The Sun. — London, England, 1833-11-05 00:00:00

assessor at the Reform election to the Mayor for the time being, and in that capacity gave offence to the majority of the Corporation. Pro bably nearly all the ices of the borough adminis tration of this place resulted from its possession and abuse of the machinery for making Members of Parliament. It was th is fatal privilege which brought it under the patronage of the Lords of Wroxton (about three miles from Banbury), whether Earls of Guildford or Marquises of Bute. The corporation was worth courting, when it could send two law makers to the House of Commons and was ac c o r di ng ly o verpowered with kind con descensions, if not with direct pecuniary appli cations, from Wroxton to return law givers nominated by its proprietors. The borough was looked upon as a political preserve of the neighbouring family ; and, in return, the corpo ration often depended for its feasts on the pro duce of Wroxton-park. Some amusement was excited, during the grave inquiries of the Com missioners, by an anecdote of one of these feasts. It would appear that hampers of venison and wine had been sent on a particular occasion from the great mansion to entertain the corporation at the Red Lion Inn of their own town, The venison had been put to the fire—the preparations for the dinner were far advanced, and the Mayor and Aldermen had assembled round the scene of their expected enjoyment, when an order came to carry back the whole provisions to Wroxton, and to bring the corporation to feed on them in the presence of their masters. The venison, taken from the fire half dressed, and the other gift stores were, therefore, thrown into a cart, and transported from the inn at Banbury the house of the patron of the borough, without further ceremony. It need scarcely be added, that the corporation followed the cart, and that they never lost scent of the game till they saw it on its lord's table. These luxurious doings are now over, since the passing of the Reform Bill and the appointment of the municipal com mission. The corporation of Banbury must now pay their own Deputy-Recorder, without having the power of dismissing him ; and if they eat venison, they must pay for it out of their own purse.— Times. The Irish judges, imbued with the party spirit of the natives of that agitated and agitating part of the empire, appear to consider themselves at liberty to assume political as well as judicial functions. The " charges" of these official personages have been too long the medium of Orange party politics, and it is about time that this abuse of the judicial office were terminated. It pollutes the fountain of justice, and naturally creates a prejudice against the judicial tribunals of the most offensive and injurious nature. The great mass of the people of Ireland must neces sarily view with suspicion and distrust the heads of the Courts of Law, w ho prostitute the Bench to party and political purposes. The Constitu tion has provided a summary remedy. The Judges hold their appointments by the tenure of the due discharge of their duties. Their Commissions are issued not as formerly, durance bene placito, but quarndiu bene se gesserint ; judges are continued in their offices during their good behaviour. The statute 1 Geo. 111. c. 23, was enacted on the avowed principle of securing their independence and single-mindedness, on the celebrated declaration of the King (Commons Journals, 3d March,l76l), "that be looked upon the independence and uprightness of the judges' as essential to the impartial administration of justice; as one of the best securities of the rights and liberties of his subjects ; and as most conducive to the honour of the Crown." The effect of this statute, in England, has been upon the whole to secure the simple and honourable discharge of judicial authority ; but in Ireland the King's Judges seem to regard it as a license for political harangues and factious propagandism. Our contemporary (the Globe) has justly and pointedly animadverted on the pernicious habit of Baron Sir W. C. Smith, and some of his Hibernian judicial contempo raries, who pervert and degrade their sacred offices by preaching political sermons to Irish Grand Juries. We extract, in another column, the judicious remarks of the Globe on this ma lignant and detrimental conduct of the Irish Judges. We have already published a pretty full abstract of the raving Orange effusions of Baron Smith to a Dublin Grand Jury, which might have been appropriate at a public dinner of the Anti-Catholic Corporation of that city; but a more disgusting or fanatic oration was never deli vered at an Orange Lodge. The unruly imagination of the Learned Judge has seduced him to embark ov the dangerous sea of party politics, and his " charge" is a tissue of vulgar and exaggerated commentary on the evils of anti-tithe associations and O'Connell agitation. The Learned Baron does not condescend to analyse the causes or provocation of the evils lie denounces, but ful minates a manifesto, of two columns of smoke and words, against the liberal party, not bestow ing one word on the subject of the crimes re corded in his calendar of prisoners. If this pro stitution of the judicial office is allowed with impunity, it is in vain for any Ministry to at tempt or expect the pacification of Ireland. Mr. Baron Smith must be superannuated, or unfitted for his high station ; and if he repeats his of fence, and the Irish Government cannot remove him, his Lordship must be consigned to the consideration of a Reformed House of Com mons. The Irish people have too long been the martyrs of political juries and judges. The crying evil of party Juries has been at length remedied by the policy and integrity of the present Ministry, and propagandist Judges must be removed from the judgment -seat, or Ireland will lose all reverence and respect for the laws and tribunals of justice. Mr. Baron Smith and his political colleagues must elect between their judicial offices and their Orange Lodges ; they cannot hold b o th s i tuat i ons . W e d o not know what is the public feeling in Ireland on these scandalous exhibitions ; but in England they are regarded with disgust and abhorrence. Judge Jeffries was am nquisitor and political barbarian. We do not say that the Irish Orange Judge s would imitate his character and crimes, but they partake of big spirit, somewhat modified by the discretion and humanity of the present age. The Irish Government must abate this crying nuisance. —Morning Chronicle. Our readers will recollect that we have always considered Greece, since the days of Capo d'lstrias, as destined to be the prey of Russia. We objected to the arrangement which placed a boy-king upon the throne of that new kingdom, because a Government conducted by the inexpe rience of youth, and the divided power or a Regency, was just the sort of a rrangement which was likely to facilitate the ambitio us designs of the Russian Cabinet. In furtherance of this imbecile project England became, of course, the guarantee of a Greek loan, from which the Au tocrat, who is looking to become Protector of Greece, as he already is of Turkey, will derive all the advantage. We had no doubt that the troubles in Greece which have signalized the very beginning of the reign of the beardless Otho were fomented by Russian emissaries, and now we find this is placed beyond all doubt, by the recent intelligence from that country, which states that the i" Capo d'lstrias's party is again lifting up its head, after remaining long quiet, in the hope of estranging the people from the Regency." The disturbances in Tenos appear to be the work of the same party, the heads of which are said to be in regular correspondence with the Councils of a foreign Power. What Power is meant no person can for an instant doubt. It is the Power that can open and shut the gates of the Dardanelles at its pleasure, and now wants the harbours of the Archipelago for the fleets with which it intends at no very distant period to command the coasts, and supply the commerce of the Mediterranean. One of the first acts of the present Greek Government was exceedingly weak, and we remarked upon it at the time as being calculated to bring about internal agitation and disorder. Instead of giving employmennt to the Greek Chiefs, who had been most distinguished in the protracted struggle which led to the severance of their country from the Turkish empire, the Greek Regency excluded them from all office, and thus left no alternative to those adventurous and fiery spirits but either to droop in a state of disho noured inaction, or direct their energies against the Government which foreigners had placed over them, and which had treated them worse than aliens in their father land. It would seem as if emissaries of Russia had given the advice which the Government of Otho so foolishly acted upon. His first act taught the Greeks that their new state was not one of independence, and that they had only been transferred from one foreign yoke to another. They who could not brook the dominion of the Turks were not likely to submit very tamely to the insults of Bavarians. England, indeed, should never have assisted in severing Greece from Turkey, unless upon the conviction that she was able to main tain herself as an inedependent State, and a harrier in that quarter against Russia. If Greece were qualified for a free and independent exist ence, she ought to have been allowed to choose her own form of Government and her own So vereign. But the spirit of foreign dictation, as in the case of Belgium, has already brought Greece to the verge of ruin—and the new king dom, instead of being a barrier to Russian ambi tion, is likely to become a stepping-stone to the future conquests of that Power—more especially her efforts to establish a maritime ascendancy. —Morning . Herald. The conduct of Mr. Baron Bayley, with re (Yard to the persons summoned to appear in the Court of Exchequer for refusing to pay the assessed taxes, deserves the highest praise. Grievously did he disappoint those officers who, according to established practice, wished to make the thing a matter of fees, by ordering the ap pearances of the parties to be entered on the spot, without the expensive preliminaries of employing legal assistants, and paying fees to the officers whose duty it is to make the entries. The Exchequer writs require the party to appear in Court, but the practice hitherto has been not to consider his personal appearance as any ap pearance at all—the true appearance, secundem artem, being to appear by attorney, who enters the name in a book at the office, on which a fee to the officer becomes payable. Mr. Baron Bayley, to the great astonishment of the officers, who seemed inclined to dispute the matter at first, ordered them to produce the book in Court and record the appearances forthwith, as being the undoubted right of the persons served with process; and thus has one tax on the subject been repealed.—Morning Herald. The negotiation which has been going on for some time between Mr. O'Connell and the Government of Ireland has at length terminated, and the Learned Gentleman, having carried each of the points in succession, which induced him to prolong the farce even for so long a time, has thrown off the mask, and in a letter to Mr. Fagan, the appointed chairman of the dinner to be given to him in Cork on the 4th of this month, has issued his declaration of war against the Government, and hoisted the standard of " Repeal." This, then, is to be the war-cry during the approaching winter, and thus has terminated Mr. Littleton's first essay towards the pacification of the country, where Mr. Stan ley's reputation as a statesman received its death blow, and where, if we mistake not, Mr. Lit tleton's career will be as brief and as—dis honoured ! Thus stands the affair : Mr. O'Connell was offered the Mastership of the Bolls, accompanied by various little acts of conciliation, such as the dismissal of Colo nel Blacker, the pardon of the anti-toll rioters, and a few other sops of this kind. Mr. O'Connell's ambition, however, has of late taken a higher light. The Mastership of the Rolls was—and but a little time ago—the ob ject of his proudest wishes. Upon Mr. Little ton and Lord Wellesley the case becomes dif ferent. Mr. O'Connell judges, and wisely, that the chances have become more in his fa vour ; and what would have been a boon from Mr. Stanley ceases to be a favour from Mr. Lit tleton and Lord Wellesley. However, Colonel Blacker is dismissed from the Commission of the Peace ; Mr. O'Connell interferes to procure the pardon of ten rioters from Fermanagh, a county with which he has no connection, but in the affairs of which, as " General Protector of Ireland," he, of course, looks upon himself as specially authorised to interfere ; his interfer ence is accompanied with the most entire suc cess 1 and, having thus induced the Govern ment to commit an act of gross injustice towards a most deserving and beloved Protestant Ma gistrate, having shown to the people the strength and efficacy of his interference with the new Government, and having disgraced and befouled this Government in every way in the eyes of the multitude, the successful agitator, having no other object to attain, throws aside the mask, scorns, and spurns them ! This is Mr. Littleton's first lesson. Will it be his last? We will not now stop to inquire into the abstract propriety of pardoning, at this period, and under the par ticular circumstance of their crime, the Fermanagh rioters ; but we must draw attention to the reason given for this exercise of the royal prerogative of clemency by the new Secretary for Ireland ;. not the reason ostensibly given, but the reason manifestly uppermost in Mr. Littleton's mind, when he consented to remit the further punish ment of these men. This reason appears in the very first paragraph, nay, the very first words of his letter to Mr. Randal Kiernan : " Mr. O'Con nell has transmitted to me," &c. ; and therefore, thou g h the offence certainly was a serious one, the Lord Lieutenant has thought time imprison mentthep ro prove prisoners e i h e n a v t e w a a l r r n e n d g y t b o e e t h n e s m u je ctd t , o w w o h u i l c d h &c. Was there, then, no gentleman more imme diately connected with the county of Fermanagh to whom, under the particular circumstances of the case, Mr. Littleton could have applied for further information, before he thus consented to pardon persons guilty of a " serious offence?" Was there no resident Magistrate nor presiding Lord Lieutenant to whom, for mere decency s sake, he might have addressed a letter requiring further particulars, before he adopted the un usual course of taking the recommendation of a stranger ? It is perfectly manifest that the whole proceeding was adopted simply and purely to conciliate Mr. O'Connell ; it is perfectly manifest that Mr. Littleton was egregiously out witted in the entire affair ; that while he thought he was bringing the Agitator to terms by all these concessions, the Agitator was laughing in his sleeve at his folly ; and it is perfectly manifest that Mr. Littleton has by this course at once, and for ever, not only exhibited his own Inca pacity for the office which he fills, but given another proof of the disgraceful truckling o f the Whig Government to this man, who, though their oft-denounced coadjutor, still disdains to be their more degraded ally.—Morning Post. Next to the associations, now fortunately at an end, for resisting the payment of the assessed taxes, we know no subject on which we can touch which it is more delicate to manage than the almost universal combinations which are now in existence, on the part of workmen, to obtain higher wages than are now paid to them, and on the part of masters to resist them. We say de licate, because truly there is no possibility of touching upon the subject without offendin g either the one or the other ; but having no in terest to serve but that which tends to the good of both, we shall not hesitate to speak the truth of them, and to state at once, without the slightest reservation, that both, in all the cases which we have examined, have been egregiously in error. The object of the workman is, naturally enough, to obtain the highest rate of wages which the trade t o w hi c h h e h as been brought up can possibly entitle him —that of the master to obtain the highest rate of profit upon his capital; and unquestion ably there are times when these two interests, owing to excessive demand on the one hand, and grasping avarice on the other, will be in a state of collision ; but, at the same time, nothing is more certain than that the interests of the master and the working man are very closely united, and that it only requires a very small exertion of good feeling on the part of both to prevent even the semblance of a mis understanding between them. How foolish is it, on the part of the master, to refuse a rate of wages which his profits will fairly allow, and how ridiculous also, on the part of the work ing man to demand more than the other can possibly afford to pay ? It is the interest of the master to employ as many hands as his capital will permit him to engage, while their employ ment furnishes a remunerating profit ; and it is equally the interest of the workman, to give his time and his talents to the best bidder, while either the rate of wages will enable him to live, or his necessities compel him to receive them. These points are so self-evident that it appears almost an act of folly to state them , yet such is the folly on both sides, that nothing is now more common than to hear of combinations among the masters, on the one hand, to resist the payment of a certain demand of wages ; and, on the other, of workmen to insist upon adherence to a particular scale. Both parties have an absolute and unquestionable right to form such combina tions—the law declaring them to be a crime has ceased to exist ; and we are not aware that a greater boon has ever been conferred upon the respective parties than that of allowing them to take their full swing in such matters ; but there is nothing, at the same time, more self evident, than that any attempt at intimidation on the part of either is not only a gross breach of the law, but a still grosser breach of individual liberty. Every man's labour and talents are his own property ; :,e has a right to employ them as he pleases, with or without remuneration, except in direct breach of the law, and we know of no greater tyranny which any one man, or any body of men, call attempt to exercise over another, than that of attempting to prevent them from the exercise of this lawful and just right. The circumstances of all individuals are not the same in any one trade or profession. It may suit one capitalist to re ceive a small per centage upon the employment of his capital, just as it may suit, or indeed be imperative on a workman to accept a small amount of wages ; and who shall dare to say to the one that he shall not let out his money at small interest, or to the other that he shall not accept of such wages as he can obtain in order to supply the wants of his family ? We trust that these hints will not be mistaken. 'We are, and we ever have been, the friends of the working classes, and in all that they deserve to be supported they shall have our cordial aid and co-operation ; but we can no more countenance intimidation on their part, either towards their fellow workmen or towards their Blasters, than we can or will sanction any attempt on the part of the latter to oppress them. Let both be but of good heart and of good feeling towards one another, and no permanent or serious difference can possibly occur.—Morning Advertiser. THE CUMBERLAND BARD.—A few days after the death of the late Robert Anderson, it was stated in one or more of the London papers that he died in the workhouse, in a state of great abjectness and poverty; and some reflections were cast upon the people of Carlisle for allowing ` a man of genius to die thus negl e ct e d. W e cannot at present lay our hands upon the paragraph, but the above is its purport, and we here give it a most unequivocal denial, For a considerable period prior to his death, and after he had ceased to labour for his own main tenance, he was comfortably lodged, and every necessary provided for him, out of a fund raised amongst a few gentlemen in Carlisle ; and though he certainly died in " poverty" (according to the usual acceptation of the word), he had not experienced any real want.—Carlisle Journal. IRISH CASE OF BIGAMY.—At the Coin mission Court in Dublin came on to be tried on the 30th ult., the case of the King at the prosecution of Maurice O'Connell, Esq., v. INlary Jane Galway, alias Cockburne, alias Macneile, alias Scott, for bigamy. It will be recol lected that the first mention of the case made some noise in the papers not long since. The prisoner was charged that she being the wife of Anthony Galway, married in 11Iarch last with John Scott, Esq., of the county of Clare. A witness named King, a clerk to a couple-beggar, was called to prove the marriage in the year 1821, at the Haymarket, in Dublin. His identification of the pri soner was, however, very slight. It was submitted by the counsel fur the prisoner that some years had elapsed since G ilway had been in the country, or was known to his wile to be alive, but whether this was the case or not, did not clearly appear from the evidence. Mr. Maurice O'Connell, who some short time ago married a sister of Mr. Scott, was a witness to prove certain conversations with the prisoner, when he ende avoure d to i nduce her to s i gn a paper relative to this transaction, which she refused to sign. It caused some amusement is Court when it was elicited on cross-examination, that this gentleman, the clerk to the couple beggir, Mr. Walsh, and Mr. Galway, travelled from Dublin down to Clare in the same post chaise and four to confront the prisoner with Galway. The Court considered the evidence against her as slight, and the Jury not being able to agree in their verdict, a juror was by consent withdrawn. The prisoner was then bound over in sureties to appear and stand her trial again when called upon. COURT OF CHANCERY, Nov. 4. WINCHESTER V. LAWES. I Mr. PHILLIMORE moved that this cause might be ordered to be set down before the Master of the Rolls. A lease had been made of the Italian Opera-house, by the late Mr. Holloway, to Mr. Taylor, who afterwards parted with his interat to Mr. Waters. When the lease expired in 1819, Mr. Holloway was dead, and Mr. Sergeant Vitruvius Lawes and Mr. Croft, who were his executors, were applied to for a renewal of the lease. They were willing to grant it on payment of the fine of 10,0001. This amount was objected to, on the ground that as the Crown had remitted the renewal fine to the representatives of Mr. Holloway, the latter ought not to demand it of the lessees; but the lessees, who said they had laid out a sum of 9,0001. in put ting a new front to the theatre, and otherwise im proving it, and that the remission of the fine was in consequence of such expenditure, declined to take a less sum than they had demanded. They therefore brought an action of ejectment,w hen the representative of Mr. Waters, Mr. Alderman Winchester, filed his bill to stay the proceedings. A reference was sub sequently made to the Master, who reported that the fine ought to be paid to the representatives of Holloway, and, by an order of this Court, that re port was confirmed. Some difficulties arose as to the shares in which this fine was to be contributed by the several parties who had subsequently become interested in the theatre, and the cause was set down for further directions before the Master of the Rolls. An objection had been taken as to the au thority of the Master of the Rolls to hear the cause, as the order last referred to had been made in this Court, and his Honour the Master of the Rolls de clined to proceed. The present application had therefore become necessary. Mr. TRESLOVE, for the representatives of Mr. Waters, sought only to he satisfied as to the costs of his party, and that being done, he was indiffe rent fas to the Court in which the matter which remained should be discussed. The question really in dispute was not to whom the fine should be paid, for it must doubtless be paid to the executors of Holloway, but in what proportions it should be paid by the parties liable, of whom his clients were one. Sir E. SUGDEN, on behalf of Mr. Alderman Winchester, was instructed to oppose the motion, and was proceeding to state his objection, when It was stated to the Court by a solicitor for some of the parties that an arrangement was in progress for terminating the dispute, and that the Court would not be called upon to decide anything but the payment of the costs. After some discussion, it was arranged that this should be mentioned on Thursday next. ROLLS' COURT, Nov. 4, FIELD V. SOUL. In this case the petition was presented under somewhat singular circumstances. In 1820 the petitioner, Mr. Field, employed a Mr. George Be zant as his solicitor to prosecute this cause and various other matters; and, in 1828, an order was made for the delivery of his bills of costs, that they might he referred for taxation in the usual way. Bezant, it appeared, was indebted to the petitioner upon certain bills of exchange, the principal of which, together with an arrear of interest, was at this time due, and to recover the amount an action was commenced in the Court of King's Bench. Bezant pleaded the general issue, but gave notice of set off, including the amount of those bills which were under taxation by order of the Court. Having put in his plea, he applied for an order to postpone the trial of the action on the bills of exchange till the taxation was completed. In February, 1831, the taxation being incomplete arid the ac tion still suspended, an order was made in the original cause for payment of various sums of money out of Court to the petitioner, on his delivering up certain securities, which were in the hands of Bezant, his solicitor, who refused to part with them, insisting that he had a lien on them in respect to the untaxed bills. Mr. Field proposed that 450/. should be set apart to wait the result of the taxa tion; but Bezant objected, and ultimately 7001., part of the moneys ordered to be paid out, was re served for that purpose. One of the objects of this petition was to have that sum paid to the peti tioners, it now appearing that nothing was due to the solicitor. His HONOUR said the Court of King's Bench were of opinion that the petitioner was bound to pay the costs of the action, and although he could not cuncur in their opinion, he had no jurisdiction to reverse their order. The petitioner, however, was entitled to have the 7001. which had been set apart paid to him, together with the costs of this application. Mr. Balguy, having been appointed King's Coun sel, was invited this morning to take his seat within the bar. COURT OF KING'S BENCH, Nov. 4. INTERESTING CASE.-IN RE JOHN WALTER POE. Mr. PRICE moved for a rule to show cause why a prohibition should not issue to restrain the execu don of the sentence of a Courtmartial pronounced against John Walter Poe, late lieutenant of his Majesty's 55th regiment of Foot. The Learned Counsel was prepared to read the affidavits detail ing the facts of this case, upon which he moved the Court to prohibit the proceedings of a courtmartial. The ground of his motion was that the courtmartial had decided upon a charge of which they could not the se take cognizance. When their Lordships heard the charge against the gentleman who applied to the c C o o u u r i t t nnrtjai they was w 01l would incompetent doubtless to determineadjudicate, they had entertained a charge contrary to the spirit and meaning of the Mutiny Act. The charge was that be because this ;—" John Walter Poe, of the Strand, in the county of Middlesex, late lieutenant in the 55th regiment of Foot, made oath and said that he was tried by a military courtmartial assem bled at Chatham on the 24th of August last, on the charge that he, being a passenger in the ship Cesar, during a voyage from Calcutta to England, was on the 12th of February, 1832, accused of stealing a 5/. note and several pairs of silk stockings, said to be the property of Thomas Ross, a servant in the said ship. That the charge being brought under the notice of Captain Watt, and other officers on board the Cxsar, the said officers and passengers expelled him from their society, and did not allow him to enter the cabin during the remainder of the voyage ; nevertheless the said John Walter Poe, under circumstances so degrading, neither then nor since had taken measures to vindicate his honour and reputation." Such was the general charge on which this gentleman was to be tried at Chatham, and it was thought fit to add a sentence to bring it under the Articles of War, namely, that such con duct was unbecoming a gentleman and an officer, it being to the prejudice of good order and military discipline. The deponent further said that on his trial and defence he instructed his Counsel to ob ject to the Laid charge, on the ground that he was not charged with a military offence according to the Articles of War. The Learned Counsel was prepared to contend that there was nothing in the facts which could render the young gentleman liable to be tried as an officer for neglect of good order and military discipline, but the Court did proceed with the trial, and, after deliberation, cc me to the following decision The Court, having heard the evidence and the defence, are of opinion that the prisoner is guilty of the whole of the charge, and a breach of the Articles of War. The Court doth therefore sentence him, Lieutenant J. W. Poe, of the 55th Foot, to be dismissed his Majesty's ser vice." The Court added that they considered the charge in a military point of view, and did not de cide whether it was a theft as charged by the man robbed. The objection to the proceedings was, that the courtmartial had exceeded their jurisdic tion, inasmuch as they had entertained a charge which was not an offence within tile Articles of, War. Mr. Price then entered upon the powers given to Courtsmartial by the Mutiny Act. Mr. Justice PARKE--The sentence in this case has been confirmed by his Majesty. Mr. PRICE should contend that he could, in a case like the present, call upon the Judges, who repre sented the King, to restrain the execution of an im proper sentence. If the Court could, in this case, direct thLir prohibition to the Judge Marshal, they would do a great service to the army and the coun try, as well as his unfortunate client. The LORD CHIRP JUSTICE—What do you wish us to prohibit ? We cannot prohibit carrying the sentence into effect. That is done. Mr. PRICE—It may not be final. Mr. Justice PATTESON—What remains to he done ? His is a clear sentence. He is dismissed for life. The LORD CHIEF JUSTICE—After a Courtmar tial has pronounced sentence, which is carried into effect, can the Courtmartiai reverse it ? Mr. PRICE—I should think they could, because they have done that which they could not do in law. They might re-assemble. The LORD CHIEF JUSTICE—Have you any case to show where, a sentence having been carried into effect, this Court has interfered to set it aside ? Mr. PRICE had not such a case. The LORD CHIEF JUSTICE—You may take time to see if you can find any precedent. Mr. PRICE—I will, my Lord; but I suppose I may obtain a rule to show cause ? The LORD CHIEF JUSTICE—We must see whe ther we have power to grant a rule, and whether there is not a good charge under the Mutiny Act. Ungentlemanly conduct, unbecoming an officer, is one of the things for which an officer may be cashiered. It was then arranged that Mr. Price was at lib, rty to apply to the Court again. COURT OF COMMON PLEAS, Nov. 4. DEAN V. HOGG AND ANOTHER. This was an action tried at Guildhall before Mr. Justice ALDERSON for trespass and assault. The defendants, it appeared, had hired a steam-vessel, called the Adelaide, for a trip to Richmond. The plaintiff, an attorney, and Mr. Walsh, a law-re porter, went on board the Adelaide on the day in question, not being aware of the defendants having engaged the vessel, and the person steering agreed to take them for Is. 6d. each. The Jury found for the plaintiff, damages 10/. Mr. Sergeant SPANKIE this day moved for a rule to show cause why there should not be a new trial, on the ground of misdirection by the Learned Judge, The Learned Sergeant stated the case in a most humorous manner. The defendants had deter mined on having a day's pleasurable excursion, and had hired the vessel for a party of fifty; but days selected for pleasure generally turned out to be days of grievance. Dr. Johnson, in his "Rambler" had illustrated this by the tale of the ladies being at tacked by hungry or wanton alligators ; and in this case the defendants, perhaps, having discovered the profession of the plaintiff and his friends, were jus tified in having the same fears towards them as the ladies had towards the alligators, and had requested these gentlemen to leave, which, however, they ' with singular good taste refused to do, alleging that th.ey had not been tictred as gentlemen. DJentl - caused a wherry to be brought alongside, and with force ejected the plaintiff from on board the vessel. The defendants justified, but the learned Judge told the Jury he thought they must find for the plaintiff. He (the Learned Sergeant) con ended that the defendants were fully justified in expelling the plaintiff from the vessel, it being theirs for the day. The COURT granted the rule. In Lysons and wife v Barrow, Hyne v. Stone, and Hammond v. Willoughby, rules Nisi were granted. CUNNINGHAM V. FONULANQUE. This was an action on special assumpsit, and a verdict given for the plaintiffs, with damages 641. Os. 6d. The plaintiffs were printers, and the defendant the publisher of the Examiner newspaper. Mr. Sergeant TALFOURD moved for a rule to show cause why there should not be a ❑onsuit entered, or a new trial granted, on the ground that the evidence was improperly received, and that the verdicr was against evidence, and against the di rection of the Learned Judge.—Rule granted. CHOLERA—AIRDRIE.--About eight clays ago, this scourge of humanity, so alarming and so fad in its results, made its appearance at Airdrie Toll, and has continued to progress towards the town, and to carry off its daily victims ever since. The deaths up to this date amount to thirteen, out of a population contained in a few scattered houses in the detached district referred to. As yet we have not heard of a single recovery, so that we are led to believe that the malignity of the disease on this oc casion is much greater than when it raged here in 1832. Fever has also been very prevalent of late in the town, but we are happy to add, that its virulence is now much abated.— Scottish Guardian. The following account of the new Spanish Minister, M. Xavier de Burgos, is given in a letter from Paris :—" I❑ consequence of the evacuation of Spain by the French army in 1823, M. Xavier de Burgos took refuge in France, and established himself as a merchant in the city ~f Marseilles. He was unfortunate in trade, and became a bankrupt. Shortly afterwards he returned to his own country, and obtained an employment under the Government of King Ferdinand. I❑ the year 1824 he was despatched into France in the capacity of Commis sioner of the Sinking Fund, in order to assist M. Aguado in his "*"*"" manceovres for the negotiation of a Spanish loan in France, Belgium, Holland, and Germany. While in Paris on that occasion M. Burgos became the champion of Spanish financial credit, and replied through ether journals to the attacks made upon it by the liberal press, which represented the contemplated operations as calculated to cheat capitalists of their property. On his arrival in Paris M. Burgos was miserably por. His first step, however, placed:lso,ooo francs (6,0000 in his pocket. (It had reference to the affair called Guebhard's Loan.) A Spanish Priest of the name of Minano, also a partisan of the French, and who bad been a secretary of Marshal Soult's in Spain, was his principal agent in this movement. Through him a Spanish journal was esta blished at Bayonne, and afterwards at St. Sebastian, with (it has never been doubted) the sole view of supporting his financial speculations. The nomination of M. Burgos to the Ministry of the Interior has been represented as a mere compliance with the will of the King. This is not the fact. It was the result of an intrigue between M. (a celebrated Spanish capitalist), who had been attached as a sort of secretary to Marshal Soult's staff in Andalusia, Minano, and the Minister (Soffit), with a view to the effecting of a great financial speculation, which will develop itself about the Ist of January next." Died, on Wednesday last, in Portsea, in his 76th year, of a cancer in the forehead, John Daw, a veteran warrior. This extraordinary roan entered the 63d regiment of foot in his 17th year, then in America, commanded by General Leslie, and continued in it for five years, during which be served in sixteen engagements, and r w e a c s eiv a e t d th se e ve E n u w to o il unds ; thest n Springs, last and most caro memorable iina ,i nwh o ic n i e , 4,000 English were engaged by 17,000 Americans. The regiment to which Daw belonged entered the field 550 strong, thirty-two of whom only came out. During the action Daw received three wounds, one in hie leg, one in his arm, and a musket ball in the forehead, (near the spot where the cancer has proved fatal,) and was left amongst the slain for some time. His brother, who was in the same regiment, and had escaped without a wound, after the battle went in search of him, and finding life still re maining, took him on his back, and carried him to the English quarters. After his recovery he was sent to England, and placed with the Veteran Corps at Fort Cumberland. In 1793, Daw was again called to engage in a sanguinary conflict. The Veteran Corps bad partly the charge of the convicts at Fort Cumberland, twenty seven of whom seized arms and got on board a small vessel, and escaped undiscovered, until they had nearly reached the mouth of Langston Harbour, when au officer and ten men, amongst whom was Daw, were sent in pursuit. As they approached the fugitives, a brisk firing commenc,d, and was kept up for some time, but on hoarding, consider. able resistance was given ; eventually the veterans succeeded in capturing them, but in the conflict two were killed and three severely wounded. Daw again escaped. Subse quently he has remained an out pensioner of Chelsea, and has been employed as a labourer in Mr. Orange's dru establishment at Portsea. He retained his faculties to the last. LONDON MARKETS. OF BREAD. A let t b° The highest price of PRICE re Bad in the Metropolis is 9gLu 41b. Loaf. There are others who sell from jicl. to 14 0 . that price. PRICE OF SEEDS.—Nov. 4, 67 ,. 71S' Yew English Red Clover Seed (per Cwt.) —s. 60s. fine 60s Old Ditto Ditto - —s. 50s. fine - 4 * . ..,s, .cew Foreign Ditto . —s fine . 4 ' ~.s. Old Ditto New White Clover 7os. fifis ' fine D''' ..a' Old Ditto Ditto „.... s . .._s. fine ..... i. Oa Yew Trefoil . „,..,.. ...) 225. (is. fine -4 ' ~..i. 3M Ditto Rib Grass _.. s . , fine ..-°,' Fob English Carraway Seed ..... ____. —s. --s. SO& fi n 84/11. Foreign Ditto —s. Th. fine 1115' Coriander -. —s. 14s. fine -" 4 ' 505. St.. Foin _ ..(per Quactcr).—...-..... 445. 462. fine 43 ',' ;V' . —S. —s . ne Rye Grass - vi 4,-.. g .. . --- Pacey Ditto ' 4 s. —e. new ."°- 0. Linseed, for feeding Ditto, for crushing . 465. 50s. - , ..5. fin e 721' Canary Seed, New . —s. —s. fOs 1 "`" .. ,, l' i'itto Old , -,-g. ..--S. ..• fin' i, , , White Mustard Seed—(per Bushel).--.. —s. I`2s. 14s. t ° ,...44 Brown Ditto „ —s. 16s . ISs. 0 n"211' Turnip Seeds, Rounds ...- „... —s. —s 18s. fi ne 10. Green and Red Ditto.. . —s. —s.. ISs. fine Tares, Fares, Old Ditto New 4s. 6d. fine r ,',V ,e SJ. Rare Seed, English, fine (per Last) 21/. 26/.....- Foleig_l2 ".''.......;/. ItICES OY HOPS.—Nov. 4. New Kint Pockets (per cwt.) —SI ss. 61. 12s. to Choice , St. O. Of. Os to v`,' 05 East 71. Os, 01. Os. to „ Choice New S , ssex Pockets 5/. is. 01. Os. CO 5 " 103 , Superfine Ditto 6/. Os. 01. Os. to 61. 0 , Farnham Ils. 01. Os to 1`.. 11 . Ditto (seconds) 101 Os. 0!. Os to 1 11 ' The Flop Duty is estimated at 155,0004 PRICE OF OIL. 6 i 3B 0 Rape Oil, brown , 361. 6s. Refined Linseed Oil °, Linseed Oil Cake at the Mill, per thousand 61, , Rape Cake, per ton _ PRICE OF POTATOES.—Nov. 4. Shaws--. —3/. Os. to 3/. !Os. per t o Middling --0/. Os. to 21. ss. ditto; Marsh Champions 4l. Os. to 41. 10s. dittd. scotch Reds.-- 3/. 10s. to 4/. Os. ditto. Chats --..- 0/. Os. to 2/. Os. ditty WHITECHAPEL HAY MARKET—Nov. Qd i lay 753.0 d. to 98s. Od. Clover 82s. Od. to Straw. 3ls, Od. to 33,0 d. LEATHER. Per lb. d. English Horse Hides.. 1 , 4 0 Spanish Ditto Per dozen. Calf Skins,. 30 to 4(lb. 1 1 ' Ditto 40 to 601 b. ,„1, Ditto 70 to 901 b. 1. 9 Small Seals, Greenland 16 ,1 6 Large ditto f.. PRICES O Per lb. d. to d. Butts, English 15 25 Ditto, Foreign 14 21 Dressing Hides--. 12 15 Ditto l4 17 Ditto, light Crop Hides, light...—. 12 14 Ditt0—...,.:40 to 501 b. 13 18 14 20 RICE OF RAW FAT, per stone ot Blb. od• ['rice of Tallow (as stated by the Tallow Melters) PRICE OF TALLOV fown Tallow 48s. Od. Yellow Russia .. 48s. Od. Od. Soap Ditto s. Pd. Melted Stuff'.. 37s. Od. Ditto Od. per 112,1 b. Mottled _ _ Graves Good Dregs ------- PRICE OF CANDLES. 'lle price of Store Candles, in the retail shops, is as follotid andles, per doz. 7s. Od. to Bs. Od. I Moulds, per dot ET.—Nov. 4. s. 6 Per Ton. 1 6 9 Walla End Peareth.....r°, 18 9 Walls End Perkins & ( A* 19 5 Walls End Riddell's 15 6 Bells 11 Fawcett Main 19 6 Lambton's Primrose 90 Walls End Braddyll'so' 91 6 Walls End Hetton ~ 9 6 Walls End Lyons 91 9 Walls End Lamhton ••••••"' 91 1 W. E. Russell's Hetton.. 91 Walls End stewart's...."' 16 5 Walls End Urpeth 19 6 Walls End Adelaide...l 19 Walls End Butter Kno vi 19 6 Walls End G0rd0n....-- , '" 99 Walls End Tees p 4 6 Hartley . 18 Killingworth Trader last market-day, 53. COAL MAR. Per Tori. s. d. kd al r's 16 6 Beaurneist l6 0 Dean's Primrose 15 0 Ellison Low Main - 14 8 Hebhurn Main , . 18 0 Holywell Ord's Redhugh 16 0 Shipcote 18 9 Pownlev West Hartley l7 6 Wylam 17 0 Walls End Bcwicke & Co. 19 9 Walls End Carr and Co. 17 6 Walls End 19 6 Walls End Hilda 18 3 Walls End Hotspur_ 18 6 Walls End Killingworth 18 0 Walls End Newmaich....... 18 6 Ditto Northumberland.. 18 6 Ships arrived since GUILDFORD MA RKET.—Nov. 2. to 01' Wheat (Per Load) l4/. to 161. Oats (Per Qr.)... ...... 2 0, 36 • 4 0 Old 14 16 Beans 38 Barley (Per Qr.) 27s. 345. Pease MEETINGS OF CREDITORS AT THE COURT, BASINGHALL-STBEET- (From the London Gazette.) TO-MORROW, Nor. 9. at vi T. Riddell and Co., innkeepers, Stratford, Ess" '''''''''''' 1 J. Jones, hat-makers, Bishopsg ate.street Without ......... 1 0 J. Beasley, upholsterer, Maidenhead, Berkshire ...........• 1 0 J. Wilson, distiller, Barclay House, Hackney ............... 1 DIVIDENDS. G. F. Stratton, pipe-maker, Park Hall, Alcester, V. T31. ",,t1 3 wickshire .... J. M. Stewart, master-mariner, = Jerusalem-CoNouset ..... S. Parker, underwriter, South Lambeth ......... ................. 11 M Pasmore, grocer, aidenhead, Berkshire ..................... LIVERPOOL COTTON MARKET, SATO; DAY.—The market still continues extremely flat ' and cg cot !educe our quotations generally in all descriptions of co gr. 4d. per It). The Surats, by auction yesterday went o"/ t, r such part as sold, at the same decline. 'The s aleA p the week, including 1,200 American taken on spe culAt le; amount to 10,230 bags. Import 7,371. Th e ' t e re to-day amount to 2,000 bags. The finer qualities of sold at yesterday's prices, but the inferior sorts at a dechn' An awful and sudden death took place in th A e parish of Pencombe, Here'ordshire, on WednesdaY l4 tirl woman of the name of Collier, whose son, about fiverol , old, had only just expired, was suddenly seized w it " 0 ness, and died in a few hours!! There was also i° tb house at the same time, a daughter and her father , b ° o o lying at the point of death, and perhaps before tbi' they have ceased to exist.-- Worcester Herald BIRTHS. ... 11c 01 On the 29th ult., at Ashwick.grove, the lady of 01 Strachy, Esq., of a daughter. fisq'' I On the 31st ult., at Brighton, the lady of S. Levison, Brunswick-square, of a daughter. e 1 0. On the 3d inst., Mrs. C. W. Davis, of Charles-squa re ' ton, of a daughter. °' 0 1 ' On the 4th inst., at Hammersmith, the lady of Art hur ford, Esq., of a son. CO rl On the 2d inst., in the Hackney road, the lady o f Salisbury Butler, Esq., of a son and heir. c ~,,, O il On the 31st ult ,in Moray-place, Edinburgh, the 1. - ' , John P. Orde, Bart., of a daughter. f co° ii, n the 24th ult., the lady of John Davies, Esq.. ° of Carmarthenshire, of a daughter. ...„ at oot On the 25th ult., at Plas Heaton, the Hon. Mr 5.::„..../ a daughter. 11' ARIED. ' On the 31st ult., at Wate M rmillßock, Ull eswa te r , the , e, 10 V. Elliott, M.A., Fellow of Trinity College, Cambria,: Julia Anne, daughter of John Marshall, Esq., of 1 01' Cumberland. 0011' olEafst Camden iod t n tfdhw h elj e :::2 2 p d t oteßh i wr n rsun s o t ti: . at , k.mt:o a tfa t to,tHr C dEs h e.tsn r s.qt i r s p.ri. t eeaeot C nttfac, h tr u thi r se c nA l cc i ni , ho: nu S ie u renic r d;h r ee e ,ors y cnt ladyri C r: h ur jo a nao r tgils Charles be . rsiot o f : rr e : owe ° Isack Riviere, gun-maker, Oxford-street. On the 24th ult., at Nantwich, Richard Wilding, j un ANiey of Church Coppenhall, to Ann, daughter of Nllh}° r It Esq., of Leighton. 11 0 0 1 On the 21st ult., at Mottram-in-Longdendale, t he Brook Aspland, of Bristol, to Jane, fourth daughter of e ID g Hibbart, Esq., of Godley. On the 24th ult., at Madron, Charles, youngest 070°101' Rev. Geo. Moore, of Garlenick-house, to Eliza, only daughter of the late Wm. Dennis, Esq., of Penzance* mr, oe On the 22d ult., at St. Mary's Church, Swansea, ore( Davis, of the Mackworth Arms, to Jane, eldest tissue' It c th late O aptain Thomas Davies, of Swansea. n e 29th ult., at Larnesley, Captain T r otter , 0 , v Guards, of Dyrham Park, Hertfordshire, to the ° of lotte Amelia Liddell. ncit °6 On the 29th ult., at Cumrew, Mr. Jameson, -° Penrith, to Mrs. Cant, of Cumrew. fei vs 0 In the parish of Mawgan, near Helston, John de ll, of , James Davey, brothers, to Harriet and Louisa 1.33r a . W ters; and John Bartlett, brother of the brides, to 5 95 " sister of the bridegrooms first mentioned. 000 °' DIED. e On the 2d inst., Samuel Whitty, Esq., of Sherboo , cett• in his 74th year. h f *°' On the 3d inst., at Winchmore-hill, Mrs. Sara 01e. aged SO. f ' tie" On the 30th ult., Martha, youngest daugh ter 0 o t§ Br Or Esq., of Alpha.road. t til lj On the 20th ult., at Rotterdam, aged 79, the 1 sco Anderson, D.D., Emeritus Minister of the Nati°-3 Church in that city. On the Ist inst., at Brighton, Thornhagh PhiliP A ~0 t r.° his 69th year. m O r e n s fo t h r d e , 2 in d i t n h s e t . , e o C u h n r t i y s t o o f p l i r i e a r n t C s, oo E k :q ,. , of i n E as thet 74 lols the his age. al On the 26th ult., John Crooke, Esq., eldest son .h O e ' 0 00' ,oi John Crosse Crooke, Esq., of Kempshot Park, in „ D tt; eo . I cants. t ( 131" j "' On the 2d inst., aged nine years, Amelia, eldest 00 e J. M. Rainbow, Esq., of Winterslow-place, Brixto " ode de A Bridge-street. two 0 years the ear s andlst inst.eleven, at months; Holm hu s h 3 , n J d a o rn n e James h F: V i r n ° s 4 nt " t. ,i st o e $310; Alfred Broadwood, aged four years and three n!„ ° _,,., of , fourth surviving sons of Thomas Broadwood, 0 0 * bush, in the county of Sussex. t , of On the 31st ult., aged 67, Mrs. Mary M oftli 0° mond-street, Queen-square. 4;' at PRINTED AND PUBLISHED BT MIT RD 0 IC 0 ti SUN OFFICX, 11 2 , ST RAND. 71 11/ E N o ,:. ~. 0 " it, Nst. id''''' ki t , tt 1 6 ~Md ~Qe ~\ ':s4 ) P3 l l'h• q, e4 1 8 Tr otb %t ql ) 11, t , u 4,,,1.'1E