGLIgH 01 . , i s , . > • N ,' , io ~ ~„• OI EN DAILY, from 'fen in the MorninK until ''EXl:„e_.,'.,venitie., and will be CLOSED on SATURDAI --m...n,s,ion is.'•-•=C;atalo zne Is. • . (By order) , ' . .ri, e v WILLIAM BAkNARD, Keeper. • -, our ~Iblcrib,ts to the p • NI . West's PiCtlil eor )e rim f rom , r l 'ut r e . s ." Nor healin g the Sick in the Temple," 'who !lave R., '-!ve t t ih,.. , g . • ,/4 wf - ,, Ar impressoo,s, may receive them opon.pay . - oil' i3,sierterztaiidet of their Stlbicriptiouq, A t the Brt- • nulitnt dhil,„ • - I '1 , 16 -it, Turner, -I stood indebted to the plaintiff in about 4,0091. or 5,0001. which had increased at time of my bankruptcy to 5,000/. or 6,0001. I did not tell Mr. Turner, When' I asked an advance of money on the bond, that it had beeh signed first, and filled up afterwards. Th-., letter s'ent by the witness to his brother-in-law, Mr. Fer ris, was next put in and read. It accompanied the blank form . of a bond, which it requested the defendant to sign in the pre sence of a witness, and return, if possible, by the next post.— In explanation of this request it stated, that he (liennalick) was desirous of raising a sum of 400/. or. 5001., to enable him to purchase' a- public-house, in which he intended to place a con nexion of his own. Mr. eierieant WILDE replied. The defence intended to be set up by his Learned Friend's client had been kept a profound secret, or else the plaintiff could have met it with satisfactory and sufficient evidence. The-plaintiff said to the defendant, " You owe me 600/. on a bond;" but the,defendant turned round and skid , "Oh, I never signed such a bond." Howev e r, it so happen e d that th e signature of the defendant was clearly proved to have been attached to the . bond, and that was the point for the Jury to consider and decide upon. - Air. Justice GASELEE charged the Jury, and observed, this was a very important and singular case in all its branches. It was clear that Mr. Bennalick, having obtained his certificate as a bankrupt, and the debt being pro-ed under the coarnrision, be_was no longer liable to be called on for the amount of the bond. - There was consequently an end.of the proceeding as, it rel rted to him, and the plaintiff had enlarged a, vole prosequi on that part of the case. Ferris, the other defendant, pleaded that the bond had not been executed duly as his act and deed.. In order to render a deed valid and good in law, it should also be regularly delivered. Now, if the present bond were delivered to the plaintiff, coupled with a condition not afterwards per formed, the deed could not be maintained to be the act of the in _ dividual whose act it purported to be. To render it complete ;;,i .good in law, the conditions and stipulations connected with it should have been fulfilled. The first question that presented it self was, whether the deed had been filled up at the, time of tHe signature; and according as the Jury sho u ld d ec id e upon that point, it would be for the Court to say whether or not, if an indi vidual signed a bond in blank, the deed could be considered a legal instrument. It had been repeatedly decided that when a per son signed a blank bill of exchange, or wrote his name across a stamp, as was sometimes 'done ' which bill was subsequently filled up, that the bill was a good and binding instrument upon the party concerned. It was, however, as far as he knew, a , fresh question, which had never before arisen, whether Or not the same principle was applicable to deeds executed in blank. There was - also another question, whether, if a deed were to be considered valid, when'filled up with a sum previously agreed on, it was also equally when that sum was departed from and another adopted in its stead. With respect to the case for the defence, it rested solely on the evidence of Mr. Bennalick, and according to his testimony he had never mentioned the sum of 6001. to Ferris, having spoken in his letter of 4001. or 5001. as sufficient for his purposes. In no ticing the circumstance of Bennallick's having filled up the blanks in the bond after it had been signed by Ferris, he could not avoid reprobating such a practice in the strongest and most marked manner. The witness had informed the Jury that no money was advanced on the faith of the bond by the plaintiff; who nevertheless retained possession of it, and in doing this he imputed a direct falsehood to the plaintiff . ; but inasmuch as he had never asktd for the bond, nor requested its return, he must himself (supposing the imputation to be true) be considered as consenting to the fraud. The first question for the Jury was, whether the bond had been executed by. F e rris in blank, as stated by Berthallick, or whether it was filled up at that time. He would take their opinion upon that point pre vious to proposing a second question, which would mainly de pend upon the manner in which they decided upon that. The Jury defendants."fbu found "that the bond was filled up before it was sent to Mr. Justice GrASELEE—The next question he should submit to the Jury was, whether the bond was placed in the hands of the plaintiffs by Bennallick for general purposes, or for the spe. cific one mentioned in his evidence, and which latter had not been effected. • The Jury found" the bond was given as a security for money previously borrOled for general purposes"--which amounted to a verdict for the plaintiff: CROWN SIDE. (Before Mr. Justice LITTLEDALE.) The Grand Jury having been sworn, retired, and shortly afterwards returned with several true bills. John 'Williams was put to the bar, indicted for killing, on the 4th May, three sheep, the property of Henry Blake, with intent to steal the carcases. It appeared in evidence that the three sheep laid in the in - - dictrnent were left in a field along with five other sheep on the evening of the 3d of May, by the brother of the prosecutor, and that on the following morning they were found slaughter ed, the entrails taken out, and placed in an adjoining field, and the fat of two of them carried away. It was also proved that the prisoner was seen by several persons; on the 4th of May, carrying a bag, and that he offered the contents (a quantity of mutton fat) for sale, at a very re. (laced price, to several individuals, who refused to purchase it. The case had proceeded thus far, when Mr. Justice ,Li T T LEDALE said, that on examining the in dictmem he observed a variance between the intent of the pri. soner as therein•laid, and the intent inferrable from the evi dence adduced in support of it. It was in proof that the prisoner was found in possession of parts of the carcase of a sheep, supposed to have been stolen, but the indictment charged him with killing the sheep with a felonious intention to take away their carcases. Now it was only to be inferred from the evidence that he had entertained a felonious' intention to take away a part of the carcases. Under such circumstances, it was matter ,of consideration whether the present indictment could be sustained. Mr. ERSKINE, with whom was Mr. MOODY, for the prose cution, admitted the existence of the variance indicated by the Learned Judge, and proposed to discontinue the prosecution on the present indictment, and indict the prisoner afresh. Mr. Justice bITTLEDALB—Then the prisoner can escape from the second indictment by pleading his acquittal on the first. The Learned Judge then proceeded to charge the Jury, and put it to them to say whether they thought the prisoner" killed the sheep with intent to steal the carcases, or only with intent to purloin a part of them. The Jury found the prisoner " Guilty of killing with intent to steal a pan of the carcases of the sheep." Mr. Justice LITTLEDALX took the yerdict as a general one of Guilty, and deferred passing sentence on the prisoner until he should have had the opportunity of taking the opinion of the . twelve Judges on the subjec•. • AUGUST t►. Ll ABI LITY OF SHIP -OWNERS. ,LEVINE v. XELYNACOT. IVIY..CARTER opened the pleadings. . Mr. Sergeant WILDE stated the case to the Jury. The de fendant, who was a silk-merchant anti draper, living at Pen zance, had-sent a packet of 'goods for sale to the:Scilly lelands, in the month of April last. - They had been. ;entrusted to the care of two persons named Johnson and Davidson, whom he would presently call for the pnreose of ascertaining their value, and only a small portion having been disposni of. at Si.- 1041 1,• the remainder of .the gonda was- re-ehipped from -that'place direct to the plaintiff, at Penzance, and put op board the de fendant's vessel, in order to theie•,beinr, conveyed thither. lie should be fziabled to_ prove. the package c=taiuing the goods' bad been delivered to the defendant's agent, on board his ship ; and also that they had arrived atifly at Penzance, but had never been delivered to the ,pkintiff: On - the contrary, the goods appeared to have been left incautiously upop the wharf, where they were lost. 'The value of the goods was about, lON. o; WI:, for recovery of which the present action was brought. Davidson and Johnson were then mcatninek and proved the facts stated by Mr. Sergeant Wilde, Mr. J. Beard, the attorney for the.plaintiff, and towu clerk of Penzance, deposed as follows :- 7 -In,April last, Air. I.Pvint came' to me and complained of the lose of a parcel in the defendant's vessel. At the request of my client,' wrote•to r3lr. TreiCrt-ben, the captain of the packet, on the subject of the plaintiff's. lost- This ix the letter. • The letter was here put in and rfad, and it appec,redfrprn it that Mr. Beard addressed the,CaptaiO as . the resp9nsible_party, and called on him to use every exertion it ende,avouring to re cover the lost package. 14,xamination resumed— Some time after . l had dispatchcfl:thi4 letter, Capt. Tregarthen came to me, and we had a conversation on the subject of my client's loss. . Mr. Serjeant PELL obj ec t e d to the tldrnivnbjlity,gf con,- versation in evidence, if it was meant thereby to fix the r:!spou sibility on the owner of the vessel, Air. Justice GasEx.xx thought the conversation adir*sible. Air. Sergeant YELL—it was sucientty clear ,the present . • PRICE S EVEII/411,p4Ncr.. defendant bad nothing to do with the.actual loss of this%pro petty. He was the own e r o f th e vesse l , but ztOngorOFl4ol" any thing to do'tiith her at the tim e . It was rallies a atragge sort of attempt that the Captain, who was first apPl;ed to 1)4 iii subject of this loss as the responsible person, should rpw Lry called as a witness against the owner. Mr. Justice GASELEE—The defendant was the Mtnct, - and the ,Captain his agent in this affair ; on that account !Iris Con- Vcrsatiofis as far as elates to this transactio,, must bp, dered evidence. As to the liability, the plaintiff had brought this action against the owner, who, in turn, might have fiis against-the Captain for an insufficient discharge of his dut;. Mr..ERSK,rNE argued that the conVersation of the. Captain. ! subsequent to the contract for carrying the goods, could not Ise given in evidence. Mr.. Justice GAsELEE—It was clear that the Captain Kea the agent of the owner for the receipt and deli Very of goods, and on that ground his conversations relative to goods intrusted to hini may be received in evidence. However, although 'he entertained no doubt of the admissibility o f t he ev id ences it his Brother Pell desi re d, he would take a note of the objection. ! Mr. Beard—Examination continued—Two or three 'days after I wrote to Tregarthen, he came to me and said, "5t 14 very hard on the owner's to be considered accountable for, par eels." He farther told me, "he had delivered the . parcel to a. man, commonly called Grip,' but whose right name was Oxley church," and that " Grig left the package for two or. three minutes on the quay, for the purpose of delivering a bos: ,he also had in his care, and on his return the package was fiprie. " Grig was also present with the Captain at the conversation,•and corroborated the Captain's Statement. • In June last, Laaw Kelynacot on. horseback in the street, at Penzance she appeared in a great passion, and asked me, " What is all this to do about the Jew's (I—d parcel ? We are not to be :frightened, but will see it loot if h costs 10,000!." I saw him in about bah . an hour after this, when he appeared in a better htinsour. HoW dd you know he was in a sweeter frame of mind Why, he apologised fo r hi s h asty express ions, which he at tributed to passion, and said he meant me no offence;, :,n4 I said I was perfectly satisfied. Hut 'what did he say now, that he was in a better humour about the parcel ? Be d- a -d the packet again, I think,—(A laugh.)—Wistied she was burned, for she*was a constant plague to hani, and al ways getting him_into trouble. Yes, but 'What did he say about the plaintiffand his parcel ? 0, he said, " it would be %pity for the poor man to lose his parcel, and was sincerely sorry for its loss." Is the man you call Grit; also named Honeychurch ? Yes; but we call him Grig for shortuess.--(A laugh.) He is porter at Penzance ? • He is one of the po r t e r s . T o b e sure, rdid not take Inns for all the porters, notwithstanding , his two names. —(A laugh.) • You may go down. Mr. Sergeant PELL said, as the case now stood, he was free to admit the plaintiff appeared entitled to the verdict of the Jury. Proof had been given of the delivery of the parcel to George Walls, the defendant's agent, and that it had been sub sequently lost. He would admit those facts to be as his friends opposite had stated, and should not attempt to vary them.-- However, he was inclined to believe that the case must, after all, be decided by the authority of the Court, and that he should be - able to make out such a defence as would induce his ',Ord ship to direct the Jury to find for the defendant. ' Captain Thomas Jones,. master of a vessel trading between Plymouth and Penzance, was then called - and examined—l sometimes land goods alongside the pier at Penzance, and sometimes on the beach. I deliver the goods to the first porter that comes alongside, and then consider myself relieied fiord all responsibility. I have been master bra vessel 40 years, and know Penzance for the last 50 years, and that this hasbeen the custom of all trading vessels. By the COURT—The persons I have called porters ply in every part of the town, and carry parcels for any person that cm , ploys them. Sir. Justice GASE LEE—This won't do, brother Pell. Mr. Sergeant PELL—WeII, if your Lordship thinks so, I aus satisfied. Mr. Justice GASELEE charged the Jury, who found forthe plaintiff—Damages 103!. CROWN SIDE. • (Before Mr. Justice LITTLEDALE.) CHARGE OF PASsING BASE COIN. Thomas Berryman Palmer and Elizabeth Barrow were in dicted for•passing a counterfeit sixpence, well knowing the same to be counterfeit. Mr. WATSON stated the case to the Jury.—The man and woman then at the bar were living together as man and wife ; and the sixpence laid in she indictment had been passed by the female prisoner, tor which she received some articles of grocery., and the male prisoner and she partook of the breakfast pre pared from those articles. In order to show that the male pri. Boner knew the coin to be counterfeit, and indeed. to implicate them both more fully in the transaction, he should prove-that a number of sixpences and other larger coins, also counterfeit, were found in his possession at the time of his apprehusion ; and that the manner in which they were done up, namely, in oil, whiting, and silver paper, was such as plainly proved that the prisoner had them in his possession with a felonious intent, and was aware of the uttering of the sixpence; and consequently equally guilty as if he had himself put it forth. Mr. Justice LITTLEDALE was of opinion the prisoner must be acquitted, because the man having the silver in his posses sion afforded no proof that the woman knew the sixpence to be base coin. If she could not be convicted of uttering, he eoulci not be convicted of aiding her in the uttering. The prisoner was then acquitted. Palmer, the male prisoner was again put to the bar, on a se cond indictment, charging him with having b a se co i n i n possession, with intent to utter it. The only witnesses were the same constables who had appre hended the prisoner on the former charge, and now 'deposed to having found the money in his possession. For the defence it was maintained, that as no evidence was brought of the prisoner's procuring the base coin with a felo nious intent to pass it for good com, it was not fair to presume that intent from the circumstance of his having it in his posses sion. A man might have bad money in his possession, .and yet • . not be liable for an indictment for that. Mr. Justice LITTLEDALE summed up,, and put it to the Jury.to decide whether the prisoner procured,the base. coin With intent to Circulate it'; if so, they would find the Prisoner Verdict= Not Guilty. • BOROUGH OF FOWT•.T. THE SUNG V. JOHN HAMMOND AND °THEM • This was: an indictment against the defendauls„for. a cm , - spiracy, to obstruct the overseers of 'the borough of Fc., - wey, in the execution of their duty. The borough had long and fre quently been the scene of violent ' contests, etild the' opposing parties were each anxious to procur e , t?,,th.,zniseives pot:session of the parish o ffi ce's, as a means of attatn.t,t —The overseers .were proaecutors:in this , case, and meta df one. party, while the defendants, who were the churchw,,hrtleas were of another. .0n the day laid in the indictment, the dsfewlants went to the house of the overseers, 'foi . thepurpose of inspecting the pariah rate,books.. The overseer, who was a ieftoeinitAer, was .at that time engaged in his. cceupation ~however,. he brought the defendant s i n t o his hense,, and exhibit e d tp . them the rate book, which` they immediately d'and'atteinpted to carry away.. Ile resisted the attempt, anti defendants con ducted themselves in a very violent manner, and op Itie,plain tiff sending fora' constable, they assaulted and knocked down that legal officer. For this assault `'the defendants were now indicted. ' Henry Johns r - 7 1 reside at Fotvey,pd 1 tiny frequentky been parish officer in that place. I knoW Mr. Austin and George Lucy. At this stage of the • proceedings the Letine:l Judge said he doubted the possibility of sustaining theindictrhent 4. ,The cause of complaint appeared, from the itatemen.t of Counsel, : to have arisen at the moment,, and coneequently the defendarits could 'not be considered guilty of the conspiracy laid In the iactirnent., He recommended the ihdictnaent m be withdrawn, and the mat ter arranged between the parties. - -! • - • Counsel for the plaintiff proposed to discontinue 'further pro» ceedings, provided the. defenclinti would acknowledge ;heir error. • : Mr. E- I..twEs, fob the defence,,after consultitig both his clients, said, they were ready q to adm4 that any !one' hY torce wait wrong: They th'erefdre admitted - they:had amyl, wrong in endeavouring to possess themselves of the tate-bock by force. • • ' • The apology was accepted, and the cause terminated 'Phis cause terminated the hniiinegi of the Assize. • • • The ,roahtity of Wood taken . into . the, ,11,,,,;„-t,. and expelled therefrom into the arteries in the course of tiefik-7 . ,- tour 'hours, has been latily cstimaied by M Kubb,st Nl' bhdi. iu . auerditiary Wan, and 8,1;01) in a large whaled ' ''' TUESDAY EVENING, AUGUST 9, 1M25. lion. Ai r. .lust!ce Park - - - £JO 0 0 Major Moody, R. E. ,- - . . _64) 0 Sir Thomas A. Strange - - - 10 0 0 Mr. Coinmissary General Bader - - . 100 0 0 Oliver Hargreave, Esq. - . . 5 0 0 - Joseph Watson, Esq. - ... - 100 0 0 Rev. C. Benson' \ - - - fb 5 0 0 Rev. the Master of Trinity College, Cambridge 10 10 0 Very Rev. the Dean of Peterborough - • - 5 0 0 Venerable Arthdencon Bayley . . ,- 10 10 0 Andrew Belche r , Esq. - - . 109 0 0 James Putnam, Esq: - - 5 0 0 . . -.- , .-.., _ 10 5 0 4 0 ) 0 ° John Kirkland, Esq. - - - . 21 0 0 . Rev. C. Simeon- Rev. Jaynes Bean Venerable Archdeacon Pott - . . 10 0 0 11_ , v. Dr. Richards -.- - .. 20. 0 0 A Lady, in Suffolk - - - , .- 5 0 0 Miss Parker . - - ' - - - 5 0. 0 John Ridout, Esq. - - - . 5 0 , 0 Rev. Dr. fogies - - - : George Marriott, Esq. . - 50 0 ' 00 Rev. Edward Berens - - .. _ 10 • 0 0 Edward Henry, Esq. - - I • a 5 0 0 A. W. Powies, Esq. - - - - I 0 40 0 J. D. Powles, Esq. - - . . ',.--.. '. 50 0 0 A Friend to the Institution - - . " 100 0 0 Lord Bishop of Ely - - ~ • . , 50 0- 0 Lord Bishop of bitchfield and Coventry. ' . 10 0 0 Lord ltishop of Oxford • - - _ - 25 0 0 Lord Bishop of Peterborough - - . 10 'lO 0 Right'Hon. Lord Kenyon - - - 100 0 0 Sir Thomas Acland, gart. M. P. - - 25 0 0 Miss Chorley • - - - • - . ' 20 0 0 T. Wiggins, Esq. - - - - 20 0 0 Mrs. Sheppard . - - . 210 0 0 Rev. J. M. Rogers - - . 50 0 0 The Very Rev, the Dean of Ely - . -10 10 0 ..1. P. Anderdon, Esq. ' - - .- 10 0 0 The Countess Dowager of Ross - lOO 0 0 Nathaniel AtchesOn, Esq. - - - 5 0 w Robert Shank Atcheson, EN. . 6 0 ()- The Rev. Anthony Singleton Atcheson - • 5 0 0 ASSIZE INTELLIGENCE. CROYDON, MONDAY, ATM. 8. George Watts, and Elizabeth Hannah Wat, his wif, ere indicted for stealing at St. Mary, Lambeth;on t'' the 18th e Ju w ne, a pair •of silver candlesticks, five silver spoons, and a silver fork, in the dwelling-house of John Lomas. Mr. ANDREWS conducted the prosecution. The prosecutor keeps a tavern opposite Astley's Theatre, in Bridge-rose, and on the 18th June he lost the articles in ques tion from a supper-table in the back part of his premises. On the 21st of June the female prisoner offered one of the candle sticks in pledge for a sovereign, to a pawnbroker in the same _peighbourhood. She was detained whilst the pawnbroker went . for a constable. In the - street he was accosted by the male pri soner who asked why h e d e t a i ne d t h e woman ? Th e answer was, ;hat the pawnbroker did not believe she had come honestly by the eandlestick. Upon which the prisoner said he.had sent her to pawn it, and that he had found that, and other articles, in the Waterloo-road. He was taken into custody. It further appeared that the male pri4oner him Self had pawned five spoons on the 19th June, at another pawnbroker's in the.same neigh. bourhood. The male prisoner said in his defence, that he had found the articles of plate in qeeition, had pawned them in his distress, intending to restore them to the right owner when , found. The Jury acquitt e d the woman,.but found the man . Guilty. Sentence of Death was recorded: George' ffnith was indicted,for stealing at St. Olave, South wark,- on the 3d of February, a horse, the property of Henry Verrall.—Mr.' ANDREWS conducted thp prosecation,_ and Mr. BitoDEßlcze the defence.-The prosecutor l os t! the horse in question on the 3d. February, from his, field at Lewes, in. Sussex. It was seen, safe as late as six o'clock in the evening of that day. On the 3d of April it was found in the possession of' the prisoner, who kept stables in the Borough, and drove a van.• To Hall, the officer, who appre hended him,. he stated that he had purchased the horse of a man named Clarke, at his 'own stables, on the 7th Feb.; gave . 121. for it, and had a receipt which was written for him by a Lieutenant Everett, and could produce it.—The defence set. tip for- the primmer WIT, two-fold ; fest, an alibi as to the 3d of February, when the horse was alleged to have been stolen ; and, second, that he had bought and paid for it of a man named Clarke.—Mr. William Bridges, now a stock-broker of Warn. ford -court', formerly of Yorkshire, anti latterly steward to Lord. Barham, prOVed that on the 3d February he employed the pri soner to carry some goods for him froth Haye's Wharf to his house at Hampstead. The prisoner was in his sight the greater part of the day, and as lats as ten at night.—John White, who assisted the prisoner in carting Mr. Bridges' goods, gave evi dence to the same effect.--Mr. ‘Vm. Everett, a Lieutenant on half-pay of the 8-sth regiment, residing in Lyon-street, .'al_ worth, re e• occupyin a single room with hiswife and two eh:l- dn, at 6s. a week, proved that he had knoWn the prisoner for about two years. On the .7th February he accidentally called on the prisoner at his stables, in Vinegar-yard, ,Bermondsey street; the prisoner asked him to write a receipt•for him for a horse, which he had just bought of a man named William Clarke; witness did so, and saw Clarke .make his cross to it, acknowledging the receipts of 12/. of the priioner for the hone, with a warranty of soundness.—Hannah Sutton, who lives in the same house in which the' peisOner lodges, in Vinegar-yard, Proved that she saw the prisoner pay 12/. to ,Clarke for the horse in queStion, on the 7th of February. The prisoner after wards used it publicly to draw in hi s van .—A great *number of witnesses gave_the prisoner an excellent character for honesty. —The Jury, under the Learned Judge's: direction, found the prisoner —Not - Guilty. • WESTERN CIRCUIT.—Borni, Atm 4. The Judges haying arrived here , and opened the Commission yesterday evening, the business of the Assizes commenced this, day in the CIVIL COURT, Betbre Mr. Justice GASELEE. There were but fifteen cases on the cause list, to which one Special Jury case was afterwards added. The calendar was equally light, containing only the names of 17 prisoners, eight of whom were charged with the commission of offences under two indictments only., and consequently there were but eleven indictable offences in all. • MAJOR v. FERRIS AND OTHERs. Mr. Sergeant WiLDE stated the case to the Jury. This was an action brought by the plaintiff, a banker at 'Truro, against Mr. Richard Jewel Ferris, Mr. J. Ferris, and Mr. Bennalick, for the recovery of the amount of a bonti for 6001 i, executed ,by the defendants, and lodged with the plaintiff as a security for certain 11 . 1(311i:8 adv.mced to. the defendant Bennalick. Mr. Ben nalick had pleaded the statute of bankruptcy, which it was ad.' mitted exonerated him •from all liability as regarded this bond. On the part of the defendant, Richard Jewel Ferris, 3 plea of non cat factuan had been entered, and he denied the execution of the bond.: _An _ant* ..r to • this plea would be f oun d in th e production o f the docnment, I:nd proof of he having been exe, fatted. • The bond of the defendants for. 600/., with a conditional be nahy. of 12001., was then put in and read, It was dated the 23d August 1823. Coleman. was then called, and deposed to having been • present. when Mr.. Richard Jewel Ferris executed . .the bond. Cross-examined -1 cannot swear. whether:Or Inuit* written part of. the bond was Idled up in its present state at the time of its execution by Mr. Ferris. ' • This was the else for the plaintiff. . . Mr. Bennalick was then called and examined. lam an attar. ney by profession. Mr. Ferris, the defendant, is my brother-in. law. The who l e of the bond, except Mr. Ferris's signature, anti that of the witheen, is in my hand.writing. .On the 18th Aug. . .wrote to my brother.in.law,stating that I wanted to prz cure a sum of money (3001. or 4001.)in order to enable me to purchase a house and premises for a particular purpose. I at the same time transmitted Mr. Fcrrin a blank • form of a bond, and re. quested him to sign it,for the purpose of en a blin g me to raise. t h. g money from the plaintiff , . who bad promised to advance. it. The bond was returned to m e i n t h e same Mr. Ferris on the 21st. It was signed apri n-ated, but still a blank. .1 filled it up- with a sum of 8001. awl took h to' 31:. Turner, who.refused to lend me money or. any s , ! - ..narity. I saw Ir. Turner. gain in about ten day s or a fortnight, and he said he should ..like to look at the bond aga i n. • Accordingly I took it to him,. and when I did so . he told . me he .was then b us y - but directed me to leave it with ham. I did so, and have never seta it since. ljene e ..e za ritheeC‘—itt the time I delivered the 1 424 I , riz r, . .