The Sun. — London, England, 1827-07-14 00:00:00

Lteut ual ly gen bar.lll LAW INTELLIGENCE.-(THIS DAt) COURT OF CHANCERY. IMPORTANT DECISION UNDER THE NEW BANKRUPT ACT. IN THE MATTER OF RICHARD BURGESS, A BANKRUPT. The LORD CHANCELLOR stated, that this matter stood for judgment to-day, and that after h av i ng fully consid ere d the question arising in it—a most important one to the comm ercia l wor l d, he was pre pared to dispose of it, which he should proceed to do. Richard Burgess appeared to be entitled to an estate for the joint lives of himself and wife. From his farm he took earth, which he worked up and burned into bricks for sale ; this, it was considered, rendered him liable to the Bankrupt Laws, and a Commission was issued against him; an application was made to the Court to supersede that Commission on the ground that he did not come within the opera tion of those laws. In the Court's opinion it was perfectly clear that previously to the passing of the recent Act of Parliament, Burgess would not have come within the Bankrupt Laws, and therefore, the question to b e d ec id e d, turne d upon t h e construction of the 6th of George IV., which was in th ese words---" All persons who see k their living by buy ing an d se lli ng, cr b y b uy i ng and letting for hire, or by the workmanship of goods and commodities." It had been contended' that a person who was the owner of soil, and worked up that soil, by the exercise of that manufacture for sale, sought his livelihood by the sale of goods or commodities, therefore that though Burgess could not have been declared a Bankrupt under the old laws, he was liable so to be declared under the recent Act. The sub stantial. question arising in this matter had given rise to a great deal of dikussion in Courts of Justice for a considerable period of years; it was at last finally settled that persons holding, even for a term of years, land which was converted into bricks for sale, did not thereby become liable to the -Bankrupt Laws. If the Legislature had intended to change that statute, and to have made an alteration so marked as that which had now been con tended for, it was but reasonable. to suppose they would have introduced that change in the laws by a clear and distinct enactment, and not by words of so vague and general a nature as those referred to in the recent Act were. If the al teration had been made, it would have been of the most extensive kind ; i t would not only have been applied to manufacturers, but to ill owners of soil, who, by w or k mans hi p of that soil, in any degree, raised a - commodity, which they sold for profit, and have rendered them liable to the Bankrupt Laws.— It would also have subjected persons to bankrnptcy who had not been so under the old system, namely, manufacturers of alum, burners of lime, persons who cut down timber and sawed it into planks for sale, ' and so on. It further appeared, from a reference to the work of a gentleman (Eaden), who had had something to do with the preparation of the recent Act, before it was proposed to the Legis lature, that it was not the intention of those who prepaz'ed it that any such alteration should lave, as was now contended had, been made.— It, was also evident, from the words of the recent Act, with reference to the words that had been used in the Act passed on the Ist May, 1825, and repealed on the 2d M ay i n t h e same year, that the Legislature had no such intention as to make such an individual as Burgess, under the circumstances described, liable t o th e B an k rupt Laws. On the whole, therefore, he was entitled to have the commis sion superseded, which the Court now ordered, with costs. Reference in the arguments at the bar had been made to the Scotch Sequestration Laws ; but those laws were quite different to the manner of administering justice here, and required no further observation here. COURT OF COMMON PLEAS. (Sittings at Westminster, before the. Loan CHIEF JUSTICE and a Common Jury.) ALLEGED LIBEL. MICE versus THWAITES. This was an action brought by the plaintiff, who is a barrister, against the proprietor of the . MoTitfiik Herald, for the publication in that paper, of a libel against the character of the plaintiff. The libel was alleged to be contained in what purported to be a report of a certain trial in the Court of Exchequer. Mr. Sergeant WILDE stated the case. His client was l again compelled to come into Court for the vindication of his character, from the persecution with which the Morning Herald newspaper seemed determined to pursue him. Mr. Price, who was a barrister, well-known to the pro fession, was upon one occasion returning home through Maiden-lane late at night. Having turned aside for some necessary purpose, he was collared by a watchman, and lodged in the Covent-garden watch house upon a charge of indecently exposing himself. He was next day brought up to Bow -street, and discharged by Mr. Minshull, the magistrate who heard the charge. A pretended report of the pro ceeding at Bow-street was published on the follow ing day in the Morning Herald, and Mr. Price justly conceiving that his character had been most impro perly attacked in this report, brought an action against the proprietor of the newspaper and received damages to the amount of 1001. A verdict which, in the most unqualified manner, declared the publication to have been false and malicious.— Of that trial no account was given in the Morn ing Herald, no attempt was made by that paper to repair the injury which the publication of the libel must have inflicted on any gentleman of respectability. Common justice ought to have told the editor, that having given the poison, he ought to have subsequently administered the antidote. No such thing, from that day to the present, not a single line of the trial has appeared in the columns of that newspaper, and thus the public who had read the libel, might still remain impressed with its truth, although a Jury had pronounced it false, and punish ed the defendant for having published it. The libel was copied from the Morning Herald into other newspapers in a more mitigated form ; it appeared in the Sunday Times, under the head of " Odds and Ends," and the report in that paper concludes with saying, that Mr. Price was discharged by Mr. Min shull, with a caution and a hint at the Vagrant Act. For this latter libel Mr. Price also brought an ac tion against the Sunday Times: the case was tried in the Court of Exchequer, and although the da mages recovered by Mr. Price were but one shilling, yet he obtained what was to him quite sufficient, a full vindication of his character from the imputation cast upon it. The defendant in that action had pleaded a justification, which was in effect saying that all the matters and things contained in the police report . were true ;—the Jury on their oaths negatived that Plea, and thereby de clared that there A foundation for the charge against . . Price. .A mutilated and inaccu ratepublished in the pwuabslication of that re port report of this la d tte fo r r t t r h ia eb l _Mo r ning Herald, an . newspapers this if arras orfotuilahlt. present action . pretended to publish reports reports was but due be correct, to the public that those t should instead of malicious ,mis-statements. ements. The Jury Id recollect that the defendant, in the. actio n in would the Cpurt of Exchequer, had. ploefadtehdatafajcuts,etiofircoaftit°hne and yet not the slightest none Learned out inference from it, was taken in the d report. Th Sergeant then read the report,an pointed various passages in it which had the appearance of being highly coloured. He said it was but one of a serie s of attacks which this paper thought proper to make upon his client; and he put it to the jury, whethe r any man, however conscious of his own innocence, could bear to hear charges of this nature repeated time after tim e against him. He concluded by calling the attention of the Jury to the whole con duct of the defendant, and the system of persecution which he had used against the plaintiff. Mr. Hezekiah Harwood, from the Stamp-office, Produced a Morning Herald of Thursday, Feb. 22. which contained the alleged libel. The paper was put in, and the report of the trial in the Court of Common Pleas was read by the officer of the court. George Eyett produced an examined copy of the conl' earcelY t 871 bray nained t weld hequer of the or sale, record of the judgment in the former action, brought by the plaintiff against the defendant, in which he recovered 1001. damages. Mr. Sergeant TADDY, for the defendant, said that it was very true that many who were able to give good counsel to others, were incompetent to it them selves. But this unfortunately was not always the case. It had been once said, that he " who rules o'er freemen must himself be free." Dr. Johnson, objecting to this principle, said, that it was equally necessary that he " who drove fat oxen must himself be fat." Whatever difference of opinion there might be on either of these questions, it was at all events clear that a person who undertook to give good ad vice to others should be able to advise himself well. The Learned Sergeant here gave a very luimour ous detail of the circumstances out of which this case arose; we regret, however, to state, that his jokes, however appropriate, were rather too broad for publication. The only question i he added, for the jury to try was, whether the report of the trial in the Court of Exchequer was a fair, substantial, and impartial account of what really took place, or whe ther it was a malicious and distorted mis-statement. He would produce witnesses examined at that trial, and the Jury would hear from them which of these characters the report merited. John Bartlett, examined by Mr. Sergeant SPANKIE.—I am the watch-house-keeper of St. Paul's, Covent-garden ; I was exami ne d a t t h e t r i a l in the Court of Exchequer; I was supeenaed by the defendant, and then produced the charge-book. The witness again produced the same book, and read the charges from it. The witness proceeded to say that his evidence in the Court of Exchequer related principally to the charge. He was also exa mined as to his knowledge of the person charged. Mr. Price was at the time present in Court, and was pointed out by the witness. By the LORD CHIEF Jusnca.-- 7 Look at the book and tell me who put the word indecently into the charge ? Witness.—l don't know. G. R. Minshull, Esq. examined by Mr. Sergeant TADDY.—I am a Bow=street Magistrate; I was examined in the Court of Exchequer, and stated that Price had been brought before me; I can also state, that on the morning a ft e r the trial I read i n the forning Herald a report of my evidence, as given in the Court of Exchequer, and I have no he sitation in saying, that the report is in every re spect a fair and faithful account of what I then swore. Mr. Richmond, examined by Mr. Sergeant SPANKIE--i was a clerk at the Bow-street Office, and was examined at the trial in the Court of Ex chequer. . This witness's evidence was also substantially re ported in the Morning Herald. The LORD CHIEF JUSTICE then proceeded to charge the Jury. He said that the defendant had put in two pleas to this declaration. The first was the general plea, which was the denial of the publi cation ; the second plea (and this was the important one) set forth that the publication was a true and faithful statement of what took place at a trial in the Court of Exchequer, in which the present plaintiff was there also a plaintiff, and the editor of the Sunday Time: was the defendant. The Learned Judge had yesterday stated, that nothing could be more useful than the publication of proceedings in superior courts, when they were brought to a final determi nation. These transactions between man and man, as there disclosed, formed the most useful bodyof know ledge that could interest man; connected as it was, with the pleasure, the vices, and the business of man kind. He agreed with a high authority that the public was entitled to this information, even though at the ex pence of individual character, provided the details were not such as to shock public decency. It was unnecessary for him to say what use the public could derive from the report of the trial in question; nor did he mean to say that some use might not be derived from it. His Lordship, after expressing in very strong terms his, disapprobation of the practice of publishing police reports, said lie left it to the Jury to say whether the publication, ..of which the defendant li,nw complained, was a fair and substantial repreientation of what took place in the Court of Exchequer. If they thought that nothing had been omitted which was material, and nothing added calculated to injure the plaintiff, then, in his opinion, the Jury ought to return a ver dict for the defendant. He could not help recurring to an observation which fell from his Learned Friend (Sergeant Wilde), in the course of yesterday,namely, that it was in all cases sufficient that the reports should correctly state the substance of what oc curred, without professing to give it verbatim. This was an observation in which the Learned Judge fully concurred : if the persons who published Reports of Trials were required to give every word that was uttered, they would become environed by such difficulties as would make the privilege of publishing a mere mockery. It was quite enough that the statement should not be distorted and not conveyed in such a style as would appear to have proceeded from malice. His Lordship highly ap proved of the former verdict against this defendant, because it was for the publication of a Police Re port---he was aware that the plea stated the present publication was a full and fair report of the issue in the action in the Court of Exchequer : it undoubtedly was not a report of the matter in issue, inasmuch as it omitted to state that the defendant had pleaded a justification, and thus put the truth of the charge in issue. It was, however, for th e Jury to say, whether this in accuracy proceeded from malice, or whether it was not such an error as the Reporter might have unintentionally com mitted without meaning to injur e the plaintiff; and here his Lordship could not help express ing his regret - that the gentlemen who took notes for newspapers did not procure the pleadings from Barristers, in order that they might be able to state more accurately what was the real question at issue. His Lordship left it with the Jury to deter mine whether the plaintiff could be considered affected by the inaccuracy of the report. The Jury, after a few minutes' consultation, re turned a verdict for the defendant. COURT OF THE DEAN AND CHAPTER OF ST. PAUL'S. This Court, the sittings of which are of rare oc currence, was opened yesterday in the Hall of poc tors' Commons, to enable Dr. Jenner, who presided, to deliver the judgment of the Court in the case of Battersby v. Battersby, which was a suit for divorce instituted by the wife, upon the separate grounds of cruelty and adultery. The parties were married in Warwickshire, where they resided only a short time, when they came up to London and lodged at an hotel in Bond -street ; during their stay there the husband frequently absented himself from his wife at night, and passed his time behind the scenes at the Opera House, where his conduct with the Opera girls was described as extremely indecent and improper. It appeared from the evidence of all the witnesses, that the husband was a very loose character, and had treated his wife with great disrespect. Amongst other acts of cruelty, he had communicated to his wife a disease which he had caught in the indulgence of unlawful pleasures, and otherwise conducted himself in such a manner that the Court considered the charges of cruelty and adultery were both satisfac torily established, and therefore pronounced for the divorce.—The Court then adjourned. PREROGATIVE COURT. After the adjournment of the Court of the Dean and Chapter of St. Paul's the Prerogative C ourt was op ene d by Sir JO NICHOL. This B UTTON V. iurroN. vras a suit to try the validity of a will executed by Joseph Britton, of \Vantage who died in June, 1825. The argument having Concluded, the Court now proceeded to give judgment. It appeared that the testator married a widow, who w as possesse d of some property, and h a d atta i ned the age of 50 at the period of hermarriag e . Th e testator was also married, and had one daughter before, by whom the will now propounded by the widow was opposed. In this will the bulk of the property was left to the widow, reser ving only a sum of two hundred pounds to the daughter. It appeared that the widow and testator led a very unhappy life, and it was re ported after his death that he had been poisoned, and his body was disinterred and examined, but the Court could not find the slightest evidence in support of this cruel suspicion.— The will now propounded appeared to have been regularly executed, when the deceased was of a sound and disposing mind, though only a very short period before his death. The only ques tion therefore was, whether the attesting witnesses had perjured themselves, and en tered into a foul conspiracy to fabricate a will. Amongst the attesting witnesses were a lawyer and apothecary; who had no interest whatever in the disposal of the testator's property. It was too much to ask the Court t o b e li eve, t h at those persons had perjured themselves. At all events the onus probandi rested on those who had opposed the will on this ground, and as no satisfactory evidence was adduced to support such a charge, the Court had nothing else to do but to pronounce in favour of the will now pro pounded, as the will was opposed by the testator's daughter; however the Court would make no order as to costs. OLD BAILEY--(THIS DAY) OLD COURT. ACQUITTAL OF SHEEN THE INFANTICIDE. We yesterday stated that the trial of this man was fixed for Monday; but by a subsequent arrange ment after we went to press, it was fixed for this morning. Mr. CLARKSON appeared at the bar, and had, we understood, come to town on purpose to be present at this trial. Sheen looked much worse than he did yesterday. His countenance was pale, and he seemed to be wrapped in a sullen state of anxiety, while the in dictment was being read to the Jury. When asked if he were guilty or not, in the usual form, he put in a, written plea, which was read by the Clerk of the Court. It was neatly drawn up, and engrossed on parchment. The Clerk, however, (Mr. Shelton) read it in so low and inaudible a voice, that not one word in twenty reached the reporters. It was, however, ascertained that he pleaded hi s f ormer acquittal the same charge ; and that the child, for the murder of which he was now arraigned, was the same that he had before been tried for and acquitted: and that the child was as well known as " Charles William Beadle," as by any name in the present . Mr. Justice BURROUGH said, that the prisoner must put in the same plea to the Coroner's Inquisi tion, as well as to the present indictment. Mr. CURWOOD, for the Crown, put in a replica tion, which stated that the Crown could not be barred from prosecuting by any former proceedings, although it was ,true that the child for which the prisoner was tried before, was one and the same child, yet it was not so well known as " Charles William Sheen," or " William Beadle," as it was by any of the names charged in the present in dictment. Mr. CLARKSON then requested that all the docu ments produced at•the' former trial, might be pro duced now, to which Mr. Sergeant Andrews con sented. The Jury were then sworn to try whether the child murdered had been known as well by the name " Charles William Sheen," or, " William Beadle," as by any of the names in the present indictment. It having been admitted by the replication that it was the same child, Mr. CRESSIVELL then addressed the Jury on the evidence that he should adduce to prove his case, and besought them to take an unprejudiced view of the question. He then called John Sutton—Witness had examined the baptis mal register of the Church of St. George the Mar tyr. The register was at the clerk's house, and the copy produced was a true one. It was dated January 1, 1827, and stated the child's name te be Charles William, the son of Lydia Beadle. Elizabeth Cable was nurse to Willis's poor-house, knew Lydia Beadle, she was there delivered of a male child, she believed in January last; did not re collect when they left the house; knew the child, and saw it on the day it was murdered; it was the same child which had been born in the poor-house; Lydia Beadle was then single, but was married to the prisoner two months after the child was born; knew that child from its birth to its baptism by the name of " William," or " Billy ;" stood god mother at the baptism. By the COURT.—Should have known the child by the name of Wm. Beadle, if any one had en quired at the poor-house for it, although she knew it to have been baptised. By Mr. ANDREWS.—It was always called " William," or "Billy." William Sheen, the father of the prisoner, was then called. The prisoner, upon his appearance, also shed tears, and the old man evinced the greatest reluctance to answer the questions put to him.— Knew the child, but not till after its death; his wife did not know more about it than he did; had heard in its lifetime that the child was called " Charles William Sheen ;" had himself heard it so called; knew that it had been baptized. Mr. ANDREWS.—Whom did you ever hear call it by that name ?—(No answer.) Mr. ANDREWS.—Did you not say at the last trial that you never knew the child's name, or had heard of it till after its death ? The witness, after considerable reluctance, ad mitted that he had, and went down from the box, laid his head down on a seat, and exhibited the greatest mental affliction. Mr. ANDREWS then contended that the evidence was insufficient to prove that the child had gone by any other name than one of those in the indictment. He then called Sarah Pomeroy, who had lived in the same house with the child, and who always had heard it called " Billy," but would have known it as " William Beadle." A young Man who was present at the wedding, also knew it as " Billy;" but in his cross-examina tion by Mr. CLARKSON said, that although he knew the mother's name to be Beadle before marriage, he s h ou ld not have known it ,as " William Beadle," but should have known it as " William Sheen." The short-hand writer to the City of London, deposed that he took down the father's evidence at the former trial, and that he (the father) then deposed that he never knew the child's name till after its death. Mr. CLARKSON then replied upon the evidence, and observed to the Jury, that although on their verdict depended the life of the prisoner, yet he besought them to discharge from their memory, the fact that any crime had ' been committed, and merely to consider the dry question before them, as to whether the child had been as well known by the names in the former indictment, as those of the present, and confidently anticipating their verdict, lie left it in their hands. Mr. Justice BURROUGR, in his charge to the. Jury observed, that if they thought that the pri soner's life had been placed in jeopardy by the for mer indictment, they would then give him their ver dict. With regard to the child it was his opinion, that if a legacy had been left to t h e c hild as " William Beadle," it would certainly have been entitled to it by the evidence of the register. In summing up the evidence, he expressed himself rather in favour of the prisoner's plea. The Jury, after about five minutes' consultation, returned a verdict, that " The murdered child was as well known by the name of Charles William Sheen, or William Beadle, as by the names in the present indictment." The Learned Judge then made a most impressive address to the prisoner on his narrow escape, and the caution requisite for his future conduct. The prisoner then retired from the dock without any indication of feeling, and looked round as he left the Court with a stupid and careless gaze. ~tt ~4 SHIPPING INTELLIGENCE-(THIS DAY.) FROM LLOYD'S. DEAL, JULY 13. —Wind E. S. E. —Arrived the Juno, from Jamaica. His Majesty's ship Eden sailed yesterday for the Coast of Africa. PORTSMOUTH, JULY I3.—Wind E.—Arrived the Mary Ann, Boncart, from London, for the Cape and Calcutta. Passed, the Anteus, Pearson, from Antigua. Sailed the Doncaster, Miller, for Jamaica. PLYMOUTH, JULY 12.—Wind variable.—Arrived the Pelham, Roberts, from Irvine. DARTMOUTH, JULY 12.—Arrived the Duke of York steamer, from Lisbon. PENZANCE, Jut 12.—The Prosperite, Nuroy, from Chester to Rouen, was brought in here this morning, with damage and very leaky. GRAVESEND, JULY 13.—Arrived the Hector, from Leghorn; Columbine, Brown, from Jamaica; George, Campbell, from Riga; and Francis, Stonehouse, from Sicily. The St. Laurence, 111‘Dougal,: bound to Bay Chaleure, put back to the Clyde the 11th inst. leaky. THE MARKET -(THIS DAY.) COVENT-GAR EN MARKET. There was rather a limited su and the trade was brisk. Potato, berries, and Cucumbers, were r se'nnight ; in prices of other thi s. d. s. d. Potatoes (per cwt.) 5 Otolo 0 Cabbages (12 heads) 1 0 2 0 Cauliflowers 2 0 5 0 Cos Lettuces (score) 0 9 1 6 Horseßadish ( ( bundle) 2 0 4 0 Turnip Radishes 0 9. 1 6 Brocoli w 1 0 1 6 Celery 1 0 1 6 Rhubarb 0 6 0 9 Carrots (12 bunches) 6 0 12 0 Turnips 2 0 5 0 Coleworts or Greens Young Onions Leeks 1 0 1 6 Radishes (12 hands) 0 9 1 6 Cucumbers (brace) 0 2 '0 8 Sweet Oranges (100) 6 0 11 0 Sevllte Ditto 8 0 15 0 Lemons 7 0 14 0 apply at this morning's market, ies, Cauliflowers, hest ripe Gocse rather cheaper than on this day Logs no material alteration. s. d. s. d. Asparagus (100) . Spinage (half-sieve) 0 6 0 9 Green Pease 1 0 2 6 Cabbage Lettuces 1 0 2 6 Broad Beans 1 0 2 6 French Beans 2 6 4 6 Currants' 2 6 4 6 Gooseberries 1 9 2 6 Apples, Common 1 0 6 0 Ditto, Choice 7 0 12 0 English Walnuts 0 0 0 0 Span. Chesnuts (peck) 3 0 6 0 French ditto 2 6 5 0 French Walnuts 2 6 4 0 Spanish Hazlenuts Strawberries (pottle; 0 6 1 6 Raspberries 0 6 1 6 Cherries (121 b.) HAY MARKETS,-(A ST. JA s. s Lowland Mead. Hay 4 oto 5 0 Upland Ditto 5lO 610 Rye-grass Hay 510 61U New Ditt 0... Supply good, and trade rathe SMITH] s. s. Lowland Mead. Hay 4 Oto 5 0 Upland Ditto 5 0 6 6 Rye-grass Hay 5 0 6 6 New Aleadow Hay 410 5 0 A good supply, and a dull threatening to be lower. .t per Load of 36 Trusses.) ‘MES'S. s. £. s. Clover Hay 4 15 to 7 0 Oat Straw llB 2 2 Wheat Ditto 2 2 210 ;r dull ; prices as last quoted, FIELD. of. S. s. Cloy. Hay generally 5 oto 7 0 Do. extra fine 0 0 710 Oat Straw 2 0 2 5 Wheat Ditto 2 5 210 trade; prices stationary, but FISH-MARKET, BILLINGSGATE. The market this morning exhibited a fair stock of fish, but there was not a general assortment ; it principally consisted of Saknon, Turbot, and Whitings, of which there has been a considerable quantity during the week.- The following were the prices:- Prime large Turbots, Bs. to 9s, each ; small do. 4s. 6d. to 6s. each; fine Salmon, Is. to Is. 2d. per lb. ; do. in- ferior, Bd. to 9d. do. ; Salmon Trout, 6d. to Bd. do. ; line Whitings, 4s. 6d. to 6s. per basket (containing fif teen); large ditto, 4s. 6d. to 6s. (containing seven) ; good sized Brill, 2s. each ; Eels, 3s. 6d. per 51b., or 14s. per draught; Soles, 2s. 6d. per three good-sized pairs ; Floun ders, 2s. per quartern ; Haddocks, Bs. to 10s. per dozen ; fine Lobsters, 16s. per score;, do. small, Ss. upwards; good Crabs, 6s. to Bs. per score ; Shrimps, 3s. per gallon ; Newcastle Pickled Salmon, 20s. to 255. per kit. In the prices of other kinds of fish no material alteration. SPORTING-(RECEIVED' THIS DAY). LANCASTER RACES. u R SDAY, Ju LT 12. A Sweepstakes of 25 sovs. each, b. ft., for three.yr-olds, 6st. 101 b. four, Sat. five, Sst. 101 b. six and aged, Bsr. 121 b. Two miles and a distance. Mr. Wilkinson's ch. f. by Octavian 1 Mr. Hargreave's b. c. by Octavian Two paid. The Noblemen and Gentlemen's Plate of 70!. for three-yr olds, 6st. 121 b. four, fist. 21b. five, Set. 111 b. six and aged, 9st. Three mile heats. Mr. RoJinson's br. c. by Grey Walton, 3 yrs I 1 Mr. Simpson's b. c. Young Comus, 4 yrs 2 2 Nine drawn. The Handicap Stakes of 6 sovs. each did not fill. Cg.rzit.NA,-,-Tas. following is a statement of the Main Cocks fought between the Gentlemen of Laheashire (Rotbsvell, feeder), and the Gentlemen of. Cumberland (Woodcock, feeder), for lOgs. a Battle, and 200 gs. the Main.-26 Mains, 14. Byes : BOTHWELL. M. B. WOODCOCK. M. B. Monday 4 . 5 Monday ....... .... 6 • 1 Tuesday Wednesday Thursday BATH AND BRJSTOL RACES.......THURSDAY, JULYI2. The Original Five Sovereign Stakes, with 50 sovs. added from the Racing Fund, for three-yr-olds, 7st. four, fist. 71b. five, 9st. Sib. six, 9st. 121 b. and aged, 10st. Two miles and a distance. Earl Mountcharles's Royil Oak Mr. Goddard's ch. c. by Anticipation 2 Mr. Waine's b. c. Lawrence 3 Four others started. The Produce Sweepstakes of 50 sous. each, h. ft.—No race. The Bath and Bristol Stakes of 10 sons. each, with 50 added from the Racing Fund, for three-yr-olds, 6st. 10113. fore, Bst. five, bst. 91b. six, 9st. and aged, 9st. 2)b. Heats, two miles and a distance. Mr. Thorne's Forester Lass Mr. Dilly's b. in. Conquest After the dead heat Conquest was drawn CRICKET. A Match ivas played at Brighton on Thursday between the Officers and Privates of the 52d Intantry and the 7th Hussars, which was won by the former, as will be seen by the following statement 52D INFANTRY. 7TII PIUSSARS. First Innings 96 First Innings Bl Second ditto 9B Second Innings 63 Total 194 T0ta1....., 14 1 UNIVERSITY INTELLIGENCE. OXFORD, JULY 14.—0 n Thursday the sth inst. Mr. Charles Palairet, B.A. of Queen's College, was elected a Fellow of that Society, on Mr. Michel's foundation. On Saturday last the 'following Degrees were conferred : MASTERS OF ARTS. Rev. Edward Willes, Brazennose College Rev. George Robert Michael Ward, Fellow of Trinity Rev. Zachary James Edwards, Fellows of Wadham Rev. William Harding, Rev. Thomas Charles Webber, Christ Church BACHELORS OF ARTS. Geo. Thos. RobersOnTiordC;;; ; ;LNbitioner, Lincoln John Smith Priestman, Probationary Scholar of Queen's. In a Convocation, holden tbc, same day, the nomi nation of the Rev. John Henry Newman, M.A. Fellow of Oriel College, as a Public Examiner in Literis Humanio►ibus, was unanimously approved. On Monday last Mr. Frederick Wickham was admitted Scholar of New College. At a private Ordination held in the Chapel of the Palace at Sarum on the Ist inst. the following were admitted : _ . - - PRIEST.—J. C. Grainger, B.A. Downing College, Cambridge. DEACONS.—Anthony Crowdy, Brazennose Col lege, Oxford ; Frederick Dobson, B.A. Merton C o ll ege , Oxford. ECCLESIASTICAL PREFERMENTS. The Rev. Hugh Pollard Willoughby, 8.A.. of Exeter College, has been instituted, by the Lord Bishop of Glocester, to the Rectory of Burthorpe, on the presentation of the late Lord Chancellor, the Earl of Eldon. The Lord Chancellor has presented the Rev. William Marshall, M.A. to the Vicarage of All Saints, with St. Lawrence annexed, in the borough of Evesham, void by the death of the Rev. H. P. Cooper, the last incumbent. , On Saturday last, as a gentleman of this town was angling in his fish p on d, lie caught a pike weighing about 21135. which h a d recent l y swallow ed a bird its the size of a lark, that was still remain ingin in craw,almost a perfect state.—Cam bridge Chronicle. 70" FASHIONABLE AND MISCELLANEOUS The greater part of the foreign Ambassadors and Ministers were present at the splendid ball and supper given by the Marchioness of LONDONDERRY, on Thurs day night, at Holderness-house. Dancing was kept up with great spirit until five o'clock in the morning. Near 400 of the Nobility and Gentry graced the fete with their presence. - The LORD CHANCELLOR visited Mr. CAN NINC yeiterday. _ Sir JAMES HENRY REYNETT, Military Secretary to the Duke of CAmakplag, arrived in town on Wednesday night from Hanover. At the time of Sir .14.2415's departure, the Duke and Duchess of CAMERiDGE, and Prince GEORGE and Princess AUGUSTA of CAM BRIDGE, were in the enjoyment of good health. Sir. JOHN WYLDE, Chief-Justice of the Cape of Good Hope, transacted business yesterday at the Colonial Office. Mr. HOBHOUSE, Under-Secretary of State for the Home Department, had an interview yesterday with Mr. CANNING, at his residence in Downing-street. Mr. CROKER transacted business yesterday at the Foreign Office. THE EARL OF LIVERPOOL.—The Noble Earl sat up in his apartment during a great portion of the day on Thursday; the Countess of LIVERPOOL, who is un remitting in her attention to her afflicted husband, read to and conversed with his Lordship, whose speech has im proved since his recent illness, and his Lordship continued in the same favourable state throughout the whole of yes terday. The severity of the attack was such on Saturday, that his Lordship's life was despaired of till a large dose of laudanum was administered by Dr. DREVER to his Lord ship immediately on his arrival at Coombe-wood, after which the spasms ceased ; and we are happy to say that his Lordship, up to the present time, has not had any re turn of them. CHELTENHAM, JULY 12.—The Duke of GLOUCESTER is very punctual in his attendance at Mont pellier Spa every morning at nine o'clock, where he is welcomed by the Band (consisting of fifteen performers, dressed in elegant uniform), playing " God save the King." His Royal Highness, after drinking the waters, mixes in the gay circle of the promenade until ten o'clock. The Royal Duke rides out on horseback with some of the Gen tlemen of his suite every afternoon, and entertains parties of Noblemen and Gentlemen to dinner every day at Wil loughby House. His parties generally consist of about a dozen.—Amongst our latest arrivals, we may mention Lord and Lady W. Russell, Lord and Lady Chetwynd, Lord and Lady Harvey, Lord Jermyn, Sir Edward and Lady Miles, Sir John and Lady Owen, &c. The Duchess of KENT, accompanied by the Prince 'of LEINENGEN and the Princess ThrouoaE, and attended by Captain CONROY, honoured the Italian Opera with her presence on Thursday evening. The Prince of LEINENGEN visited Vauxhall Gardens on Wednesday evening, to witness the represen tation of the battle of Waterloo. The following communication has been re ceived by the Mayor of Cork, in reply to one from his Wor ship in reference to the visit of his Royal Highness the Duke of CLARENCE to the harbour and city of Cork : " Admiralty, July 4, 1827. " Sir—l have had the honour of communicating your letter and its inclosure to his Royal Highness the Duke of Clarence, and have received his Royal Highness's com mands to acquaint you that his Royal Highness's arrange ments render it impossible for him to visit Cork this year; but his Royal Highness, who has a lively recollection of his former visit to your City, hopes that circumstances will allow him to execute his intention of proceeding to Cork Harbour, and thence to the City of Cork, in the ensuing season. " His Royal Highness desires me to add, that he is sen sible of the attention of the Corporation, as expressed in the. Resolution of the Council, which you transmitted to me. " I have the honour to be, Sir, " Your most obedient humble servant, " J. W. CROKER." On Wednesday the Duke of GORDON had an audience of his MaJksxr at Windsor, and was most gra ciously received,—on which occasion he delivered the Green Ribbon worn by his Grace's Father, the late Duke of Gordon. Prince LIEVEN entertained a distinguished party to (liner yesterday at Ashburnham-house, Dover-st. BRIGHTON, JULY 13.--The Duke of DE VONSHIRE arrived here yesterday from Windsor, on his way to France. Nis Grace left Windsor at the early hour of four o'clock yesterday morning, arrived here about ten, and at twelve embarked in the steam packet for Dieppe. The Duke will remain in France a few days only, and then re turn, it is expected, by the way of Dover. The Marquis of LANSDOWN gave a grand entertainment yesterday, at „Lansdown-house, Berkeley square, to the Duke of Sussrx. Among other distin guished persons invited to meet his Royal Highness were— Earl and Countess Grosvenor, the Earl of Gosford, the Earl of Donoughmore, Countess de Bourke, Lord and Lady William Bentinck, Lord Holland, Sir Charles and Lady Doyle, Sir George Robinson, Sir Robert Wilson, Major Keppel, Mr. Brougham, Mr. Denman, Mr. Lanabton, Mr. Stephenson, &c. On Wednesday last, CHAS. BUXTON, Esq. gave a grand dinner to Col. Ross, Major CHATTERTON, and the whole of the Officers of the Royal Irish Dragoon Guards, stationed at Weymouth and Dorchester, at that Gentleman's hospitable villa, at Belle&Id. The Right Hon. C. W. WYNN and family, with several persons of the first distinction, embarked yes terday on board the General Steam Navigation Company's packet Harlequin, for Margate. COURTS OF CONSERVATORY.—On Monday next the LORD MAYOR, attended by the Sheriffs and others of the City Officers, will proceed in state down the River, for the purpose of holding Courts of Conservancy of the River Thames for the Counties of Essex and Kent. The ceremony of the confirmation of the election of Dr. PERCY, the new Bishop of ROCHESTER, took place, this day, in the Advocates' room, at Doctors' Commons, from whence the Bishop proceeded to Bow Church, attended by Dr. ARNOLD, the Vicar-General of the Diocese, 4 and Dr. JENNER as proxy, and several of the Advocates. Prayers being read, the Bishop advanced to a table, placed in the middle aisle, and took the usual oaths, against simony, &c. after which the ceremony concluded. INTERESTING TO TRAVELLERS.—The in habitants and visitors of Worthing and the adjoining coast will learn, with much pleasure, that the new Turnpike road from Crawley to Horsham, through the beautiful and inte resting tract of country Saint Leonard's Forest, is now completed and opened ; by this line of road above twe miles of distance is saved, making Worthing within fifty. seven miles of London, viz : Number of Miles. Number of Miles. VauxballßridgetoSutton 10 Crawley to Horsham 7 Sutton to Reigate Reigate to Crawley 9 Henfield to Brighton 10 Total ARCHERY.—On Saturday last the KING'S Prize, given to the Royal Company of Archers, was shot for by them at Hope Park-end, and, after a keen contest, gained by Josue Marrow, Esq. wine merchant, Leith. — The Royal Company dined in their Hall in the evening, Sir HENRY JARDINE in the Chair. Among the guests were Col. TEESDALE and the Officers of the Ist Dragoon Guards, and Col. WILLIAMSON and several Officers of the 92d Highlanders.—Scotsman. In this neighbourhood little remains to be done in the hay harvest : in many situations the crops were very heavy, and the greater part of the hay has been got together in the finest possible condition. The price of old hay is still high; 6/. 10s. and 71. is being given at Birmingham.— Worcester Journal. CAPTAIN FRANKLIN. n i o , v a vx J c h ean ha i s: e7 N o vi n u th a e pp si e d a e r F state n 3E; P;ARTlCwv,LiAcits.:et h t o h f a W t ti C ee aptain Franklin's fearing to go on, lest the Blossom should have failed in reaching its ap pointed destination, waf very unfortunate. Capt. Beech'ey did succeed, nnd had arrived at Kotze bue Sound, the appointed place of rendezvous ! Here the gallant ollicer,remamed, waiting in the fond hope of meeting the ovuland expedition, till the harbour began to freeze; when, to avoid being frozen in, he was reluctantly obliged to hoist his sails and depart. The following is an extract from a private letter from Capt. Beechey ; and its description of the writer's feelings and disappointments is to our mind as affecting es it is simple and natural. " SAN FRANCISCO, Nov. 4, 1826.4 " With the expectation of being by this time. on My way home, I quitted *St. Paul's on the 4th of July, and hastened to Kotzebue Sound, forming ,N p . e a r y.Nv t ghatwaited there o h e c re u . l f d o ur for days, hydr oga and rp then nmy pro ceeded to the northward. The weather was fine, and favourable for our purpose ; and we executed our work in a much shorter period than I could have expected, and succeeded in penetrating 120 miles farther than the Icy Cape of Captain Cook. Success, in this respect, excited our warmest expectation of similar good fortune in my much esteemed friend Captain Franklin ; but this was, a feeling which gradually subsided, as the time passed away without his arrival. I was` my self so sanguine of his success, from what 1 had seen of the coast about Prince Regent's Inlet, and the facility that was there generally offered :*so boats proceeding between the land and the ice, that the appearance of every baidar (native boat) that rounded the point of the anchorage , Tave rise to the most lively hopes : each succes sive,_, disappointment, however, and the near approach 9f winter, which had latterly , become coo evident, greatly tended to deaden these sen iations, until every expectation had :at length passed away. I determined, however, to. wait for him as long as it was possible, without being frozen in. Towards the end of September We were visited by different companies of natives, travelling homewards with their stock of provi sions for the winter, which they had been iccupied in collecting during the summer inontlis. This, in some degree, -broke the monotony of the scene; but their visits latterly became few and far between,' and we were eventually left quite alone. At length the edges of the harbour were frozen, and it needed 'only a :lay or two of calm weather to render the whole a mass of ice. This was a signal which I dared not disobey ; and on the 14th of October, with a clear sky, and hard frosty weather, we steered out of the Sound ; our minds filled with inxiety for our intrepid countrymen, to whose relief (in the event of their arriving subsequent to our departure) we endeavoured to contribute, by leaving a supply of flour on the island . Or them, and a case of beads, to enable them; to 2urchase the friendship of the neighbouring tribes." Having seen how very nearly Captain Franklin and Captain Beechey had approached each other,. the one in longitude 150 deg., and in so high a northern latitude that these degrees are only about 23 or 24 miles; the other 160 miles within Icy Cape, which lies in long. 160 deg., we cannot help feeling more and more vexation that the small intervening space was not surmounted, and their junction—the grand completion of the ex.- ! pedition—happily effected. " The expedition (thus concludes the letter in the Quebec paper, which we believe may be relied on) returns to Enland next year, by the lludson's Bay Company s ship, with the excep don of Captain Franklin and Dr. Richardson, who propose to go home by the way of Canada and New York. As Captain Franklin intends to travel the winter on the ice, he hopes to reach Montreal towards the end of August, .1827." Literary Gazette. * San Francisco is a pore in New Albion. FATAL ACCIDENT.--About eight o'clock` on Friday morning a very dreadful accident hap pened in Emsworth-street, Bayswater. Some labourers were employed pulling down an old building, the near wall of which suddenly falling buried three of them beneath its ruins. Some of their companions proceeded to rescue them, and a man named Riley was taken out quite dead, his skull .horribly fractured. The other two men were very much hurt and bruised ; one of them had his right hand shattered, and the small bones of his ancle broken ; they were re moved to the Hospital. MURDER OF THE LATE MR. CHADIVICA; —We have seen a private letter, addressed to one of the near relatives of this unfortunate gentle man, and which reached town this morning, stating that a person named Patrick Grace, who was taken up on suspicion on the evening of the dreadful transaction, has been fully com mitted, part of the property of the deceased hav ing been found on his person. The letter adds, that the Governinent Proclamation, offering a reward for the apprehension of the murderers, and. pardon to such accomplice as may give the ne cessary information for their conviction, is looked for with considerable anxiety. The friends and ng iii r in esp th e i c s ta f b er l o e ci o o r u d s er a n i d n c s o o l c d i - e b t l y o , d a e r e d u o n u c t r e a a g s e i their exertions to detect the mis crean t s concerne d connexions of the deceased, who are of the m os t , anal they have hitherto received every possible assist ante from the Police and local authorities.— Dublin Evening Mail. CAUTION.—On Monday evening, abo::t half-past nine o'clock, a female, apparently about the age of forty, attired in a large cloak, with a veil that half covered a face much marked with the small pox, and having a band-box in her hand, rapped at the private door of Mr. C. Thunder, Castle-square, and asked the servant if she might be allowed to retire to a' room and change was s l goi d n r g aw to in L g_ o r n o d om on , taking her band-box her calsoth shownes ,a s shei to w t that night by the mail. This requ est w as granted and she w with her. M. . E. Th un d er having some suspicion , told the serv ant to watch her, when it appear ed that the changing of her clothes was only .an excuse to ge t an opportunity of walking off with some v a l ua bl es ; but fortu nately there was nothing at that ti me i n t h e room of any value, which she p oss ibl y cou ld secrete within the small compass of into her empty band box. She took a survey of the apartments, and walked out of the room, thanking the servant for the accommodation she had received, but‘evi dently much chagrined at her disappointment.-- It occurred to Mr. E. Thunder, .while she was addressing the servant, that she had a peculiar voice for a woman, but not till she was gone did lie suspect the person was a man in disguise. He tot k the trouble to attend the coach-office at the time the mail started, but his fair visitor did not make her appearance.—Brighton Gaz. ---J! et can count, 6 pm• i 2 3; , 63 ; 16 pet' isEiatt, par, loute, 871, Luota- Ex vould fere& ready ttinc- .ctioo of the ►n in Aryer, 8 na, lead.' ser- ,n we thing m en poli- e, met!, pre, ;sent re ii! , an° Tile it be an d fr©n► ler ti asier ly is loss nucb oar tY ,ut i hi 1 ad noel ewer: Lderi >ted• rptl s atoll aster vhile ever,