The Sun. — London, England, 1833-12-11 00:00:00

~~r cargo was landed by Mr. Bowmitr, wbdhad it taken t 0 I'll own warehouse. Wit sold. Cross-examined Airt.N en—Witness swore to the truth of tl.e entry, as consigned to Mr. Elton, and not 11 5 consigned to the defendant. There were 449 boxes of ^ranges marked T B, and 25 of lemons marked T B ; the rest were marked 13. The defendant chartered the vessel out, and he had bef ire chartered her. Mr. ' , Wood's warehouses were No. 19 and 20, Botolph-lane. • ! I r be defendant was a merchant, and witness had since "?heard he was an underwriter. \lr. Wood was a fruit 'tbroker. Did not know where Mr. Wood now wa s. Had since seen him at St. Michael's. The fruit was all sent to Wood's warehouses. Believed the entry at the Custom Haase was written out by Mr. Wood. Mr. Charles Blundy stated that he had been in Mr. Wood's employ as clerk and hook.keeper. Nos. 19 and 2 0, Botolph.lane, were occupied by Mr. Wood and the defendant, both of whom resided there. The defendant bad k desk in the lower counting house, and a private sitting room above. Wit ne , s kept the books of both of them. the general transactions were entered in one set of book., but the defendant had a separate set for his underwriting business. Mr. Wood general) , paid his salary, but in his absence the defendant paid him. The cargo in question Was entered at the Custom-House by Mr. Wood, as the broker. The entry was made out in the general counting house by the witness, from Mr. Wood's instructions. Could not recollect whether the defendant was by. The tame of Wood was Mr. Wood's writing, but that was obliterated, and the name F. J. Burnett put over it, as the ship's broker. Burnett was the person to whom the Capt a in ought to have applied, lie being the broker in chartering the ship. When the vessel went out, Mr. Burnett was employed es the defendant's broker. Cross-examined—Was the nephew of the prosecutor, and had been ten years clerk to Mr. Wood. The prosecutor ' had sent out some cloth to Mr. Bensoni, at St. Ali ' !beers, through the recommendation of Mr. Wood, it was sent out in the Speedy chartered by the defendants. Bensoni was the defendant's correspondent, and according to the defendant's showing Bensoni owed the defendant 2,0001. ; a cargo of fruit came for the defendant by the Sp ee dy, at the same time as the one in question, and eonsigned by the same shipper; the defendant obtained the prosecutor's assignment of that cargo, and sold it through Mr. Wood as the broker. Of the cloth sent to St. Michael's, the prosecutor Mr. Wood, and the de fendant, were to share equally, provided Mr. Wood and the defendant paid the two-thirds of it. Did not of his own knowledge know that the defendant was arrested by the prosecutor for the proceeds of the cargo in question. Re-examined—The cargo that arrived the same day Was by the Speedy that took out the cloth, and the de fendant was authorised to receive that cargo. In 1830, Mr. Wood sent witness to St. Michaels, when witness discovered for the first time that the cargo of the William had been consigned to the prosecutor. Mr. F. J. Burnett, a broker, stated that he, as broker, chartered the William, Captain Carlisle, for two voyages. lie was the broker for the first voyage, and he should have been on the second voyage, by the regular course of business. The name "F. J. Burnett," on the entry over Mr. Wood's erasure, was not witness's handwriting, nor had he authorised any one to write it. Cross-examined—The defendant chartered her for both ►oyages. Mr. William Elton, the prosecutor, stated that he was a Blackwell Halt factor. In January, 1829, he made a shipment to St. Michael's. The first time he heard of a cargo being sent to him in return for those goods was When the defendant called and said Bensoni had sent a cargo, if witness would take it at a certain price. Wit hese refused, and the defendant said he would take it Witness then indorsed it to him. That was by the Speedy. The first be heard of a cargo being sent to him by the William was in August, 1830, which was in an answer to his letter to the Consul at St. Michael's. He Dever received the package of letters from Wood or the defendant, nor did he give theta any authority to receive the cargo by the William. Cross-examined—The amount of the adventure in elotb.was 6701. ; the defendant and Mr. Wood were to go third in it if they paid their proportions, but they Dever paid any part. As soon as witness learnt the cir cumstances, he arrested the defendant ; that was in 1831 ; had received 1001 , but not upon that account; there were Other accounts between witness and defendant, and the latter still owed him a balance. When this indictment was Preferred, be believed the action was stayed. . Mr. Wood, attorney for the prosecution, stated that in March, 1831, be brought as action against the owners of the ship, and that was settled. He then brought an action against the defendant, and various offers were made. He found he could not succeed in the action of trover, and the prosecutor instructed hint to receive the Proceeds of the cargo, 3901., or nothing. A bill for 1001. was offered on Messrs. Sorenson, of Liverpool, to be put into witness's hand, but it was put by and forgotten Until it was a week overdue. Cross•examined—The bill of indictment was preferred et the Old Bailey, in February, 1832, and he believed the action. was then pending also, and was Hot given up till the following December. A motion for a ,ion pros. was the only proceeding subsequently given. Mr. MILNIR then addressed the Jury for the defendant. Re said this was one of the most extraordinary charges of fraud that ever was made; he contended that from the agreement as to the joint adventure of the cloth, the Proceeds of which was the cargo in question, the defendant bad just as much right to the cargo as Mr. E ton. He contended that this indictment was only got up to compel Mr. Bowman to settle the action. 'fhe fraudulent ob taining of - goods was, according to the evidence, the Unloading a complete cargo of fruit by Mr. Bowman, who Was for the time the owner of the vessel—he having chartered her for the voyage ; and another remarkable fact was in evidence, vie , that all the boxes were marked either "T. B." (Thomas Bowman) or B-474 being marked with the former initials, and 102 by the latter. Unfortunately, however, Mr. Wood was residing at St. Michael's, and could not be produced as a witness, but he (Mr. Milner) put it to the Jury wbether, from the whole transaction between the parties, it did not appear that the defendant had a claim on the cargo. If he had, there was an end to the charge of criminality. His Lordship, in summing up, said the Jury must first lte satisfied, in order to find the defendant guilty of this charge, that the cargo was consign-d solely to Mr. Elton, and that, by means of false and fraudulent representations to the Captain, the defendant got possession of it. i The Jury found the defendant Not Guilty. COMMON PLEAS-(THIS DAY.) The CHIEF JUSTICE proceeded this morning with the London cause., but no case of interest transpired up to the time our Reporter left. A considerable delay was occasioned at the sitting of the Court in consequence of the absence of counsel, wit nesses, and solicitors, and many cases were struck out of the list owing to the absence of parties. COURT OF EXCHEQUER.-(THIS DAY, (Nisi Prime Sittings in London before Lord_LymorsuasT and a Common Jury.) PERRY V. STOCKBRIDGE. This action was brought to recover the value of a horse, sold by the defendant, for 211. to the plaintiff, who is a confectioner in the Borough, upon a warranty. Mr. J, WILLIAMS and Mr. CauairroN appeared for the plaintiff, and the case made out by them was,—that the horse was bought while dawn at Walthamstow at grass, in the beginning of December. He was delivered by the defendant upon the 17th of December, when the warranty was again renewed. He was not driven for two days after, when he was taken out and went a round of about seven miles. He then showed Breit symptoms of distress, coughing and running very much at the nose. Plaintiff only drove him three times, when he called in a farrier, but the horse pined away and died on the 10th Dec. The case was proved by the servants of the plaintiff. In the ct•oss-eaaminatton, it was shown that the journeys the 'Anse went were about 21 milt s altogether, and that during the 7 or sight hours he was left very frequently at the doors of plaintiff's c ustomers. Two veterinary surgeons, who saw the lungs of the horse, said the inflammation must have been formed for five or six weeks previous to death. Mr. Sergeant ANDREWS (with whom was Mr. THES• SIDER) then addressed toe Jury for the defendant, aid contended that there had been no warranty ; the defend ant might have said be believed the 'torte was sound, but in law that would not do. He commented strongly on the evidence, and said the horse had been bought by the defendant in the month of May to serve him in the Surrey Yeomanry ; but as he did net answer for that purpose— war nut beautiful enough—he wished to dispose of him, arid was introduced to the plaintiff by one of the witnesses But his case was, that he was petlectly sound, and he would prove it by evidence of the former possessors. The cause of the disease was the very treatment which the plaintiff had given it. Mr. I3owring sold the horse to defendant in May, for 241. without any warranty, he was then as sound a horse as a ny in the country. Mr. H. May of Walthamstow—the horse was at grass n his park, it left his premises on the 17th December, and lie believed it wasierfeetly sound. L James Matthews was gruow to defendant, and bad th enough. Mr. Witt lAN'S declined to reply, and the Jury, after a Alert consultation, returned a verdict for the plaintiff— Damages 211. 18s. SHIPPING INTELLIGENCE-(THIS DAY.) FROM LLOYD'S. DEAL, Dice. 10.—Wind W., light breezes.—Arrived the Eliza, M trsltall, from Singapore ; and Hebe, Dale, from Rio Janeiro. Nearly all the coasters hound to the westward have sailed since last evening. The outward hound remain. Arrived from London the Clarion, Whetroy, for Bevis. FALMOUTH, DEC. 9.—Wind S. W. to W. S. W. fresh gales and squally.—Arrived the Confiance steam packet from Lisbon—sailed the 3d instant, and from Oporto sth. DOVER, DEC. 10.—Arrived off port the Heart of Oak, Watson, from Quebec, with loss of part of deck load ; and Julius, from Demerara. Off port the Earl Kellie, Hintimarsh, from Quebec. Toesnalst, DEc. 9.—Arrived the Unity, Thomas, from Seville. LIVERPOOL, DEC. 9.—Arrived the Margaret, Taylor, from Mauritius ; Minerva, Metcalf, from Bombay ; Mersey, Snow, and Sarah Parker, West, from Savannah ; Mary Howland, Aikin, front Charleston. Off port the Abedna, Russell, from Buenos Ayres ; and George Can ning, Houston, from Africa. CORK, DEC. S.—Arrived the Edward, Tevier, from the Cape of Good Hope—sailed 20th September, and from St. Helena October 10. Off port the Monarch, Buchanan, from the Pacific. The Robert Burns, Loupes, from Stettin to the Isle o Man, was en shore on Saltholtn, 30th ult., but expected to be got off. The Jason, King, from Memel to Lynn, put into Elsi nore leaky, and must discharge. The Mary, Jewitt, from St. Peterstsurgh to London, put into Copenhagen Roads, leaky, having been on shore near Drago, and it is supposed must discharge. The Three Sisters, Davison, from Newfoundland to Halifax, put into Fayal, leaky, and part of the cargo thrown ov,rboard. The Hero, from St. Michael's to Fayal, with lo's of mainmagt. The Osprey, Newborn, from Sunderland to London, put into Wevinhoe, with ten feet water in the hold, having been on the Gunfleet Sand. THE FUNDS.-cTHIS DAY.) CITY, TWELVE O'CLOCK. Singapore papers to the Slst of May, and Quebec to the 17th of November have been received at the North and South American Coffee house. (From the Singapore Papers.) The arrivals of this week have not furnished us with any late intelligence ; dulaess of trade and oppressive wea. ther seem to form the principal topic at present. It cannot be denied that there seldom ever existed in this market such a want of activity, or such a dearth of business as at the present season. As we soon hope to be able to publish the annual statements of the trade, ending the 30th ult., we may then offer some remarks on the probable causes of this deficiency. We are happy to find that the schooner Zephyr has at length proceeded to the east coast, for the purpose of check. ing piratical depredations in that quarter. (From the Quebec Papers.) UrrER C A NADA.—Applications will he made to the Legislature at the ensuing Session, to pass an Act to authorise the establishment of a bank in the town of Lin den, in the Linden district ; also for a charter to establish a bank at St. Catherine's, Magora district; also to peti tion the Legislature for a charter to establish a hank at Coburg, its capital to consist of 200,0001., in shares of 251. each ; also applications to the Legislature to construct railroads and joint.stock companies. The above is a proof of the great improvements which are taking place in Upper Canada. Accounts from Barcelona state that 2,000 of the Car lists of the province of Valencia have united at Alorilla. They are commanded by the priests of Tortosa. A letter from St. Sebastian states—" We are waiting ti,e arrival of General Valdez, who is to replace Stars. field. He is to bring with him 4,000 men, to reinforce General Castagnon and Jaur. gny, when a general attack will take place on the insurgents in Navarre. We have received certain information that Arragon is not tranquil : numerous bands are traversing that country." LY.) purpo 'e l tractio n 'hat cur The teas t h e too ty of SO' funeral, the c 1" led i :......,‘ 11 - na ' es e then' s', l at 0 ,1 ton slab' and for e' aument.o.l, equire very Pr ir i ,rish at, ranee al sre f who t Cour the toP t4 )n, and„ C a tswor , for c h i lYl 'ator for S DAI .erTerm, tb° to-day. IRS. • 0 1 etitloo l I to cbs o , Tation , Honour' ould 51101 Thurgig r s mothh ° d, whir d the 10 1 . imagioe". ping ib s , upon ib ll erm • 6° d should 1 1 st day °` El himself' Junk , RDS COO . ES SCAT ,e:--Tb i Auction he laud' a hill for ly, 18Sf' payment , itinghif n 'dant pt' 'l. of I° ever, •the and on vier vingP were 0° utactie° careleso' Dney vv o bicb was like i 1 spectabl e rlaintitr . robbed 'bora ened sn 1001. tted that to proof the de le did of the moue 'e. WAS $ t for as he jury• :ontend• large of liar bill, his own ;en, as is to make d it was le llama bat war lose his Ind that ',healer, m ordi. arned William endant, riter is oleo Of n 1829 thoonet le pro• Jury, of the chid's, rived a it in) ; chael'e, in the Fie left of 576 prose. pod of le had board Was out of which endant I, and cargo. io WAS care of the horse all the time he was in his possession he, was used in the yeomanry, and sometimes was driven out. Never saw any disease on him at all, and he always fed well. The treatment of the horse by plaintiff was the most likely thing in the world to kill the hone. Joseph Guy was well acquainted with the horse in question. The day after his master (defendant) sold it, he saw it driven very rapidly from the Dover road about nine o'clock in the evening. He had groomed the horse at times, and considered it a very good, sound one. Hen wood, one of plaintiff's witnesses, came to defendant's house, and said the horse bad been overdriven, and the fetlocks were so swollen, that it was thought the pieces must be cut out. Henwood also said he should lose his place through the - horse, as he had recommended it to the plaintiff, Charles Bennett bad been 23 years a veterinary sur geon. Had known the horse all the time lie belonged to defendant, and would have attended him had he been unwell, but he was a bad cuseomer for him, for he never required a single ball all the time. He was ordered to attend the opening of the horse at 3 o'clock ; when he went there at that hour, he found that it had already been done, and was already skinned—he complained of that, and asked to see the lungs. A pair was taken down from amongst thirty others—the knacker's man said these are not what come out of Mr. Perry's Be. The master said they were. They were very bad, but lie ha seen some with the same appearance that had been produced in a month. 'fhe horse to which the longs he saw belonged, if he died on the 10th January, could not possibly have done so much work as journies of fifteen and twenty-one miles, on two separate days, within three w , tka of its death. Had be been driven even at seven miles an hour, he would have dropped down. When a horse came from the grass, it might to go through a course of physic; and it was murdering it to put it to work immediately. This was the case for the defence. Lonostur said it was now proved even by Mr. Bennet, that the disease had existed for a month ; the sale was on the 17th of December, and the death was on the 10th of January, therefore he thought the case clear THE FUNDS. Console, which left off yesterday 88i for the Account, opened at 88i t. By the Lisbon mail we have accounts from that capital of the 3d, and front Oporto of the sth inst. It appears that the contending armies remain in the same positions; and that there is more talk at Lisbon of negotiations going forward than fighting. We announced some days since that Colonel Hare had gone to Miguel's head-quarters. Little doing as yet in the Foreign Funds, except in Por tuguese Stock, which has improved. A dinner was given by Mr. Porter, at his house, Upper Seymour street, at which the Portuguese Ambassador and General Sir Milky Doyle were present. The latter, we understand, has just returned from Lisbon, on a secret mission from Don Pedro and the Queen; be also is com missioned to replace the fine library, splendid plate, and carriages bionging to the Duchess of Braganza, lost some few weeks since off the coast off Portugal. Sir M. Doyle will soon return to Lisbo■ in the fine new steamer just purchased for Donna Maria, which will have on board tour hundred Belgian troops. HALF PAST ONE. Consols, which were in the oily part of the morning at 68fi, may be quoted at present at 88i buyers, for the Account. In the Foreign market, Spanish 231 i ; Por tuguese, 56i 57 ; Dutch, 50 to 1. THREE O'CLOCK. Consols for the Account, Sb. CLOSING PRICES.—FOUR O'CLOCK 2101 D ln i d tt i o a S B t o o n e d k s..... ..... ...... 21 — pm. Bank Stock 3 per Cent. Rect. ..... 3 pet Col, Cons — South Sea Stock 3t per Cent. — Ditto Old Ann B 6k 31 per Cent. Red 96e Ditto New Ann....... New ..ii i per Cent Ex. Bills. 10ut , / 44 pm. 4 per C.c nt 103 1 Ditto 500/ 44 p m Long. Ann. to expire Ditto Small 44 pm Jan.lß6o Oct. 1859 l6 13-16 Consols for Opg Seti Jan. 1860 Ms 3-16 India St. for Opg. His Majesty held a Court on Monday afternoon at the Palace at Brighton, which was attended by the Lord Chancellor, the First Lord of the Treasury, the Post master• General, the Secretaries of State for the Home and Foreign Departments, the Chancellor of the Exche quer, the President of the Board of Control, the Chan cellor of the Duchy of Lancaster, the Paymaster of the Forces, the Secretary at War, the Vice-Chamberlain, the Master of the Horse to the Queen, and the Treasurer of the Household. Viscount Falkland and Sir Hilgrove Turner, were the Lord and Groom in Waiting. The King held a Privy Council, which was attended by the Cabinet Ministers present, and also by the Earl of Belfast, the Earl of Errol, and Sir William Fremantle. Mr. Greville was the Ckrk of the Council in waiting. Parliament was further prorogued from the Uth inst. to the 4th of February, and a Proclamatio❑ was ordered to be issued summoning the Parliament to meet at that time for the despatch of business. _ _ His Majesty gave audiences to Eirl Grey, Viscount Melbourne, the Right Hon. Charles Grant, and Mr. Edward Ellice. _ The Lard Chancellor, Earl Grey, the Duke of Rich mond, Viscounts Melbourne, Palmerston, and Altbnrp, the Right Hon. Charles Grant, Lord John Russell, Lord Holland, and Mr. Edward Ellice, afterwards dined with their Majesties. Mr. Greville, the Clerk of the Council, left the Palace after the Council, and returned to town. The Duchess of Kent and the Princess Victoria walked and drove for some time in Hyde Park yesterday. The Duke of Gloucester honoured the performance at Covent-garden Theatre on Monday evening with his presence. His Royal Highness left Gloucester-house yes terday morning, on a visit to Mr. Pearce, at Chilton-lodge, Berkshire. The Russian Ambassador and the Princess I.ieven left town yesterday morning, on a visit to the Dnke of Welling ton, at Strathfieldsaye. The Lord Chancellor arrived in town yesterday, from Brighton. Departures.—Sir James Graham, yesterday morning, for his seat Netherhy. near Carlisle. The Right Hon. Poulett Thomson, for Manchester. FASHIONABLE INTELLIGENCE. FOREIGN FUNDS. Austrian, 5 per cent Belgian, 5 per cent 95 Brazilian Bonds 66: Buenos Ayres, 6 per cent 20-i Chilian, 6 per cent 23 Columbian, 6 per cent Ditto, 1824 23 Danish Greek, 5 per cent ........... Mexican 5 per Cents, 1825 29 Ditto 6 per Cent.. 1825 ...... Peruvian 6 per Cent 19 Portuguese, 5 per cent 571 Ditto, Reg. Bonds ... 571 Prussian, 5 per cent. Russian Bonds, 5 per cent lii3 Ditto, Metallic 99i Spanish, 5 per cent 2l Ditto, 1823 2l French 5 per Cent.... —f. —c Exchange —f• — ' - c• French :i per Cent —f. —c. Dutch, 2i per cent. 5Ol 1 Ditto, 5 per cent. 941 " Proceedings, we understand," says the War wick Advertiser, " are still in progress a;ainst ce, tain parties for bribery at the labt election in thil borough, to recover penalties to a very large amount, of more than 20,0001. ; notices of declaration have recently been served to that effesM. BRIGHTON, DEC. 10. • The King gave audience to Sir W. Fremantle yesterday► after which his Majesty, accompanied by the Duchess of Gloucester, drove out in a carriage and four in the direc tion of Lewes, and returned to the Palace at 2 o'clock. The King held a Council in the afternoon, which was attended by the Premier, the Lord Chancellor, the Post master-General, the Chancellor of the Exchequer, the Secretary of State for Foreign Affairs,' Lord Holland, Lord John Russell, the Secretary at War, Right Hon. Charles Grant, Sir W. Fremantle, Earl of Belfast, and Mr. C. Greville. They sat at 3 o'clock, and broke up at half-past 4. Messrs. Ellice and C. Greville attended as Clerks of the Council. In the evening their Majesties entertained the following distinguished guests at dinner :—Earl Grey, Lord Holland, Lord Brougham, the Duke of Richmond, Lord Althorp, Lord Palmerston, Lord John Russell, Earl of Belfast, Sir Francis Burdett, Sir W. Fremantle, Mr. Grant, Sir W. Alexander, Miss Fox, Mr. and Lady Augusta Fox, Lieute nant-General Sir George Anson, and Mr. G. Byng. Lord Frederick and Lady Augusta Fitzclarence arrived last evening at the Palace on a visit to their Majesties. Lady and Miss Cotton had the honour of visiting the Duchess of Gloucester yesterday. The following persons of distinctio❑ left their names during. the day for their Majesties:—Marquis and Mar chioness of Chohnondeley, Lady Brougham and Miss Spalding, Lady and Miss Cotton, Sir John Smi!la, and Admiral Monday. COURT CIRCULAR. ARRIVALS. Captain and Lady Elizabeth Fielding, in Sackville-street, from their seat, Lacock Abbey, Chippenham, Wilts; Henry and Lady Augusta Baring, at Thomas's Hotel, Berkeley-square, from Brighton ; Robert Hartopp, Esq., at Symmons's Hotel, St. James's street, from Oxford ; Captain and Mrs. Anderson, in Brook_street, from the Continent ; Mr. and Mrs. J. Hunter, at Raggett's Hotel, Dover-street, from Norfolk; Captain Parkinson, at ditto, from a tour ; Viscount Palmerston, in Stanhope.street, from the Palace, Brighton ; the Earl of Ripon, in Carlton.gardens, from ditto; the Speaker of the House of Commons and Lady Manners Sutton, in Palace-yard, from Waldershare, Kent ; Lord and Lady Wharncliffe, in Curzon. street, from Wortley Hall, near Leeds ; Viscount Mahon, in Albemarle.street, from Hatfield; Colonel J. Hughes, C. 8., from Warwickshire ; the Hon. B. and Mr. Paget, in Curzon. street. DEPARTURES. The Duke of Manchester, from Grosvenor.gate, Park.lane, for his seat, Kimbolton Castle, Huntingdonshire; Lords A. and F. Fitsclarence, for Brighton ; Lord and Lady Lilford, from Great Stanhope-street, for ditto ; Colonel and Mrs. Roch fort and family, and Mrs. Sneyd, from Raggett's Hotel, Dover. street, for Paris; W. Johnson, Esq., from ditto, for Bath; the Marchioness d'Harcourt, from Crawley's Hotel, Albemarle_ street, for Paris ; Captain Harcourt, from ditto, for St. Leo. nard's ; the Earl of Kerry, from Lansdowne House, Berkeley square, for Bowood Park, Wilts; Mr. and Mrs. Littleton Holyoake, from Thomas's Hotel, Berkeley-square, for their seat in Warwickshire; Captain and Mrs. Jones, from Albemarle.. street, for the Continent ; Sir James Graham, for his seat, Netherby, near Carlisle; the Right Hon. Poulett Thomson, for Manchester; Lord John Thynne, for Bath ; Princess Lieven, for Strathfieldsaye ; Colonel Maberly, for ditto; Lord Lisburne, for Cheltenham ; Sir:George Crewe, from Leaming ton, for Calke Abbey, Derbyshire; Lord Ward, from Hinley Hall, V% orcestershire, for Leamington ; General and Madame Sabloukoff, from Mivart's Hotel, for ditto; Hon. Courtenay Boyle, for Bath ; Sir H. Campbell, for ditto ; Lady Brudenell, for Derbyshire. It was rumoured yesterday, in the politica, circles, that the Premier's visit to the Royal Pavilion was for the purpose of submitting the great measure of Church Reform to his Majes•y among other important matters connected with the meeting of Parliament. It is said that the Administration do not mean to affect the right of existing incumbents, except in cases of gross and glaring plurality. There are to be, it is understood, two Bills ou the subjsct. The outline of the plan has been drawn up by the Lord Chancellor, and, according to rumour, it has been generally approved of by his colleagues. Mr. O'Connell has announced that he intends, at the sitting of Parliament, to move for a Committee relative to the speeches of Baron Smith, which have quite annoyed the Agitator. GAMBLING -HOUSES.—The audacity of the proprietors of gambling-houses in St. James's parish exceeds all bounds. Three of these sinks of vice and fraud, in one street and near each other, lately opened, have im mense ornamental lamps at their front door to light the thoughtless passengers to their - ruin. The annual plunder at these places is immense, and yet nothing effectual bas been done to suppress the evil. They are constantly open without reserve for the admission of characters of every description, front the Peer to the pickpocket. An express has arrived at "Chandos House, with intelligence of the dissolution of Prince Nicholas Esterhazy de Galantha (father of the Austrian Ambassa dor), on the 25th ult., at Vienna, in his 68th year. This event, which was not who ly unexpected, will occasion the almost immediate return of his Excellency to Vienna The late Prince, at one period one of the richest subjects in Europe, was descended from an illustrious Hungarian fa intly. Buolas d'Es'oros obtained, in 1421, the Lordship of Galantha, in Presburg, by ordinances of the Emperor Sigismund. Francis, his great grandson, was the common ancestor of the Esterhazy family. Count Paul, Palatine of Hungary, was crewed by the Emperor Leopold 1., the 7th of December, 1687, Prince of the Empire; and by diploma of July 11, 1783, this dignity was extended to the descendants of his grandson, Nicholas. The honours of the late Prince Nicholas were those of Prince d'Este, Count d'Edelstetten, Hereditary Prince of Forchtenstein, Privy Councillor to his Imperial Majesty, Field-Marshal and Colonel-in -Chief of the 32d Regiment of Hungarian infantry, and Captain of the Garde Royale. The choice Tokay wine is made from the fruitful principality of Prince Esrerhazy, upon whose estates are the largest flocks of sheep in Europe. His MAJESTY'S PACKET THE FLAMER, WEvatouTra.—ln our journal of yesterday we gave the particulars of the melancholy accident which had nearly terminated in the loss of the above vessel. We have since received the following particulars from our correspondent : —" Early on the morning of Saturday the Casket lights were s. en, and soon after the wind shifting to the south ward, with a heavy squall and a tremendous sea, the power of the 'met was found to be of no avail. She made lee way for upwards of six hours, when it was sup posed she hal drifted half way back. About one o'clock the waves ran mountains high, when a sea struck her on the larboard side, carried away her boat, which was lifted to the height of the chimney, and falling on deck before it was washed away, may in a great degree have occasioned the accidents to the men. Some of them, who have crossed the Channel every month for 20 years, declare they never experienced was a sea. The poor remaining sufferers are in a very precarious state. Joseph Beal died last night about 12 o'cieck."..-212-orning Paper. LITE RATURE. GALE MIDDLETON, 3 VoLs. LONDON', 1833. Mr. Horace Smith has acted wisely in giving up the historical and romantic, for the domestic, novel. He has not sufficient fancy or enthusiasm for the c hivalrous—hence his cavaliers and feudal barons, and gallant squires, and high-born dames have all proved failures, at least when brought into c omparison—which it was impossible not to do—with those of Scott. We remember the feelings of disappointment with which we read his first ambitious tale of" Brambletye House." There was no unfamiliar acquaintance with the times it portrayed ; costume, character, description, in cident—each and all was plausible enough ; but the Unagination—the soul which should breathe Hire into the work, was wholly wanting. It was besides modelled upon the imitative, and sitting upon her throne with a bald pate! ! Even the inebriated Sir Matthew seemed by his stolid and bewildered stare to be struck aghast at this unexpected apparition of t bare scalp; but, as he discovered the cause of the phe nomenon, he exclaimed—' Hey, what ? little scull, big body—like a turnip on a sack of—Hick, hick, hick Ha, ha, ha !' " The age of chivalry bath not altogether passed away. An indignant cry of—' Knock him down !' burst from the Knights and Cavaliers who had witnessed this inexplicable outrage, and several of dime who surrounded the offender prepared to obey the summons ; hut the object of their wrath, always as bold in spirit as he was powerful in body, and now inflamed by the vinous valour that delights in a scuffle, no sooner perceived their intention, than he br, , n dished his violin as a weapon of defence, and whirled it round him with a sudden and vehement swing which . . . in every other page, we were reminded of the Paradist of the " Rejected Addresses." The same objection applied to the " Torr Hill," which, however, being of a melodramatic nature, and fertile in surprises, found favour with the watering-place class of novel readers. Fortunately for Mr. Smith's reputation, he has here hit on a theme which he is every way qualified to succeed in. " Gale Middleton" is a tale of the bustling world about us; its incidents for the most part are of a homely, every-day cast, and though here and there it borders on caricature, yet it has truth for its foundation, and enforces a valuable moral. The Old City Baronet, the most prominent character in the novel, is evidently its author's favourite, for he has worked it up with surprising care ; in deed, so much so, as to give it in places, rather a stiff, elaborate air. It is no por trait of the citizen of the present day—the rough edges of whose character the prevalent tone of modern society has wholly rubbed off—but of the age immediately preceding it, when the Sir Matthew or the Sir Mark of the counting-house had not yet began to ambition the gentilities. The reader must be careful to bear this in mind, otherwise he will be perpetually shocked by glaring violations of probability. Sir Matthew Middleton is most likely the last full-length we shall ever have of a class of rich, bluff, jolly citizens, now all but extinct. As such, we wel come it as a serviceable addition to our literary stores, and should have been still more pleased with it, had it been underplayed—to borrow a dramatic term—instead of exhibiting, in every scene, such a prodigious desire to make all the points tell. A less prominent, but far better sustained character than the city Baronet, is the retired, cynical old tradesman Norberry, who, having been once unfortunate in business, ima gines, in his country seclusion, that every one looks on him with contempt. This character is manifestly a portrait from life, and is drawn with ready facility. As for the hero, Gale Middleton, he is a dreaming visionary, such as one reads of, but seldom meets with in life. From one or two peculiar traits, we suspect that the poet Shelley was in the author's mind when he penned this character. But the greatest merit of Gale Middleton is the conduct of its plot, which, though very complicated, is unravelled with singular dexterity. As a specimen of Mr. Smith's comic humour, we extract the follow ing, which, in its breadth and richness, will re mind the reader of Theodore Hook. Lady Middleton, we should premise, has just suc ceeded in giving her first fashionable entertain ment, which is interrupted by the unexpected appearance of her husband and some common councilmen, who have come home drunk from a wardrnote dinner We have recorded that Sir Matthew had engaged a party of C o mmon-councilmen to dine with him at the London Tavern, all of whom were as unflinching topers as himself. At a late hour of the night some of these revellers were still at table, and still calling for fresh bottles, or shouting bacchanalian songs, when, upon a proposal being made that some devilled turkey should be ordered for supper, Sir Matthew ejaculated—' Hey, what ? —do you want some—hick !—supper I mean. Lots to be had at my house. Meg has got the platter-faced Duchess, and a set of scarecrow Countesses to listen to— hick !—tweedle dum twee, and squally-wally. More fool she mind : can't make a silken sow of a purse's ear. Tell 'ee what, lads. 'Spose we tumble in upon 'ens and help 'em to—hick ! finish the—hick !—capital fun ! frighten plater-face and the scrags of mutton out of s'oeir wits. Hick, hick, hick ! Ha, ha, ha!' " For an enterprise that was to begin with a wild frolic and end with a supper and champagne bit auditors, who were still more intoxicated than himself, were exactly in cue, and they accordingly received it with a shout of as• sent. Sir Matthew, scarcely able to stand, less, however, from ebriety than from his chuckling laughter, as be thought of the astonishment which his unexpected ap• pe trance would eveite, invested himself in his alderman's gown ; his companions put on their robes ; and the whole party reeled into a hackney-coach, shrieking a verse of ono of their standard bacchanalian conga— ., . What's life but a frolic, a song, and a laugh, My toast shall be this, while I've liquor to quaff; MA) , mirth and good fellowship always abound, Boys, all up a bumper, and let it go round.' ee On descending from their vehicle in Portland-place, they found lying on the hall table some of the instruments belonging to the performers, when each, ' for madness ruled the hour,' the motion of the coach having completed the intoxication of the whole party, imitated the example of Sir Matthew, by snatching up a fiddle, followed him to the door of the supper-room, and burst into the midst of the assemblage, all scraping their violins in a dissonant screech, and yelling in chorus— " Boy. fill up a bumper, and let it g o round.' " the belief ' of 'nary of the guests that this uncouth and boisterous pageant constituted a portion of the night's entertainment, and that the performers were destined to enact some sp ec i es o f masque, the first cries and faint screams of the f em ales were rather indicative of surprise than dismay ; w hil e t h e rest preserved silence, in order to gather, it po ss ibl e , the meaning of the scene. Meanwhile Sir Matthew, still plying his screeching fiddle and hic coughing his bacchanalian chorus, advanced to the head of the table, and, fixing his fuddled grapy eye upon her Grace of Harrowgate, stammered out—. What, hey, are you the , moon-faced Duchess ?—hick ! very gla d to see— no—ar n't glad at all—not my doing—all Meg's—hick ! But now you're come I'll give 'ee a buss, not—notwith— notwithstand—hick !' " The fir s t person t h at seeme d to comprehend S!r Mat thew's real plight, was the Honourable August us Fortescue Sidney Clav er i ng, a spr i g o f no bili t y and a cornet of dra goons, who, after peering at him through a j ewelled eye glass, ejacul a t e d w i th a di staste f u l look, and in an effe rni nate lisping Ath I hope to 1 w thaved ! the nathty fellow 'th h e a t litly drunk !' This had a lread y been disco vered to be the case with the Baronet's companions, who, in the fond, maudlin blindness of intoxication, had offered to salute some of the mummy-like dowagers, and rouged scraggy Countesses, occasioning a shrieking, dismay, and confusion, which it would be difficult to describe. In the midst o f this hubbub the reeling Alderman put his auda cious arm round the fat throat of the Duchess, and at tempted to sal ute h er c h ee k, when her Gr ace, stru gg lin g to avoid the i n di gn i ty, esca ped from the em brace, leavin g in his arm not on l y h er toque and its sp lendid ornaments, hut the entire wig that concealed the rava g es of time upon ber head. " Heavens an d eart h ! was ever suc h a p rofanation known? The dictatress of the haut ton; the queen of fashion, the autocratrix of the exclusives and the inacces i giblets, to be thus exhibited to the elite of her subjects, :: l / /1 brought its extremity in collision with the scull of the Honourable Augustus Foriesrue Sydney Clavering. Th e hollow sound that ensued, might have proceeded either from the instrument, or from the cranium upon which it impinged ; but the effects upon the respective vacua were very different. With a lugubrious groan, the smashed violin breathe.l its last upon the spot, while the unwounded Cornet merely measured his length upon the floor, bc. holding an incalculable number of additional lights, and ejaculating 'Oh the Chocking, thanguinary thavage ! Thave me ! thave me ! I am quite thure he bath thplit my thcull !' He had nothing further, however, to ap prehend from his assailant, for Sir Matthew having over reached himself in the blow, tumbled beside his prostrate victim, and was utterly unable to rise again from t he floor. " In other quarters of the room two or thr e e of the commoncouncil-men, not less pugnacious than the; r leader, struggled and fought with those who endeav oured to secure them ; but they were forcibly expelled, and their companions fairly carried out of the apartment in the simultaneous rush which swept the whole assemblage rapidly into the hall, and dispersed them in search of their respective carriages, amid hysterical cries, and indignant ex•cra'ions, and vociferous orders, and clamorous footmen, and swearing coachmen, and a general confusion, such as had never before been witnessed in the respectable and well regulated purlieus of Portland-place. Either on foot or in carriages, for the withdrawing of the visitants rather resembled a aisorderly flight than an ordinary dispersion. the whole of the fashionables had presently betaken them selves to more appropriate haunts, leaving the scene of r,cent uproar to a melancholy tranquillity. Although the Duchess, by the assistance of some of her friends, bad almost instantly reestablished herself in her toque and peruke, she was too much mortified by the exposure she had suffered, and her apprehension of the ridicule which would be entailed upon her by Tom Rashleigh's satirical muse, to proceed to any other party ; and she accordingly returned home in a most splenetic mood, vexed beyond all measure that she should have subjected herself to so much humilia tion and annoyance, and yet not have succeeded in procuring the desiderated husband for Miss Borradaile." ILLUSTRATIONS OF POLITICAL ECONOMY. No. 23. THE THREE AGES. This is called a tale on its cover, hut We are at a loss to see what qualifications it has to the isle. It consists of three separate pictures of ,he kind of Government we possessed, and the most crying abuses, at three different periods, the reign of Henry the Eighth, the reign of Charles the Second, and of William the Fourth. We do not say that there are not many striking passages in the three pictures, but certainly had the volume before us been No. I of Miss Mar tineau's Illustrations, we should never have seen No. 23. We have been especially pleased with her sketch of the character of Charles the S cond. Her vigorous understanding has not for a moment suffered itself to be diverted from the exposure of his profligate follies, because, for sooth, he was good-natured. Why he was ever called the Merry Monarch, except by court pimps and poets laureat, we could never imagine, for he was a sad enough Monarch for England. The following contrasts admirably with Scott's Tory fiction of the "Merry Monarch :" " Edmund managed so well to put himself in the way of being observed while Palmer made his inquiries, that both were summoned on board the yacht. The clergy- man looked so unlike anybody that the lords arid gentle men within had commonly to do with, that he was not allowed to remain behind. They seemed to have some curiosity to see whether a Presbyterian parson could eat like other men, for they pressed him to sit down to table with them,—a table steaming with the good meats which had been furnished from the kitchen boar, which always followed in the rear• of the yacht. Dr. Reede simply oh• served that it was a fast day ; and could pot be made to perceive that being on the water and in high company absolved him from the observances of the day. Every body else seemed of a different opinion ; for, not content with the waill regale of fine music which attended the royal excursions, the lords and gentlemen present had made the fiddlers drunk, and set them in that state to sing all the foul songs with which their professional me• movies could furnish them. Abundance of punch was preparing, and there was some Canary of incomparable goodness which had been carried to and from the Indies. Two of the company were too deeply interested in what they were about to care for either music or Canary at the moment. Charles and the Duke of Ormond were rat tling the dice-box, having staked 1,0001. on the cast. It was of some consequence to the King to win it, as he bad, since morning, lost 23,0001. in bets with the Duke of York and others about the sailing match which they had carried on while the rest of the nation were at church, deprecating God's judgments. " Having lost his 1,0001., he turned gaily to the stran gers, as if expecting some new amusement from them. He made a sign to Edmund (whom be knew in virtue of his cffiee). that he would hold discourse with him presently in private, and then asked Dr. Reede what the clergy had discovered of the reasons for the heavy judgment with which the kingdom was afflicted. " Dr. Reede believed the clergy were more anxious to obtain God's mercy than to account for his judgments. " You are deceived, friend. Our Rev. Dean of Windsor has been preaching that it is our supineness in leaving the heads of the regicides on their shoulders that has brought these visitations on our people. He discoursed largely of the matter of the Gibeonites, and exhorted us to quirk vengeance.' " Dr. Reede could not remember any text which taught that wreaking vengeance on man was the way to propitiate God. He could not suppose that this disartrous defeat abroad would have been averted by butchering the regicides in celebration of the King's marriage as had been proposed. " The King had not yet bad time to comprehend the news of this defeat. On hearing of it, Le seemed in a transient state of consternation ; marvelled, as his subjects were wont to do, what was to become of the kingdom at this rate; and signified his wish to be left with the mes senger, the Duke of York alone remaining to help him to collect all the particulars. The company accordingly wi hdrew to curse the enemy, wonder who was killed and who wounded, and straightway amuse themselves, the ladies with the dice-box, the gentlemen with betting on their play, and all with the fears of a juggler of rare ac compishments, who was at present under the patronage of one of the King's favourites. " When Palmer bad told his story and was dismissed, Edmund was called in, and, at his own request, was attended by his brother-in-law,—the discreet gentleman of excellent learning, who might aid the project to be now discoursed tf. The King did ; at length, look grave. He supposed Edmund knew the purpose for which his pre• sence was required. " To receive his Highness the Duke's pleasure re specting the navy accounts that are to be laid before Parliament. ' " • That is my brother's affair,' replied the King. I desire from you,—your parts having been well commended to me,—some discreet composure which shall bring our Government into less disfavour with our people than it bath been of late.' " • • • • • " Dr. Reede, as usual, spoke his thought.. The people, tieing aware what sums had within a few months fal en into the royal treasury, would be slow to suppi,se that their King was in want of necessary clothing. ‘.. What! the present to the Queen from the Lord Mayor and Aldermen ? Tuat was but a paltry thousand pounds.' " Dr. Reede could not let it be supposed that any one expected the King to benefit by gifts to his Queen. " Charles lurked up hastily to is e if this was in. tended as a reproach, for he had, indeed, appropriated every thing that he could lay his bands on of wrist Iris dutiful subjects bad offered to his Queen, as a compliment o❑ her marriage. The clergyman looked innocent, ar.d the King went on,— " And as fur her portiones...twenty such portions would Mr. Robert Owen, of Hackney-road, who was summoned with many others before the Magistrates, having successfully resisted an alleged illegal church rate, sought to be levied for the payment of the Rector's salary, instead of the repairs of the church, has been selected by the Church , vardens, and c;ted before the Ecclesiastical Court for the same rate. Mr. Owen has determined to try the question singly, and has appeared in person before the Court with the intention o conducting the case himself. coniepience a numerous meeting of the inhabi tants of the parish was called on Monday last, the 9th instant, at the Camden Head Tavern, Bethna!- green-road, to support him in his intention. Mr. SAvAGF: was called to the Chair. Mr. OWEN addressed the meeting, and pointed out the illegal and unprincipled nature of the rate sought to be levied, that out of 900/. collected in the name of a church rate only about 20/. was de voted to the lawful repairs of the church, the rest being expended in payment of 4001. a year to the Rector, the conducting of public worship in the new church, otherwise provided for, and other similar purposes ; and though he would do so at a risk of upwards of 70/. expense, he was determined to try the question and pot an end to it, at the same time he was confident he would be supported by his fellow-parishioners; but whether or not, he would try it.—(Great cheers.) Mr. SllEvux, Mr. WALTON, and several other respectable parishioners addressed the meeting, con demning the rate, and expressing a determina6on to support Mr. Owen, who stood forward at great risk in defence of a great public principle. Several re ,iolutions were unanimously adopted, strongly con demnatory of the illegal church rate, the vexatious conduct of the Churchwardens, and expressing a determination to support Mr. Owen in trying the question. A Committee was formed to receive subscriptions, and a handsome subscription entered into on the spot. The unanimous thanks of the meeting were given to Mr. Owen for the manly stand made on the question. _ _ - The strongest feeling of disgust was evinced by this numerous meeting against the attempt to levy an illegal rate, and a firm determination expressed of trying the question. From a repeated delay in the suit sought by the Churchwardens, it is much suspected that they hesitate to proceed, and only mean the citation as a threat to induce timorous parishioners to go on paying the rate; they are, however, disappointed. furnish , I „ Anil there is my sister% p o Prince of Orleans soon to be- pa:d. If the people hut take the view we would have them take of our affairs at home and abroad, we should not have to borrow of France, and want cou ,ige to t e ll our f a ithful subjects that we had done so.' " Edmund would do his best to give them the desired opin;ons. Dr. R ee d e thought it a pity they could not b? by the King's sid e ,— a y e , now on board this very boat to enderstand and share the King's views, and thus justify the Government. As a burst of admiration at some o f the juggler's tricks made itself heard in the cabin at the very moment this was said, the King again looked up to see whether satire was intended. Edmund supposed that one object of his projee i teil pamphlet was to communicate gently the fact of a secret loan of 200,000 cromns from France, designed fur the support of the war in Portugal, hut so immediately swal lowed up at home that it appeared to have answered no snore purpose than a loin of so many pebbles, whi'e it had subj-cted ihe nation to a degredation which the people mould not have voluntarily incurred. This communicas •ion was indeed to be a part of Edmund's task ; but there :vas a more important one still to be made. It could not now long remain R secret that Dunkirk was in the hands of the French " Dunkirk taken by the French !' exclaimed Dr. Teede, not crediting what he beard. We are lost, indeed, if the French make azgre , sinns like this.' " Patience, brother !' whispered Edmund. ' There is no aggression in the case. The matter is arranged by mutual agreement.' " Dr. Reede looked perplexed, till the Duke carelessly toll him that Dunki r k hod been 50141 to the French King. was a pity the nation must know the fact. They would not like it. " 4 Like it ! Dunkirk sold ! Whose property wa, Dunkirk V asked Dr. Recde, reverting to the time when o:iver's acquisition of Dunkirk was celebrated as a nations! triumph." CHURCH RATES. MEETING OF PARISHIONERS OF ST. MATTHEW, BETHNAL- GREEN A MAN SHOT BY A POLICEMAN. On Monday an inqUest WWI held at the George Inn, Watton, Herts, on the body of James Shepherd, a labour ing man, who was shot by Robert Piercy, a constable of the Westminster division of the metropolitan police force, who had been specially sworn in to protect the inhabitants of Watton and the hundred of Broadwater against incen diaries, poachers, and other bad characters. The case had excited the most intense interest. Sarah Watts lived op posite to the spot where the occurrence took place. About a quarter past ten o'clock on Saturday night she was it, her house, and from the window saw the deceased and the policeman standing together in the street. She heard the latter say to the deceased, " Well, my man, who are you?" He replied, " What odds does it make to you? You are the very man I wanted to see. I have been in formed that you threatened to kill me." The policeman said, " Who are you? I don't know you ; I don't know that I ever saw you before. Come to the light, an then I shall see whether I do know you or not." The policeman then went to the gate of Mr. Mo ginie's house close by, and asked him for a light. Mr. Moginie brought one, but it went out. The policeman asked him if he knew the deceased, to which he replied that he did, and that his name was James Shepherd. The policeman then told the deceased to go home like a good fellow, and go to bed which he peremp torily refused to do, saying be would not go home fur any man. About an hour afterwards she saw them together at the same spot. The policeman was still endeavouring to persuade him to go home, but the deceased still refused to do so He swore very much, and said to the policeman, " You shall either kill me or I will kill von, for this night I will die in the road." He had a large stick in his hand, similar to the one produced. Sne was about ten yards from the spot. The deceased had hold of the smallest end of the stick. He struck it against Mr. DlOginte's premises, and said to the piliceman, " I am as good a man as you, only when I knocked old Squire down these steps" (alluding to an ash sault, for which be had been indicted, and suffered six months imprisonment sometime since). He then collared the policeman, and held the stick up at him, and told him he would bit him with it, but she did not see him Strike. The policeman then caught hold of him, and three times desired him to leave go his hold of him. He said, " will not; I will die this night or you shall." She then went into her house, and in about a quarter of an hour afterwards heard the report of a pistol, upon which she went into the street, when she saw the deceased lying near the same spot where she had before seen him with the po liceman. She saw blood upon his face. The policeman was there, and some persons came up, one of whom in quired who hail shot the deceased ; upon which the !whee l:tin said, " 1 did." Sione of the persons collected asked the policeman what he did it for ? and he replied, " I was in danger of my lite." Joseph Moginie, grocer, was then called, and stated that about half.paat ten o'clock, when he came up, the deceased was swearing very much, and said, •' I will either kill or be killed, and that is all about it." The po iceman was perfectly sober, but the deceased did not appear to be so. The policeman was very mild and calm, and endeavoured to persuade him to go home. When witness came out to assist the policeman he had a pistol in his hand, and was using very mild words to persuade the deceased to leave go of hint and go house. He said, I do not care for the pistol ; I will either kill or be killed." Williatn Thompson, of Welwyn G rove ; Willirina Taylor, of Watton, surgeon ; George 111,,Iden, labourer ; James South, latmuter at Elizabet h a L b a o w l Lawrence, i v r e t n . t t c t a i e n t l; tn a .. Mercer, bilieyaunohioWl emit!iellYticouf constable, :n t a s h r t e a r. l.nn corroborated ; rd " t c h i e s TVieierddicect—easjedg"la a Beaumont Citue, the notorious Bedfordshire poacher, di il in gaol on Sunday. Tins old offender bad been upwards of 30 times imprisoned for offences under the game laws. He used to boast of his avoratiou, and has been frequently heard to express a wish that he might die in gaol. At the time of his death he was under ton. fine nen: fur disorderly conduct is t!,eparista workliguee. ritness artner It was Mr. then. otters The