The Sun. — London, England, 1827-02-23 00:00:00

PRICZ OF IRISH 1,112 1 k Stack L onso„ 4, 3 per cent SOVi uov. St o ck 314 per cent S(i‘i . Ditto, New ' St; Fi 4 pc' Cent. 43 „?/. Deb. 334 per cent ......... SS " 4 141 Canal Stock Grand Canal Stock -- City Deb. 4 per cent. S 9 I; Ballast Office Deb. 4 per cent. TOCKS, FEB. 20. St. Patrick Incur. (per share._ Royal Irish Ditto — National Ditto — Patriotic Ditto — Hibernian Bank — Provincial Ditto Royal Irish Mine — Imperial Mine — Mining Co. of Ireland 2 4 i.i. Commercial Buildings — FOREIGN EXCHANGES ON LONDON. AMSTERDAM, Fes. 20.-12f..—Two Months, 11f. t)t. HAMICRUH, Fan. 9;',.—Two Months, 3C5.6 . PETERSDURGH, I'En. Listnic, FRB. 9.—Three Months, C. 13ERLIN. rue. 13.—Three Months, 6. 28%. VIENNA, FEB. 7.—Three Months, 10. MAILS. Arrived, Due. Arrived. Due. O America 1 0 Guernsey &Jersey. 1 O Brazil 1 0 Hamburgh O Buenos Ayres O Donaghadee ... ...... 0 0 Jama ica I Dublin I Flanders 0 0 Lisbon 2 1 France O Gottenburgh I 0 Water f or d 0 ___ ---_ _ H IGH WATER AT LONDON BRIDGE TO-MORROW. Morning 49 minutes after 0. I evening IS minutes after I. 1 1) P i:,,:i,"rj . :;zl , • " 46, LONDON, FRIDAY EVENING, FEBRUARY 23, 1827. Mr. CANNING had the honour of a long interview with hia MAJESTY yesterday, at Brighton. The Right Hon. Gentleman was conveyed to and from the Pavilion in a sedan chair, and remained with the KING from two till four o'clock. It was reported at Brighton that his MA JESTY would come to town for a few days. Lord DUN GLASS and Lord HOWARD left Brighton yesterday, for London, but it was said that they would soon return. Lord DuNGLASS had set off the day before, but, when he had got a few miles on the road, he was sent for back, probably owing to a message from the KING, which led to th e interview that took place yesterday. The French Papers of Tuesday, and the Etoile dated Wednesday, have been received. The Law on the French Press still occupies the attention of the Char hers, and the solicitude of the French people. A great part, however, of the odious restrictions upon the liberty of the Press, has been softened down by the manly opposition of the Liberal Members, aided by the indignant remarks of the public Journals, and the sympathy of the people. The Chamber i s now occupied in discussing the Amendments. To one of these proposed by M. de ST. CHAMINS, that during t he five days of deposit, and before publication, it might he lawful for the public prosecutor to bring the work before the tribunals and to seize it, M. DE VILLELE, much to his honour, objected, on the ground that it amounted to a censorship. " The proposed clause," he said, " had been taken into " consideration in the Council, where the project of law was " prepared, and had been rejected as a preventive measure. " The publication of a work constituted its offence. This " preventive measure, this censorship would by the present " amendment be rendered perpetual. Such a measure could " never be reconciled with the forms of a Constitutional " Government, which rest on opinion and publicity. The I( necessary influence of opinion on the powers of society " could not be always alienated : limits might be put to it when extraordinary circumstances required it—but ex " traordinary measures ought to cease with the occasion " which justified them." This is taking a liberal view of a question which ought always to be treated with great delicacy. The moral im provement of a nation depends upon the influence of an enlightened press upon public opinion ; and no Govern ment which wishes well to the people can honestly object to the free expression of manly sentiment upon subjects in which all are more or less interested. The occasional ebullition of petty feeling in a harmless tirade only serves to carry off that spleen, which, if suppressed, might en gender animosity, till accumulated wrongs, fancied or real, would burst out in a more serious manner. It is idle for OUT Continental neighbours—that is, the ultra portion of t hem —to hope, by any sinister arts, to withhold from the People the exercise of that free opinion which reason and the bright example of English liberty tell them they too cllght to inherit, and have an undoubted right to enjoy. But Prince METTERNICH is of a different opinion ; and it now turns out, as we before suspected, that he was at the bottom of this attack on the liberty of the French press, pre- Paratory to some further encroachments upon the liberty of the people. But happily for the honour of the French nation, Prince METTERNICH has been frustrated by the spirit of its Senators, an d t h e patr i ot i sm o f t h e F renc h A ca d emy . Il ' 4 grand object seems to have been to suppress the Publication of the Parliamentary debates—thereby virtually acknowledging that the acts of the Government w ere of two ques tionable a nature to stand the test of public opinion.T W e th i nk t h at t hi s G erman Minister ought, from his r- n experience, to have understood human nature better, but his destiny seems to be—not to act in sym - P a tuY with, but rather in opposition to, the spirit of the times . The following are extracts :—•-• P ARIS, (Jerom the Journal de Paris of Tuesday.) "I', FEL 19.—Our correspondent at Vienna writes to us as follows, under the date of Feb. 9 pfoot tspatches, su p pose d to b e re l a ti ve to the negociation set on favour of the Greeks by the Ambassadors of England and terrae,.have be en sent to t h e B a - on d'O tten f e l s , th e Imperial In nunreceived m e at Constantinopl e . O n th e o th er h an d l e tt e rs have been a _ from Pera, which say th a t th e o pini on of se veral diplo matic who reside in that suburb is, that the Marquis de Rtieil) characters, auiiierre will demand in the first instance, that the rrotec torate of Greece shall be giv e n to his Sovereign eiteltisively, but that he will aft er w ar d s d es i st f rom t hi s protect i on , an d w ill put the last hand t o th e p ac ifi ca ti on o f t h at country, on o b ta i n i ng i n the _r lupelago, or perhaps in the M e diterr a n ean , a poi n t wh ere the hip' , of war may rendezvous which th e R uss i an G overnmen t may think fit to send to those seas. PARIS P (From the Pilote.) the overilowing En ' 19 The Journal of the Two .Sleilies states that of—the Nile has filled the inhabitants with great hopes respectpiniganttahet.ionext. crop of cotton, but that it has destroyed all the sugar eery to have recourse to n Upper Egypt, so that it will be fleets- Letters from P• 1 Gaetano Abele, ain° o importation for the internal consumption. , of the 25th nit., say, that Chevalier de troubles in accusedl of being one of the leaders of the revolu tionaryprison in which be 02 . 0, and who had attzirpted to blow np the death, and exetuted. Nlsneoufined, has just been condemned to tary confinement for d hi, accomplices were sentenced to soli their guilt. Richard Tti effer ent periods, according to the degrees of co ndemned to death for his share in the same conspi racy, h 5, had 11 ' 3 sentence co mmu t e d b y t h e King to hard labour for li fe. (F ro m the Quotidie, of tedlieoenza, died last night at of ujs illness. M. de Caulincourt, th e D uke .v?f Tuesday.) g tahnuka!y, Paris, in consequence of a long and The Austrian troops, on the 26th fourteen cavalry, ing,:o m of Naples. iu motion for the purpose of evacuatine put themselves who form the The 9,600 men of infantry and 2,800 Army of Occupation, are divided into tiro arrived at Rome on the 7th Februar, column.. The pected there on the 7th of March. and the last is ex- An assassination was committed at Lugant on th e 1 ' It was pe r p e t ra ted on the person of Mr. John Daub s : 'Thltan holder, wh o rece i ve d thirteen wounds with a k n if e ; , h ,..a land was afterwards thrown into a ditch filled with water. cor p s e (From the Constitutionnel.) PARIS, FEB. 20.—We have already said that the project o f law brought forward by Peyronnet against the press was not a single instance of the attempts to suppress that organ of our liber ties, but that it was linked to a long chain of oppression, the au thors of which have been clearly pointed out by Messrs. Royer Collard, and C. Latour, on a late occasion. In fact, it is nothing less than the fulfilment of an engagement entered into with Prince Metternich on one side, and the Pope on the other. The first blow being once given, Metternich could easily recur to his plan of suppressing the publication of Parliamentary debates on the Continent. But though our Ministry may have aided him in his favourite project, we doubt if the same complaisance will be found on the part of the enlightened and independent Monarchs of the Netherlands, Bavaria, and Wurtemberg. Metternich has vaunted in his salons that in a few weeks the work would be accomplished, alluding to Peyronnet's law, and the Duke de Laval has made a communication to the same effect to his Holiness, and received in return the felicitations of the Sa cred College. A letter from Madrid says, that this good news has been re ceived there with transports of joy, and that faithful to the lessons given by Moustiers, the Council of Castile was preparing to march in front of the French Ministry, by adopting some such measures. It may he recollected, that in the month of March last, the Mar quis de Valverde made proposals to the Council of State for the restriction of the liberty of the press. The same Statesman has now remonstrated very strongly against permitting the editorship of the Madrid Gazette to continue in the hands of two Afran cesados, Gonzales and Reynoso, to whom it has fallen. FRENCH FUNDS, FEB. 20.—Rentes Five per Cents., 101 f. 25c. 20c. 25c. 20c. 25c. 20c. ; Three per Cents. 68f. 60c. 65c. 70c. ; Naples Rentes 71. f. '7sc. SOc. 90c. ; Rentes d'Espagne 1 I Royal Spanish Loan, 53 ; Haytian Loan, 640 f. Exchange on London—One month, paper, 25f. 40c. ; money, 25f. 40c. ; Threw months, paper, 25f. 25e. ; money, 25f. 25c. THE EARL OF LIVERPOOL. It gives us great pleasure to state, that after enjoying a good night's repose, the NOBLE EARL awoke in a very composed and comfortable state, having also recovered a little strength. At twelve o'clock, Sir ASTLEY COOPER, Sir HENRY HALFORD, and Mr. TUPPER arrived, and at one, the fol lowing Bulletin was issued : " Fife House, Feb. 23. Lord Liverpool has passed another goof night, and is still a Ale better than he was yesterday." It appears by the Dublin Morning Register that the trial of Mr. Slim has been postponed to next term—the SOLICITOR-GENERIL expressing his intention of removing it by certiorari to the Court of King's Bench. This will give Mr. SIIEIL a week longer to prepare his defence. — The particulars will be found in another column. We received this morning the Allgemeine Zeitung of :he 15th, Hamburgh Papers of the 17th, and Dutch of the 21st instant, but their contents are unimportant Our City Correspondent informs us that by private let ters received this morning from Paris, Russia and France are stated to be greatly dissatisfied with the conduct of the Court of Madrid, in regard to the affairs of Portugal, and on Tuesday last the Russian Ambassador at Paris sent off an express to the Russian Ambassador at Madrid, desiring him to unite with Mr. LAMB in his remonstrances with the Spanish Cabinet on the subject of Portugal. They may remonstrate, and FERDINAND may promise; but the Priests will do what their Master is afraid or ashamed to avow. Tim proceedings last night in Parliament were interest ing. In the 'House of Lords, Earl BATHURST moved that the order for the consideration of the Corn Laws on Monday next be discharged, in consequence of the illness - of Loan LIVERPOOL, who was to have stated the subject to their Lordships. The Noble Earl intimated at the same time that Resolutions explaining the measures to be proposed by his Majesty's Government would be submitted to the House of Commons on Monday. His Lordship expressed his intention to oppose any thing like a general inquiry into the state of the Corn Laws, because they had already been discussed so often, and because their Lordships knew more upon the subject than they could learn from any witnesses that could be called before them. To an inquiry of a limited extent, however, he thought there could be no objection. There were, he conceived, two questions to be considered—first, at what rate the home grower could bring his corn into the market; and secondly, at what rate the foreign grower could supply us with corn; and upon this latter point Government had sent a person abroad to make further inquiries as our knowledge was not perfect. In the Commons Mr. PEEL brought forward his motion for the Consolidation of the Criminal Law. The proposed improvements were included in four Bills :—The first Bill had for its object to consolidate and amend the laws rela tive to the various offences under the head of larceny— The second Bill the consolidation and amendment of the law relating to another class of offences, consisting of ma licious injuries to property—The third Bill was to com prise in one Statute all the provisions of the law, now scat tered through our Statute Book, for recovering damages and compensations from the Hundred—And, the fourth Bill was to be a repealing Act. In order that he should not incumber the three first Bills with unnecessary repeti tions of clauses, he proposed to reserve this fourth Bill for the repeal, in one view, of all the Statutes, or parts of Statutes, as would be superseded by the preceding Bills. Thus the three amending Bills would Dot be incumbered w ith any unnecessary provi s i on or exce p tions. Hon. Gentleman made a very speech in detailing Right lumin ous the particular nature of these improvements, and a ccived repeatedly the applauding tribute of the House re his manly, candid , and meritorious exertions, for improv i ng to the Criminal Law s, b y condensin g their spirit, while he increased their practical efficacy. We have so often touched upon these points that we need only refer the reader to the speech of the Right Honourable Secretary. One point, however, deserves our particular notice—the great simplicity and clearness which Mr. PEEL proposes to introduce into our Statutes—for this will render them in telligible to all whereas at present they are often scarcely understood by many of those who have devoted years to their study and practice. Mr. HOI3IIO USE expressed himself in eery high terms of the great benefits which the Right Hon. Gentleman was conferring upon his country, by his unostentatious but use ful labours. He said, that a more splendid fame than that which attended his present course, could not be acquired. " The lasting reputation which it would be his happy fate to enjoy with posterity, and to have stamped in the page of history, it was his good fortune to see realised now, in the approving testimony which the whole country concurred in bestowing on his services. This was a fame which nothing could destroy or abate." Next to the consciousness of doing good, must be the gratification of knowing that the intention is duly appre ciated by those for whom the benefit is intended —and this Mr. PEEL enjoys in its fullest extent. He can wish nothing more. We regret to observe that the SPEAKER had become so much :indisposed last night, as to be unable to sit any longer—the consequence of which was, that Mr. HusrE's motion respecting the mutiny at Barrackpore was post poned to this day, when the Right Honourable Gentle man is expected to be able to resume business. As it frequently falls to our lot to censure Mr. HUME, we can assure the Hon. Gentleman that we are equally alive to his merits. His conduct towards the SPEAKER argues the possession of good feeling and consideration for others, and leaves a more pleasing impression on the mind than that endless system of abusing men and measures to which he seems systematically addicted. FUNDS-(TITIS DAY). CITY, Tußlve o' This morning Consols opened at 824 y, and were immediately after done at 83, but in consequence of some considerable sales made by persons desirous to realise their profits, gradually receded to St i I, and 82,i for next time ; the fr.tal effects of the present account have already made their appearance in the House, by the failure of a Jobber of considerable consequence ; and i❑ expressing our regret at this event, which has happened to a party much re spected, we fear this is only a prelude to several more. The scarcity of money Stock still continues, and as capital seems to most abundant, the Bulls, for a rise, sweep off the market every lot of money Stock that makes its appearance. In this state it is impossible to say to what price the speculators may he able to ad vance the Funds, and much difficulty will be felt by the Bears, who have in the late account suffered so severely. India Bonds and Exchequer Bills fully maintain their price, the former at 524, the latter at 33 4 pm. Scarcely any business is doing in the Foreign Funds, nor is there any material alteration from yester day ; Mexican 6 per Cent. Bonds, 68 9 ; Colombian, Btil i ; Greek, 16 k ; Brazilian, 65 6 ; and Spanish, 13 Shares, continue quiet, without business. The wind having again gone to the W. and \V.N.W., arrivals may he hourly expected, the number of vessels which must be at the mouth of the Channel being very numerous. Three per Cent. Consols, 821 ; Ditto for account, 8211 ; India Bonds, 52 4 pm. ; Exchequer Bills, 33 4 pm. Two o' Clods. Consols 82i for this, and 82i for April Account ; Four per Cents., 1526, 981 ; India Stock 246 ; Bank Ditto 208. No alteration in Exchequer Bills or India Bonds. THREE 0' CL 0 GK. Consols for 27th inst., 82i- for April, 821 -3. FOUR O'CLOCK—CLOSING PRICE. Consols 82i Danish Bonds 611 ; Do. for Ac, 82-t Greek Do. 1825 161 Brazilian Bonds 66 Mexican Do. 1825, 63k Buenos Ayres Do. I Peruvian Do:— Chilian Do. Russian Do. 90i Columbian, 1824, 38t Spanish Do. 13i LAW INTELLIGENCE.-(THIS DAY.) COURT OF CHANCERY. To-day the Loan CHANCELLOR at in Lincoln's Inn Hall. His paper was the Bankrupt Paper. POINT OF PRACTICE RESPECTING THE ATTE:CD- ANCE OF BANKRUPT COMMISSIONERS. Mr. FONBLANQUE was instructed to take the opinion of the Court in a bankrupt matter, upon the question, whether his clients, the petitioning creditors, were entitled to have the attend ance of five Commissioners, and not of three only ? The ground on which he submitted they were entitled to have the attendance of the five was, that if upon the examination of a witness, two of the Commissioners were dissatisfied, and thought he ought to he committed, but one was satisfied, the witness could not be com mitted. Mr. MONTAGUE, though in this matter, was not instructed to appear on the present occasion, because the application was made ex-parte, but he wished to state, that this was one of the most im portant questions that could come before the Court, and he really thought notice of the application ought to have been given. The section governing the point was, the 12th of the 16th chapter of the 6th of Geo. IN'th, and it gave the Chancellor the power of appointing as many persons to make the examination as he should think meet. There was also power given to the Chancel. for to direct Auxiliary Commissions to issue to different parts for having debts proved under them below the amount of 20/., and examining witnesses. In the present case an auxiliary commission bad issued to Plymouth, under which a Mr. Toogood, of the City of London, had a debt expunged of 2001. He had also proved an other debt, in the same bankrqtcy, of 2,000/., the validity of which was impugned ; and the object of Mr. Fonblanque's clients was to have this gentlenlan examined in London, and then to have him sent down to Plymouth,to he there examined under the auxiliary Commission, by five Commissioners of the 9th list, which Mr. Toogood objected to. He was willing to be examined before either list, provided that list would adjudicate ; but he would not consent to an examination both in London and at Plymouth. His LORDSUIP said, since the point was mentioned, he had sent for the form of the Commission appointing the Commissioners under the bankruptcy, and he found it to be in these words—" to you, four, or three of you," so that five might act if they chose ; but three were competent to act, and his Lordship thought he ought to be extremely careful about ordering more than three to attend. Mr. FeNBLANclux considered it of essential importance that five ought to be ordered to attPrd, because it was utterly impos sible to have a witness committed if three only attend, provided one of them was of opinion he ought not to sign the commitment. In the matter of Liddard, a bankrupt, his Lordship had ordered, there having been only four commissioners living, that the com mission should go the next full list, clearly thereby manifesting that his Lordship would order the attendance of five. His LORDSHIP had no doubt that there might be cases in which he would order the presence of five. Five had authority to attend if they pleased, and if they did attend, their acts would be valid. Mr. MONTAGUE observed, that the real secret in this matter was, that three only had attended, two of whom wished to commit Mr. Toogood, the third thought he ought not to be committed, and the remaining two of the five, knowing the circumstances, refused to attend, because their opinion was, that Mr. T. ought to have the benefit of the dissenting voice in the three. His LORDSHIP'S opinion was, that it was not desirable that the Chancellor should increase the number of the regularly-attending Commissioners ; that there might be cases in which he ought to do so ; but that this was not one of those. Mr. MONTAGUE now confessed, that he had never done any thing so injudicious in the whole course of his life-time, because he had been arguing without a fee; he had got the Court to de cide in his favour, but if the judgment had been otherwise, it would have brought many hundreds of pounds into his pocket, not a shilling of which would now get there.—(Laughter.) His LORDSHIP observed that the Learned Counsel would be rewarded in comfort and consolation. COURT OF KING'S BENCH. THE ICING V. ARCHDALE. Mr. ANDasws opened the pleadings. Mr. GURNET stated the case. This was an indictment against the defendant, who had attained the rank of Lieut.-Col. in his Majesty's service, for an assault, with an intent to commit an unnatural offence with his servant, Frederick Withers, a boy under 16 years of age, on the 524th of August last. The Learned Counsel cautioned the Jury to give this case a jealous consideration, as it was a charge which was easily made, and difficult to disprove. The prosecutor was recommended by the Guardian Society to the defendant for a situation, and en tered into his s erv i ce on th e 4th o f August. That his object in hiring him was to sed uce hi m th ere cou ld b e no doubt, for it was impossible that a gentleman of rank ' such as he would admit the defendant to be, should wr it e such letters to his servant as this man had done, in a f,w days after he had commenced his servitude without being actuated by. some criminal motive. The defendant happened to be at Swansea, in Wales, when the boy Withers, came to his house, 31, South Audley-street, on the 4th of August, according to their agreement. It had been pre viously settled that 'Withers should remain in South Audley-street until his master would return. But after he had been three or four days there, he received a letter fi om him containing direc tions for some domestic arrangements, and in two days after, another letter desiring him to conic down to Swansea on a certain day, and requesting of hint to let nobody know whose servant he was, ; both letters commencing with " Dear Frederick," and ending with " your affectionate Master ;" the boy did go down ac cordingly, and in a week after, they both returned to London, when the defendant to ok the bo y to a hot bath, and 'here com mitted the offence complained of. The Learned C ounsel here de tailed the particulars of the char g e as given in evidence and con cluded by telling the Jury that if they should entertain any rea sonable doubt of the defendant's guilt after hearing the evidence, they should acquit him. The following witnesses were then called. Frederick Alexander John Withers examined by Mr. AN DREWS—I was 15 years of age in September last. In July 1 made application to the G uardian Society to pro cure me a place; they referred me to Colon el Archdale, 31 South Audley-place, who engaged me ; I went there on the 4th of August ; the Colo nel was then in the country, and I was to wait there until he should return. A few day's after I received two l e tt er s from him, dated Swansea, directing m e to join him there ; I went accord ingly to Swansea, and about a week after we returned back to London. On the day laid in the indictment, be asked me to go with him to Harley-street to take ). warm bath, saying that it would serve me. I went accordingly ; when we got to the house, lie told the man servant that he wanted a bath for him self and servant ; the man asked whether he would have the baths in one or in separate rooms. The Colonel said in one room ; when the baths were prepared rny raster said I mightnow get in ; the attendant then left the room ; I bolted the door by my master's orders, each of us then got into a bath ; after I had been in five minutes, he asked me if my bath was warm enough ; : there was a curtain between both baths, which the waiter drew before he went out ; my master pushed it a little on - one side, and came close to me ; on asking me whether my bath was warm enough, I told him I thought it was ; he asked me if I could bear it warmer, I told him I could, he then let the water on to make it warmer, and tried the thermometer ; he then went away, got into his own bath and closed the curtain ; he then called me to wash his back. I got in, and he immediately sat down ; I was about to wash his back, when he said, do you sit down be side me, and tell me which bath is the warmest, your's or this? I sat down, and he then began to take liberties with me, at the same time he looked in my face and laughed ; I told him I did not like it; he said, oh, come, Frederick. He then took liber ties a second time. I pushed his hand away and tried to get elf from lam; this lasted from 5 to 10 minutes ; when 1 was getting away he told me to go and wash the soap of--I did so, and dressed myself, when I was dressed, he called me to wipe hie back, I spunged it accordingly, and then he dressed himself, unbolted the door, and rung for the waiter, whom he then paid, and asked to fetch him a glass of water ; he told me to go home and order dinner ; he reached home before me ; I waited on him at dinner ; in the even ing he asked me whether I did not think him a rum fellow; I said no, not in particular; he said did not you think me a rum fellow this morning. I, supposing him to allude to the bath, said, yes, I certainly did. He said well, Frederick, lam happy to find so virtuous a lad ; I pushed you very hard ; there is not a boy in a hundred that would not comply ; your behaviour was so good, that I shall make you a present of a pair of top boots at my expense : this was all that happened. In three days after, I complained of it to my brother, who took me to Marl borough-street. The reason why I did not make a complaint sooner, was because he said he would never attempt such a thing again ; yet he did something afterwards, that induced me to make the complaint to my brother. Cross-examined by the ComatoN-Seaaasser.—Before I re ceived the first of these letters, I had seen bins only twice. I set out to Swansea on a Sunday, and returned the Sunday following. I was sea sick, and my brother was permitted to stay along with me ; the Colonel had a doctor to see me ; I got ill on the Tuesday after I came to London, my master left town, and did not return for a week ; I did not hear him say that he had been unwell ; The baths were so situated that a person could not see from one into the other, even if the curtains were drawn up, without stoop ing over the partition ; when he asked me to go into his bath to rub his back, I did not think that he intended any indecency ; after he took liberties with me I had do doubt of his intention ; did not give any alarm, because it came so suddenly on me; I did not mention it to the waiter, because I had it in my mind to go home to my friends in Clerkenwell ; why I did not go home was, because I saw the Colonel after me, and I feared he would follow me if he saw me go out of my way ; I had no opportunity of going home after dinner ; I did not ask for leave : I took a fan to Mr. Sales, at the Adelphi, but I cannot swear it was on that night ; I don't know whether I went out that night or not ; the Co; nel brought home the fan afterwards broken ; and after some investigation he was satisfied that it was the servant maid that broke it; when he brought it home he expressed himself in dignant at me, for he thought that I broke it ; he abused me a good deal, but he was good friends with me in a few minutes after; he kissed my hand, and told me so ; this fan was to be presented to a lady at Derby. There is another indictment against him for an indecent attempt that evening. I was to go along with him to Derby, and the Colonel packed up my things for that purpose. I told the servant-maid that if 1 could see my brother I would not go a step out of town with the Colonel. We took the bath on Tuesday ; I saw my brother on Wednesday. The Colonel dined out on Thursday, when I wrote a letter to my brother; he came on Friday; on seeing him I said " how came you here? did not you receive my letter ?" " Yes," said he, " that is the reason why I came ; that letter is destroyed, but I have a copy." The Colonel was very passionate ; he spoke to me once or twice about not getting up early enough in the morning ; it was arranged that I should get a watch, the price of which was five pounds, which were to be deducted at the rate of thirty shillings per quarter out of my wages. There was a subsequent agreement that I was to have the watch for nothing on account of my good conduct—what my good conduct was I cannot say, but curious whims used to seize the Colonel betimes ; it was when I was unwell that he told me I should Lave the watch for nothing; before I went to the Colonel I was out of place for five weeks ; I never told any person before this day that the watch was given to me as a free gift—witness correcting himself said, yes, I have told several persons of it before this day ; I told the servant maid that when I was out of place I used to go to Vauxhall ; that I had been at Mother H.'s and was drunk there ; hat I had hired a room at the finish ; but all that was a mere farce—a joke. 1 told her that I had hired a room one night, in Drury-lane—that was true, I hired it, and slept there one night, with,a boy eighteen years old—not with a female. On the Friday evening that I had the Colonel taken into custody, I told him that my mother was unwell, and thereby I got leave to go out, when I fetched a Bow-esreet officer. The evening on which I returned from the baths, the maid asked me why elooked so crass, I said nothing particular ; I told her that we hail been to a bath ; but did not mention what had passed. John Barnes, waiter at the Bath-house, in Harley-streete stated, that the gentleman came and asked for two baths ; he asked if he woull have separate rooms, but the gentleman wished to have them both in one room ; I shewed them into - a room with two baths, which was divided by a curtain ; they went into the room ; it is sometimes usual for two friends to take a room with two baths; they were there about Q 0 minutes ; they were not in the room half an hour. Samuel Withers, the brother of the prosecutor—On the Friday on which the Colonel was taken up, witness received a letter from his brother ; on receiving it witness went to his father's, who was not at home; he then went to Marlborough-street, and them; to the Guardian Institution ; went again to his father's, who accompanied him to the police-office, and a warrant was granted ; they went with the officers to the Colonel's house. Cross-examined by Mr. DitsmAsr—Had not been to the Colonel's house before his brother Frederick went there ; on one occasion the Colonel told witness that he should give Frederick a watch. Was there in the course of the week, when the Colonel was in the country. Was there on the Thursday. There was something said about a fan. On the day Frederick was taken ill, witness was there ; received the letter on the Thursday morning, and went to the house at two o'clock on the same day, to take leave of his brother previous to his going to Derby. Witness saw but one letter from the Colonel to his brother * before the affair at Marlborough street ; never said to a Mr. Powell, a tailor, that he (witness) intended to make the Colonel dub up a good sum of money. It was Mr. Powell who first said any thing about it ; and when the witness told him the circumstance, and showed him the letters from the Colonel to his brother, he said that the style of the letters was quite proof enough. A person named Gre gory, a journeyman, was present, and heard the conversation.— , Powell said, " You will make him tip up 5001." Witness re plied, "if I do, I will pay you your bill." Witness has been living several years as 'a sbopman to tradesmen ; had five or six places within the last three years. Fled lived with a Mr. Brookes, who charged witness with getting goods in his name, at Mary lebone Police Office. Had been asked by Mr. Brookes's servant to fetch the goods after he had left his service ; lived with Mr. Archer, linen-draper, at Lynn, five months did not burn the cash-hook there. Witness repented having men• tinned the names of his masters in Court, as they would not be pleased if they heard of it; would not mention any more; had been out of a situation for some time; did not go to "the Finish," " Mother H.'s," or Drury-lane, when either in or out of situation. Had been charged at a police-office with violent Conduct by a Mrs. had not Molton, of th e Ro e buck, Holborn. Stephen Withers—ls father to the prosecutor. Cross-examined by Mr. BRODERICK-Had never told a Mr. Archer that if it had not been for the fan being brok en, this charge halbeenm would be ade against bad to Mr. Archer that his son Sa muel had been living a wild lif e , and had been in all the co unties in England ; but that he ; never bim ou said this that tritt l l m . is said l)a character d had learned his wildness from Mr. Archer. Would not swear that he told a Mr. Jackson to write to his youngest son, in order to keep him separate from the eldest, to prevent his being conta minated ; never saw the letters till the morning of the examina tion ; did not see those letters at Mrs. Taylor's, and make re marks upon them before his son went to Swansea; had seen the letter beginning " Dear Frederick;' witness said he haul seen the letter to satisfy Mr. Broderick, in some way or other. Now said that he had not meant to say that lie had, but had miot seen it at Mrs. Taylor's ; did not say lie thought it singular that he should say " Dear Frederick ;" was with his son Samuel in the street fur three hours, when the police officers went to take the Colonel ; had not had any placards printed and paraded before the laa:se the next day ; had had some bills printed by advice of his friends. Witness gets his living by selling ale and beer on commission ; had done so for a Mr. Hammond for two or three years ; haul never been charged by him with any dishonesty. Benjamin Scholefield, police-officer of Marlborough-street, was sent with a warrant to apprehend the Colonel; was up with him part of the following night; he said that if he was found guilty on such a charge, that he must do that, (drawing his hand across his throat.) Ile did not, on his oath, hear him say any thing else. Wm. Harrington, attendant at the baths in Harley-street, rt. collected the Colonel coming on the 29th of August; apart when they went away ; the Colonel rung. and asked for a glass of water ; the boy was coming out as witness went in to answer the bell. Cross-examined by Mr. DENMAN.-They were rather lam than the usual time. Stephen Withers was recalled, and stated that the bills Were printed for a general subscription among his friends, to enable him to carry on the prosecution ; they were not distributed in shop windows, but only among his friends. It was against the advice of his attorney. If it bad remained and been tried at the Sessions it would not have cost him so much. The COMMON SeaGEANT then addressed the Jury for the de fendant. He declared that the duty 'he had now to perform was one of a most painful character. His learned friend had truly stated, that in such prosecutions, if there was any doubt, the defendant ought to have the benefit of that doubt; but for tunately this case was left without doubt, and no rational mind would entertain a doubt of the issue of the investigation. There has nothing in the prosecution that could produce any injury to his client, but the weakness and indiscretion of his Counsel. He (Mr. Denman) confessed that he felt an anxiety on this occasion, which he had never before known in the exercise of his profes sional duty. An officer had told what were the feelings of Col. A.on the night this dreadful charge was brought against bins, and he put it to the jury whether the feelings evinced by that Gentleman were not such as would have found a place in their breasts, if they were unfortunately placed in a similar situation. There were means of compromising charges of this kind, and when a Joao of fortune, rank, and distinguished honour, came forward publicly to brave a charge like the present, it furnished a strong presump tion of his innocence. But he would not be satisfied with an t o e . quittal for his client upon such a principle, he looked for an ac quittal, from the conviction of tie Jury, that there was no foun dation for the horrible charge which was now harrowing up the feelings of the defendant and his friends. In this great metropolis, where a variety of trades were carried on, it was but too notorious that many schemes of deep and dark villainy were daily planned. Amongst those, one of the safest and most successful was the getting up of charges like the present; and could there be a more likely person to raise such a charge against sinister purposes, than one, who like Colonel Archdale, lived as a bachelor, after having served in the army, and contracted habits that perhaps were not very applicable for domestic life. The lettere Col. A. were alluded to, as proofs of his guilt ; but he (Mr. D.) contended, that they were demonstrative proofs of his innocence. 'Was it within probability that if Col. Archdale had the wicked in tentions ascribed to him, he should have been so absurd and in cautious as to write the letters which were produced, to a boy who had not been long enough in his service to have made it possible he could have known any thing of his principles? But whet did those letters contain ? One of them was addressed " Dear Frederick," certainly a curious mode of addressing a servant, but what did the letter contain, nothing but advice, certainly very prolix and very grave advice, but nothing which did not properly come under the character of advice. In the letters, there fore, there was nothing intrinsically important; but it had been well observed by an Italian who once swayed the Coun cil* of France, that all he wanted to ruin any man was two words in his handwriting, for he could found any tale however atrocious and improbable upon those two words. It had been said by his Learned Friend, that charges of this kind were easily made, and hard to be refuted. He (Mr. D.) said it was impossible to refute such a charge; for it might be made against any man who heard him, and who had chanced upon any WM-. sion to have business which detained him for twenty minute!, in a room with another man. Then who were the persons who had brought this charge ? certainly persons not of respectable character. 'I he brother of the boy was confessedly a bad character, and the Jury would estimate the respectability of the father by the manner in which he had given his testimony. The Learned Counsel than adverted particularly to the details of this horrible charge, which he contended were utterly inconsistent and improbable. Colonel Archdale, it was clear, was unacquainted with London life, or with the character of many persons who reside here, or else he would never have taken the boy into the bathing-room with him, or offer to treat him to a bath. In Dublin, perhaps, or in tether cities such a transaction might pass without notice, though, as ha before observed such conduct was certainly calculated to excite suspicion in this country. The conduct of the boy, after the transaction was most important, for what did he do? He did not tell the waiters at the bath ; he did not tell any person be ow in the street ; he (lid not tell the servant at the lodgings, but be went home to lay the cloth for thinner, according to his maeteee command. He allowed three days to pass without stating the occurrence to any person, and at the end of that period he men tioned the matter for the first time to his father although he had . been previously sent on errands, which allowed him an opportu nity of communicating with his fatter. Altogether the cake was incredible. Colonel Archdale was represented as being in a via lent passion with the boy, and treating him with great sharpen and severity, between the period at which the transaction. at the bath was alleged to have occurred, and that on which the boy ins said to have communicated with his father. Was it likely that Col. A. would have evinced so much illetemper, if he knew he was at the mercy of the boy, or that the boy would have borne so much in temperance, feeling that he possessed such a secret against his master. The boy was evidently extremely acute and sensible, and such a line of conduct was any thing but probable. He charged his elder brother with instigating this charge. He it was that told the boy his master was in his power, he it was that remanaa bered his tailor's bill, and said we will make the Colonel dub up. He thought the Jury could have no difficulty in coming to the conclusion, that the whole charge was a speculation, to raise money between the father and his eldest eon. The jury could not doubt that extortion was the only object of the pre4es cution, and they would be further assured on this peiut by the evidence of witnesses, who would contradict those for the proses cution in many important particulars. Ile should also produce witnesses to the character of the parties. He should prove that the principal witnesses were not to be believed upon their oaths, and if the Jury believed this, the whole charge must fall to the ground. They could not take away what was more than the life, the honour of a respectable man, upon such testimony, merely be cause lie weakly evinced too much confidence in a person whom he did not know. Witnesses would also prove that Colonel Archdale was a gentleman who had gone through life with the most unsullied honour. They would hear from the illustrious Commander who sat on the Bench, (the Duke of Wel lington) that this gallant officer, had served with honour te, he was an himselfi,eywould and ou ld advantage bea tti lees likely, . u th which efeor n hpwn t del n r aan y ls:e agi hisnoe . 1 von en Isom a rcoa e hlur:: : : : t e sieen n dr is si r l : a u r . t almost baiea s any other man living, to be familiar with bate and grovelling Colonel i° ,,a u practices, ralebq honourable acquainted n i el s e t h l d i m o: a e: t i h : The Duke of Wellington examined by Mr. ileonrelcx said — lie commanded the 45th regiment. From what I knew o l f sl b t is . pri rate character, I had a high respect fos him. He sonaetiates dined with me. lie was a man of manly courage, and frequently distinguished himself. Sir John Osborne.---A ksiow Col. Archdale, and have knows him for many years, I believe him to be a man of manly courage! I and of open generous character, and as unlikely as an y man know to be guilty of the charge now imputed to him. SUN OFFICE, Five o'clock. Several other witnesses were examined to Colonel Archdale 'e verdict of After five minutes n w ed ou a ld not be lt SamuelcGteraLnitil,:. a : deliberation, evv Withe rsi r t a p t e i s n e t rn ohn o e more theiruthrya oaths.t rtehtue FASHIONABLE AND MISCELLANZOUS, BRIGHTON, FEB. 22.—The KING has again lad a good night, and his health continues to improv e ; the gout is better, but has not yet entirely left His MAJESTY. Mr. Canning is considerably better, so much to, that if he continues as well as at present, he will leave for town at the end of this week, to open th e d e b ate on the corn question next Monday in the House of ii of Clanricarde are forward to, that the domestics are at 016 Irlollleill Commons. With so much certainty is this l oo k e d n i d n packing Marchionessl at Brighton. The Marchioness arrived actually The on Monday last to visit Mr. Canning. L or d s ' M a rquis employed Seaford and Howard de Walden have also been here to see the Right Hon. Secretary, but the latter of these two noblemen, with Lord Dunglass, left this morning for London. THE M ARKETS -(THIS DA CORN-EXCHANGE. The arrivals of Grain this week are moderate, and businees iu Corn on hoard of ship is nearly suspended, as the ice in the river renders the navigation dangerous. There is likewise little busi ness doing in any samples of Granary Corn. English ...............Irish i n ''' Foret '''''''''' ARRIVALS. I Wheat. Barley. Oats. F lou r. 2,580 qrs. 3,650 qrs. 33,240 qrs. 4 ,5 0 084.ke —.....— —...... •--510 Q I 9,400 .......