The Sun. — London, England, 1827-07-12 00:00:00

901 1 , like pro- Arc% :d in the lever t de- tter ; fits to the lures lank Ige‘ ;ern- Ting igna t in RTC AR and Mr. the !igu lace Ider toes !nts ac a ch ine the tho 313 a i . resolution di the Howe of Assembly passed in tha last Session, to stop the allowances to the troops after the let of June, unless the grievances complained of by the imposition of duties without the Legis lature of the Islands' consent was fully redressed pre.. 'ions to that day; this, which is considered a subject of vital importance, was fully discussed by the Members of the Board, and on the question being put by the Chair man, it was agreed that they could come to no resolution, whereby it was conceived the whole effect of the resolu tion of the House on the 30th November, would be in full operation, and the allowances of the troops be discontinued. Accounts from Madrid, of the 28th June, mention that letters have been received from Andalusia, stating that a re volt had taken place amongst the military stationed at Al geciras, and at the camp of St. Roch. Twelve officers have been arrested, and the revolt put down. It appears that the Regiment of Lealtad was the most conspicuous in the above affair. Accounts from Pampeluna, of the 20th June, state that the commotion, in Catalonia and Arragon cause the greatest alarm to the Spanish Government, and a Procla mation had been published, inviting the Spaniards to rise en maim The French are repairing the fortifications of Parnpeluna, and provisioning the citadel for a year. Letters from La Guayra, of the 26th May, have been received via St. Thomas's. Their contents are chiefly of a commercial nature. Trade is described as improving. Bolivar was still at the Caraccas, and employing himself in making alterations in the Custom-house regulations. The country was tranquil ; and, upon the whole, the informa tion may be considered rather of &favourable character. Intelligence from Peru, via Colombia, has this morning been received. It is mentioned that the opposition to the Bolivian Constitution, is more and more strengthened, and many of the individuals which were most in favour of the Constitution, are now its most inveterate opponents. —There was some expectation that the Peruvians would make overtures to the Colombians, for the purpose of aiding them in overthrowing the Bolivian Constitution, and a body of 1600 men were proceeding to the frontiers for the avowed purpose of inducing the Colombians to join them in this measure. The news from Peru is considered gvaerally as extremely unfavourable. Gibralttir . Chronicles of the 20th June have been re ceived. On the.morning of the 19th, when the Colombian cruiser Pine lamella was becalmed in a fog, off Ceuta, two small Spanish revenue -boats boarded and took possession of the brig-ecbooner, her price, laying off the Eastern Coast, and carried her in the direction of Estepona, where she an shored, under the protection of the first tower in Terra Neuva ; upon which, the next day, the Pinehincha fired several broadsides. The prize has since been carried into Algeciras. His Majesty's packet brig Frolic has arrived with a Leeward Island Mail. She sailed from Barbadoes on the 19th May, and from St. Thomas's on the 7th June. The Marquis of Queensbury packet, from Falmouth, arrived at Gibraltar on the 19th ult. and sailed from thence for Malta on the 21st. THE FUNDS-(THIS DAY). CITY, Twelve o' Clock. nearly at the close of business the British Securities took a sudden start, and Console, which had been as low as 86} in the course of the morning, went up to 874 4. This is said to be caused by its having been ascertained that a pri vate arrangement had been made, by which no further Exchequer Bills would be thrown on the Market. This morning the first price for Consols was 854 86 for Money, and 874 4 for Account, and rose rapidly to 874, at which rate they were done, but have since receded to 874 4 for Account, after having been as low as 874 4. India Bonds, 86 8, and Exchequer Bills, 52 S prem. The Foreign Funds have had but few transactions; Mexican Bonds are 694 ; Colombian are 32, being a trifling advance, arising from the state of the account rather than to any other cause; Greek are 17 4. Shares remain in the same inactive state, nor has any alteration. taken place in prices. Three per Cent. Consols, 88 4 ; Ditto for Account, 274 4; India Bonds, 86 8 pm. ; Exchequer Bills, 52 3 pm. Foltz/sm.—Brazilian, 594 60 - Buenos Ay res , 82 3 ; Chilian, 27 9 ; C o l om bi an , 1824, 3112 ; Danish, 62i; Greek, 174 ; Mexican 3 per Cent., A l 6i ; Ditto 6 per Cent., 60 4; Peruvian, 254 64; Portuguese, 78 ; Russian, 944 ; Spanish, 104 11. 3 14zEs.—Angle Mexican, 45 40 die.; Brazilian, 1 dia. Pse; CulOmbian, 10 12 per Share; Real del Monte, $0 60 dic,; Unitad Mexican, 19 18 dis. Two cloa. Consols h ave b een 87i for Account, sellers o' ; are now buyers, pith little business. Three per Cent. Reduced, 864. Th Exchequer Bills have ad vance d to 55 pm. e Foreign Funds have been without any variation, except in Colombian Bonds, which are' 32k; it is now said the Congress have refused to accept the resignation of Bolivar, HALF-PAST TWO. Consols, 874 buyers—Colombian have been 33, are now 314 32. FOUR .o'CLOCK—CLOSING PRICES. Consols 858 86 Danish Bonds 63 Do. for Ac. 878 i Greek Do. 1825, 16 Brazilian Bonds Mexican Do. 1825 698 Buenos Ayres Do. Peruvian Do. Chi Han Do. Russian Do. 941 Columbian, 1824, 324 Spanish Do. ]O LORD PALMERSTON'S FIRST LEVEE.— Thug day Lord PAttazurrow held his first Levee, at the Horse Guards, as Secretary at War. In consequence of its being the first since the resignation of the Duke of W2LLINCITON as Commander-in Chief, it was very nu merously attended ; upwards of seventy General and other Officers waited on the Noble Secretary. Viscountess ITAMPDEN had a grand dinner party yesterday, at her house in Great-street, Grosvenor_ square. The Ladies FITZPATRICK entertained a dis tinguished party of the haut ton yeaterday evening, at their house in Grosvenor-place. Lady MART MITRE entertained a select party of fashionable+ yesterday evening, at her house in Groove nor:sqnare. We understand that Lady BYRoN has en gaged Bifrons, near this city, the scat of EDWA zn TAYLOR., Zig. —Kentish Chronicle. The Lady of Baron ANSELA: ROTHSCHILD was safely delivered of a son on Saturday last, in Paris. XING'S THEATRE. —Mr. EBERS'S Benefit is, we perceive, announced fur to-night. It cannot fail to be fully and fashionably attended---first, from the well known unremitting anxiety of Mr. Emma to cater for the amusement of the public ; secondly, from the strength of the talent engaged, which includes th e celebrated names of PASTA, COkIIICOA, CAZADOILI, CUIZIOXI, Toliti, Di vii -Lx, and Giesituct. We heartily wish our friend FEIIae all the success which he deserves. THEATRICAL UPROAR. --.....O n Saturday, J une soth, a piece, called the C o7 itY fliaCe, was performed at a minor theatre of Rouen. The erdience did not ap pear to ap preciate the mer i ts of the performers, and had ridiculed more than their patience could bear. Just as the curtain w a s about to fall, the performers assailed the i n hand, and attacked several persons, and M in sword one, in particular, who had been mo st acti ve in chewing his h o stility. The ladiee_ were terrified, and a v i olent carnage was expecte d, when the Co mm issary o f Police, who happened to b e accidentally pre sent , lifted up his voi ce , and restored calm. L o u r n t i l c C i s p o a u l t Trargibeutnhael performers Were ormers Were summoned before the and were fined and imprisoned.- French P aper. A case of breach of pr omise of marriage i s ex pected to corn* on for trial a t the ensuin g A ssize . for Bussex, which ca n no t fail to prove what is called " a sport jag cause." The eircumbtantocccabe it to be set down i rr l eda little previously to the l ast c i rcu i t , b ut too near to en for tri al at that time. The defen d ant srellaed, distinguished lady well kno wn in Brighton, bein g , with her sister and "Irresistible," n " De_ b.y the si ngular appellation of the fiance," and " Linchpin. " They possess a Handsome in come, and are exceedingly dashing in thei r appearance. The gentleman was formerly a banker in Ireland . Yesterday afternoon the Queen of WußTEm sea°, and her Royal Highness Princess AL TA recreation for upwards of tw o h ours i n t h e G r U ea S t 4took Park. a G- Madame de BURG, widow of the late Danish Minister to this country, has had the honour of re ceiving an imitation from his 31Ancsrr to pass a few days At Windsor. LAW INTELLIGENCE.--(THIS DAY.) COURT OF CHANCERY. The Loan CismscaLLtas sat in Lincoln's Inn Hall to-day. IN TISK )lATTZL OF JOHN AND CROSS STARK'S, BANKRUPTS. Mr. Suanin moved that this matter might stand in the paper for Saturday. It was of much importance, in consequence of the nature of the property, that it should be heard forthwith, the point being short too. ATTORNZT-GZHIRAL V. LORD HOTZAM. The LORD OSA/MELLOR gave judgment in this appeal, from a decision of the Master of the Rolls. The question related to the identity of a piece of land, called the Hall Platte. His opinion was, that from the explanation that had been given at the sale of the lands coming under this denomination, the landelin question had bee. fully identified, and that the decision of the Master of the Rolls had substantially decided the question. This having been so, the Court dismissed the appeal with costs. CZAMBISCII V. WATXZe. Mr. SUCDIN stated that this case had been often heart before the late Lord Chancellor, and that on the last occ g sion it was proposed that unless the defendant, who had been a long time in contempt for not putting in his answer, and had been in France, did not pay the costs of putting in the , answer, and put it in within a given time, an order should be drawn up, dismissing all the motions Mr. Taylor had made in the course of the cause,!,with costs. He had not paid any costs yet ; the time for putting in the answer had • long gone by without its being put in ; he was still in France ; and the present motion war, that an order such as had been proposed might be drawn up, unless the answer was put in, and the costs paid, within a week from this time.—Motion granted. DI Vint' T. NOBLE. Mr. ScrapEx stated that this was a case that had been heard by Lord Eldon, who, it was expected, would have given judgment in it; but on having been applied to for it, his Lordship had sent back the briefs he had, with this endorsement, " This cue having been only part heard be fore me, and it having stood over at the request of Counsel, it is, as far as lam concerned, done with." Consequently, the present application was, that the cause n4ght be al lowed to go into the present Chancellor's paper.—Leave granted. MliMill V. DAVIS. Tke Common Law Counsel haying attended in this case to-day again, the motion for new trial proceeded—this baring been the third day occupied by the motion. COURT OF COMMON PLEAS. (Sittings at Westminster before the LORD CHIEF JUSTICE, SCOTT ♦ND SUSANNAH HIS WIFE, v. CLIMINT. Mr. lioaanttrxr opened the pleadings. It was an action, he said, for libel, for certain publications, which ap peared in the Morning Chronicle and Observer news papers, of which the defendant is the proprietor. Mr. Sergeant BOSANQUIT stated the case. It was one which required the most serious attention of the Jury, and was of the deepest interest to the plaintiffs : it was also of deep interest to the proprietor, who was charged, as the proprietor of two newspapers, with having published in them paragraphs respecting Susannah Scott. These publications, excepting the last charge, imputing to her perjury, adultery, and theft, professed to be certain affidavits filed in the Court of Chancery. One of these was the affidavit of Bearge, a groom of Mr. Long Wel lesley, and stated that Susannah Scott had been guilty of perjury, inasmuch as she had sworn to a false affidavit; and that she had had an illicit intercourse with a French man named Bergery, who had been the cook of Mri. Helena Bligh. The other affidavit published by the defendant was that of Maria Evans, and it imputed adultery and theft. The third publication charged against the defendant as libellous, purported to be a report of certain proceedings at a police-office, connected with Mrs. Bligh, who in that report is made to charge Susannah Scott with theft. To so much of the declaration as charged the defendent with imputing perjury and adultery, he put in the general plea —not guilty. In his first plea he alleges: that Mrs. Scott had been guilty of theft and adultery, but does not allege the truth of that part of the libel charging her with perjury. With respect to this latter charge, the defendant pleads that the publication in which it is contained was an affidavit filed in Chancery, upon a petition heard before that Court. That the matter of the affidavit had been heard and discussed there, Ind that the defendant bad published a full and impartial report of the proceedings in the Court, and that the a ffi davit in question foimed part of it. The defendant, in his second plea, omits the allegation that the charges of adultery and theft were true; bet, as in the former plea, insists that he merely published an impartial report. In his third pleahe justifies all that is contained in the affidavits of Bearge and Evans, without resting his defence on their having formed part of the proceeding: ii Chancery. He also justifies the charge made in the Police report as true. With respect to those parts of the plea which justified the adultery and theft, it would be indispensable to the Learned Sergeant to wait until some sort of evidence was offered by the defendants. It was of course impossible for him to anticipate what that evidence would be, and until he heard it, he could not think either of commenting on it, or of offering evidence to rebut it. The Learned Sergeant then proceeded to read the affidavit of Bearge, which was made December 2, 1826. This affidavit, after reciting a passage in an affidavit made by Susannah Scott, to the effect that Mr. Wellesley had upon some occasion waited near the residence of Mrs. Bligh, until an answer was brought to him from that lady, declared that the whole of that statement was false. This, the Learned Sergeant said, was a ,direct charge of wilful and corrupt perjury. The affidavit of Bearge went on to say that he had been informed by one Bergery, then in Paris, that he had taken improper familiarities with Su sanna Scott, and had illicit intercourse with her, and Bearge expressed his belief in this communication so made to him. The next affidavit which the de fendant was charged with publishing, was that of Maria Evans. Evans says that she had been informed by a nurse that an illicit intercourse had been carried on between Bergery and Susanna Scott, and the deponent verily believes the same from having frequently seen Ber gery and Susanna Scott coining of out each others' bed rooms, and from haring heard them talking in their bed rooms at very unseasonable hours. This intercourse had been much talked of in the family of Mrs. Bligh, and the deponent further says, that, to the best of her belief, Bergery took lodgings for Susanna Scott, who lived with him as his mistress, and that he had subsequently left England to get rid of her. This af fidavit of Evans also states, that Susanna Scott had stolen one silk, and several other dresses from Mrs. Bligh ; and that Mrs. Bligh had refused to settle her account until she (Susanna Scott) brought some of them back. In the last libel, viz. that which purported to be a report of the proceedings at the police-office, to which Susannah Scott was no party, there was also a direct imputation of theft. These proceedings arose out of some charge made by Mrs. Bligh against George Scott, the husband. In that report Mrs. Bligh is made to say, in answer to a_ question put to her, as to her reason for discharging Susannah Scott, " I discharged her for theft and impropriety of conduct." The Learned Sergeant entered into a variety of details, with a view of showing that the publication of these two affidavits could not be justified on the grounds that they formed part of a repel.; of proceedings in Chancery, inas much u the defendant had not subsequently published in his papers the affidavits filed by the plaintiffs and tither'', distinctly denying the charges made in the affidavits of Bearge and Evans. This was not the case of a person tak ing notes for a newspaper, who, supposing that he was doing no wrong, might think it his duty to publish certain charges, even before the conclusion of the case, with the honest intention also to publish anything which might be urged in reply er in explanation of the charges. This was no such case, for the affidavits in question, had never been used, read, or commented on in the whole course of the Chancery proceedings. No person had even taken office copies of them, except the solicitors of the respective parties. Did the defendant then search the offices of the Court of Chancery, for the purpose of finding any filth which he thought might gratify the curiosity of his readers, or did he do what was still worse, lend himself to any other person who might feel an inclination to bring Mrs. Scott into disrepute, because she made affidav;ts adverse to certain parties? The Learned . Sergeant after urging the usual topi,s in aggravation of damages, left it to the Jury to say by their verdict, what compensation in damages would repair the injury done to the character of Mrs. Scott. The publication and proprietorship of the newspapers by the defendant were admitted, and the libel. put in and read by the officer of the Court. The affidavit of Maria Evan., appeared in the Observer of the 24th of December, and in the Morning Chronicle of the 25th of December, 1528. The affidavit of Joseph Bearge, was published in the Morning Chronicle of the 26th of December, and the repo r t of the proceedings of the Marylebone Police-office, appeared in the same paper of the 3d of January, 1827. William Miller, examined by Mr. Sergeant ANDREW% -1 have known Mrs. Scott from her birth ; she is now 24 or 25 years old ; her maiden name was Porter, and her f iends and a huslive in the City of Ely; her f at h er is a m ar etk gar ener bandman ; I did not know her husband until after they were married ; I knew them afterwards at King-street, Soho. Cross-examined by Sergeant Virunz..,-1 went with AVM (the husband) to MM. Bl4ll's - honse, and afterwa' rde to a Police Offiter'sVith'him. - Mrs,. Scott has b een un d er my observation for nearly mix years; did not know her in Lisle-street, Davis-street, Berkeley-square, Rathbone place, Drury-lane, or a Court off the Strand. The witness was examined at considerable length as to the nature of his acquaintance with Mrs. Scott. She had been constantly under his observations, though he had often not seen her for intervals of Six months.—(A laugh.) Mr. Sergeant Wrinz.—Nov, do you know enough of her to say on your oath, that she did not walk under the Piazzas of Covent-garden, and in the Strand, as a common prostitute ?—Witness—On my oath she never did to my knowledge. • Mr. Sergeant Wrz.nz was .proceeding to examine this witness, ae to the •eircumstances under which Mrs. Scott lived with a Mrs. Barbury. at Stoke Newington, when Mr. Sergeant 'Cross objected to that line of evidence. The LORD Cruz,. JusTrcz thought it highly irregular— when a specific charge was made againif an individual, and when an individual came into Court upon that charge, it would be tyranny to bring forward imputations against his whole life. This would be in fact not trying the spe cific charge, but entering into a general history. E very person must be frightened at the idea, that a publisher of a Newspaper should, in the first instance, have it in his power to make a specific charge, and subsequently endeavour to justify that by a general charge made for the purpose of criminating the individual whom be had in the first instance libelled. Mr. Sergeant WILDI said, that his Learned Friend Mr. Sergeant Bosanquet had talked of compensation for the in jury, and said, that no damages could repair the injury done to the lady's character : he had next produced a wit ness who talked of this lady from her very birth. U nder these circumstances the Learned Sergeant thought t h at h e had a right to know who the witness was, and who an d w h at the lady herself was, in order that the Jury might have an opportunity of judging of the injury done to her feelings. The Learned Sergeant did not adopt this course for the purpose of avoiding the necessity of proving the truth of the charges on record, as he meant to support them by the most direct evidence. Mr. BROUGHAM followed oh the same side, and said, that as the witness had given an interesting account of the old gentleman, her father, who was described as a market gardener and husbandman at Ely, it might not' be un important that the Jury should know whether M rs . S cott was not herself a professional lady.—(A laugh.) The LORD CHM' J U STICI, after readi ng t h e c h arges as set forth in the pleadings, said, th a t th e d e f endant had no right to prove any thing but those charges. This is my opinion, said his Lordship, and I wish it to be on record, if I have stated it wrong—it is important that it should be known at this time, when there exists such a strug gle between the press and the justice of the country, that when a party makes a charge against any person, and puts him, as it were, on his trial for the preservation or destruction of his character, that party cannot be at liberty at that trial to travel beyond that charge, for the purpose of making a general attack on the individual against whom he had in the first instance made that specific charge. John Jefferson, from the Affidavit Office, in the Court of Chancery, produced the affidavits of George Bearge, and Maria Evans, filed Dec. 14, 1826, and stated, that office copies had been given only to the solicitors in Beaufort v. Wel lesley. The witness also produced the affidavits filed by G. Scott and his wife on January 5, 1827, as well as affida vits filed by Anne Shaw, James and Mrs. Nicholas, and by a person named Hodges. Robert Wheatley, clerk to the plaintiff's attorney, searched the files of the Morning Chronicle and Observer news papers, for the purpose of ascertaining whether any of the affidavits filed in answer to those of B earge and Evans had been published in either of those papers. The wit ness did not succeed in discovering any such affidavits in these newspapers. James Fitzgerald, a short-hand writer, attended all the proceedings in the Court of Chancery, and was certain that the affidavits of Bearge and Evans had not been publicly heard or discussed in that Court. Cross-examined by Mr. PLATT.—On the 21st of No vember, the affidavit of Mr. Scott and his wife had been the subject of discussion by Mr. Shadwell, and had been much relied on by that Learned Gentleman, who was counsel against Mr. Wellesley. At one time the Lord Chancellor asked who dared to publish the affidavits in a cause still pending before him, and threatened to commit a n y suc h person for contempt:3k :. "- Lora Chief Justice Brsr—lt is a great pity he did not effect his threat; no person could have objected to its pro priety. Several affidavits produced by Jeffersca were then handed in. Mr. Sergeant Want then addressed the Jury for the defendant He said, the" knowin7 the general correct ness with which his Learned Friend conducted a case, and assuming him to hive received full and correct information en the present, he could not help expressing his surprise that his Learned Friend should speak of the publica tion by Mr. Clement as one of peculiar malignity.— Whatever became of the present case, and it would not be becoming of him ',Sergeant Wilde) to anti cipate its result, he was sure there was nothing which Mr. Clement conceived equal in importance to the con tradiction of the charge that he had published a ma lignant libel on any person. Whatever difficulties Mr. Clement might be exposed to as an editor, and the perils and difficulties of an editor were great, Es had never been known to publish anything with a malignant intention, and defied the world to prove that he was guilty of such base conduct. It was very true he might be imposed on, for a newspaper editor must often repose on the accuracy and good faith of others, knowing that he was responsible for their accuracy and good faith. Mrs. Scott and her husband brought an action, complaining that Mr. Clement had published statements injurious to Mrs. Scott's character. It was, therefore, of essential import ance that the Jury should know who Mrs. Scott was ; for how could they award compensation for character, with out knowing whether that character was of value or not. In considering the present case, it was most important that the Jury should be acquainted with the nature of the libel, which was the subject of the present action, and which it was alleged reflected on the plaintiff's character. It was for the Jury to see whether the libel was a loose paragraph, the creation of private ma lignity, hatched for the indulgence of private slan der, and first made known to the world by pub lication in the defendant's paper, or whether it was an accurate copy of evidence given in a Court of Justice, with all the solemnity of an oath, and under the responsi lity of an indictment for perjury if what was thus sworn was false. The latter was the present case ; the libel was neither more nor less than the correct copy of an affidavit, nude in the Court of Chancery, in which the names and situations of the parties making the affidavits, as well as those reflected upon in those affidavits, were accurately described. If this case should be decided against Mr. Clement, he (Sergeant Wilde) hoped to hear no more observations on the value of the freedom of the press in Courts of Justice.-- If the present defendant was guilty of publishing a malignant libel as stated by the plaintiff's Counsel, to talk of the freedom of the press was only a snare, for there was so much difficulty in know ing how to give the proceedings in Courts of Jus tice, there was. so much accuracy required, and so much f r i n ge to be added to the material facts of the case, that the man who spoke of the freedom of the press, as con nected with the publication of proceedings in a Court of Justice, only meant to insult the understanding. If the defendant could not sustain his cause, the maxims he had been use - cl to hear about the freedom of the press, were only calculated to mislead. The editors of news papers, naturally turned their attention to matters of great interest, and were anxious to obtain full information on such matters. If newspapers were confined to the publi cation of the Court Circular, and to mere tea-table gossip, it was true they might have some circulation, but they would be entirely depriv e d of their interest and their use. In fact, to confine a newspaper to such limits would be incompatible with its existence. A newspaper editor naturally sought to obtain information on matters of general interest, and during the last year a ques tion came on in the Court of Chancery, of me ' rnentous interest. It was, whether a father should have the bringing up of his own children ? An exten sive subject, and one of momentous public interest. It appeared that if children were entitled to a property under certain circumstances, the Court of Chancery assumed the right to decide who should bring up those children. The power thus arrogated by the Court of Chancery, was one of the greatest importance. No one could hear of such a power, without being alarmed that a bequest of property should deprive a child of the guardian ship of a parent, and that the children and parent should thus be separated and held up to ignominy. This was the subject which gave rise to the present action; and he repeated that there could n ot be a subject of more momentous interest to the public. The plaintiff complained that the de fendant published the particulars of this case day by day. When, he asked, were the public to hear of it, if not day by riay ? It was said, when the case was deter mined. To this he would answer—" Do not mock us." What object would there be in publishing a Chancery snit at its end ? By that time its origin would be a matter of history, a coucern of the last age, and not of the present. To a • nettgpaper such a permission Would be of no advantage, for . the public were Only interested in what was pass ing around them. He wished the Jury to understand the difference between the objection to publishing the proceedings in 'this cas:', and in cases where an individual was brought to a Police Office, and a charge was publish ed hgainst him, which, of necessity, rested for some time without refutation, and was read Ly those who were after wards to be his Jury. The objection to the publication of such proceedings was, that an impression was created, and the Jurors liable to be prejudiced. But in the pre sent case there were no jurors, and those who knew any thing of the great mind of him who then presided over the Court of Chancery knew that his mind was not to be lightly prejudiced. In November an affidavit was made by Mrs. Scott, reflecting on Mr. Wellesley and Mrs. Bligh. He called on the Jury to bear in mind this'fact. The affidavit then made by Mrs. Scott charged Mr. Wel lesley with acts which rendered him unfit to manage his own children, and imputed to Mrs. Bligh such conduct, as, if true, would have rendered her infamous. Well ! Mr. Cle ment published every word of this affidavit. He had given Mr. W. and Mrs. B. the dregs of this bitter cup in November. Long after an answer was filed to that affidavit, and then what was the course adopted by Mr. Clement ? He pub lished the answer, stating all that was stated in the affida vits upon the oath of two deponents, and those he published as he had before published the affidavit of Mrs. Scott, as documents on record. On the 11th Jan. the Lord Chancellor expressed his opinion, that no affidavits filed in the cause ought to he published, and after that intimation of his Lordship's opinion, no affidavits were published by the de fendant in the same form ; but on the 17th of January, when the arguments were resumed, and Sir Charles Wetherel, Mr. Shadwell, and Mr. Horne, severally addressed the Court, they alluded to the affidavit mad e by Mrs. Scott, and in commenting upon that affidavit, as well as upon others filed against Mr. Wellesley, used all their powers and ingenuity to defend the statements contained in Mrs. Scott's affidavit, or in other words to set up Mrs. Scott and pull down Mr. Wel lesley. The speeches of all those Counsel who commented on Mrs. Scott's affidavit, with a view to establishing their truth, were all given correctly in the defendant's paper. The Jury now saw how the case stood. The defendant pub lished an attack on one side in November, and in December an answer was put in to that attack, and it was now complained that the defendant had not allowed the attack to rest longer. In the answer it was stated that the plaintiff was a servant of Mrs. Bligh's, and had been discharged. She had come before the public as a volunteer witness against the mistress who had cast her off, and it was therefore important that the public, who had read her evidence, should know who and what she was. it was stated, that whilst in Mrs. Bligh's service she had been guilty of adultery and of theft, and the question for the Jury to decide was, not whether the defendant had published the affidavits a day too late or too early, but whether these charges could be sus tained. He thought he should be able to make out to the satisfaction of the Jury, that the plaintiff was guilty of adultery and theft. [The Learned SZRGEANT had not concluded his speech µ•hen our Reporter left.] THE ARMY. A detachment of the 4th, 11th, and 13th regiments of Light Dragoons, have received order to march, to-morrow, from Westminster, for Maidstone. A detachment of the 7th Dragoon Guards will also march from Westminster to Coventry. A detachment of the 35th Regiment of Foot will march for the Isle of Wight, to-morrow. A detachment of the 76th Regiment of Foot will march from Westminster to Jersey. The very general approbation, not to say admiration, which the close firing of the right wing of the brigade ex cited yesterday, was not owing to the superior discipline of that battalion over the other, but was in a great measure attributable to the new arms which had been issued previ. ously to the review. The sergeants were also supplied with new halberts upon the occasion. FASHIONABLE AND MISCELLANEOUS, Wxbrnuoit, JULY IL—Yesterday the KING, accompanied by the Duke of Dxvowsxxxx, the Duke of Doasrr, and the distinguished attendants of his household, proceeded from the Royal Lodge in pony phaetons, to Virginia Water, where, after inspecting the new water fall, the new bridge, the site on which the Elgin Marbles are erected, his MAJESTY proceeded to the new fishing temple, where, with his Royal party, he embarked on board the new cutter, and took a pleasurable excursion on the bike, and at half-past seven o'clock returned to the Lodge, where his MAJESTY was met by the Earl of Fur, Lord and Lady GWYDYR, and Madame Da BURG. The whole of the distinguished party had the honour of dining and passing the evening with his MAJESTY. The Band were in attendance, and played during the evening. This day it is expected that his MAJESTY will visit the Castle, and dine with his distinguished visitors at Vir ginia Water. The Duchess of CLARENCE, accompanied by the Princess CARLOTN, Miss FITZCLARZN'CE, and Colonel Cooran, left her residence in Bushy-park yesterday morn ing, at the early hour of seven o'clock, in a carriage and four, to proceed by easy stages to the seat of the Earl of MOUNT EDGECUMBE, near Plymouth, for the purpos e of joining her Royal Consort, the LORD Hen. ADMIRAL, a n his tour of inspection. The Duchess, it was expected, would stop at Salisbury yesterday afternoon, and sleep there, reach Weymouth this day, and leave there to-mor row morning, for Exeter, where her Royal Highness would stay all night, and then proceed to the seat of Lord MOUNT Eno ECUMBE, to meet the Duke of CLARIENCR at Plymouth. Mr. CANNING, the Marquis of LANSDOWN, Mr. Secretary 800 art', Viscount Go DERICH, Viscount PAL MIRSTON, Mr. WYNN, Lord BEXLEY, and others of the Ca binet Ministers, left town about four o'clock yesterday after noon, for the purpose of attending a Cabinet Council, at the seat of the Loan CIIANCRLLOR, at Wimbledon. After the Council, the LORD CHANCILLOR gave a sumptuous dinner to his colleagues. The meeting of the Lords of the Privy Coun cil, which was to have been held yesterday at the Council office, was postponed, the Earl of HARROWBY, Lord Pre sident of the. Council, being unable to attend, owing to the dangerous state of his Lordship's daughter, Lady EBRINOTON. The Earl and Countess of HA RROWA Y have taken up their abode at the residence of Earl FORTESC UF, f a ther-in-law to Lady EBRINGTON, in Grosvenor -square. The grand dinner parties intended to have been given by the Earl of HARROWBY to-day, and also to-morrow, have b een put off, in consequence of the illness of Lady EBRINGTON. Prince ESTERHAZY, the Austrian Ambas saor, transacted business yesterday at the Office of the Secretary of State for Foreign Affairs. THE EARL OF LIVERPOOL.—It is remark able that a few minutes previous to the spasmodic seizure with which his Lordship was attacked on Saturday last, the Noble Earl had mentioned to the Countess of LIVER POOL, with whom he was conversing, his intention of visit ing Widmer Castle in a short time, and was giving direc tions for the necessary preparations for his departure, when he found his hands numbed with the cramp. The attack was so decidedly considered of a spasmodic nature that a very large dose of laudanum, of from 90 to 100 drops, was immediately given to the Noble Earl by Dr. DREYER, aft er which his Lordship had no return of spasm. Dr. DREVER, after issuing the following bulletin, came to town yester day afternoon : " Coomna•Woon, JULY 11.—Lord LIVERPOOL was able to sit up yesterday the greatest part of the day, which he did nearly as comfortably as previou s t o t h e spasmodic attack, and h a s passed a tranquil night, with a good deal of sleep. (Signed) " T. D." Mr. PLANTA. leaves town thin morning, for a few days only, as he is expected to return to his official duties at the Treasury about the beginning of next week. The following Gentlemen have been called to the Bar by the Hon. Socxxxt of the INNER-TEMPLE, viz. —T. Tommort, Esq. F. J. HALL, Esq. T. M. MAUDE, Esq. E. M. ARCIIDALL, Esq. R. B. WlNcrixim, Esq. and W. A. Hut.Tox, Esq. The Dowager Marchioness of SALISBURY entertained a distinguished party to dinner yesterday, at her house in Arlington-street. BITIPPINO INTELLIGENCE-(THIS DAY.; FROM LLOYD'S. DrIL, JULY 11.—Wind S.E. by E.—Arrived from London, the frussaren, Gibson, for the Cape ; Rapid, Warren, and Express, Wells, fur Gibraltar ; and Diadem, Smith, for the Coast of Africa. FALMOUTH, JULY 10.—Wind N. W.—Arrived the Frolic packet, Barron, from the Leeward Islands ; sailed from 3t. Thomas'. the 7th June. PORTSMOUTH, JULY 11. —Wind N. by E.—Sailed the Frederick, Legge, for New South Wales. GIBRALTAR, Jurist 19.—This morning, while the Pin chincha, Colombian privateer, was becalmed in a fog, off Ceuta, two Spanish Revenue boats took possession of the brig schooner, her prize, and carried her away. MESSINA, Julia 20.—The Annanziata, from - Leghorn and Palermo, was wrecked on the Islandof Lipari, the 7th instant,. The Frenice Laguna, from Trieste to Gibraltar, was wrecked, 7th instant, near Chesiola. The Industrie Mayoli, from Lanzarotte to Maldonado, was wrecked on the Isle of Sal, the Ist March—crew and passengers saved. The schooner Waterloo, of Barbadoes, is totally wrecked ~ff Porto Rice—crew saved. OLD BAILEY-(THIS DAY) These Sessions commenced this morning before Mr. Sergeant AR.ABIN, the City Officers, &c. The Calendar contains 252 prisoners for trial, of which two are for murder, seven for burglary, one for cutting and maiming, one for uttering counterfeit coin a second time, ten for highway robbery, seven for house-breaking, eight :or stealing in a dwelling-house, five for horse-stealing, three for sheep-stealing, one for bigamy, one for a post-office robbery, four for embezzlement, thirty-nine for stealing from the person, three for receiving stolen goods, one hundred Ind forty-nine for larcenies, two for rescuing a felon, two for perjury, three for fraud, and four for uttering counterfeit coin, not having been before convicted. Mr. Justice BURROUGHS and Mr. Justice Gazsrats, took their seats at about a quarter past ten. (Before Mr. Justice BURROUGH.) John Byford Smith, aged 21, John Wright 20, and Joseph Wells, 16, were convicted of a burglary in the house of Andrew Barclay Drummond, Esq., and stealing a box-coat, his property, a coat and other articles, the pro perty of Bryant Benwell, his coachman, and a coat and other articles, the property of Wm. Wheeler, his groom, on the 6th of June last. (Before Mr. Justice LITTLEDALI.) TVm. Raymond, aged 26, Charles Johnson, 19, John Cowley, 21, and George Lord, 28, were indicted for assaulting Henry James Harman, and stealing from his per son 11. 2s. 2d. his monies. The prosecutor stated, that on the Bth April he was in the tap-roo, - a of the Black Dog, Drury-lane. The prisoners were there, and about 30 other persons, Lovel was acting as waiter; the three others were sitting at a table with him, one of them said, he should not go till he had tossed for a pot of beer; he did so, and lost it ; he then lost a second pot, and, throwing down a shil ling to pay for it, tried to get away, but the four prisoners and several others prevented his leaving the room ; he could not say that any of the prisoners touched him, but some of the persons who surrounded him held up his arms and seized from behind him ; he had the money in his waistcoat pocket before the " row ;" he felt a person's hand in his waistcoat pocket, and when he got loose be missed all his mosey ; he went to the door and told the watchman that he was robbed; a young man went out to the watchman during the struggle, he was bound over at Marlborough street Office to appear here, but is not now to be found; witness pointed out all the prisoners to the watchman. Cross-examined by Mr. CRESWELL—There were about 30 persons, male and female, in the room at the time of the scuffle, and witness had never seen any of them before. It was about five in the morning. He jumped over the table when he was so frightened. Did not see the faces of the other persons who surrounded him, or should have pointed them out. By the prisoner Johneon—Was never sitting between two women of the town before the scuffle. John Bryan, watchman, corroborated the prosecutor's evidence as to the apprehension. The witness who could have identified the robbers had absconded, and witness could not find him ; searched ths prisoners, and found some silver upon Cowley. Win. Ferguson was then called upon his recognisance', but did not appear. Raymond stated, in defence, that he was a stranger to the house where he had been asked to drink and toss by the prosecutor ; he saw the row, hut knew nothing of the robbery or of the other prisoners. Cowley said, that the prosecutor was so tipsy that he could not see a hole through a ladder. Love!, the waiter, heard a noise in the tap-room, and went in to see what it was ; he was afterwards charged with participating in the robbery, and the prosecutor ga►e charge of every one whom he saw in the house. Raymond called several witnesses, who gave him an ea• eallent character from his childhood. Johnson also called several witnesses to character. The Learned JUDGE summed up the evidence, and the Jury returned a verdict of Not Guilty for all the prisoners. Thomas Wilson, aged 17, and John Haggerty, aged 16, were indicted for assaulting Richard Williams on the King's highway, and stealing a hat and other articles.-- Verdict, NEW COURT. Mc a NIY.- Thomas Wood Mills stood indicted foi intermarrying with Anne Pockneil, his first wife, Rhode I ,Vinnel, being at that time alive. Mr. C. PHILLIPS stated the case to the Jury. The prisoner had been 'married in the year 1813, to Rhods Winne], at Bury St. Edmund's, whom in 1819 he for sook, leaving her destitute of the means of support. It 1825, he intermarried with Miss Anne Pocknell, at that time residing with her brother, the proprietor of a shell fish shop in St. Martin's-lane. The second marriage took place in the parish church of St. Martin-in-the-Fields. As soon as a discovery of the present marriage took place, the present prosecution was set on foot. The certificates of both the marriages were put in and read, and the above facts fully borne out by evidence. The prisoner read a long written defence, in which he at tributed his desertion of his first wife to her own violen! conduct; and his second marriage to a belief that his first wife was dead. He had been by his last wife's relative, deprived of the means of defence, and solemnly declare(' that it was against her inclination that he was now pro secuted. This was, however, positively denied by Miss Pocknell, who was put into the witness's box at the request of tht prisoner. The COMMON-SERGEANT summed up, and the Jury re turned a verdict of Guilty. Mr. Pmr.Lirs said, that now the Jury had given their verdict, he would tell them that the prisoner had not onl3 married two but three wives. After having forsaken hi> first wife, by whom he had three children, he returned tc her on her receiving 2001. at the death of her mother ; which being expended, he again forsook her, and marries: Rhoda Winnel, by whom he has five other children. These two wives and eight children he left, and married Mrs! Pocknell. Not wishing to raise any prejudice against t 6 prisoner, he had abstained mentioning these facts earlier. THE MARKETS.-(THIS DAY.) HAY MARKETS.—(At per Load of 36 Trusses.) ST. JAMES'S. .E. s. .Z. s Z. s. X. s. Lowland Mead. Hay 4 oto 5 0 Clover Hay 4 15 to 7 I Upland Ditto 5lO 610 Oat Straw llB 2 ! Rye-grass Hay 5lO 610 Wheat Ditto 2 2 2li New Ditto 4lO SlO A limited supply, and a steady trade; prices as last quoted • SMITHFIELD. X. s. .£. s. Lowland Mead. Hay 4 Ow 5 0 Upland Ditto 5 0 6 6 Rye-grass Hay 5 0 6 C New Meadow Hay 410 5 0 Supply short, and trade rath 1 .f. s. .Z. s Cloy. Hay generally 5 oto 7 Do. extra fine...—. 0 0 7 1 Oat 5traw............ 2 0 2 Wheat Ditto . ...... 2 5 21( cr brisk, at Tuesday's prices. FISH-MARKET, BILLINGSGATE The market this morning was tolerably well supplie, with most kinds of fish, which generally met with a brisl sale. The following were the prices:— Prime large Turbots, gs. each ; small do. 4s. to 6s. each ; fine Salmon, ls. to ls. 2d. per lb. ; do. inferior Sd. to 10(1. do. ; Salmon Trout, 6(1. do. ; fine Whitings ss. per basket (containing fifteen); large ditto, ss. (con taining seven) ; Brill, 3s. each ; Soles, 2s. per three pair Eels, 31. per 51b., or 12s. per draught; Flounders, ls.6d. to 2s. per quartern ; good Lobsters, 10s. per score Shrimps, 2s. Od. per gallon ; fine Newcastle Pickled Sal mon, 28s. per• kit ; very inferior do., 12s. do. ; Ne‘, Yarmouth Red Herrings, 12s. per hundred; New Cod Sounds, 6s. per barrel ; fine Dutch Pickled Herring*, ss. 6d. per do. No variation in the prices of other fish. The most cheering accounts were receive( last week from all parts of the country as to th( state of the crops.—Bath Chronicle. In Sheffield, so popular is the Prime iVlinister that a Benevolent or Friendly Club has beet named, in compliment to him, " the Carmine Sick Club."—Shefeld Iris, oe_r (6--„ ji , 1 S ar s - ) K - t-/ -IL-: ';',f; .._ SHEEN, THE SEIPPOSED INFANTICIDE. TO THE EDITon or THE SUN. _ . SlR—lt is with no small surprise that, in a Journal so highly distinguished for intelligence and inforrJation as the SuN, I read such remarks as you have this evening pub lished* in relation to the case of Sheen, the supposed in fanticide. The object of those remarks is to show that this indivi dual, notwithstanding his former acquittal, may again be tried for the murder which be is alleged to have committed ; and the attempted proof chiefly hinges on the case of Houssart, in 1724, who, having been tried on an indict ment for the murder of his wife, and acquitted, was after wards re-tried for the same offence, on an appeal of mur der, brought by the brother of the deceased ; and, being found guilty, was condemned and executed. The bare statement of thiccase mutt instantly satisfy any person of legal education that it bears no conceivable analogy to that of Sheen. Those who arenot lawyers will, I trust, he convinced of the same truth by attending to the two fol lowing observations:— First, in the instance of Houssart—The second trial was on an appeal of murder ; and every body knows that an appeal of murder, following an indictment, constituted an exception to the general rule, that no man can be put twice in jeopardy of his life for the same offence. This was not by the Common Law, hut by the Statute of S Henry VII., cap. 1 ; and the effect produced was of this, very anomalous kind,—that an indictment might precede' an appeal, but could not follow it; for an acquittal on the ap peal was an answer to the indictment, though an acquittal on the indictment was no answer to the appeal. Secondly=Appeals of murder, and, indeed, all criminal appeals, were for ever abolished by the Statute of 59 Geo. 111., c. 46. So that, even if a case exactly parallel in all is circumstances with that of Houssart were now to occur, t could not possibly terminate in the same manner, inas much as an acquittal once obtained on the merits would ha tn effectual bar to any other judicial animadversion on the same offence. It must, therefore, be obvious, that the supposed piece-. lent, to which the writer in the SUN refers, has no relevancy. It does not, however, follow, nor do I mean to assert. :hat Sheen cannot again be put on his trial. 'On this Joint, as being of deep importance to the individual con erned, I would speak with diffidence, more especially as I to not recollect the precise circumstances of the former trial, and have not time or means to look back to them. But, if the person charged to have been murdered is mis tamed in an indictment, and the charge, fur that reason, 'ails to be proved, I do not conceive that such an acquittal would he any answer to another indictment, naming the murdered party correctly. That I have been acquitted :if the murder of John Bell, is evidently no proof that have not murdered John Pell. In fact, the two charges ire net the same, but different ; and, therefore, the plea of 'zutrefois acquit has no place. For, in so pleading, I should be stating, or assuming that John Bell in the former indictment, meant John Pell, which is precisely what the law would not permit my accuser to prove to my prejudice, and what, therefore, I have no right to state or to assume to my advantage. CCECILIUS ; London, July 11, 1827. [" The article alluded to waa copied from a Morning Raper.--Ennos.] SURREY THEATRE. Mr. Elliston's Walter, in the delightful burletta of " The Children of the Wood," attracted last, night a full house. Since the retirement of Ban nister no one has played this character with such impressive effect as Elliston, or shown such ability to make an audience laugh and cry almost at the same moment. His dramatic talents possess truly a Protean versatility. Aftet the burletta the opera of " Rosina" was performed, for the purpose of intro ducing a Miss Atkinson as Rosina. The talents of this young lady, though obscured by diffidence, are of a very superior order. Her voice is rich,' and modulated with a perfect knowledge of music; her figure is pleasing, her face pretty, and her manner engaging. If, however, she wishes to become po pular, she must raise the tones of her voice, and, above all, endeavour to overcome the reserve which at present clouds her talent. SPORTING INTELLIGE NCE. NEWMARKET JULY MEETING. WZDNERD.LT, JULY' 11. The Town Plate of 501. for three-yr.4:4ld c,olts, Sat. 411,. and fillies, Bst. Last mile and a distancfe of B. r. (Mr. Perram's donation of 30 guineas not I ,laving been claimed this year as a marriage portion;was added to this plate.) Mr. Rush's b. c. by Merlin—Rhoda 1 Mr. Wyndham's b. c. Grampus Lord Tavistock's bl. c. Pilot 0 Mr. Rogers's bl. g. Nonsuit Duke of Grafton's b. f. Monody Mr. Hunter's f. by Orville—Canvass Second year of a renewal of the Sweepstakes of 10 sons. for two•-yr-olds, 6st. 1116. three, !"Jst. New T. Y. C. The winner to be sold for 200 Boys., &c. Mr. Nowell's f. by Aladdin—Rantipol e Mr. Rush's f, by Skim—Pentagon 2 Several others started. Handicap Sweepstakes for three-yr-olds and i.tpwards. New T. Y. C. Lord Anson's Noureddin, 4 yrs, Bst. 61b, Lord Cavendish's The Moslem, 4 yrs, `,3st. 71b Mr. Sowerby's Lionel Lincoln, yrs, Bst. 121 b 3 Duke of Grafton's Zoffani, 3 yrs, Est. 1 21b. Sweepstakes of 10 soya. each, for two-yr-olds, 6st. 516, three, Bst. 61b. and four, 9st. 11b. New T.Y.C. Mr. Greville's Fawn, 4 yrs Mr. Rogers's Abigail, 3 yrs 2 Mr. Chifney's f. by Whisker—Castrella, 3 yrs 3 Mr. Ridadale's b. f. by Blacklock, 2 yrs 4 Match-100 taws., h. ft. D.M. Lord Exeter's Recruit received from Mr. Greville's Pilot. The betting in the morning was very heavy on the Sc,. Leger, at the followin g o dd s : 3 to asst Mameluke 25 to 1 agst Antiope 8 to 1 agat Granby 25 to 1 agst Sancho 11 to 1 agst Nonplus 33 to 1 agst Coalition 13 to 1 agat Reviewer 33 to 1 agst Luailey's 17 to 1 agst Matilda 33 to 1 agst Pedlar 18 to 1 agst Malek 40 to 1 agat 20 to 1 agst Lunaria LANCASTER RACES.—To3isrox, JULY 10. The Town Plate of 501. thr?.e-yr-olds, Est. 101 b. four, Sit. five, Set. Slb. six and aged, Sst. 121 b. Two mile heats. Mr. Robinson's br. c. by Grey Walton, 3 yrs 6 1 1 Mr. Simpson's b. f. Young Duchess, 3 yrs 23 2 Mr. Wilkinson's b. h. John o' Gaunt, 4 yrs 5 2 3 Mr. NVyvill's ch. c. Smacksmooth, 3 yrs Lord Derby's br. c. Necromancer, S yrs Mr. Bradshavv's b. f. by Don Juan, 3 yrs 4 6 dr Mr. Wilkinson's ch. f. The Marchioness, 4 yrs dr Cocutto.—The following is a statement of Main of Cocks fought between the Gentlemen of 'Lancashire (Bothwell, feeder), and the Gentlemen of Cumberland (Woodcock, feeder), for lOgs. a 13,-.0,0:e, and 200 gs. the Main. --26 Mains, 14 Byes :--, ROTHWELL. B. WOODCOCK. Monday 4 5 Monday Tuesday ...., 2 S, Tuesday M. B. 6 1 2 0 CRICKET. THE GREAT MATGH roR 1000 GS. A sipr, —This Match was brought to a conclusion yesterday in Lord's Cricket Ground, in the presence of many hundreds of spectators. The play on the part of the Players was remarkably good, as well in bowling as batting and fielding; indeed their superiority is shewn by the score. The G entlemen also played well, hut were beat easy in one innings, as will be seen by the following statement : THE GaNTLEmrx. PLATERS. First Innings 167 First 1nning5......,, „.. 5 34 125 Second ditto T0ta1...... 292 Majority for the Players in ting was 6 to 4 on the Plays yesterday. ~................. one inning -s, 42. The bet -era on Tuekday, and 2 to 1 PORTER. The following is a Statement of the quantity of Port, trey, in London by the ton first ?louses, from thest . " July, 1826, to the sth July, 1827: Barclay, Perkins, and Co. ............ 3-;,1,331 Truman, Hanhury, and Co ............. 21;3,532 * Whitbread and Co. .................... 191,328 Reid and Co. Coombe, Delafield, and Co Calvert and Co. Henry Meta and Co. Taylor ands . Horre and Ellictt sad Co,