The Sun. — London, England, 1827-06-25 00:00:00

sprRIT OF THE PUBLIC JOURNAL. • ________— We request attention—the most earnest and diligent attention -4o a letter in this day's Tint on the never-to-be-exhausted subject of to d Charles S omerset and his Colorti-q administratio . The writer notices Lord Charles Somerset's complaints in his letter to which we gave inset -T. tion last Friday s that he was not accused lief+ the proper tribunal, and that he was . not en countered by 'any direct or specific charges. N 47 we know the writer of the present letter to lie ° no- of those numerous individuals at the Cape who have brought forward heavy and grievous complaints of his Majesty's Government againSt their oppressor. It is not, therefore, so much upon the.. force and severity of this "writer's lan guage; provoked by the agony of his irreparable wrongs, that we are anxious' to fix the reflections of the reader, its- Olt the many and important extracts•with which he figs furnished tis from th 6 Report , of - the Commissioner Of Inquiry a t t he Cape, who, after foOr'ears of ari. investigation carried on, we are hold to say, in a' spirit by lib means unfriendly .to Lord Charles' Somerset, or exempt from the suspicion of a frequent endeavour to• screen this gallant specimen of the House Of P!?a 11 f00, from ruin, have stated under their handle str i ii things, that if they are not used by the Authol rities of this realm as grounds in the first instance of formal impeachment against Lord Charles. Somerset and afterwards, 'if the declarations of the Commis sioners be proved, as grounds of a sentence of con • digit punishment upon him, will, we do not hesitate to.prononnCe; hand down this Ministry, or this gel. negation , of the Peerage, o r b o th, as a b ettors of the foulest acts of misgovernment, and accomplices in the most irretrievable and indelible disgrace. We leave the 'extracts from the official report to work their own way with the community.—Times. i The law of averages, which was the subject pitched upon to be tormented on Friday last in the Howit of Lords, exhibits at once the vigi, lance and consistency of a certain portion of their Lordships. It is not that the Bill for the cor4 rection of the system of averages, if suffered td pass in the state in which Ministers proposed itl , would, when coupled with the rejection of th 4 general Corn Bill, have placed the landed monol polists in a situation at all more unfavourabll than at present, when, up to 80s., there is ati actual prohibitory law against foreign corn ; buff it seerns that the noble majority who now go-i very the Upper House of Parliament are nos contented with leaving matters as they stand Having the power, their Lordships resolved to use it vigorously, and to lower, by a new expe-. client, the quotation of averages throughout the kingdom ; thus enhancing yet further the price at which foreign grain would be admissible, and prolonging the period during which the poorer classes of their countrymen may be forced to eat high-priced bread. The-scheme of taking Irish and Scot' prices into the general account of average:s has, when adopted, the manifest effect' of towering the nominal price of corn, and, con-' se.ltiently, preventing its importation. In Ireland , and Scotland the article is cheaper than in thegreat , maritime districts of England, being regularly' imported from the former 'countries into this :' but it is the inhabitants of these very ma-i ritime English districts who require to be' supported, by foreign corn ; and it is by the' higher or lower price in these districts that the! amount of suffering or of comfort among the bread-i eating community of England must be deter mined. He, therefore, who makes the value of corn in the Irish market the standard for deciding whe-t ther a family in London shall have bread at a mode rate or at a famine price, has the merit of annexing' —what we really thought was impossible—an inge i nious and effectual aggravation of cruelty to the old CA:2m ...t.,a T w system of Great Britain. Instead of ad- , ilinnistering some slight approach to relief, as Go vernment had intended, and as the people hoped, the consequence of the vote of Friday evening, had. it been such as certain Noble 'Lards anticipated,; 'would have been to work a miracle upon the Corn Laws, by making them worse than ever. We are; careless what becomes, during the present year, of the projected legislation on this subject. Whatever attachesan increase of public odium to the brutal system of monopoly in corn by which the nation has been so long oppressed, might, be cheaply bought at even an extension of momentary inconvenience, be cause a redress of the wrong would in that case force itself, in spite of all attempts—whether factious, ra pacious, or purely capricious—to prolong it.—lbid. The Liverpool .Mercury of Friday contains what is stated to be a corrected report of Mr. Etrougham's speech, in relation to Mr. H. Earle's o'oservations on the Corn Bill, which did not appear in any of the accounts in the daily Papers of the Metropolis. In this speech Mr. Brougham, after expressing his regret at seeing some names in the late majorities in the House of Lords, ob served, that— " He well knew that feelings the most honourable, and principles the.most pure from all taint of either interest or faction, regulated the whole conduct of the men he al luded to. Every feeling of unabated prlvate friendship and unity of public principles let] him to express these sen timents towards such men as Lord Grey and Lord Fitz- William; and the Duke of Bedford and Lord Derby. Who could ever dream of mixing them with the factious oppo sers of an enlightened and liberal Government ? But, in deed; he had himself, with his own ears, heard Lord Grey deny, positively, his wish to fOrm such an unnatural union with men whose whole opinions separated them from him self ' Wide as th e poles.' There w as no p u blic ma n i n a ll England so little biassed by motives of interest as Lord Grey, except it be Lord Fitzwilliam. See the prodigious sacrifices they have made to honour and principle ! Why was it that Lord Grey had not been Prime Minister of this country for the last twenty years ? Why, but because he was the fast friend of civil and religious liberty ; and aban doned power and place, and their patronage and wealth, rather than sanction what might wear the semblance of a compromis e of principle ow so sacred a subject ? To hold fast by this scrupulous devotion to his principles, he preferred a private station : he, with a moderate for tune, a large family, and not devoid of ambition, con demned himself voluntarily to the loss, almost for his whole life, of all the profits and all the •pow er o f the highest offices in the state. .His whole life was devoted to the ser vice of the people, to his own detriment ; and the people would show themselves utterly unworthy of having suc h champions, if, when he happen ed a different light from their views of the . matter, they ever suffered the least doubt of his unsullied Integrity to cross their minds but for a moment. Mr. B. then dwelt on Lord Grey's conduct in 18P7 and •JBl2, the Duke of Bedford 's sacrifice of the Viceioyalty, in 1797 ; and on Lord II F , ... i 9 t es william's nobleisacri fi ce of place and honours, both in and in 1819, because, feeling for the peoples wrongs at Manchester, h e h a d , a tt en ded th e grea t Y or k s hire meeting of Reformers." ; - ,The Noblemen alluded to by Mr. Brougham have always received credit for the profession of high honour and scrupulous regard for principle ; and though it cannot be doubted that mistaken views of the interests of the order to which they belong, rather than a regard to the interests of the community, have had .but too much influence with .many of those who constituted the majori ties, it would be unfair to include the above dis tinguished individuals among the worshippe rs e Mammon. Indeed the public in general have not only separated them from the five Ex-Mini B .. tersjor *hose factious conduct no apology can be offered that would not open a door to the abandonment from motives of convenience of all that is deemed binding among men, but also dis tinguished therm frarirtifenwested herd. What has draWn so much' obloquy On Lord Grey in particular is, the apparently unfeeling language used by him .with respect to the suffering people, and his profession of readiness to combat for the order to 'which he belongrid. - -z4ainely; -the Aris tocracy as 'distinguished from the People. Be sides, the public gave Earl Grey credit for natural abilities of a high order, and they are.mortified to find that he is so ,much behind the age in his know ledge brttie subjects which have occupied so much of late. the attention of the Legislature... Much is required from him to whom much is given. In the third volume of Mr.Qodwin's History the Commonwealth, just published, an observation is quoted, as having been made by the late William Nicholwn, which serves to account for the re luctance, by no means, peculiar to Earl Grey, but rather the characteristic of age, to enter on new subjects of inquiry. " Speaking (says Mr. Godwin) of the excellence of the system of the universe, in, relation to the way in which one generation of men goes off the stage and is suc ceeded by another," Mr. Nicholson observed, " that we are by the constitution of our nature the creatures of habit, so as inevitably fOr each man to become by certain degrees the enemy of novelty and bold innovation. But in science, in art, in political institutions, and in morals, hu man nature is susceptible of perpetual improve ment. It is therefore good and desirable that there should be a perpetual succession of youth, ut silvte foliis pronos mutantur in annos, the better to adapt itself to this invaluable feature in human intellect." Mr. Brougham alluded also to some of the peculiarities which distinguish the House of Lords. He said, " He, in England, was not a republican at all, but a warm friend of the mixed Government, which had been so friendly to our liberties, after the experience of near a cen tury and a half. He only desired to see all its branches re stored to their original purity; and were the Commons in possession of their just share in it, as well as the other two branches, he deemed it as perfect a form of polity as could be framed. In this spirit he rejoiced at the late activity of the Upper House. He looked for permanent good com ing out of passing evil. He always had lamented that the Lords met so seldom, and attended so little to public affairs. He had often said so to leading men, of liberal principles, among themselves. They now had become extremely active and regular in attendance ; the Lords' House was become a great place of discussion. As long as it delibe rated with open doors, and a free press to record and pub lish their debates and their votes, there must be good in the end ensue to the country. For the present they had erred, and the country was disappointed. He looked forward to their redeeming themselves in the country's opinion, and using their influence, augmented by the exercise of their power, as a barrier between the Crown and the Country which excess, on either side, might render useful to the State." That the Members of the House of Lords would be improved by an attention to business, will hardly be questioned. But the very circum stances which have produced the very unusual attendances of late forbid us to hope their con tinuance. The Lords have attended, not be cause the questions were interesting to the com munity, but because they deemed their incomes were at stake. We are strongly disposed to doubt the possibility of any great improvement in the character of their Lordships' House. In the first place, there is one grand distinction be tween Peers and a Representative Body---that the members of the latter, if not always chosen for their fitness, must generally have the wish to distinguish themselves. They are generally the elite of the orders to which they belong. But, of individuals inheriting, by birth, merely a right to a seat, few can be supposed either to have the ability or the wish to distinguish themselves. In the second place, of all circumstances calculated to disqualify men for application and exertion, the knowledge from infancy upwards that they will be possession of rank and _ _wealth_.of forma the' g reav-ararnunrs to exertion, is surely the circumstance the most disqualifyin g . There is hardly a Landholder of large possessions in England who possesses sufficient application to induce him to look into the state of his own affairs. They are, in fact, generally ridden by their stewards. There are, no doubt, distinguish ed exceptions. But it is contrary to every ana logy to expect labour and application from men already in possession of all that for which men labour and toil.—Morning Chronicle. The pure and effective dispensation of justice is a subject of the first interest to the community. Of all abuses, those which are connected with the administration of the lams are the worst and most mischievous—and of all legal abuses, there is none so bad as the present practice of special pleading. Originally, special-pleading was no thing more than a simple and concise notification upon record of the points in dispute in a suit ; but it has, for many years, been made the vehicle of the most absurd, redundant, and expensive verbiage, which has no more to do with the merits of a case than the idlest language of ro mance has to do with the actions of real life. The fictions of poetry are either instructive or entertahing, but the fictions of special-pleading are as dull and stupid as they are offensive to common sense. The system, as now practised, is an excrescence that overlays the principles of law, and is afi-aud upon justice. We are glad to see that Chief Justice Best perseveres in his laudable purpose of correcting this scandalous and intolerable abuse of the forms of law. Some time ago the Learned Chief Justice spoke in strong terms of the mode which special-pleaders use of drawing pleas with such a profusion and perplexity of verbiage as to cover twenty, forty, or a hundred folios with unintelligible jargon, when the legal matter to be described could have been clearly and satisfactorily expressed in as many lines, or, frequently, in as many words. On that occasion, Mr. Justice Burrough stated that the practice had become most shameful — that he often met with pleadings extended over forty or more folios, that ought to have been comprised in the space of the palm of one's hand ; and that he would do all in his power to discourage so great and scandalous an abuse. In a case of no importance, in the Common Pleas, on Friday last, Chief Justice Best felt it ne cessary again to recur to the subject. He said, the practice had become abominable ; but that " the Court could not remedy it; they could only call the attention of the public to it; and there were those who, from their situation, had an influence over the public, and by w h om i t might be pointed out, and, perhaps, thereby be partly cor rected." This appeal to the moral influence of the Press, from so high an authority on the Bench, is an unexpected acknowledgment, from such a quar ter, of the service which that great engine of opinion has rendered, and can render, to the community. Too many Judges have been in the habit of regard ing the Press as an object of alarm and jealousy, rather than of encouragement—and hence it is that the vilest characters, the exposure of whose frauds and vices is a public benefit, when they find them selves thwarted in . their nefarious designs against society by the light which the Press throws upon their conduct, fly for refuge to Courts of Law, with the hope that the prejudice which Judges are sup posed to entertain against the Press may afford them the protection which is due only to honesty and virt ue . We are surprised, however, to hear Chief Justice Best say that the Court have no power to remedy the evil of which he complains. We know the Judges cannot correct it altogether, but we also know that they can do a great deal, to repress it. They have, for instance, the power of striking out unnecessary counts in declarations, and likewise of striking out of pleadings in general what they con sider surplusage. This power, ought _to .be car , stantly and severely 'exercised; but there are vices in the system of speciahpleading whiclive are aware cannot be remedied . without the interposition Of the Legislature, and to those vices Shill again, Cording to tha stiggentiOn of Chief JuStice Best, call the attention of Parliament and the public.-- 'Morning Herald. • As we have some reason to believe that rit ietnp.4 will, yet be made in the llonse of Lollls to add to the number of markets by which tne averages under the temporary Corn Bill are directed to be struck, we think it necessary to advert once more to the subject. We have already stated the general objection to such an addition; but there is a special objection noticed by Lord Goderich in the debate on Friday night, so: perfectly conclusive, that had it been addressed to an unprejudiced audience, it could not possibly have failed of compelling their assent. The Corn Averages Bill is not an insulated measure ; it is, in fact, part and parcel of the rejected Corn Bill. The two parts were separated, not because they were actually two Bills, but' because they could be with more faci lity legislated upon singly. Were the Averag es Bill a 'separate measure, did it not directly in fluence the details of the Corn Bill, there could be no possible objection. to include every market, great orsmall, in the kingdom. Abstractedly, Lord Farnham's proposition, except so far as it entails a great and most unnecessary expense, i s not objectionable. But, when viewed in connec tion with the Corn Bill, the *addition or sub_ straction of one market is, so far as its operation goes, calculated to derange the whole working of the latter. When Mr. Canning, speaking, as he said a few nights ago, from the brief of his Noble Colleague, lord Liverpool, moved his Re solutions on the Corn Acts, on the Ist of _ _ March, he was careful to explain the. reason which led him to select 60s. in preference to any other sum, as the middle point between the ascending and descending scales of duties ; or, as it is familiarly called, as the protection price. It was no theory of numbers that led to the choice, but a plain and simple deduction from facts. From 1815 to 11327, the average price of wheat was, in round numbers, 655., but this average was greatly enhanced by the high prices of some of the earlier years of that p e riod. During the latter six years, namely, from 1820 to 1827, the average was only 555. 9d. It was from these data that the Earl of Liverpool was led to adopt 60s. as a protecting price, being a little less than the average of the last twelve, and a little more than the average of the last six years. Now what were the markets by the price of which the data above mentioned were fur nished ? The markets of those towns which it is proposed by Ministers to insert in the Corn Averages Bill. It is obvious, therefore, that if any be added, or if any be taken away, both of which have been suggested, the proposed pro tecting price will be no longer applicable, but a new one must be drawn from the markets thus augmented or 'diminished. Suppose that the addition of the Scotch and Irish markets should lower the averages, it is evident that, in that case, 60s. would be too high ; and if, on the other hand, that addition should heighten them, then 60s. would be too low. There would be no harm in including all of them, provided, at the same time, the price were regulated accordingly; but there would be no good. In striking the protecting price, and the averages by the maritime counties, we really do all CO be imported by the prices. in t7iose - Pra - CeiTvhfirei corn is to be imported. By taking into the calcula tion markets whither no corn can be imported, we are merely adding similar quantities to the two sides of an equation, and leaving their proportion, of course, precisely as it was. We have dwelt on this argument of Lord Goderich's at rather greater length than its extreme simplicity, and absolute conclusive= ness, may seem to demand ; but we are anxious, to use the language of the Primer, to make it " plain and easy to the meanest capacity."—New Times. DUTY ON MARINE INSURANCE. " To the Honourable the House of Commons of the United Kingdom of Great Britain and Ireland, in Parliament assembled. " The humble petition of the undersigned Merchants, Ship_ owners, Underwriters, Insurance Brokers, and Traders of the City of London, " Showeth,—That - your petitioners humbly beg leave to bring under the consideration of your Honourable House the injurious effects of the heavy stamp-duties upon Marine In surances. " That the duty of ss. per cent., when the premium of insurance amounts to more than 20s. per cent., and of 2s. 6d. when under that rate, upon insurances to or from foreign parts, operates very materially against this impor tant branch of business, as it is the cause of considerable insurances being effected on the continent and in the United States of America, where no such tax is imposed (or, if any, to a very trifling amount), for the purpose of legaliz ing the transaction ; as was the case in this country pre viously to the commencement of the late war. " That your petitioners can state, from experience, that numerous orders for marine insurance would be sent to this country from abroad if the present heavy stamp duties were repealed or modified. " That your petitioners have every reason to hope that the great increase of foreign insurances which would be effected in this country, if this tax were modified, would prevent any material defalcation in the revenue derived from it. " That your petitioners are prepared to substantiate thes e allegations before a Committee, or at the bar of your Honourable House ; and they therefore humbly trust that your Honourable House will take the premises into your con sideration, and grant such relief as your wisdom may suggest. " And your petitioners will ever pray." [Signed by upwards of 400 of the principal merchants, underwriters, and others; and presented on Thursday, the 21st of June, by Mr. Alderman Thompson, seconded by Mr. Marryat, and supported by Mr. Bright and other Mem bers.] OmAT, the South Sea Islander, was once at a dinner in London, where stewed Morello cherries were offered to him. He instantly jumped up, and quitted the room. Several followed him ; but he told them that he was no more accustomed to partake of human blood than they were. He continued rather sulky for some time, and it was only by the rest of the party partaking of them that he would be convinced of his error, and induced to return again to the table. SINGULAR DISCOVERY. — A discovery of father and son, in one and the same moment, was made on Tuesday week. It appears, that a man who had been transported to this Colony at the first settlement of it, after etd to Eng i having ii n i s h e d his p ro b a ti onar y returnedurne land to hi s w if e an d f am ily ; b u t finding his deas still run ning on a wandering life, he got again transported, and left his h ome a secon d t i me at hi s M a j es ty's expense, f or t h ese Col on i es ; h av i ng fi rst p l ace d hi s son , then but a child, a t the Greenwich Hospital School. He served his time, be came free, and has since been a free resident in this Colony for many years, without ever having either written to, or heard of, his family at home. On the day above-named, he fell in comp any w ith a young sailor; an d whil e th e y conversed abo ut the pearls of the sea, the old man, who is now under an assum e d name, made mention of a son which he had left in E ng l and, by name. ' The young sailor was struck with astonishment on hearing his own name men tioned (he also being under a feigned name), and accord ingly made so me mor e m i nute inquiries of the old man, whose curiosity being ex c it e d by his companion's interest in the subject, questioned him in return, when it turned out, that it was the ob'ect of his solicitude, his son, to whom he was speaking. The young man, after having left the school, had followed the steps of his father, and got tran sported to this Colony, where he had been some time, and is now employed in one of the Colonial vessels. This dis covery occasioned much surprise to both the parties,— Axstraliane LAW INTELLIGENCE. . .. • • C6llll.'t OF CHANCERY. JUNE EX-PARTE LEIGH,. IN VIE AIAT'IER OF CLAUGHTON, A BANKRUPT. After hearing Counsel in this matter, The COuat ordered that the bankrupt should be re strained front proceeding in art action at law to try.the Validity of his commission, he having acted Under, and ac quiesced in, the commission for two years, gild from in any way interfering to prevent the completio❑ of the see of the bankrupt's estates that had been made by the assignees. VICE-CHANCELLOR'S COiTRT, JUNE 23. DITCHENS V. CONGREVE, BROGDEN, AND OTHER). This was a suit instituted by the plaintiff, as well for himself as others, the Shareholders in the Arigna Mining Coink.4, o dinit the defendants, who were the Direc tors of it. Mr. PEMBERTON moved that the plainfig's might be at liberty to examine James Hinde before the piaster; lit bene esse, he being now about to leave this country for the pur pose of residing abroad. The application was founded on the affidavit of the plaintiff's Solicitor, which set forth that Hinds was a necessary witness, and that he understood from him, a short time since, that he was about 'to proceed to the East Indies, with the intention of remaining there. Hinde at the same time informed him that he was ready and willing to be now examined. In answer to the appli cation, an affidavit was put in, stating that Hinde was him self a SharebOlder, and, as such, necessarily interested in the suit; but this was all abjection which, the Learned Gentleman thought, could be removed by Hin de ' s tranfer ring his Mr. PRILLIMORE said, that he appeared far James Brogden, 'the Messrs. Clark, and one or two other defettd ants, who had not demurred to the bill ; other defendants had, however, put in demurrers, which were not yet dis posed of. The Learned Gentleman a pprehended that, under these circumstances, the application could not be granted. The VICE-CHANCELLOR. thought the application one which could not be refused. TVILKS V. LORD PALMERSTON AND OTHERS. Mr. CHING applied to have the demurrer put into the plaintiff's bill advanced to the head of his Honour's paper. The bill was filed by Mr. Wilks, for the purpose of enforcing a contract with the defendants, for the sale of mines to the value of between seventy-six and eighty thou sand pounds. The defendants had commenced an action at law against the plaintiff in respect of the matter which was in suit here ; and it, was, therefore, of the utmost im portance to Mr. Wilke that the demurrer should be disposed of, in order that he might have the benefit of the answer of the defendants. A junior Barrister said, that he was with Mr. Horne, for the defendants, and assured his Honour that he was not aware of the action at law, to which allusion had been made. At all events the action was not coming on so speedily as to warrant this application. The VICE-CHANCELLOR-It would appear, Mr. Ching, that your client is rather nervous (the imputation of nervousness to Mr. Wilks, excited considerable merriment in Court.) His Honour refused the application. COURT OF EXCISE, JUNE 23. THE KING V. NEIL. This was a prosecution against the defendant, who is the keeper of the Fountain public-house, in Globe-fields, for having had in his possession a quantity of beer colour ing contrary to the statute, whereby he had incurred a penalty of 200/. The COURT, in eonsideration of this being the de fendant's first offence, and of his having been but a short time in the trade, mitigated the penalty to 101. THY KING V. YIELD. In this ease the defendant, who is the keeper of a pub lic-house, called the King George the Fourth, was charged with having by the like offence incurred the like penalty. An officer of the Excise proved the finding of a bottle of colouring matter, such as was used to colour porter, in the defendant's cellar. His wife declared that it was used to give ale a colour and taste that would please the eye and palate of his customers as well as himself. He de clared that he used it chiefly to colour rum. It was made chiefly from molasses. When the witness seized it the defendant was excessively angry, and called it a robbery. The defendant in this case had, it appeared, been a publican only since January last. He pleaded his inexpe rience, and declared that he believed at the time that he was allowed to improve the colour and taste of his ale, by the use of any ingredients not of a pernicious nature. arriglitaildnititificthet, -- WflterbtlMlVECTlTat"tliaarFOTlTe was not subject to the same regulations as that of porter in these respects. But they should be made to know, that they were bound to sell any beverage pretended to be of malt and hops only, pure as tl.ey got it from the brewers. Penalty, 101. _ _ The Solicitor for the Excise admonished the defendant to be more cautious for the future. A number of publicans have, we understand, been de tected recently in the use of compositions of a similar nature more or less deleterious. They are mostly the less expe_ rienced of the body, and their justification is the depraved cockney taste which can only judge of the strength of ale by its having an exceedingly high colour and immediately af fecting the head. ARCHES' COURT.-JUNE 23. MILLER V. DUDDY AND RUGG. This was a suit for perturbation in a pew in the deanery church of Hunton, in the County of Kent, during divine service, promoted by John Miller, one of the parishioners, against Mr. Duddy, one of the churchwardens, and John Rugg, the bailiff on part of the Court Lodge estate, the pro perty of a Mr. Turner, who purchase it from Lord Spencer. It appeareo that Rugg resided in the parish only during two years, as the bailiff of Mr. Turner, but was not rated as a parishioner. The family of Mr. Miller resided in the pa rish a length of time, and possessed freehold property in it. Mr. Miller and his family were put in possession of the pew allotted to him the Sunday following, and continued in it the two succeeding Sundays, and Rugg was accommo dated with an adjacent pew, although no parishioner. The third Sunday, Rugg and one of the churchwardens turned Mr. Miller and his family out of the pew, and Rugg was put in it, on the ground that he occcupied a pew before the new seating on part of the site on which was erected the pew allotted to Mr. Miller, before the vestry. For this dis turbance or perturbation the present suit was instituted, and the cause now came on for hearing. The Advocates having been heard on both sides at length, Sir JOHN NicHou. proceeded to give judgment.—This Court was of opinion that Mr. Miller was illegally dis turbed by the defendants, after being properly placed in the pew, and the judgment of the Court was, that George Duddy and John Rugg be monished not to disturb John Miller in future, who is to be restored to the quiet posses sion of the pew which had been allotted to him in the first instance. INSOLVENT DEBTORS' COURT, JUNE 23. Robert Sinintonds was opposed by Mr. HEATIA, on be half of Messrs. Turner and Montague. The Learned Gentleman would commence by stating the facts of the case, which were rather singular. In 1822, the insolvent, who is a bricklayer, purchased ce ment and other articles of his clients to the amount of 101. 13s. 10 -d., and soon after absconded from his then resi dence, and could not be found until 1826, when a sum mary process was issued against him in the Palace Court, which action was removed by the insolvent into the Court of King's Bench, where he drove the plaintiffs to trial, and the defence set up was, that he (the insolvent) was not the party who ordered the goods, amounting, therefore, to a plea of nil debit. It happened, however, that the insolvent was recognised in Court by one of the clerks of the oppos ing creditors (the then plaintiffs), and being pointed out, the attorney for the defence admitted that hewas his client. The Lord Chief Justice then put the issue upon proof of debt, when, owing to the absence of a carman, the whole amount sued for could not be proved to have been delivered to the insolvent; the Jury, therefore, found for the plain tiffs—damages 4/. Is. 6d. only, instead of 10/. 13s. 103-d. After the issue had been tried, the insolvent moved the Court and obtained a rule nisi, for his (Mr. Heath's) clients to show cause why they should not pay his costs, in asmuch as the plaintiffs had only recovered a partial amount, but he never appeared to support it. Hence it was that the opposing creditors, from first to last, had been vexatiously driven to expences to a very considerable am ount. Under th ese c i rcums t ance s, the Learned Coun sel submitted that the insolvent had brought himself tvithin the operation of that clause of the act which punished a m.n, not for getting into debt, but for setting up a defence which was both frivolous and vexatious. The attorney for the opposing creditors, and other wit nesses, were then examined, and their testimony fully con ficmed the Learned Gentleman's statement. The insolvent, who was undefended, said that he had been at great expense in his defence. Commissioner HARRIC—Yes, it has cost you more than would have paid the just debt. The COURT then examined him as to the disposal of his property (scaffolding, &c.), when it appeared that he had made over his effects to a man of the name of Gardner. COMlTlibliefler HARRIS was of o pinion that, inde pendently of the preliminary objection, there had been a manifest m a ki n g away of property he therefore remanded the prisoner to.produce Gardner, and then coma up to re ceive the JudgMent of the Court. In the matter of Thomas Mott, an insolvent. This in solvent was before the Court early in the last month, and after a king examination, the Court considered that the debt alleged to be due to Goodman (the person formerly tried with Garlick, the postman, at the Old Bailey) was a ficti dots one, and therefore dismissed his petition. Since that time the insolvent had applied to the Court to be allowed to file a new petition, as the former opposing creditors (Mr. Fricker and others) had lodged a detainer against him, whereupon the Court granted a rule to show cause, to be served upon the opposing creditors. Mr. WOODRUFFE showed cause against the rule,• arid contended that the Court ought not to allow the insolvent to petition again without ordering him to pay the costs of the oprisition to the opposing creditors, as the debt upon which he tficti petitioned was altogether fictitious. The insolvent obtained leave to petition the Court de novo. Wm. Holyoake, late of the Kent and Essex coffee homey Whitechapel, was opposed by Mr. POLLOCK, on behalf Of k r. Vaux and others, executors of a defunct cre ditor, and 6) , Mr. Nrenous, for Messrs. B. and B. Southall. To a question by the Court, the insolvent said that he had lately taken a bake-Office at Hilgay, in Norfolk. COURT.—A bake-office! What it that? Insolvent. — A place to bake bread in—a bakehouse.—(Laughter.) The insolvent was then remanded until he can obtain the consent of three-fourths of his creditors, in number and value, to his being heard upon his petition. FAMILY LITIGATION. Edward Alti.rtin, of Darlaston, Staffordshire,, was op posed by Mr. HEA2K, on behalf of Ann Martin, the widow of his deceased elder brother. . . The insolvent oc;cupies premises bequeathed to his op posing creditor by her late husband, to whom he is in ar rear for rent. An acti,:n had been brought, and the widow obtained a verdict as plaintiff, and it was from the costs of this suit alone that the insolvent sought to be dis charged. Thinking, however, that " possession is nine points of the law," the insolvent would not give up the premises as required. His pica was, th,;the did not know to whom the premises belonged, and he told the Court something about cohabitation on the part of ,23 sister (the opposing creditor), which of course, only tended preju dice his case. It furthermore appeared, that the ii2sol vent had lately disposed of a cottage and plot of ground, of which no mention was made in the schedule. The COURT, thinking that obstinacy, and not insolvency. brought him before it, ordered the insolvent to be re manded to file a special balance sheet, and, departing from the usual course, appointed Mrs. Martin assignee, whereby she is invested with power by this Court to take possession of the premises. COURT OF REQUESTS, JUNE 23. At the conclusion of the usual routine business on the last court-day, a gentleman addressed the Chief Commis sioner, and stated that he had a complaint to make against an officer of that Court, named Young, for non-perform ance of his duty. The CHIEF COMMISSIONER requested him to state the nature of the complaint. The applicant said that his name was Berdoe, and that he resided at No. 18, Coppice-row, Clerkenwell. In the course of last month he took out an execution against a per son named Skinner, living in Wilmington-square, which was placed in the hands of Young, at his own request, to serve, he stating that he already held one, and might exe cute both at the same time. Several weeks passed by, and Mr. Skinner still continued at large, although continually seen in the neighbourhood,which caused him (Mr. Berdoc) to suspect some foul play. He accordingly had some con versation with Young on the subject, and it was arranged that at five o'clock the following morning they should pro ceed to his house and take him. On the same evening he (Mr. Berdoe) was accidentally passing through Wilming ton-square, on his way home, and on reaching Dr. Skinner's door, saw Young at the door talking to Mrs. Skinner and the servant. Suspecting something wrong, he stopped short, and distinctly heard Young relate the arrangements for the morning, and advise them to be on their guard.— He then proceeded to state, that without being observed he walked away and waited the result of the morning opera tions, which of course turned out a failure ; and having consulted some friends, he proceeded to Young's house to state what he knew, and demand the execution of the pro cess, or state his determination to lodge a complaint against him. Young was from home, but Mrs. Young received the communication, to whom he (Mr. Bcrdoe) also stated that he would wait for her husband. In about half an rage, accused him of having insulted Mrs. Young, and without further ceremony knocked him down. On being called on, Young denied having given infor mation to Dr. Skinner's family at all, but admitted striking the complainant. Dr. skinner had been a bankrupt, and was in daily expectation of his certificate, therefore it was natural for him to keep out of the way. The COMMISSIONER. could not by any means approve of the conduct of Young, and ordered the execution to be put into the hands of another officer. Mr. Berdoe returned thanks, and said that all he re quired was justice at their hands. The COMMISSIONER advised the officers to have a little more command over their tempers, and not let it betray them into unnecessary broils. POLICE INTELLIGENCE. MANSION-HOUSE.—On Saturday a young man, who has several names, one of which is Taylor, was brought before the LORD MAYOR, charged under the fol lowing circumstances : George Pott, a watchman of Vintry Ward, stated, that at about one o'clock on that morning an alarm was given that the warehouse of Messrs. Izons, in College-hill, was broken into by thieves, and a crow-bar was sent for to the watch-house to break in .the door, which the thieves had shut upon themselves. Witness went down with another watchman and broke open the door, and they found a dark lantern, a phosphorus-box, and some skeleton keys, on the premises. Against the window in the yard was a ladder, and not far from the spot lay the prisoner, coiled up on the ground. John Blyth, another watchman, stated, that in conse quence of some alarm, he went to the warehouse, where he heard a noise. From thence he went and procured the as sistance of the first witness, and dashed in the door. Stephens, a third watchman, stated, that as he was going his rounds at one o'clock, he saw two men come from the door of Messrs. Izons. One of them said to the other, " Well, you'll be here at four o'clock, will you ?" " Yes I will," said the other ; and they parted, leaving the door a-jar. Witness listened at the door, and heard voices inside. He sprung his rattle, and pushed open the door, but the thieves, who were within, slammed the door in his face. The prisoner was the only person they found. An entrance might have been effected into the premises over the wall. A clerk to Messrs. Izons stated, that upon examining the Why, my Lord, I strewed about Leufto the ed place. that Nothing p Prisoner, contents isonwe o ra f : ‘i t tva l w i hk e aoe tndghranaatlvelvvseaeyrys you uu were htios knowledge. The LORD MAYOR--Wel/ between nMke.r W the quite t eh ni t a o sns comesca t e d, u t p h that and The Lorin MAYOR. — Y es, tyvtes_elva wasslaiel d y appT, rkf a ;hihut i b ietuess kokoot,suLLEntdrinking, al business s atoo l otng n ßltde e s d. e.to,sl but d I assure you, my Lord, t I see it was; you have had The LORD MAvox..--Let this be a warning to you. I Pe.—Prisoner. Thank your Lordship. a sh v al e l ry se n n a d rr y o o w u e to sea ßridewell for three months, to make the caution more wholesome. Committed according'''. The wife of an Irishman summoned her husband for re fusing to maintain her. She, however, ran out of the Jus tice-room when she found that her good man was deter mined to face her before the Lord Mayor. The husband with her, and had a greed to give her a separate mainte nance of ss. a week. Her drinking propensities, however, told the Lord Mayor that he Lad lived the life of a She stole his watch, and pledged it were unconquerable. her allowance. rs said that they were not, on that ac for 21., and he thought he was therefore justified in stop ingThe parish office were not; but as count, to support her. house, where he would support her, there should p h n e n h e ornaann i Nw i asA y wn e, ul sai ing d they certainly to do his duty, if she refused to the T go into be no interference. 'The Irishman, in order to get back his watch, wished to take the necessary oath before the Lord Mayor, " that he had lost the duplicate." He thou g ht that his wife's mis conduct was fully comprehended in those words. The LORD MAYOR, however, was of opinion that the terms in the Act of Parliament tcapable were no of such lati tude of construction, and refused to administer the oath. • BOW - STREET._,lcimes Bird, a . respectably-dressed young man, was brought up en a "warrant, • charged with assaulting Sarah Ashley, a young female possessing an at tractive person and manners, who stated that She hecame acquainted with the defendant . about two years ago, when she was liyins in respectability with her friends, and be accidental. u: estdvssPeod. went ti us professed an honourable attachment to her. He promised her marriage, and in an evil hour, before that promise wea. performed, she became his victim. He then refused' ti marry her, and being abandoned by her relatives, she was• obliged to accept of his offer to come and live with him. He had treated her kindly for a time; but latterly he had' behaved to her in a very brutal manner. He had often beaten her with a large stick, and given her blows with his fist; and on one occasion he threatened to kill her with a penknife, and in defending herself 'from his attack, she received several cuts on her hands and arms. (The witness here exhibited several scars to the Magistrate, ,which she said were occasioned by the wounds she had described.) Mr. MlNsituLL, after expressing himself with consider'.' able warmth upon the cowardly conduct of the defendant, censured the complainant for not coming before a Magis-. trate at the time those wounds were inflicted. " If," said. Mr. Minshull, " he had been brought before me at the time upon that charge, I should most certainly have committed him for the capital offence of cutting and maiming." The complainant went on to state, that on Thursday evening last the defendant struck her over the eye with his fist, which had blackened it in a dreadful meaner. (She removed a bandage from her right eye, which was really in a frightful state.) The defendant, in answer to the charge, said, the corn phinant had given him great provocation. It was against the wishes of his friends that lie lived with her, and he wanted her to leave him, but she refused to do so. Mr. MiNskium..—You are an unmanly fellow, and require you to find bail, yourself in 401., and two sureties . in '2Ol. each. The defemiaut was locked up until he could find the re quired sureties. fIATTON - GARDEN._Amongst a number of persons summoned from the neighbourhood of Somers-town, before the Magistrates of this office, on Saturday, for non-p 0; ment of the lighting and watch tax, was a woman name Mrs. Mary Salmon. The Magistrates, Messrs. LAING and ROGERS, ordee' instant payment of the sum demanded. with .Glu stealing FiTHg fruit. aver up MARYLEBONE-OFFICE.— William Bates, Liam Davis, and William Carrington, the 'first 12 yea ,4 old, th e o th ers y ounge r, were brought up o n S a t ur d a y fool Paddin g t on watc h-h ouse , an d charged bef ore M r . Garr FITIC Davis and Carrington (who soi l they were induced to steal the fruit by Bates and a boat liof ;zlonging to the canal navigation) to their friends, and coo": m i tt .d Bates (who had been twice before in. custody, ano who, the wor thy Magistrate, a pp eare d t o b e o n th e the high h 0 ,:, , 1 to the gallows) to the House of Correctio n ' and to hard labcur, for three months. Some apples, nOt so large as walnuts, unripe currant* and delicious strawbez - ries, found in the possession of thes e young thieves, were brought to the office by Bradbury, the keeper of the watch-house. LAMBETH-STREET. The scenes daily witnessed ° this office for the last fortnight, in the attendance of In , dreds of distressed and famis:bing Irish poor, seeking temporary relief to rescue thei , 3 from absolute starvatl are of the most pitiable descriptio. , L . On Saturday, no than from 80 to 100 miserable be: o g s, men, women , aw ", children, swarmed like locusts about the offic e , i n t r eat is the most piteous tones for some tem,uorary relief, or , be passed to their native land. Mr. Francis, one of the overseers, in conse Nun" , w aj l f, on the Magistrates, Sir DANIEL WILLIA us and , ;1 3 , WYATT, Esq., and stated to them, that, so grr'At wa s : „to number of Irish paupers which had lately fi, wed 10 their parish, and so overburdened were they by the su" drawn for their support, that their funds were all 'cost v , ; hausted, and he and his colleagues really knew n ot b° to act. Mr. WYATT could not think of requiring tho pari o p pass such numbers. What he recommended the parish 0 1 cers to do was, to give them temporary relief as c . _ poor, and they might then proceed to the next pa:ish. Sir DANIEL concurred in this opinion. This course Mr. Francis adopted, giving them sip each. UNION-HALL.—On Saturday a powerful-look man, named Richard G,aham, was brought before t,b t ; Sitting Magistrate, R. J. CumunEas, Esq., charged v 4 r l committing a most outrageous assault upon a w a tchuO i named George West. . _ The prisoner was committed to gaol. A fashionable-looking young man, named Thor's _ As was placed at the bar, and the following charge 0 3 " of against him by a comely-looking widow of the name Seraphina Jones : ceding night was awakened by hearig : 1 7 ‘14. oiseZt t b h e e rl parlour window. On r i s i ng from her bed, which is the back room on th e same fl oor , s h e was terrified, ghe i,l scribed, almost to death by seeing the window-shuttl which fasten on the outside, wide open, and two ) I 'l4 men endeavouring to throw up the sash, in order t° into the house. One of them finding that he could note; over the impediment, smashed one of the panes of glassr: f e t d o mistook t gainhel admittance.at h g e i tr house. a made an attempt enfsaettpnaapdt tn seeasadunr introduce o Al ag his s t b r o a d t e y throughthathat, as the th e P heo • soin,reoxlTe eager t w eb e h iadya. was here tf ih i he d n e ne l d h. w e da e hich the complainant resided was a bc o 7 - Mr. CHAMBERS—Then you must case. tine pane of glass you have broken, besides ss. for being (311 , b ef pay h t a h t e th la a d t y vv:s or Complainant—l shall quit my house ; am afraid ' lO % will make another attack on me, and 6od knows 'l d may be the consequence if those young fellows get in° bed-room. Mr. CHAMBERS desired her n o t t o a l arm h erse lf, for lie was convinced they would not molest her again. The defendant having paid for his frolic, then dela'!l THE CROPS.—The hay harvest has commenced in this neighbourhood ; the alternate i_ us t which we have had for these three or four days n pas a t "` d ts ' soo , tend greatly to improve vegetation, and se year. wit ) contrast to the corresponding period of last e n3s to be in the respect to grain, a very large extent f se a „ piemeous crop' ground, and shows every symPto w _ o arke t, sad the hutlial New potatoes are now much in ()u se r , i" nee, has kept the prices ° meal (I il. per quart), now x i S howy Independent. provisions very regular. at Flood-hall, and, in fact# At Danesfort, h the county Kilkenny, th e scyth e pretty generally !hg The produce of hay is imniense , "" is now in full activity._ entiful harvest of all kinds of gra il !' The promise of a p of never and po tatoes was greater. The weather of pulse, . I suited to the latitude and soil of this par t more precise y s ad than it has been for many years. New potatee ro l a r r e e la nnur s old daily in this city, and green peas, 80. are plentiful. Indeed, all garden produce of the season is abo dantly supplied to our markets.—Leinster Journal. genet: On Tuesday last, as some labourers were t digging turf, on a moor in the township of Nyadswort i h , L' far from the house of the late Mr. Shackletun, at four r; below the surface they found the body a a had been missing about twenty-sever and The body vis ° supposed, was murdered by his: u w eh n father. a state of preservatioe lying upon a sack, and was in Id neighbours. The flesh by the o as to be easily identified . the hair, which was red, vo gi young w m h a o, it was still firm on the bones on , one of his feet, which was lame , fresh and bright, "ci on living. The f ather has long since as when e be wore a boot, lr account.—Doncaster Gazette. gone to his BIRTHS. On the 22d inst., the lady of U. C. L. Keene, Esq., of a daughter. On the 22d inst., Mrs. Edw. Burbidge, of Alderogs street, of a daughter, still-born. On the 22d i nst., at Streatham Paragon, MIL Willi Smith, of a son. On the 23d inst., the lady of John Turner, Esq., oar ham Common, of a son. Onthe22d iost.,i Esq., of a daughter.nProspect-plaee,Edgware-rnadt lady of Henry Fairer, MARRIED. On the 21st inst., at St. Luke's, Chelsea, by the R e f : Henry Blunt, the Rev. Win. Cowlard, of Larnertont vonshire, to Miss Falkland, of Sloane-street. On the 11 th inst., at Gretna, John Moulton 13° 6 6 ; Esq., son of the late J. B. Bence, of Holly-house, in County of Gloucester, Esq., to Georgians Eliza, ° 1 1; child of William Jenkins, Esq., of East Heath, near O"' ingham, Berks, late of Castle House, near Wiveliscoinbe' Somersetshire. John Brown, Esq., of Upper Berkeley -street, Porte square, to Mrs. Manning , of Great James-stree t,' : i r ford-row. jnohthne Gregory,2lst ins.E, DIED. 41 . , rs. of M c a h ry eyn G e- r i e v glyi; c r h e e li i ; e t a :L °l 4 e 71 years. bob , On the 23d inst., in the Commercial-road, Lam late ° Mr. Daniel Sharp, aged 45, stone-mercliant and iniad er , On the 20th inst., 11L•. S. W. Cliaillncau, ofXlrcyl e ,: street, Golden-square, aged 59 ' - - rqUNZED and PUBLISHED b y M YOUNG • SUN-07k:19 .4 No. 14, Eitgiez