The Sun. — London, England, 1827-08-17 00:00:00

must be• consulted, rather than forced, by discipline, which is wrong." As to solitary confinement, it operates on different individuals very differently. A sluggard would sleep the greater part of the time, whereas it would drive as active person nearly to madness. As to moral improvement, Mr. Orridge seems in some doubt. He observes that hypocrisy goes to a great extent in prison; that there are many whom he has never known properly till he had no power over them ; that a complete scoun drel conceals himself. " I had thought that after thirty years I had a knowledge of criminal charac ter, but I believe I shall die a novice at last." With respect to classification, judginr , from thirty years' ex perience, he daises them by character and conduct, and not by crime ; always informing the Magistrate if be deviates much from the rule laid down in the Act of Parliament. He thinks the elassification accord ing to law does no good at all ; a man of the most atrocious character may be sent to prison for a very slight offence. With respect to education, he has great doubt of the efficiency of the system of educa tion as now conducted; be would give the prefer ence to instruction rather than no instruction ; but he thinks there wants to be a system of industry pro moted with the instruction. He thinks the Sunday' schools are very excellent things; the children are never employed on that day, and, as they will con gregate, they had better congregate in Sunday schools. But where there is only a system of education without sowing the seeds of industry, it does not go far enough. The boys are at school all day, and do not learn habits of industry from their parents as they used to do. They afterwards, however, frequently forget what they have learnt. He remembers a charity school in the town where he resides, in which the woollen business was con ducted; they went to labour by spinning, and on the alternate days they went to reading; there were few commitments of persons educated in that school. He thinks, however, upon the whole, that if education had not been introduced, the increase of crime would have been greater than it now is. Sir Thomas Baring, a member of the Committee, having acted as a magistrate for about twenty years, in the county of Hants, states, that offences of an atrocious character have diminished, excepting horse and sheep-stealing; but petty offences increased to a very great degree. There have been frequently as many as fifty, sixty, and seventy prisoners in the House of Correction for offences against the Game Laws; exclusive of offences against the Game Laws of greater magnitude. The Committee call the attention of the House to the following parts of the examination of Sir Thomas Baring : Do you remember at what time the great in crease of offenco with regard to the Game, began ? —I think for the last three or four .years there has been a great increase. Do you attribute that to the increase of distress, or the increase of Game, affording greater opportu iiity.?—To both. Have the people been generally in a worse condi tion during the last three or four years than they were before ?—I think they certainly have ; and whenever the price of agricultural produce is low, distress prevails amongst the agricultural labourers. During times of distress, is poaching the most common offence ?—I think it is almost the only of fence to which distress drives the agricultural la bouring population, except poultry stealing and wood stealing, which have prevailed to a great degree also. Do you think that if there were no game, distress would have caused poultry stealing, and other offences of the like kind, to an equal amount ?—I should think not, from the facility with which that offence may be committed as compared with other petty offences. .Has there been a great increase in the quantity of game: preserved ?—Very considerable, and confined to email woods, making it extremely easy for them to be taken.. To what species of game do you refer ?—Game in the woods—hares and pheasants ; but I can men tion an instance where game is preserved to the highest degree almost of any property in that part of the country ; and, in consequence of some illiberal observations in one of the newspapers, that the pro prietor had occasioned a number of persons to be committed for poaching, I had the curiosity to in quire what number of persons had been committed tor poaching upon t hat p ro p ert y since the game was first preserved, for the last thirteen years, and in that ' period only three persons had been committed for ,poaching on that property. To what do you attribute that ?—ln consequence of the strict watch and the number of persons em ployed to preserve the game. Do you believe that if the labourers were paid adequate wages there would be much poaching ?—I feel confident that there would not, and I can speak f r om personal experience. In the part of the country in which I reside poaching existed to a considerable .extent; from attention to the employment of the poor, and to their conduct also, I can say, that for the last two years no one instance of poaching has occurred, committed by the persons of that neigh bourhood. It had been the custom of farmers in the winter months to reduce the price of labour from 9s. and 105. to 75. and Ss. I prevailed upon t h em l as t ye ar not to reduce the labour at all, but to "keep it at 95., and I endeavoured to shovi them, and did succeed in persuading them, that they would not lose by the system ; that they would have nearly us much to-pay in parish rates, and the result has been that the people were well off: and in no in stance has there been a complaint made to me, as a Magistrate, from any party of the neighbourhood for any criminal offence committed,--a circumstance which has not occurred in any former year. Were all the labourers employed , during the winter ?—The whole of them were employed whenever a person was found wanting employment, by agreement amongst the farmers he is taken into the employment of some one of them, and not allowed to remain unemployed. Do not you think that the present mode of ad ministering the Poor Laws leads to an increase of the population beyond the means of employment ? I think the Poor Laws have been very much abused. If restricted to their original intention and purpose, they would be productive of the greatest benefit to the country ; abused they are productive of great evil. If they were confined simply to provide he the aged and infirm and impotent, and not ap• plied as they are now, to the payment of part of . A . be wakes to the labourers, they would be produc tise of good. There is also mixed up in what is termed Poor gates that which does not belong tc them, and winds, aught to .be separated ; an d think if persons of Aittelligence would look more ,accurately into the management of the poor,_ and to their c omforts and conduct, .the syst em o f the poor Laws would be a national benefit, and not an injury, .both to the poor and to the rich, What do you think is the objection felt to mak, ant change on part of the farmers gene rally ?—I think in the fitait instance the desire to throw the burthen from them se lves upon others, and also, in a grzeat measure, from an inddTerence which prevails in their minds with respect tp the moral character and conduct of the poor ; that when they have to pay Ss. wages instead of 7s. they do not take into consideterion that in the event of their paying "is, they will ve.ey frequently have nearl y as much to pay in the shape .o f f Their proportion to the Poor's Rates. ..Should the Committee be renewed ne;t year, some yaluable information may be expected 1;,;or.21 Sir T. Baajng on the subject of Prison Discipline. The Committee refer the House to his evidence for the plan of a eillage shop which he has adopted, with great benefit to she. labourer. (To az colici,upzp To-vvoaaow). Ti HARVEST...-In this neighb,9llrhood, the greater part of the 'Wheat acid Barley is secured. 13 . ..) , th in quantity and quality the crops Uly equal the expectation formed of them. On the hotter 1a44 the Barley is of course rather short, in consequence of the meat beat and want of rain ; a few fine samples were exhibited in our market, on Satuday last,.. Worcester Journal. SUMMER ASSIZES. HOME CIRCUIT, LEWES, Aua., 15. BRYANT V. WHISTLER, ('LEAK. This was an action of trespass for breaking and entering a vault in the church of St. Clement's, Hastings, belonging to_ the plaintiff, and disturbing him in the possession of it. Plea " Not Guilty." The case proved in evidence was this :—The plaintiff was a gentleman of fortune, residing generally in Loudon, but having considerable property in the neighbourhood of Hastings. The defendant was the rector of the parish of St. Clement, in Hastings. In 1819, the plaintiff was staying at Hastings, with his family, and a Miss Williams, a particular friend, who had for some years resided with him. In the course of that year Miss Williams died, bequeathing a considerable estate to the plaintiff, who, being anxious to pay her the last tribute of respect, applied to the defendant for permission to build a vault in the church, in which the remains of Miss Williams, and at future periods, those of others of his family, might he deposited. The defendant was asked what he would charge for his permission, he replied, " that he should open his mouth pretty wide, and supposed that 30/. would not hurt the plaintiff." After some discussion, 20/. was agreed upon, and that sum was paid by the plaintiff to the defendant, who thereupon said, " Now you may go to work as soon as you please." The plaintiff and the defendant, and the parish clerk, then went into the church together, and selected a spot on which the vault should be built. The vault was, accordingly, built on that spot ; and on the wall over it, a tablet, expressing that Miss Williams was buried there in a vault, "ap propriated to the plaintiff and his family," was, with the knowledge and consent of the defendant, erected. These works together cost the plaintiff a sum of near 40/. The day after the vault was finished, Miss Williams's funeral took place, the service being per formed by the defendant, who then had an opportu nity of seeing the vault, which he examined, and to which he then made no objection. The plaintiff then returned to London, where he continued for some years, without ever revisiting Hastings. In 1825, the defendant proposed to the parish clerk, and some of the other parish officers, to open the plaintiff's vault, and to deposit there the remains of a voung lady, named Fleming, then just deceased. This was communicated to the plaintiff, who remon strated repeatedly with the defendant upon the sub ject, as did also the other parties to whom the de fendant had made hnown his intention. The de fendant, however, persisted; and accordingly he had the vault opened, and the corpse of Miss Fianing deposited in it. The plaintiff then wrote to the de fendant upon the subject, to which the latter sent a written answer, stating, that the vault was much larger than he had intended it should be; that the language of the inscription on the tablet was highly objectionable; and that the fee of 20/. for per mission to build the vault was far too small. He concluded by stating, that there was plenty of room in the vault now, both for all the plaintiff's family, and for himself also ; and by requesting that if the plaintiff wrote again, lie would pay the postage. In consequence of this letter, the present action was brought. Verdict for the plaintiff—Damages, 50/. ; subject, of course, to a point of law that was reserved. WESTERN CIRCUIT.-1301)111N, AUG. 14. The Assizes for the county of Cornwall com menced this morning in this town (the commission having been opened yesterday). Lord Chief Justice BEST sat at the Crown side ; Mr. Justice BUR ROUGH at the Civil. The criminal calendar is not remarkable for any character of aggravated crime. The civil business is rather heavy, there being a number of actions which involve the responsibility of speculators in mining property in this neighbourhood. They are to be tried by special juries, and are the last on the list. Richard Fisher, a vapbond travelling tinker, was indicted for a brutal assault upon Elizabeth Flicks, a poor blind woman, upwards of 80 years old. The fellow had knocked at the door of the old woman's house, and used the name of another tinker, who was known there, to obtain admission to rest; but the old woman being alone, refused him; he, how ever, forcibly pushed in the door, knocked her down, and was only driven from the perpetration of a capi tal crime by her screams, which brought some neighbours to her assistance. The Jury instantly found him Guilty of the mis demeanor, and Lord Chief Justice BEST, after ani madverting in indignant terms upon the prisoner's brutality, sentenced him to two years' imprisonment and hard labour. BORGASE V. DANIEL.-PROFESSIONAL QUARREL. This was an action brought by the plaintiff to re cover damages from the defendant, for the use of defamatory words which were injurious to his cha racter. After some further colloquy, the Jury found a verdict for the defendant. SLEEP P. JENNINC3.-MINING RESPONSIBILITY. This was an action brought by the plaintiff, a working blacksmith, against the defendant, an iron founder, at Truro, to recover 11/. 12s. for work done by him upon the machinery of the Ruby-wheel Mine. Verdict for the plaintiff—Damages, 11/. I`,2s. NORTHERN CIRCUIT.—DURHAAI, Arc. 14. Ann Sanders, a young girl of fifteen was indicted for uttering a counterfeit half-crown, knowing the same to be counterfeit. The jury found her Guilty, and his Lordship sen tenced her to one year's imprisonment, and to find sureties for her good behaviour for the two next years. Ralph Malabar, a young lad aged 18, was in dicted for an assault upon Mary Wailes, the younger with an inter;t to commit a rape. The Jury returned a verdict of Not Guilty. Several persons expressed their joy by clapping their hands and hurraing. 1111- Justice BAYLEY censured them for their misconduct, and then, addressing die jury, said that they had perhaps done right, as in a doubtful case it was always safer to acquit. The bill for the rape was thrown out. The above was the last person tried. Several prisoners were dis Charged by proclamation, and the calendar was cleared. We are happy to state that in this county, as well as in Yorkshire, no person is left for execution: OXFORD CIRCUIT.-SIIREtSBURY, AVG. 15. moants v. DAVIE:; AND WIVE. (Continued from our Paper of yesterday.) This morningat eight o'clock, Mr. BaronVAtxmAN took hiu seat in Court. The case on the part of the plaintiff having been .clAsed last night, Mr. TAUNTON, in cqmmenciag his address to the jury on the part of the defendants, said, the question they had to try was, whether the plaintiff was the legitimate child of William and Mary Morris. Now ire would suppose that Mrs. Morris, the unfortunate lady wli : 4e Conduct occasioned the present trial, had been guilty of improper conduct in endeavouring to keep out of the way Ann Evans, a witners in this cause (though he would not admit she had done so) but he would suppose that Mrs. Morris and even Mrs. Davies bad been guilty of tampering with her, —ll3 would suppose all, and would then ask what had that to do with tile question they had to try ? Did it follow because they had misconducted them selves in the proceedipgs in the Court of Chancery, that Mrs. D. was not the heir-at-law 'to 'her father, or from any thing that had been said by thoe ii;it nesses, that the plaintiff was the legitimate child of Mr. and Mrs. Morris ? lie would ask, then, for what purpose was the time of the Court wasted (he usedfi,e word advisedly) wasted, with what took place in' the CoUrt of Chancery, but for the purpose of creating a prejudice in the 'minds of the Jury against the defendants, and obtaining a verdict on that pre judice? Mr.and Mrs. D. were not the only parties in terested in this ease. They had a numerous family of ten children. Mr. and Mrs. Davies had lived some time in the world, the best part of their life was run out ; but they had children starting into life, the estate in question was their inheritance, and if the Jury found a verdict against the defendants, they would not only consign theth to poverty fur the rest of their life, but reduce their innocent children to beggary. In stating this, he (Mr. Taun ton), was not speaking without his host, because the estate was settled on the children of the defendants; they had enjoyed it since 1810. Airs. Davies bad been brought up all her life in expectation of enjoy ing it ; and if they by their verdict destroyed that settlement, and took this property from her, they would take away that, the hope of possessing which had been her brightest prospect in life. He would now proceed to detail the real facts of the case, on which their verdict must be founded. His Learned Friend had only stated so much as suited the interests of his client, leaving the Jury in the dark with respect to the rest. His Learned Friend's argument was, that this Mr. and Mrs. Morris being man and wife, she was delivered of a child, which child was the plaintiff, and the plain. tiff was therefore entitled to inherit the property of Mr. Morris. With respect to the presumption of law on which this claim was founded—a pre sumption which be (Mr. Taunton) admitted—he should presently call the attention of the Jury to the subject. The Learned Counsel then proceeded to state the marriage of Mr. and Mrs. Morris ; that in 1778, and for several years, Mr. Morris continued to practise in this town as a surgeon and man-mid wife, which rendered him unlikely to mistake the appearance of a woman within six weeks of her con finement. On that marriage the property now in question was settled ; and it was not unimportant to know that it was settled on the male issue of that marriage; and it was, therefore, to a man in the situation of Mr. Morris, a matter of no mean consi deration that he should have a son to inherit and enjoy that property. Nothing could be more grati fying to him to know than that he had a son. In 1781 Mrs. Davies was born, and in the course of some few years after, some differences arose between Mr. and Mrs. Morris. How those differences were engendered he (Mr. Taunton) should leave the Jury to judge. His Learned Friend had represented them as the effect of chance; but he (Mr. Taun ton) should show that in the year 1780 a person of l the name of William Austin entered the service of Mr. and Mrs. Morris, and that he had not been long there before differences, which never before arose, took place. In consequence of those differences Mr. and Mrs. Morris separated, and a deed of sepa ration, to which he should have occasion to refer, was executed. But before Mrs. Morris went she took care- to take William Austin with her, and he continued to live with her at Llanfair, more like a master than a servant, until (by means which the Jury could imagine) a commission was purchased, and he became an officer in his Majesty's service. ' He (Mr. Taunton) did not wish to say any thing against him; for, bating his criminal connection with hie mistress, he believed by the kindly and affec tionate feelings that be had evinced for his son, the present plaintiff; he must have been a good kind of man. That this William Austin had lived in adulterous intercourse with Mrs. Morris openly as the master of the house, that he hunted, sported, had horses kept for him, and that the plaintiff was the offspring of that adulterous intercouse, he (Mr. Taunton) should prove so 'amply as not to leave a doubt in the minds of the jury. And when he had satisfied therm upon that head, he could assure them that there was nothing in the law of England so pre posterous and unjust as to force them to give a verdict in spite of their conviction and against their consciences. When Mrs. Morris was, in De cember, 1792, delivered of the plaintiff; the son of Austin, with whom she had some years before been living, they had it in evidence that the most anxious care was taken to keep Mr. Morris in ignorance of the birth of the child. That this child was taken away at that inclement season of the year at night, and conveyed a distance of 30 miles, to be deposited with Austin's mother, he (Mr- Taar.ton) should prove, that instead of being baptized as the son of Wm. Morris, Esq., this child was baptized by the name of Evan Williams, and with this addition, " a base child." He was brought up by Austin's father, and treated by William Austin as his child, feelings that on such an occasion spoke volum es . H e acknowledged him as his son, addressed him as his dear boy, paid for his schooling; and when Captain Austin went abroad (looking forward to an event which befel many of our gallant soldiers who went out to the West Indies), be made his will, and be queathed to the plaintiff all thA he had in the world. It was the misfortune of Wm. Austin not to be pos sessed of much property—it did not exceed 1004 But it was fortunate for this plaintiff that he was blessed with two fathers; he seemed to have a double inheritance; for having got all that Captain Austin, his real father, could give him, he now comes forward to get all that Mr. Morris died seized of. The Learn ed Counsel, after contending that the way in which Austin had treated the plaintiff proved to demonstra tion that be had considered bins as his son, went on to state, that as Mr. Morris was living at Argoed, it was impoisible for him to say that there was no ac cess ; but he was strong enough in this case to submit to the jury, that if Mr. Morris had been living in Llanfair,—nay, in the same house with Mrs. Morris, any thing even short of going into the same bed with her, the same consequence would take place that he contended ought to take place now. He ,would show, by every act of Mr. Morris's life, that he knew nothing of the birth of this child. In 1799 his daughter married Mr. Davies ; he was very much offended at it, and in the anguish of a disappointed father, lie taxed him with having robbed hitn of his only child. Would he have done that ifshe had had a son ? Would he not have taken refuge in time company of that son who hail never offended him, because he had never seen him. Would he not have flown to that son—have brought him home, and educated him in a way worthy to succeed to his ancient patrimony ? What was his conduct ? Why he made his will, disinheriting his daughter, and leaving all his property to a nepheW of his, called \Via. Morris. This was in 1799, when this boy must have been seven years old, an age when be could not have offended his father. At this period a temporary reconciliation took place between Mr. and Mrs. Morris. She returned, and resided with him for a short time, till he became reconciled to his daughter. On that taking place, Mrs. Morris re turned to her residence at Llanfair. He (Mr. Taun ton) should prove a declaration of Mr. Morris, about that period, taken with regard to the enclosure of seine property, in which he was interested, where he declared his daughter, Harriot, now Mrs. Davies, to be his only child and heir. In 1808 be made a second will, giving to her all his property. At that time the plainsifi 16 years of age, and in 1810 Mr. Morris died, the plaintiff never having, durieg his life, done one single act towards asserting his birth-right, which he now complains he is deprived of by the usurpation of Mrs. Davies. He (Mr. Taunton) defied any man to assign any sufficient reason for the c oncealment of the plaintiff's birth, if he had been the son of Mr. Morris. His Learned Friend had said that Mrs. Morris concealed the birth because she did not wish to go and reside with her husband again ; but comild the Jury suppose Mrs. Moiris 3 s taste Was so depraves ste to glory irm living in infamy with Austin ?. The witnesses foe the plain tiff all proved that Mr. and Mrs. Morris were most agreeable and welcome to each other; that they were happy together. Yet this was the woman who did not wish to go and live with her husband. The learned Counsel here proceeded to observe, that he should produce the [nest cogent evidence, in the hand writing of the Plaietiffilimself, of . the way in which he was brought into the world, and of which lie speaks of Austin being his father, and that, so late as 1820, when the plaintiff was 28 years of age. Ile knew that sonic remarks would be made about the way in which the pocket-book containing that en try had been obtained, but that was not a question for thesis now to decide : he knew that it would be said that that entry contained nothing ilut an ac count that the plaintiff had received from Ann Evans ; but the plaintiff would not have put it down if he had not believed it, and it was important as coining from Ann Evans, the person most likely to know who the real father was. The jury had heard that Mr. Morris had reason to suspect the .adulterons intercourse carried on between his wife and William Austin. If she was conscious of having that connexion with her husband that the witnesses had endeavoured to have inferred, would not Mrs. Morris have urged her pregnancy to her husband as the best proof of her innocence with Austin ? Would she not have said, "Here I have been slandered, and accused of a criminal intercourse with Austin for years ; yet the moment you visit me I am with child ?" But the witnesses for the plaintiff proved too - fnuch. They actually bring Mr. and Mrs. Morris together, and put them into the same bed when she was within six weeks of her delivery ; and yet it is asserted that she wished to conceal the birth of this child from him. The Learned Counsel here took u review of the evidence for the plaintiff; and pointed out the contradictions and falsehoods which he should prove the witnesses had been guilty of. The jury, he presumed, were satisfied, from the observations he had made, that the plaintiff was not the real son of Mr. Morris. His Learned Friend said, that might be so, yet they must believe him the legitimate son of William and Mary Morris, though not the real son. He (Mr. Taunton) denied that. For a short period a rule of law had existed, invented by the subtilty of lawyers, that if a husband was within the kingdom, a child born of his wife must be legitimate. But that was the ancient law of the land, it was an interpolation, introduced at a time when subtilty gained the as cendancy over common sense and justice. Bracton said that the presumption in favour of legitimacy must stand till the contrary was proved; the con trary therefore might be proved, and there were many cases affording such proof. And he (Mr. Taunton) took the law to be this, and he laid it down on authority higher than his own—" That if sexual intercourse be proved between a husband and wife, the offspring must be legitimate; and where there was a possibility of intercourse with two different men, the law would ascribe the offspring to the hus band, rather than the stranger." So, also, it would be without actual proof of intercourse, if opportunity of intercourse could be proved, unless it be shown that that opportunity was not taken advantage of.— In this case, it was impossible to say that no oppor tunity of intercourse subsisted ; but the presumption that the law made might be rebutted by facts and cir cumstances, to satisfy the jury ,on the whole review of the case, that it did not take place, not that it could not take place. Iu order to rebut the presumption of law, he (Mr. Taunton) relied on the plain and un equivocal facts of the case, on the concealment of the birth of the child, of the ignorance of Mr. Morris of its existence, and on the fact of Austin, the real father of the child, having provided for it. The Rev. John Bright produced the marriage settlement between Mr. and Mrs. Morris, dated the 17th of April, 1778, bywhich it appeared an annuity of 2004 per annum was secured to her on his death, and the estate limited to the first and other sons, issue of the marriage. Mr. Francis Allen, an attorney, of Welchpool, produced a deed of separation between Mr. and Mrs. Morris, dated the 22d of May, 1788, reciting that differences had arisen. The property settled on Mrs. Morris by this deed was valued at 4001. per annum. Mr. R. Harris, from Doctors'-commons, produced the will of the late Mr. Morris, disposing of all his property to his nephew ; and also a subsequent will, dated December, 1808, in which the testator descri bed Mrs. Davies, the wife of the defendant, as his only child, and bequeathed to her all his property. Mr. Francis Allen being recalled, stated that he was employed by the testator to make his last will in 1808, and that in giving him directions for that pur pose the testator said that by his marriage settle ment the property Ncas settled on hii male issue, but that he had none. Mr.. Baron VAuGHAN baying expressed a wish to put another titielitton to :rare. ILaoyd, who was examined yesterday, Mr. Whately now informed his Lordship, that Mrs. Lloyd, of Garthllyd, was in attendance. On her examination by Mr. Baron VAUGHAN, she stated she never remembered meeting Mr. Morris at Mrs. Morris's at dinner, in company with Dr. Price and her husband. Mrs. Morris and her hus band were very intimate, and the witness was fre quently in the habit of visiting Mrs. Morris in com pany with her husband. Mr. William Morris.—l am the nephew men tioned in the will of 1799. I remember Mr. Morris's death, and attended the funeral. Mrs. C. Monis, widow of Mr. Philip Morris, brother of Mr. William Morris; Richard Reece, who lived with Mr. Morris at Argoed, as wagener, in 1790; and Mr. Richard Bennett, who lived with Air. Morris for twelve years from 1791, never heard of his having a son. Edward Nicholls remembered being at Argoed, when he overheard a conversation between Mr. and Mrs. Morris : when he accused her of having had a child she denied it, and said she had never had any but Harriet, the defendant's wife. She wished the devil might take her of the earth if she had. Mr. Baxter, a surgeon at Montgomery, knew Mr. Morris in 1781, Mr. Morris was surgeon to the in firmary ; he was in practice as a surgeon and mid wife in 1792; I attended Mr. Morris professionally, and during the last five years saw him two or three times a week; he was in a very bad state of health. I never knew of his having a son ; there was a re port that there was a son of Mr. Morris; which I mentioned to him; I received a letter on the sth or Gth of August, 1808, from Mrs. Morris, enclosing one to Mr Morris ; I took it, and told him I had a letter for him ; he refused at first to receive it; read it to him, and threw it in the fire. I stayed with him above an hour; I said, I understood that he had a son, he declared he never had; he knew nothing of Mrs. Morris having a son. Cross-examined.—Mr. Morris's health was very good when he first went to Argoed; Mrs. Morris was a very fine woman. The deposition of another witness was then read, relating an occurrence of Mr. Austin laying down on the same hed with the deponent and Mrs. Morris for several hours ; that she believed nothing criminal took place between them, and that she had seen Mrs. Morris go down upon her knees, and heard her declare that she had never known any man but her husband Mr. Morris. Thomas Coffey lived with Mrs. Morris at Llanfair ; he knew - William Austin ; he hired wit ness. Austin took his meals with his mistress; he usually dined in the kitchen ; I have seen him con tinually at dinner with his mistress. He slept in the best room. He kept his clothes in mistresss wardrobe. The witness and the other servants called Austin, Master William. He kept 10 or 11 dogs—greyhounds, terriers, pointers, and all sorts. He went coursing and shooting with these dogs. He rode mistress's mare. I know the plaintiff; he is as like Austin as two candles can be. Cross-examined by Mr. WHATELY.—What, is he like this gentlemanj—(p i ointing to a gentleman who was standing up.) The , ! - t ritifcs; takh4 it for granted that the gentle. man iylAo stood up was the plaintiff, said, " Yes." It turned out that he was not the plaintiff, which excited great laughter. The witness then on a se cond attempt pointed out the plaintiff. Mary Latham.—l am 54 or 55 years old ; I lived with Mrsc Morris at Llanfair : I went. Owe in December 1790, and ief the latter end Of August 179 V. William' Austin lived there : he slept in the best bed-room; Mrs. Morris called Austin sometimes Mr. William; sometimes " Billy ;" he had a good head of hair ; and Mrs. Morris took great pains with it; - she used to comb it twice a, week, and tied it up in three plats ; she took care of his linen also. In consequence of two ladies sleeping there, some changes of the beds took place ; I went up stairs to ask if Mrs. Morris wanted any thing in the morning, and I found William Austin in bed with her,. Jaw Mrs. Morris when she was very large in the family way a short time before Christmas. The deposition of James Wilding was then read, stating that he kept a school at High Ercombe, that the plaintiff was brought there when about ten years of age, by Wm. Austin, and introduced by the name of Evan Williams. The deponent did not know who paid for his schooling ; the money was always sent by means of a lady in the neighbourhood ; the plaintiff said Mrs. Moms was his mother ; that was after she had cast him off. The plaintiff remained at the deponent's school for a year and a half with out payment. On sending the bill to Mrs. Morris, she replied in a very trimming letter, refusing pay ment, and saying she might as well pay for Austin's children at Manchester. The Rev. Richard Walker, curate of Wein for 35 years, produced the register of the baptisms at Wern, and read the following entry : " Evan Williams, a base child, was baptized Jan. 11, 1793." Then followed a note by the rector to the follow ing effect :—" Supposed of Austin's, a weaver of this town, son.", The plaintiff was at my school; he was sent to school by old Austin, his supposed grandfather; he entered the school by the name of Evan Austin. Old Austin paid for his schooling till he left. Some people called him Evan Williams. I knew old Aus tin and his wife ; they were in very low circum stances ; she survived him four years; and I gave her many a shilling, which she received with thank fulness. Mrs. Tong.—My maiden name was Kearswell; I have been married two years; I first saw the plain tiff, in 1805, at Captain Austin's house, at Wein ; his father and mother lived with him while I was there, the plaintiff was brought home from Erioll scholl; he came home to see Captain Austin before he went abroad; Captain Austin brought him into the parlour; he saw Evan go up and kiss these two ladies; the other lady was Mrs. Morris; I remained at Captain Austin's some weeks; the plaintiff called Captain Austin " Sir," and c-c Captain ;" Captain Austin was fond of him ; Austin gave me some di rections.about what was to be done with the plain tiff when he went abroad; he said he was uneasy about leaving him, and made me promise that he should always spend his holidays at my father's ; witnessed Captain Austin's will: it was made at Wem. The will of Captain Austin, of the 90th, Foot, was then read, bequeathing all his property to the plaintiff. A letter, in the hand-writing of the plaintiff, ad dressed to the witness Mrs. Tong, calling Captain Austin his father, and inquiring about him, was then put in and read. Mrs. Tong re-called, and proved the hand-writing in a pocket-book now produced to be the plaintiff's. Mrs. Paine, of Oswestry—My husband is a shoe maker. Mrs. Mary Evans, who was examined yes terday in Court, rented a house next door to us. It is about four years ago since she left. She has said to me several times, that if the plaintiff gained his cause she was to have 60/. a year for life. When she came from London, I asked her who she was for, she said she should be for young Austin. She always called him young Austin to me. She told me that Mrs. Morris had a child by Austin, after she parted from Mr. Morris. My son -Richard was pre sent when Mrs. Evans told me she was to have 60/. per annum. Richard Paine, jun.—l am son-in-law of the last witness, and remember Mary Evans living at Os westry. I heard her say that if Austin got the trial, she should baVe 60/. per annum for life. A great number of other - witnesses were examined, but they only proved the same facts. The defendant's case being closed, Mr. Sergeant RUSSELL now called the following witnesses to contradict the assertion that the plaintiff was like William Austin. Lieutenant Charles Prince •said he knew Capt. Austin well; the plaintiff is not at all like Captain Austin. Mr. George Walmsley.,—l knew the late Captain Austin, and Mr. Morris, tne - pi.intstr ht this action ; ' there is not the slightest resemblance between them. Joh►► Charles Tucker Stewart, Esq.—l am on the half-pay of the army. I knew the late Captain Austin, and served in the same regiment with him. I knew him intimately; he was a subaltern in my company; I saw Mr. Morris, the plaintiff in this action, at the last trial ; I was then on the Special Jury ; there is not the least resemblance between Captain Austin and the plaintiff; I saw Capt. Aus tin last in 1795. Mr. TAUNTON having replied on this evidence, the Court adjourned till eight o'clock to-morrow morning. During Mr. Taunton's speech, Mr. Sergeant Peake, who was with him for the defence, fainted from the excessive heat of the Court; he subse quently returned, and resumed his professional duties. It was observed that a sinfilar accident happened. to him in this very Court some years ago. ASSIZES.-(RECEIVED THIS DAY.) NORTHERN CIRCUIT.--..NEWCASTLE-UPON-TYNE. WEDNESDAY, AUG. 15. The Assizes at Durham having finished about two o'clock this day, the Judges, Sir JOHN BATLEY and Sir JOHN Hummer, left the town in their travelling carriages and four, and proceeded here to open the Commission for the town and county, and county of Northumberland. At about seven o'clock in the evening their Lordships were met at Gateshead by the Mayor and Sheriff of this town, Dixon Dixon, Esq., the High Sheriff of Northumberland, in his state carriage, drawn by six horses, and led by pages in their state liveries. The procession was preceded by upwards of 300 horsemen, amongst whom we noticed Sir Matthew White Ridley, and Matthew Bell, Esq., m.p., and tie carria g es of many of the gentry brought up the re ar . Their Lordships, on entering the town, repaired to the Town Hall, where the Commission for holding the Assize of Oyer and Terminer and Nisi Prins was opened in due form ; after which they proceeded to the County Court, where the Commission was also opened. Their Lordships then adjourned to the Mansion-house. The calendar consists of eleven prisoners, out of which number nine are for the town of Newcastle, and two for the county. Their offences are not of an atrocious nature, being chiefly for housebreaking and stealing from the per son. The cause list for the county of Northumberland is expected to be very heavy and interesting. Arrived at Gibb's Hotel,--the Right Hoag. Earl and Countess of Mansfield, the Right Hon. Lady Elizabeth Murray, the Right Hon. Lady Georgina Murray,. the Right Hon. Lady Louisa Murray, the Right Hon. Lady Caroline Murray, the Right Hon. Lady Cecilia Murray, the Right Hon. Lady Amelia Murray, and the Right Hon. Lord Stanhope Murray, and Miss Barnett; Samuel A. Welsh, Esq. ; Patrick Grant, Esq. and Charles Grant, Esq. ; Colonel Cooper Gardiner, Notts; John James Ruskin, Esq. and Lady ; Dr. Peddie, Antigua; .1. E. Vivian, Esq. ; ROY. T. C. Winscom and Lady, awl Miss clutterbuck ; George Hawkins, Esq. and LAdy ; Dr. Arnold, New York; Shatolos Leigh, Esq. and Lady ; William Snow, Esq. ; Rev. Maxwell Gordon. and Lady, Foveran, Aberdeenshire; B. Lindrum, Esq. ; Thos. Reid, Esq. ; Cylonel Russell ; Crackenthorpe, and Ansa Craekentborpe, Westmoreland ; Edward liraler, Esq. Set off from the same place,—General Sir D. Baird, Bart. and Lady Baird, Miss U. Baird, and Miss Sydney Rennie; the lion. Colonel Elphinston; Thomas George Corbett, Esq. ; Colonel Hugh Bailley, 82d Regi ment; Major-General Mama; John' Morshead, Esq. and W. 11. Unwiti, ; Captain C. Heise ; Dr. Peddie, Antigua; Wriiton Beecher, Esq. and J. M. Wrixton, Esq. ; James Maury, Esq. Miss Maury, and Samuel Williams, Esq. ; Robert Pryor, Esq. ; Joseph Fairman, Esq. ; W. J. Crowfoot, Esq. ; John Robertson, Es. ; Fisher, Esq. ; Rev. Dr. Forbes, Miss Forbes, and Miss Rose; George Hawkins, Esq. and Lady; R. Lin drum, Esq.—Xdinburgit Weehly Chronicle. A YOUNG SHARK.---A young shark was, on Saturday, observed swimming in shallow water amongst some rocks near Carolina Park. After firing a few shots at it, the individuals who discovered it succeeded in getting it dragged ashore. It was found to measure five feet ifl !PO; the tUidtrj4w-ligne Pgmwin tyio fvet,lairScvirnan. FOREIGN INTELLIGENCE. FRENCH PAPERS. (From the Gazette de France, of Wednesday, Aug. 15.) - - PETERSBURGH, JULY 28.—Foreign Journals, on the credit of pretended letters from Odessa, announce the speedy conclusion of peace with Persia, but we know nothing of it here ; the preparations of the Government, and the manner in which the war has been carried on, rather seem to pre sage that it will be of long duration. The op4rations of this war, for more than a year past, have led to no result. Every body agrees in ascribing this to the measures of Ge neral Yermoloff, who had entirely neglected to form maga sines, and at the same time had displeased the inhabitants and the authorities of the country by many outrageous acts. But the measures of General Diebitsch, his Majesty's Aide de-Camp, and of the new Officers employed in the Com missariat, who have been sent to the provinces beyond the Caucasus, have at last restored order, and we may confi dently expect soon to hear of great successes. It is gene rally believed, that by the treaty of peace we shall obtain the cession to Russia of the province and city of Erivan, as- far as the left bank of the Araxes. The inhabitants show the greatest eagerness to implore the protection of our Sovereign. PERPIG NAN, Auo. 7.—( Private Correspondence.)-- A band of 600 or 700 men, who are designated by the name of Carlists, appeared before Olot, and demanded that all arms and equipments should be delivered up to them, and also 100 quadruples. They were at first refused ad mittance, but after a fire of musketry which lasted two hours, they entered. ON ALGIERS. PARIS, Aug. 14.—One of our subscribers writes, as on occasion of the affairs of Algiers, a letter which we publish with pleasure —not that we partake either of the opinions or the hopes of our correspondent on the grave questions he discusses—but because it is impossible for us not to receive favourably the new and patriotic ideas his letter contains. Vire appreciate too highly the immense advantages of the peace which we enjoy, to adopt projects which would at least have the disadvantage of inter• rupting its course. As soon as Algiers had the im pudence to attract the attention of France to its walls, policy and religion have conceived that they were on the eve of a triumph. They beheld in a disgraceful neighbourhood only a glorious booty. Many sensible per sons have partaken the views, we may say the generous illusions, of the author of this letter. Let us rather hope that fatality will not urge imprudent aggressors any farther, and that the fortune of France will not be tempted to suffer itself to be seduced. After the glory of obtaining a just reparation for the King's flag, there is no other to be de sired by France, as by all the Governments of the 19th century, than to maintain the general peace of which na tions have so much need, which is more advantageous to civilization than the finest conquests. In this letter, which is of great length, the writer re commends the conquest of the country, where lie would found Colonies. He asserts the justice of the measure by virtue of the law of retaliation, the Koran hav ing given to its followers this commandment, which they have obeyed—" Exterminate all whom you do not con vert !" He thinks that, though the expellee would be considerable, an army of 25,000 men, including 2,000 heavy cavalry, would be fully sufficient to overcome aIL the force of the Beys, which cannot exceed 20,000 bad troops, for the inhabitants would rather join the invaders. Foreign Powers need not be very jealous, as France has but few colonies, and by this conquest of Barbary, would secure Spain, Portugal, and Italy, and be a great relief even to the states of the North ; for where is the nation that has not a share in the danger and the disgrace? All the nations of Christendom contribute to fill the slave markets of Algiers—all pay to the Pirates a tribute like that which the Greeks paid to the •Minotaur. • (From the Journal des Debats. ) Lisawq, JULY 28.—This dismissal (of the editor of the Lisbon Gazette) is only a prelude to others, which the events from the 24th to the 28th must occasion. We are in the meanwhile in a state of tranquillity, which. however, is only owing to the arrangements made on the evening of the 27th, between the Ministers and the gar rison, and to the reciprocal fears of the two parties ; for they do not know what effect the dismissal . of Saldanha will produce in the provinces, and particularly in Oporto, where he has a powerful party. This is the real cause of the present apparent tranquillity. Nevertheless, there are still some assemblages in the streets. The patrols confirre themselves to exhorting the people to disperse, but exercise no violence. Indeed, the feeling of the troops corresponds very much with that of the people. It is reported that all the Ministers, with the exception of Count Da Ponte, have sent in-thor rosignatidna. liastniy, the Intendant of police, it is said, is very anxious to retire from office. This seems to announce serious fears as to the conduct of the Pro vinces. What has particularly contributed to rouse the indignation of the inhabitants of Lisbon is, the belief that General Saldanha was to have been assassinated h a d the Princess Regent signed the four decrees of dismissal which. lie conveyed to her. During the 21st and 22d, while General Saldanha remained at Caldas, awaiting the deri sion on this business, parties of six or eight horsemen, com pletely armed, were met at several points on the roadsfrom Caldas to Lisbon. "Pius, Aua. 13.—The subscription proposed by lii, C. Dupin, for a medal to the memory of Mr. Canning amounted yesterday to 4,500 francs. (From the Conatitutionnel.) " LISBON, JULY 30.—Since the evening of the 28th, the collections of people have become less numerous. The patrols of cavalry, which run through the streets in evert sense of the words, without exercising any severity upon the citizens, are contented with making them separate in tranquillity. " The date of the decree (July 2S) for the dismissal of Jose Liberato Freire de Carvalho, from the situation of Editor of the Lisbon Gazette, shows the great importance which is attached to it, since an extraordinary courier w as yesterday sent to Caldas to obtain the dismissal of an Editor of the Gazette. The Princess was made to sign the decree in haste, and the courier to return with it to Lisbon at the same day. The journey there and back is about forty French leagues. " The Comte de Villa for, who has been appointed! Commander-in-Chief of the armed force at Lisbon, has lost, by the conduct which he pursued on the 26th, 27th, and 28th, all the popularity which he had acquired during hie command of the army of the north ; and what has con tributed most of all to make hint lose it is, that although the assemblies were composed for the most part of the elite of the people of Lisbon, they were in every quarter treated as nothing else but assemblies of the canaille. , c We are assured that the Ministers have taken ►zpon themselves the responsibility of giving a false slate to the decree from Callas, for the dismissal of M. 2ars fa y,,, , see i n g that there is no telegraphic despatch in Portugal, and that the post is not conducted in that country in such a manner as to enable any person to receive in the evening ass answer to an article published at nine o'clock in the morning, at Lisbon. " The Count da Ponte, the new 111ini5ter at War-, is looked upon hoe as the confidential agent and instru me nt of Sir W. A'Court. " PAais, Auo. 13.--The serious disturbances whiels have broken out at Lisbon during the last days of July, and the display of public opinion in favour of the disgraced Minister, are a manifest proof that the representative system has in that country more partisans than men generally sup posed, and that the fear of re-actions, which have weakened it too long, has contributed to strengthen that idea to its disadvantage. It would b e i ncre dibl e, i n d ee d , t h at citizens, who have submitted to a Constitution granted to them by their legitimate Sovereign, should be alarmed for the con sequences of their obedience, whilst the party which has resisted the will of the Monarch, and against which they have long fought, derived every advantage from a struggle so long and so obstinate. This situation is very extraordinary, we must admit, and we ought not, therefore, to be astonished at the agitated state of men's minds in Portugal. The tendency of the new policy is dis closed by certain facts. In Spain, it is clear that its osten sible object is to obtain greater moderation In the absolute system , • and in Portugal less latitud e i n the constitutional system. Thus it constantly , happens, andatL that isbon a Madrid it is m am t ongthecon_ s a tit o u n ti g oa t a ll ip A a P rt c y sl , 6 th c a a t i the greatest resistance is found. In Spain, the cry is s Success to the Inquisition ;' and in to the Constitution.' In the 'first place, it is Don Carlos for ever,' and in the latter, Don Pedro.' To de rive an harmonious result from such discordant ingredients, v e i fi d es re s s o e l n u t t m io e n n , ts b ? t ea he us av e b d: lh nt passions, and the inveterate hatred of th e i r i n h a bit ants . c a o p u p i e l a tr r i s es to ar i e is e a e I e p b r i o • a b t l e m d fory which Consequences can alone prove whether it be p oss ibl e t o h o ld bAween the two parti es w hi c h exist i n th ose countr i es am el t c e v equal balance, to maintain union and peace its the midst of all the elements of trouble and discord, and to inspire confi dence in the midst of all the causes for alarm and distrust." We understand that Count CAPO is not arrived in England as the future Representative of the Greek Government, but only with a view to ascertain the feelings of the British Ministry with resp ec t to hi, v l e c, tipil Regent of Oreece.,....Xintes, PRIC Anglo M Flolanos Brazilian General United A United ( Bank Stool, Consols 3 1 Gov. 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