The Sun. — London, England, 1830-01-28 00:00:00

will be the last to cry out for reduced taxation. But we know very well what you do. want : we know what has been agitated among you. Many of you spoke of a higher protection for your corn and wool, your butter and cheese, while some of you were insane enough to insinuate a heavy duty on the produce of oppressed Ireland. You want, in short, to keep all you have, and that his Grace should, in addition, give you some thing out of the pockets of some other class. He can't do it, and therefore let us beg of you seriously to apply yourselves to the follovving consideratiom. Calculate and try it. Is it better for you that the revenue should be sustained at its present amount, and that its accustomed part thereof should be distributed among your mili tary sons, and naval nephews, and diplomatic brethren, and your kinsmen in the boards and commissions, and offices and colonies,—" cum muftis aliis quce nunc perscribere langum est," or that you should pay a less amount of taxes, and that the distribution above-named should be curtailed to the degree which such diminished amount would render necessary ? If the former be most for your advantage,—if you really have an interest at variance with that of all other classes of your countrymen, at least have the decency to hold your peace. If the latter,—send able and active men to represent you in Parliament, who will insist on retrenchment, who will fearlessly tell the Mini ster that his predecessors began their calculations at the wrong end, when they estimated that such and such establishments were necessary for the country, but that his Grace must consider what amount the nation can pay for its establish ments. But, in the name of decent English in dependence, address no more whining memorials to a Prime Minister.—Times. We almost take blame to ourse:ves for not having called public attention sooner to the im portant decision given in the Court of King's Bench last week, in the case of " Handey v. Herson," whereby an apothecary and general practitioner is declared legally entitled to charge for his visits separately from his medicines. Up to this time it has been conceived, that the sur geon-apothecary or general practitioner was only entitled to charge for the medicines which he supplied, and not for the trouble which he in curred, or the time which he lost, in visiting his patient, to ascertain their necessity, or to direct their use. He was considered as a kind of com- pounding tradesman, who was paid for the arti cles which he sold, and not for the advice which he gave. His fee could only be obtained in the shape of a surcharge upon the price of his drugs, and in order that he might thrive, his patients were obliged to empty his laboratory as soon as possible. While the consulting physician was al lowed a fee for every visit, the general practitioner, regularly attending the family, was obliged to depend for his recompence on his ingenuity in making out a long bill at Christmas. Nothing could be worse than this system of including re muneration for attendance in the prices of articles supplied from the shop or the labora tory. It degrades the profession, by e x c iti ng mean suspicions of professional men ; while it places the conscience and interest of the prac titioner in direct opposition to each other, by tempting him to deluge his patient with medi cines, that he may only obtain a just reward of his skill and labour. It may be laid down as an axiom, that no man will undertake the studies, undergo the labours, and incur the expenses, necessary for acquiring the science andsexperi ence necessary to professional utility or emi nence, without the prospect of a recompence in reputation or income ; and it is a notorious fact, that many of ..the general practitioners acquire and spend considerable fortunes. If they are not paid by fees like a physician, it is evident that they must often indemnify themselves either by the superfluous quantities or the high prices of the drugs which they sup ply. Attendance three or four times in the day, which a vigilant attention to the progress of the disease or the state of the patient may render necessary, cannot be given without the consump tion of as much medicine as will re-pay, not only the original cost of the articles,, but the visits of the doctor. This quantity must be swallowed, or wasted, whether the case requires it or not ; and if the unhappy patient escapes 'with impunity, he only owes his safety to the In nocence or weakness of the doses adminiStered, and may bless his stars at the uuavoidable de ception practised upon his senses. Let us only reflect how many powders, draughts, or lotions, —how many pill-boxes, phials, and bottles, at the ordinary prices, must issue from the shop of the surgeon-apothecary, before he can purchase his horses, mount his carriage, pay his cook and coachman, and fashionably entertain his friends, and we shall see the danger which his clients (as the French call his patients) run of his too liberal distribution of the means of health. How much alchemy is required to es tract a large fortune out of such materials without doing mischief to families !—how much of that mysterial ingredient, aqua Pura, must be expended that an expensive establish ment may be maintained! We are far from wishing to cast any reflections on the generality of the medical profession by remarking on this necessary tendency of our present mode of pay ing professional aid, though we know that there are instances in which the system is grossly abused,—in which families are not only plun dered, but their health deteriorated, and in which medicine is profusely administered, not because it is good for the patient, but because it is good for the apothecary. The most selfish, the least conscientious, and the least skilful part of the profession have it thus in their power to derive the greatest emolument from their labours with out exciting attention; and a family that would grudge to pay for one unnecessary visit, if charged directly, is obliged to pay for searcral in the disguise of unnecessary or hurtful prescriptions. We hail, therefore, the recent decision in the King's Bench, as laying the foundation of a bet ter practice. Let the general practitioner send only the medicines necessary for the restoration of his patient's health, and if his visits are more numerous than can be paid for by the bottles or phials supplied from his shop, let hint charge for his attendance. Much has of late been tiwm to promote the respectability and usefulness of the profession. The requisite preparatory qualifica tions of the candidate for Ai licence have been raised—the examinations at Apothecaries'-hall have become more strict, a.nd thus have inter- cepted ignorance or inexperience iu their - way to mischief; and further improvements in the sys tem of medical education are still contemplated. Let the practice be adopted of sanding no unite- cessary medicine, and demanding payment for !necessary visits, and we shall at once exalt the character of the practiti4;ner, and benefit the health of the community.—/bid, There is, perhaps, no one proposition more unquestionably true than this, that irresponsible power will always be abused, It has been our fortune to give, almost daily, since w com menced our public labours, proofs and illustra tions of this proposition. Let but a body of men be entrusted with irresponsible power to dispose of the money of others with no respon sibility but to their own consciences, and there is hardly anything in the way of job which they will not attempt with effrontery. All classes, however much they differ in other respects, have a wonderful resemblance in this. The Magis trate looks with becoming indignation on the crimes and misdeeds of the poor, and has no doubt as to the propriety of sending a poor wretch to prison for filching a pound of bacon ; but he has a aon or a brother, or a cousin in partnership with a brewer or a distiller—his brother Magistrate has a right of way to stop —another has some equally praiseworthy end in view, and half a dozen of these worthies, without shame or compunction, coolly take from one man a licence or give a licence to another, according to the interest of the brewer, who has counnitted to him thereby the power of poisoning and taxing the poor. The holy men of God, the Levites, to begin at the top with my Lords the Bishops, take always especial care that their sons shall have the best offerings at the altar, and have a wonderful knack at discovering a fitness for the work of the Ministry, and a title to its best rewards in those young men who find favour in the eyes of their daughters. The daughter knows the lad who is best fitted for supplying the spiritual wants of the parish. We should be sorry to repeat after Mr. Attwood, at the Birmingham Meeting, that what " they wanted was bread and beer, and beef. They did not want religion, they had enough of that ;" but then we think we are warranted in saying that when my Lords Bishops have the catering for their own families out of the Church revenues, they never seem to think they can have enough. As to irresponsible Vestries, there is a harmony in the operations of all of them, which beauti fully illustrates7our proposition. Self-election, whether in the south or the north, invariably exhibits the same results. Many of our readers may not be aware, that what is called the Select Vestry, but what ought ought to be called the Irresponsible Vestry, is a pretty close imitation of the constitution of a Scottish burgh, as far as election is concerned. At Edinburgh, on Wed nesday, the 20th instant, there was a meeting of householders on the subject of the Land Tax ; which, though fixed at a definite sum, notwithstanding the immense increase of po pulation, is not lowered to individuals. The Dean of the Faculty of Advocates (Mr. Jeffrey), stated that -" it had been strongly impressed upon the minds of many of the inha bitants for a long time past, that the Magistrates of Edinburgh, i❑ the name of cess, and the ex pence of collecting it, had for a course of years levied a much greater sum from the inhabitants, than by law they were entitled to do." The fol lowing particulars which he added, are quite characteristic : " It was a fact which could not be disputed, that, notwithstanding the great extension of the city dur ing the last forty or fifty years, the amount of cess levied had scarcely in any case been diminished, ex cept in a few instances of old buildings in the Old Town. This was an unaccountable circumstance, for it was clear to every one, the sum being a fixed one, that as the assessable property increased, the proportion paid by each individual should decrease. But the old householder found that he still paid just as much as before. What, however, was chiefly com plained of, was, the extraordinary amount charged as the expence of collecting the tax, and which was out of all proportion to what is charged in any other place for collecting a similar impost. It was a fact that the tax paid to Government between 1788 arid 1824, was exactly 66,850 L; now, the expellee of collecting this sum was 24,6881., being in the. pro portion of between a half and a third of the whole tax. From 1788 to 1813, the expence cf collecting the cess was, on an average, 30 per cent.; from 1813 to 1823, 40 per cent.; and in 1823, it was 50 per cent. or one. half. In 1824, it was reduced to 40 per cent.; and it was still so high as 25 per cent. upon the sum legally leviable.—(Hear, hear.)" In the Paper from which we make this quota- tion (the Scotsman), we find the expence of collecting the Land Tax of the Burgh of Canon gate (part of Edinburgh) is exactly cent. per cent. " Desirous," says our Contemporary, " of enquiring into these matters, the heritors re quested both the late and present Magistrates to convene a Meeting ; but which they, deeming it unnecessary, refused to do." To be sure— what could be more unnecessary than to call a Meeting, when they were determined not to abate anything in the sum levied ? Compare with these proceedings the conduct of the Select Vestry of St. Pancras. A man who has irre sponsible power in the disposing of other people's money, feels generally no other scruple of con science than lest he should not take enough. In this respect the conscience is apt to be very ten der occasionally.—Morning Chronicle. An Institution, which, like the Royal Aca demy, was founded by the Sovereign, as an asylum for those arts which cannot flourish without improving public taste and shedding lustre on the national character, must be pro ductive of honour or discredit to the country according as its Government. happens to fall into contempt or unworthy hands. Chartered bodies, however pure and noble the intentions with which they are founded, are liable to great abuses, and too often in practice counteract the very object for which they were created. The Royal Academy has been peculiarly fortunate in having its interests presided over, even from its original formation, by men of high principle and of distinguished fame—men who had risen to eminence by the successful application of great talents anti persevering industry, and whose reputation was too well established to allow them to enter into the petty jealousies of their profes sion, or to fear the honourable ambition of rival genius. The names of Reynolds, of West, and of Lawrence, will live while the school of British painting survives, not only in their works, but in the memory of those qualities which caused them to identify their individual fame with the en couragement of rising talent and the promotion of the general interests of art, Those were men who, independently of their professional merits, possessed cultivated minds and manners that qualified them for the intercourse of the intel lectual and polished circles of society. Reynolds was th.e friend and associate of the scholars and poets of his d;„Iy. The simple manners and unassuming deportutent of West were not spoiled by Court favour. in the sunshine of Royal patronage he preserved the gentle ness and suavity of disposition which, with out the ostentation of politeness, indicates the genuine and inbred courtesy of the heart. As to Lawrence, his acquirements were general and attractive enough to make his company sought after by tle most eminent men of his country—and it may be enough to say of him, both as an artist and a gentleman, that he was qualified to grace even the Court of a Leo the Tenth QT A I,,orenzo de Metticis. In choosing a successor to him the Academicians have had keep up the galling fire of his light artillery upon a delicate and responsible duty to perform. the devoted head of Mr. Vansittart, when Chan- They have executed that trust in a manner which cellos of the Exchequer, did not acknowledge we think auspicious to the Institution itself, and the exhaustless severity of his peculiar powers ? the arts which it was created to protect. Per- It is true that he never attempted to soar in the trait-painting is certainly not the department higher regions of eloquence ; he had that cha which we like to see flourish at the expence of racteristic judgment of great men, which taught the nobler interests o f historical a rt ; but, setting him the true estimate and exact limits of his that objection aside, we do not know how there ; own capabilities. If he had none of the genuine could be a more judicious appointment. It is ardour of the great orator, neither had he any of true the portraits of Mr. Shee do not iival those ' the affectation of eloquence. He studied not he is th e graces o f di c t ion —h e w a s n o t ambiti ous o f of his predecessor, and, in some respects, surpassed by one or two of his cotemporaries ; ornament—no classical allusions, no polished for instance, in colouring by Jackson, and in se- imagery, adorned or weakened the homely cor vere purity of taste by Phillip s . Y e t have his rectness of his language—nor did historical works great merit—they display an intimate knowledge, or various reading, give the charm knowledge of the principles of art, an accurate of literature to his discourse, and enrich his eye, a cultivated imagination, truth of expres- periods with the " spoils of time." His style mon, elegance, and grace. But, it is not as an was simple—natural—forceful—neither rude nor artist only that Mr. Shee has obtained distinc- I refined—always suited to his subject ; his len tion ; he possesses o th er qua lities and accom- guage gave one the impression of a mind that plishtnents essential to the dignified and efficient I disregarded embellishment, but could not under discharge of the dutiesof a President of the Royal value propriety. Hence, in his most jocular Academy. He has cultivated polite literature I moments, when peals of laughter responded to : with no ordinary devotion and success. His the apparently effortless flashes of his wit, he was familiar acquaintance with the theory of paint- not betrayed into any of those coarse or vulgar ing, and his skill in composition, inspire confi- expressions which arc by many supposed to deuce that his official discourses will advance the heighten comic effect. His education and his cause of art, and sustain the fame of the institu- I good sense were always as manifest as the powers tion. We make no allusion to him as a poet, ;of his ridicule were inexhaustible. His - graver for, though poetry and painting be sister arts, ! powers of debate were principally displayed upon yet it is not necessary that the President should ! financial topics, and to such subjects he brought wear their united garland. Of far more import- lan intellect of uncommon shrewdness, and a ante is it that he who occupies the chair of stick judgment peculiarly clear. However intricate an establishment should be distinguished by the the calculation, he did not embarrass himself or good sense, the accurate judgment, the courtesy perplex his hearers by wandering through a of manners, and the polished address, which are labyrinth of detail, and losingsight of principles. known to be characteristic of the gentleman to He stripped calculation of the difficulties which whose merits the sufrrages of his brethren have it opposes to public debate more readily than any done justice. It is necessary that - the person other person. He seized at once those points holding such a situation should not only be ca- which reason could hest grapple with, or satirical pable of making a respectable figure within the talent expose ; and no man could make political sphere of his professional exertions, but should : arithmetic so amusing, or relieve the dry and also have those acquirements which may be rigid formality of financial statement with such expected from the representative of such an ! point and vivacity of illustration. It is said that Institution by its Royal Patron and the pub- his stile of speaking was merely colloquial ; it lie. It is still more necessary that he should I was frequently so—yet when most colloquial it be one who, besides the knowledge and the man- I was evident that it was the emanation of a supe- I tiers requisite for the office, possesses a generous rior mind, and possessed the charm which is devotion to the interests of the Arts—a disposi- I only derived from the immortal resources of tion to cherish and foster talent—and call forth : genius. There were times, notwithstanding, the energies of genius by judicious encourage- when he treated great questions of policy with a ment. Such a man was Sir Thomas Lawrence, reach of thought and an energy of expression and therefore is his memory revered by the mem- which showed that he could clothe the ideas of bers and students of the Academy, who felt his the statesman in the language of the orator. On loss like a family bereavement. The character such occasions, indeed, he did not attempt so which we have always heard his cotemporaries norous periods, or call to the aid of his reason give to Mr. Shee makes us confident that the ing faculty the splendid images of an inspired spirit of enlightened enthusiasm for the excellence imagination—yet his diction, destitute as it was of art which pervades his writings will govern of all artificial construction, had the power, and and direct his actions in the Chair of the Aca- . produced the effect of eloquence. To his prin demy. Some allusion has been made to hint as I ciples as a politician he showed a steady ad a Roman Catholic ; but we hold, and have al- herence. His connection with the Addington ways held, that the sanctuary of science and the Administration injured his popularity, but we arts, which civilize and embellish life, should know not one of his party who had more public never be invaded by the angry incursions of po- virtue. We are not now inquiring whether his litical or religious warfare. The circle of their opinions were right or wrong. It is enough for peculiar influence should exclude whatever may us to know that, in an age remarkable for the disturb the peaceful labours of genius—and there, I violated vows and broken faith of public men, above all places, should fame and distinction be he did not sacrifice on the altar of a sordid am bestowed by the sole consideration of merit and bition his claims to the confidence of his party, the passionless discernment of public opinion.— or forfeit in the public estimation his character Morning Herald. for honour and integrity. Had he gone down The character of Mr. Tierney now belongs to the grave before the infirmities of age had in some easure rwn im from th conicts to history. Death, which dissolves friendships, of political life, w his ithd de a h ath would have e prealu fl ced should also extinguish political animosities. Men a greater sensation ; but under no circumstances who occupy an important station on the theatre can his fame be transient whose memory is as of public life are seldom rightly appreciated until sociated with events and recollections that give a they quit this earthly scene. The bustle of po- sublime interest to the most extraordinary crisis litical contention, in proportion as it stimulates of his country and of the world.—lbid. the passions, obscures the judgment. Flatterers Mr. Shee, we are informed from all quarters, and partisans offer them the homage of unde- has been chosen President of the Royal Acade serving praise—opponents heap -on them un my,—much to the credit of the exertions of his merited censure ; one party admires or glosses over their faults and their errors—another exalt- friends, we make no question, but very little, in gerates their defects. This is, in some degree, our humble opinion, to that of' the taste and the condition of all contemporary fame—but judgment of the Academicians. Who is Mr. more that of politicians than any other class of Shee ? He has been established, says an Even celebrated men. When the curtain of life falls ing cotemporary, thirty years in the exercise of the reign of a purer opinion begins ; the claims his profession in the metropolis ; and, we may of genius—the motives and the merits of human actions, pass under the review of a less impas- add, so have many other worthy persons, deal sioned tribunal. The prejudices and the inte- . ,in coals, ingoil, and tallow. But it is said that rests which opposed truth exist no longer, and lie is a goon portrait painter ; and so we believe ; public character receives the honour or obloquy but portrait painting is an inferior branch that follows the irrevocable sentence of the his- of the art, and there are . many artists su torian. There never was a time when the con- perior to Mr. -Shee in that department.— flict of principles and the excitement of party ran But, says our cotemporary (we quote from higher than during a great portion of the long the Courier), " the duty of a President requires Parliamentary career of Mr. Tierney. He a combination of natural and acquired advan entered public life at a period when a race of tages, in the person who hopes adequately to great men appeared on the arena of politics and p er f orm it— a n accurate and scientific knowledge the world was preparing for great events. The of the principles of the art he professes to ex languor that had followed the American war was plain—a perfect mastery of its practical details— succeeded by the energy of a new era ; new clearness and arrangement in his method of corn. subjects of political warfare had arisen, and municating the fruits of his own study and ex changes of established Opinions and institutions perience—amid an agreeable and impressive elo were about to take place, which have since sub- cation, to secure the attention of an audience. vested all the sober calculations of human wisdom, To all these accomplishments the claims of Mr. and made history its e lf p ar t a k e o f the wild- Shee are, we are informed, indisputable ; and ness and novelty of romance. His was not a they must have had their full weight in directing genius to create such an era, yet among men the choice of the Academicians." Granted whose fame rose amid the stormy elements of that all these qualifications are required in a moral and political disturbance he obtained President of the Royal Academy, and that on distinction which has associated his name with these grounds Mr. Slice is superior to: all the the imperishable recollection of their talents, other artists of the day ; and what follows ? Why, their errors, and their glory. Originally destined that the Academicians elect a President simply for the Bar, he had become nominally, a member because he understands the principles of their of that profession, where the acuteness and art, and can develope them with greater do vigour of his intellect—the pointed fluency' • - quence and perspicuity than any other. But, of his language—and the energy of his cha• let us ask, is this mode of proceeding either racter, must have obtained for him reputation agreeable to the charter of the Academy or the and influence. Like Mr. Canning, he was character which it ought to sustain ? In our seduced from the path o f ste a dy and profitable opinion, the Chair oh the Academy is due not industry, and in fortune, though not in character, to a portrait painter, or to a fluent speaker, or may be said to have become the martyr of that ambition which fascinated and betrayed him. It to an accurate expounder of the principles of the art ; but to him who hag outstripped his com is not our intention here to state those par- petitors in the career of fame, and can safely titulars which constitute the detail of a biogras challenge all of them to a trial of talent phical notice—those will be found in another part and genius—to the man, in fact, who is known of our columns—our observations are confined as the first painter of the age, both in to his public character. We believe he was some conception and mechanical execution ; and years a silent observer of the proceedings in Par- who, by his occupancy of the chair, would shed liament after first enjoying th e honour of a seat , a lustre on the Academy itself. Such a man is in the house. At the period of the secession of Wilkie. His name, his genius, and his talents Mr. Fox and other Whigs from Parliament he are known and appreciated through all Europe. continued at his post—and it is no dubious Shee's reputation is confined to the metropolis evidence of' his capacity for debate, that h e rose _y e t the one has been elected, and the other into eminence by collision with Mr. Pitt. The I sent to his studies as unworthy of the high highest testimony, indeed, was borne to his ' station ! Poor Wilkie, we lament thy fate in powers as a Parliamentary speaker by the irrita- I t hi s m a tter ; but thy fame in after ages will amply tion which his arguments and raillery pr o d u c e d i com pensate thee for the blot which has thus rg in the mind of the haughty Premier. It wa s nora ntly been cast on thy genius !---Morning observed that no man, with the exception of Advertiser. Sheridan, deranged so much the temper of a Statesman who generally possessed, or affected, a i The Commissioners of Woods and Forests stern composure of character, and " on w h o se have , w e understand, been in treaty, on behalf of his STY, for the purchase of the extensive property of brow sat patient courage and considerate pride." T..ll.r:Lraorr, the opulent brewer, at Pimlico. His Ma- Nor is it surprising that his mode of attack shays-, it is said, objects to the quantity of smoke issuing shout have been so effective—for Pa r li a ment s wa t the brewhouse in the immediate vicinity of the New never had within its walls a debater who PrilaCe. There is a diff e r ence , h owever , i n th e price commanded a richer and more re a dy fl o w of ° red and that d .inanded of 500,0001. In the event of Caustic humour, or a delivery better calculated the purchase being made, it is in contemplation to form au to wing the shafts of sarcasm irresistibly to the elegant square of tirst-rate houses, and to cause a spacious througbfare from Westminster to Pimlico, so much wanted mark. Who that saw him, night after night, a t present, - LAW INTELLIGENCE. COURT OF, , KING'S BENCH, JAN. 27. MOULT AND OTHERS V. MASSEY, ESQ. AND OTHERS, The ATTORNEY-GENERAL moved for a rule to show cause why the nonsuit in this case should not be set aside, and a new trial granted. The action was in trover against the Sheriff of Chester and several other persons, to recover the value of certain machinery and stock in trade, part of which had been seized by the Sheriff under an execution against the effects of a person of the name of Geddes, a bankrupt. The plaintiffs, six in number, sued us the assignees of Geddes. The case came on for trial before Lord Tenterden, at the sittings at Guildhall, when, before the merits were gone into, an objection was taken by the defendant's Counsel (Mr. Campbell) to the plaintiffs' title as assignees, and upon that objection the plaintiffs were nonsuited. Rule nisi granted. HANSON V. ADAM. Mr. CAMPBELL moved for a rule to show cause why the verdict for the defendant in this case (tried at Guildhall before Lord Tenterden a few days ago) should not be set aside and a new trial had. The action was brought by an orange-merchant in Lon don, against his correspondent at Lisbon, for not loading two ships with oranges on the plaintiff's ac count.—Rule refused. EVANS V. KYNER AND OTHERS. The ATTORNEY-GENERAL moved in this case (tried at the la•e sittings in London before Lord Tenterden) for a rule nisi, to set aside the verdict obtained by the plaintiff, and enter a nonsuit. The action was brought by Mr. Evans, a merchant at Liverpool, against Messrs. Kymer and Co., brokers in London, to recover the value of a quantity of indigo, and a bill of exchange for 2,169/. Bs. The plaintiff failed in the first part of his case, not having proved that he had had any property in the indigo; but he obtained a verdict on the bill of exchange for 2,1691. Bs.—Rule granted. LEVY V. HOPE, ESQ. The ATTORNEY-GENERAL moved in this case for a rule to show cause why the nonsuit should not be set aside, and a new trial had. The action, which was against the Sheriff of Surrey for a false return of nulla bona, was tried in December last, at Guildhall, before Mr. Justice James Parke, when the plaintiff was nonsuited, in consequence of having failed to prove that the goods upon which the Sheriff was directed to levy were the pro perty of the party against whom the execution was taken out, arid that the officer might, if he had used due diligence, have seized them.---Rule refused. IVESON AND OTHERS V. HUNTER. Mr. CAMPBELL moved for a rule nisi to set aside the verdict for the plaintiffs and for a new trial. The action was tried at the sittings at Guildhall before term. It was against the St. Patrick Insurance Company in Ireland, on a policy of insurance on the ship Eagle, on a voyage from Hull to Davis's Straits and the Greenland fisheries. The plaintiffs claimed for an average loss, and the jury found, at the rate of 461. 10s. per cent., for 9021. l Gs. Bd. The Learned Counsel moved to set aside the verdict on two grounds ; first, that the policy had not the proper stamp, arid secondly, that the damages were exces sive, and not warranted by the evidence. The COURT refused the rule on the first point, but granted it on the second. CROFT, BART. V. LYSTER. Mr. Serjeant MEREWETIIER moved for a rule to d bat been Learned thechit; eatafe o ai ttnuos before evidence ho causetheadmitted, why Lordh bedtelreghvi dha l Imestaayae which ntcnnve theadhvabh:i asideeieeeheisstniconversation, Justice ravtge, verdict elln:rhdeetheica et etdeaes tdsbanofoundaetenrexcessive. nel tcoarnh for di as omiie rejected, granted,jgtt lue h t htece e tntd ewe p t dobe l a a j.ysfh i r n aaot a t novhm i ndne f plaintiff the c s i ffr e t he : d s tN i w ,h t u t ae a p i ys n s o g nlm t s i r yt i ah e e i r n d d e. plaintiffrMt irei i ad d ttlelasLetf for Sir y2 w r the CTs h o e rhoo n oflrnt. ains damages. J Cl u sr r o2 y f4t returned a verdict for the ti a le f l t t e p a i together, on terms of affection, until 1827, when Sir Thomas was obliged, by indisposition, to remove to Bromley, in Kent, to obtain the assistance of Mr. Scott, a surgeon there, but his lady refused to ac company him, or to give up the gaieties of London, in which she then very freely indulged. This con duct, OR her part, led to a remonstrance on the part of the Dowager Lady Croft, at whose house the plaintiff and his wife had resided ever since their marriage. The result of which was, that Lady Croft withdrew from the protection of her mother in-law, and went to reside with her mother and step-father, Mr;. and Colonel Marsac, at Caver sham, in Berkshire. Upon the morning after her arrival here, as the Dowager Lady Croft, who had accompanied her on the day before, was setting out on her return home, three notes were put into the hand of the latter, written by her daughter-in-law, and addressed, one to herself, another to a Mrs. Milligan, a friend of hers, and the third a short note, not directed, but apparently intended for her hus band. This was in April, 1827, and it was not until the autumn of the following year that Lady Croft saw the defendant for the first time, whilst staying at Boulogne with Colonel and Mrs. Marsac. These notes had been offered and received in evi dence, on the part of the plaintiff, which the Learned Serjeant contended they ought not to hare been, as the letters of a wife had never been allowed E to n e b n e b g o i r v o e u n gb i 1 v , l e in i a d e c n a c s e for e re he p ort t e d h u i s band, n until Lord Espinasse, Lord Ellenhorough, in a case reported in Espinasse, ad ad- mitted them, for the first time, to be given, on the ground of necessity, for the purpose of proving the feelings of affection which a wife, who was separated from her husband, entertained towards him ; —because, without admitting her letters, there would be no means of ascertaining what was the state of her feelings towards him. But then his Lordship laid the rule down with great caution, and in order to guard against collusion, ex pressly limited it to the admissibility of letters written before any suspicion was entertained of the wife's conduct. In the present case the letters were not put in to show any feelings of affection towards the plaintiff on the part of his wife, but rather as an apology for her conduct; and indeed one of them, that to Mrs. Milligan., rather indicated an attach ment to another gentleman, a Mr. Martin, to whom her Ladyship expressed her intention of going OS soon as she was of age. The tendency of the let ters, and the purpose for which they Isere adduced, was to show that the lady was in a state of high mental excitement, if not absolute insanity; whereby the jury were to be led to suppose, not only that this was the cause of the temporary separation which took place between her and her husband, but also that the defendant had taken advantage of that state to possess hinself of her person and fortune. The other evidence, to the admissibility of which the Learned :serjeant objected, was the plaintiff's own letter to his wife, dated the 10th of August, 1828, and her answer to it, which was after he had been made acquainted with her conduct at Boulogne. The LORD CIIIEF JUSTICE—Not to the full extent. Mr. Serjeant MEREWETUER—Not to the full ex tent, certainly ; but evidently to an extent from which he [night apprehend those consequences which, if not before, ensued almost immediately afterwards. The Learned Serjeant here read the letters in question, which mutually alluded to the unfortunate impression her mind !tad received at Boulogne, and contended, that as these were written clearly after a suspicion of the wife's misconduct had been communicated to the husband's mind, they were shut out, under Lord Elletiborouell's rule, from admissibility as evidence on behalf of the The CouaT observed t hat the Counsel had clearly en deavoured to get at the contents of a written document, without putting it in evidence, although it was in Court, to which he was not entitled, and upon this point, therefore, they would grant no rule. But upon the other point, as to the . admir.- sibility of the letters, there might be some ground of distinction between these and others letters from a wife to a husband, which had been admitted in evidence, deserving of discussion, and, therefore, upon this the Court granted a rule to show euuge• PALMER AND OTHERS, ASSIGNEES OF MIME Al") METCALF, V. BERSTON:AND OTHERS. Mr. Serjeant RUSSELL moved for a rule tdslo` t ,!ause why the verdict found for the plaintiffs, for 11,4561. should not be set aside and a new trial inkciP on the ground that the action was not maintainabl e ' ;Ind of misdirection by the Learned Judge; or Wbr he damages should not be reduced to such ium as the Court should think fit; or why, upon payine llt of costs, the verdict should hot be set aside, on new facts disclosed by affidavit. The LORD CHIEF J USTICE Sa id , t h e Learn ed Serjeant might take a rule to show cause generally. DOE, ON TILE DEMISE OF LORD TEYNIIAM, V. TYLE R ' Mr. Serjeant JONES was about to move for a new trial in this cause, but The LORD CHIEF JUSTICE observed, that in the present thin state of the Court, ouly his brother Gaselee and himself being present, he was desirous that a case of this importance should stand over until Monday next, when he had reason to believe 6 14 the Court would be full. Mr.Serjean t JONES accordingly deferred his motion• INSOLVENT DEBTORS' COURT, JAL 27. William Ch►tlicic, sen., a shopkeeper, late or the neighbourhood of Ipswich, was opposed by Stephen Ramplin and Thomas Cuthbert, and afterwards re manded for a future day. THE MARKETS. COAL MAR Adair's 355. 6d. Charlotte East Percy 32 0 flebisurn Main 37 0 Killingworth 39 0 Liddell's 33 0 l'antield _ 34 0 Willington Wylam 34 0 Walls End Bell and Co. 39 0 Walls End Brown's 37 3 Ditto Bensham 33 6 Ditto Cramlington.......— 33 6 Ships at market, 303i--Shi; COUNTRY CORN MAR :ET.—Jan. 27. Ditto 403.6 Ditto Hilda 97 Ditto Northumkerland S 0 u Ditto Riddell's. ,40 0 Ditto Russell's ........... 41 , Ditto Walker. u4o Walls End 42 0 Walls End Larobton..., 42 Walls End 92 0 Walls End Stewart' s ,42 Greenwich Hospital.... 34 0 Halbeath 50 0 sold, 13%..--Unso1(1, 17%. DURING THE WEEK• Wheat. i Barley. Oata. Beans. ----C.---- ---- 0 Per Quarter. s. to a. s. to s. s. to s. s. s. Abingdon—..—..... 55 62 32 38 21 92 r 42, And0ver..........—... 55 65 22 34 20 23 Birroingham...—..... 56 55 32 33 28 90 —0" Bridport —....... 58 '74 32 99 26 34 54 Cirencester ........... 40 66 20 40 19 22 40 Faringd0n............. 54 86 26 40 26 28 46 Guildford Henley 54 83 90 35 24 SO .. 4°,. r Hereford 64 84 38 45 36 40 Highworth .—...... 62 80 52 42 28 34 —. 0 ° Maidenhead —. 65 84 29 23 22 30 ... 5 1 Oakingham ............ 56 76 30 36 18 32 42 Reading ..—..--... 40 81 19 42 16 32 11, 5a1i5bury............... 48 60 21 34 22 22 —r,, Southampton ....... 54 78 37 40 28 92 —. 11 Stroud 64 74 34 38 22 32 —. , 46 Tewkesbury ....... 65 '7B 40 42 30 28 43 . Uxbridge ............... 43 71 91 32 19 32 —1 ,:: Warta e.«.....,.... 46 '73 20 36 16 —v" Warminster .......... 44 '7O 23 42 22 22 49 Wind50r.......,........ 52 80 25 35 20 SO 53 ,.., W0rce5ter............ 60 63 22 36 24 26 44 CHELTENHAM MA RKET.—Jan. 26. Per Bushel. s. d. to s. d. Pet lb. d. to tt Wheat 7 0 9 0 Beef 4 6 Barley Oats 3 0 4 3 Veal Beans 4 9 5 6 Lamb 6 7 Pease 5 0 8 0 Pork $ 6 Hay ........ ....... X. IJS. to 3/. 15s. per top DUBLIN CORN EXCHANGE.--Jan. 21. There was scarcely any alteration in the Corn market to-day for Wheat, which sold on same terms as on Taw day; but Oats were dull at a reduction of 3d., and Bare and Barley 6d. to 9,1. lower. Flour and Oatmeal were ow altered. Wheat, red, 258. to 31s. ; white, 30s. to 338• ; Oats 10s. to 1 ls. 6d. ; Bere 128. to 138. ; Barley 138. W 168. ; Vetches 12s. to 16s. ; Rape 308. to 31s. ; Rye 140. to 15s. ; Oatmeal Ss. 6d. tolls., ditto prime 158. to 168.; first Flour 19s. to 228., best Seconds Ids. to 175., infe rior ditto 12s. to 15s. DUBLIN MARKET NO' _TE.--Fatnav, Jan. V. From To M. r• ~588 Wheat, per barrel 20 stone 17 0 33 0 28 9 636 Bete., ...... 17 stone 12 0 14 3 IS 3 595 8ar1ey..............-- 16 stone 12 0 16 0 IS 9 4,450 Oats F T i h r i s r ts ds , ....- 7 ._ . .... from 12 stone 8 6 )2 0 10 IN 10,997 Cwt. F10ur....—,...... 9 stone 6 0 St 0 — 6., 998 Oatmeal 8 stone 10 0 16 0 12 4,9 Sold to 'takers only. 9,146 Cwt. Flour l5 0 24 0 18 Oi Average price of Wheat and Flour 48s. 4d. Per.,UX. Receipts of Flour, 12,111 Sales of Do. 10,987 /Seconds, —... from 134. od, to IN: 0d : Otl. od. ' :: 24 12:: Ott°. PRICE OF ➢READ• Quartern Loaf, 41b. soz. St!. I Half-quartern, 2113.20z..„,„434‘1. THE RAT-CATCHER IN A TRAP. -- GEO• EDWARDS, a person who gains his livelihood by catching rats, was indicted at the late Chelmsford Session for steal ing a copper boiler, the property of RICHARD MAYA.LLI of Great Yeldham. The accused had, a few days pre viously to the discovery of the stolen- article in his house► been clearing Mr. MAYALL'S premises of vermin ; subse quently to that day, the wife of the accused informed JAMES WARREN, who was produced as a witness, thit her husband had stolen a boiler from his master's premise', and had afterwards hid it in his own house ! This witness went on to state, that he had found the boiler, as described by the wife. The ease for the prose cution being closed, the accused was called upon for his defence, when he put in a paper, which related in sub stance, that on Saturday morning, whilst he was about his work, his wife informed him that the constable was after him, and she wished him to go away. He asked what for? and she replied that she would tell him after he was gone ; she afterwards told him that an old boiler had been found under the stairs; he asked how it came there? She said she had borrowed it. That she then persuaded him to quit the place for a few days, and said she would go to Mr. MAYALL'S and try to make it up; she afterwards told him, that as they had found the boiler in his house, he must suffer the law, whether he stole it or not ; he replied, that it was a hard thing to suffer for what lie knew nothing about ; she said it would be b i tter for him if he owned it. When he was taken to the Bell, at Castle Hedingliam, he discovered that his wife had in formed against him, and he was quite confused ; h e did not know what he said, and he there confessed, at first, that he did steal the boiler; but when they wanted him to sign a paper to that effect, he told them he would not, for he was innocent. Mr. WARREN and the constable told him they thought that his wife had stolen it, a s she was with another man for two nights; and when they went to his house'to search for the boiler, they found his affectionate wife and her paramour apparently very com fortable. The ruan who had thus supplanted him, had been, he said, his assistant in rat-catching, and he be lieved it was a plan by the wife to get him into a trap, and leave him to get out as well as he could ; that their object was ultimately to induce him to leave the place. The simplicity of the rat-catcher's appeal, and his de scription of the conduct of this modern Delilah, being confirmed by WARREN (the witness), the Court said that they could not for a moment entertain a suspicion of the poor man's guilt, and he was acquitted.—Manchester Mercury. BIRTHS. On the 23th inst. at Farringdon-house, Berke, the lady of W. Bennett, Esq. of a eon. At Kinsale, the lady of Henry Naeon. Esq. Lieutenant, R.N., of a eon. The lady of Major- General Graves, Haritek-master of Mullingar, of a son. MARRIED. On the 24th inst. at Newport, Isle of Wight, Mr. G. Grapes, mercer, to Misa Odger, daughter of Mr. Odgert murveyor, both of that town. At Tuam, Captain Henry Gascoigne, S4th Regiment, son of General Gascoyne, M. P., for Liverpool, to Eliza beth, the third daughter of his Grace the Lord Archbishop of Tuna'. On the 26th inst. Mr. Wm. Davis, of Coventry.strevt, to Miss A. Beverley, niece of the late J. Beverley, E sq . of Great Portland-street. DIED. On the 260% inst. at St. George's-place, Camberwell, Ann Elizabeth, wife of James Hughes, Esq., aged 29. At Norfelk-terrace, near Gloucester, the lady of Lieut. Colonel Masora. On the 22d inst. at the Countess of Pembroke's, Rich mond, Surrey, Miss Jardine, daughter of the lite Col. Jardine, of the Royal Artillery, and many years his Ma jesty's Consul-General in Spain. On the 24th inst. in Green -street, Grosvenor-square, the infant son of D. Barclay, Esq. M.P. On the 26th inst. 31ivi May Wharton, of Bishopagate itreet, aged 61. On the 24th inst. in Sloane-street, Chelsea, the Rev. James Stunt Freeman, D D., Vicar of Chalfont St. Peter's, Bucks. In Upper Harley-street, John W. Fulton, AND PUBLISHXD BY MURDO YOUNG, ♦Z YHB SUN OrrICE, 112, STROM 'LONDON The Beripti 100 fi t . Thr ee . • Alm iuclud 120 D . T' A CUAI Editio EN alatics PriJ Lando This Ac Rules AI INI Clark ( bound, ratug e ,] • as wel hound IN, of Nei 51. 6d The New 1 Prii .....___ inforn il3 ger Lion, to be from 1 by E. from Expla severm and I Book of til e Wards AN i This ( senior euntai ous su to be "I cornin tifyint Form( Cec Doc ton Lo; and C gimp; Tills c 47 3 City, and p Prii and ito to thi la. 6,i Th i cohtAi to the Bpelli An C SE netli4 Medal formir SA KEl'] An TICF TRY, inchn: ',fanjet cation &c. Plan, th e C prehe Alotic Surfs Plate! Th Exert Teacl 12tno An TIC, biree MOL 2s. 0, Prin 40 1000