The Sun. — London, England, 1830-12-01 00:00:00

sent be reformed." The enemy is ever watch• tut, and may prove an overmatch for the most virtuous Government; or at least may expose the public cause to a very :difficult and needless struggle, by leaving it to be defended by the unsustained and isolated efforts of its official friends. Now is the time to co-operate with the Government for an ols. ject which is equally valuable to it and to the people. When the old retainers of t close bo rough and corporation system see,—thosgh we trust they are not destined to rejoice at such a spectacle, —but if they should discover the least symptom of apparent apathy in the mind of the nation towards Reform, we may be sure that a fatal use will he made them of a circumstance so disgraceful to the country. " You are volunteers," they may say to Ministers—" you are busy, meddling, efficious in truders upon this occasion. What proof can you bring that the King's subjects are desirous of any change in the constitution of Parliament ? Where are your public meetings ?—where your peti tions ? Why is not the table loaded,' as it would be if the people felt the slightest concern in this matter ? They neither meet, nor murmur, nor remonstrate ; so that time Duke of Wellington was right after all, when he said there must be no Re form." Such, and not a, whit less outrageous than this, will be the conclusions of the virtual represen' 'wive party, against th e, existence of any necessity tar Reform, unless the-people speak out, and show that the Ministers who have pledged themselves to accomplish it, have but echoed the public voice, while the supporters of abuse, which has the merit of. being inveterate, were In utter discord with it:— We trust there is not a county, town, or village in the United Kingdom, which will not meet ant peti tion for a Reform in Parliament. The defeat or triumph of the cause may turn upon the national , unanimity and energy.-7nses. Lord Wynford submitted last night to the House of Lords, a Bill to diminish the expence and (Hays of Courts of Justice. His Lordship observed, that the pleadings were of no earthly use in affording information with regard to the cause of action. So sweeping a condemnation of our technical :proce dure, from a retired Judge, is one of the wonders of the age we live in. He proposes that, in the outset, ' the parties shall know fully their respective cases; as " if every suit of each party was disclosed before ,hand, ho was convinced that, in nine cases out of ten, the parties would be advised not to •go on." We 'like the tone of the speech, which reflects honour on this Judge.—Morning Chronicle. Of all the attempts at mystification aver made in this credulous country, we know of none more glaringly absurd than that which has been again and pin merle in both Houses of Parliament, namely, the attempt to persuade the world that the peasantry of the land, as Sir Edward Knatchbull termed Jima, have nothing to do : with the fires throtighout the country. We can easily conceive that the country gentlemen of England, who have made it their constant boast, that to their,residence on their estates we are indebted fur advantages possessed by no other country ; and who have even urged in Parliament as a reason for continuing the Game Laws, that without them England could not ex, pect to possess this inestimable advamage—should feel somewhat mortified at so irrefragable a proof of the rancorous feelings of the labouring classes in the country towards their superiors. Again and again have we heard from them that the town population. might be disaffected, but the agricultural population was sound. The Rev. Mr. Jirereton, Rector of Little Massingham,,in Norfolk, first drew attention, in a pointed manner, to the falsity of the opinion, that the rural population were generally better effected than the town population. He soon learned from experience, that time population of the country were almost universally discontented, and that the contrast between them and the inhabitants of towns in respect of morals, was greatly in favour of the latter. The delusion, however, is now confined to those %who take their ideas of rural life from old re. mimeos, it may be worth while to copy' at this time from Mr. Brereton'is first pamphlet, the con. dition of the agricultural labourer in that county, in which time labourers have long been the most skilful : " English able. bodied paupers (says the Rev. Gentle man) must be classed es to their condition with the Afri can negro, the Arabian shave, or the Russian peasant in vassalage. The degree of slavery may vary with time nature of the law, the customs of the country, the force of public opinion, or time character of the roaster; but the principle is the iourie, Wherever the labourers heve not the free power of selling their Own Idionr. The lsw of 'mettle. meet in England atteches a WWI, number of labeutors to a csrtsin district of time country, and the proprietors and oceupiers of Wei have the power of regulating. the work and wages of those labourers--ter, to state the casS in a more simple form, a country gentleman is the pro prietor of tome of those divisions of the county which we cell parishes. Pita is put in the ceennission of the peace. fie is the occupier of all the property in the pariah. A certain number of agricultural labourers ore attached to the soil by the tats of settlement. Tables ale filmed, by computation 4 of iireamtip to fix time Nedetiliary Maintounce of all the flunilleit, and all the in mates of time families in this village. As proprietor anti occupier of the soil, this gentleman requires the !demur of these peasants. He offers them the work at his own price; they refuse to accept it, as being below time reel and customary value. They then apply to this gentleman cs overseer, who refusea them relief because they refuse to work. They then apply to this same personage as' ma gietrate for relief, and he, invested with the unheard-of powers of time magistracy, sends them to prison, for refus ing to do the work. The only difference between the eertwhip and the treadwhcel is this, that the poor man with five or six children may remove ; but whither is he to go, with the law of removal and settlement staring him in the face ? Hew does this gehtleroan differ from a West India planter?. How does his estate differ from a sugar plantation ? Or what in point of pried* is the difference between the peepers, time negro, the elm% or the vassal ?" That in this condition the peasantry_ 'haul:! be ' ripe for outrage, tiny even insurrection, can aurprise no one. Mr. Iltereton remarks, with reference to the insurrection of Wat Tyler, Ike, that " We have bad in the nineteenth century iesurrectione and reports of insurrections among the peasantry, arising from similar causes, though not dirented with the same in tilliglittem and good sense. A few years ago some of the peasantry in this county attacked the house of a Magi*. trate, end committed other acts of violence, in cones. quince, I believe, of some misunderstanding respecting the modern setni4eudal regulations fur their maintenance. Three olthe Utifottittlitt4 urea ware executed at 'Norwich. I happened to attend them in their condemned rill, with time We worthy . Chaplain of Norwich Castle. Their ben slate wdmi j us t , fur t i ny WIMP of great Violeage; . at that tune, though I was then unacquainted with the nature of rural regulation's, I felt, in common with the misguided **for than depr' e ved Chaplain, that they were slam I can flow undaratend bow they fel( a Ne ee tfi e a, as much to a mistaken interferoce witfm theirlibertleieand *netts, as to evil passions or abandeneal lives." Magisterial interference has boon the cause of most of the demoralization of our agricultural :pa pulatimo Without time interference of busy, med. sling Magistrates, we eillinOt conceive how the po pulation should have become so reduedatit in Most of the agricultural districts. Generully speaking, wages have always been considerably higher in Eile. land than in Scotland. 'At present, even in Berk , ' shire, Oushingbamshire, Wiltshire, Sutotex, the very won't counties of Eoglatill, wages are higher than it Scotland. But the Scots:Wien its a free Writ, end the Englishmen is a slave. tie has beets so con- stoutly interfered with by all manner of functien aries, that he attributes all the cella be suffers to his aunerims, The- Attempt to raise wages .wbere,ver the population is redundant will assuredly fail. A - cerrespondent from the Weald of Kent gives tr, mm curious instance of an -attempt of a Clerical Mag 4. trace to raise wages to two shillings, which recoiled tat himself as tithe-bolder, the ferment employing only the labourers they wanted, and throwing the rest on the pariah. :No legislation can produce army other result, hlc impossible to melte a farmer em ploy more, halide than he requires. That the out. tutted are the . fruit of the hatred borne, by the itt,. b a „ ren , to their superiors Coburn be -doubted. This ji a lamentelmie stator of things, sin doubt;: but the mi d i must be told.. Time insurance Mete, which have such a deep interest in getting met the truth, tree quite satisfied that the fires are the work of the pea santry. In the following Paper, issued by the County Fire Office, tve have the practical know ledge of the Directors of that body, which leaves not a shadow of doubt as to the fact that the evil doers are in the neighbout hood of the fires " The 'assassin-like spirit of destroying property, by se cret firing, has continued and increased to an extent which is disgraceful to tLe name and character of Englishmen. The little exertion which has been, until lately, used to detect incendiaries, has encouraged them ; and it is much to be feared that they will not lay aside their malignant gratifications, until many examples of the severest ven geance of tl e law have destroyed their confidence in im punity, said have filled them wilt the expectation that death will be the consequence of their crimes. • " The detection of these diabolical miscreants ought to be the constant aim of every honest farming man. They are his worst enemies—by the destruction of corn, they increa'e the price of his bread—by consuming the farmer's property, they disable him from giving employment—by their secret and cowardly vengeance, they cast a Stain on the character of the peasantry, which deprives them of that sympathy from others which their real sufferings would otherwise ensure. The great rewards now offered for a discovery would secure a competence to any man who should, by watchfulness and sagacity; be so fortunate as to detect one of the miscreants. " The stories which are in circulation about chemical compositions, and strangers' of genteel appearance being observed, are, in general, false and visionary, and tend to lead persons off from a reasonable line of investigation. In all the cases which have come under the inquiries of the County Fire Office—and they have been very numerous— there has been a moral conviction that the evil-doers have been living in the immediate neighbourhoods of the firer, 'and were of the loWest class--thieves, poachers, loose idle fellows—WhoM no one would employ if be could help it— 'men whe have improved in the art of doing mischief in gaols---some; - under a spirit Of revenge for a supposed in jury ; others, apparently, from no other motive than hatred toward the possessors of large property. A few caws have eecorred in which women,, and even children, have been Found capable of committing these acts. " Whenever an incendiary fire occurs, the houses or haunts of persons who are 'objects of suspicion should be . gone to: and an examination be Made, if possiLle, whether . ' they have - any phosphorus bottle, gun powder, touch-paper, of turpentine, about them; and inquiry should Le made where they have been for some time previously. If not present, their return should be watched, when they should be immediately eta mined. No incendiary fire should. be suffered to pass over without en active inquiry—spmetbiog in the man ner of Of a coroner's inquest, All persons nearest to it, at the time of its breaking out, should be invited•to come for ward, and tell all they know—ienocent people would do so without fear; and the incendiary would fear tnditein guish himself, by' staying away—and, offering himself for examination, an' acute examiner, not adopting the- foolish practice of cautioning the culprit against speaking the truth, would be very likely to discover the truth. Sus.; piciaus persons, lurking near ricks or .barns with out any apparent good reason, should be stopped, and ►earthed for combustibles—an honest man will not object to this in these times. Some little expense, in payment* to deponents for loss of time, And some for collecting and inimiting evidence, will he necessary,; and the time and determination of the Magistrates must be put in requisi tion, to give effect to these inquiries; but these are times in which sacrifices and exertions must he made by all who ,►would avert greater evils than those which we are now suffering." _ _ _ Such is the working of our boasted Rural Insti tutions. Every parish contains gangs of thieves, poachers, and other vagabonds, ready for all sorts of mischief.—Morning Chronicle. LAW INTELLIGENCE, ROLLS' COURT, Nor. 30. WINCIIELSEA V. GARRETY. This was a petition for the purpose of obtaining a direction for the Master to review his report, and pursue his inquiries directed under a former order. The case arose out of the will of the late Duke of Roxburgh, who had devised, to trustees, for the benefit of certain individuals, all his Scotch estates, and also certain real estates which he had died seised of in England ; the validity, however, of this will, had been contested by • Ladies Mary stud Essex Kerr, the sisters and heirs at law of that nobleman. The only real estate in England consisted of a house in St. James's-square, to recover possession of which tke heirs-at-law had commenced an action of eject ' ment against the devisees under the Duke's It had subsequently been agreed that the house Should be sold, and the proceeds invested for the benefit of the successful party in the bank of Messrs. Coutts and Co. The devisees of the Doke of Rox burgh, and the residuary levees or the Ladies Kerr (both of whoM had died), agreed to compromise the matter by dividing the invested fund, which, by accumulation, lied amounted to between 30,0001. said 40,000/. To this, application had been made to. receive the sanction of the Court, and it had accordingly been referred to the Master to report whether the compromise would be advantageous to all parties concerned. Subsequent disputes, how ; ever, having arisen, Sir Robert Vaughan, one of the residuary legatees of the Ladies Kerr, was induced to withdraw his consent to the compromise that laid been proposed, and the Master having refused, in consequence of this withdrawal, to proceed with his report, the petition prayed that he might be directed so to do, Ills ilosoun'said he could make no such direc tion, and that even had the Mister reported under the order that the compromise would le to the advantage of .all persons interested, he (the Muster of the Rolls) should not confirm that report, be. cause it was obviously to the disadvantage of the sesiduary legatees. In the course of proceedings an issue devisavit vel rum had been directed by the Court for the purpose of trying the validity of the Duke of Roxburgh's w ill. The J u ry had found in favour of the will, and upon application a new trial had been granted, in which a similar verdict was returned. Another ap plication was made, when his Honour expressed himself extremely dissatisfied with the verdict, and a. third trial wait directed. From that order an ap peal had been made to the Lord Chancellor, by whom the order was confirmed. His lIONOTIR remarked, that he had conversed with the Learned Judge who had tried the issue, and he had no doubt whatever that the verdict was agaitist evidence. The Jury did riot consider the effect of the statute of frauds. They were bound, however, to tale the law as they found it, and Hot to speculate upon its propriety. Mr.• PFAIIIEATW4 observed, that the issue would perhaps be more fortunate before a third jury. The ISlsmot of the RoLts.--It would be a new case, after three trials, to refuse to act wording to the will ; but if ii were not a new - ease, - Fuertainly would refuse to act upon it. It is clear to demon stration that the will is lint valid according to the provisiomi of the statute of fronds. Every Judge who has had to consider it, is orthe ealtiC opinion; still, however, it would be very awk%ard to destroy the will agsinst three verdicts; COURT OP KING'S BENOIT, Nov, 13(L WIIAON SNIVIV. This was an action by Mr..Vilsein, a coal-Mer. chant,' in Sontb Moltariostreet, to' recover the price of a cluddron of coals supplied tolliza Ann pm , miaow! Bitty thi the' wife or t defendant. Mr. Guntsek (with whom was Ntr. Busily) stated that the defendant, Mr. Willitun'Henry Carmichael Lroyth, was a gentle Man who formerly held a Nero; the' oftiae in the Exchequer. He. seine time ago re.' tired from it on a pension, of which he was now in the receipt. His marriage with hie present wife took place in the year.,1822. Early iir the following year differences arose between them, and the lady, who complained of his ill treatment to'her, left his reef for a short time. Soon After her return he minted her tohe confined in a mad-house - as insane. film was liberated in the cour se of a few days, anti family left- his house in the year 1824. The ',ranted Counsel said he mentioned these circumstances be cause, as the credit of the coals were given to the wife while she was Hying apart from her husband, she having voluntarily left Ins roof, it vies necessaty, in . order to entitle the plaintiff to recover, to slinsv that she had good cause for leaving. He shonld prove that she left the' house in consequence of the defendant's gross ill usage of her ;. that the defendant frequently beat her, deprived her of food, and super seded her place in the house by another femsle,who acted as housekeeper. Mrs. Smyth bad continued to live separate from her husband from the year 1821 to the present time. Proceedings, on her part, had been Instituted at Doctors' Commons. They were continued till May, 1828, when, on a negotia tion between the parties, and an offer on the:part of Mr. Smyth to allow his wife lOU a year if she would retire to America, they - Were put an:end to.. Mr. Smyth had since withdrawn from his olTer, and his wife had, on many occasions, during the last six years, been in a state of absolute want. The 'Anima's carman was called to prove the de. livery of the coals to Mrs. Smyth, at No. 45, Upper Berkeley-street, in March, 1829 ; but the defendant, who attended to conduct his defence in pet son, said he would adMit the delivery, and the price of the coals, and also that he was of ability to pay. John Connor gilded that he went into Mr. Smyth's service on the 14th of Februaty, 1824. Mrs. Smyth, who had been away, returned on that day. Mr. Smyth at that time lived in Sloane-street, Chelsea. He had a housekeeper, named Judy Neill, and a young woman as maid=servant, named Betsy Miller. Mr. and Mrs. Smyth slept together for the first three nights, after which they quarrelled and bad se. parate beds. Mr. Smyth used to sleep in the back parlour, and Mrs. Smyth up stairs. Witness used to go to Mr. Smyth's room about nine o'clock in the morning, and generally found Mrs. Neill there. Mr. Smyth was in bed on those occasions. Saw Mrs. Neill sometimes on the bed, outside the clothes. On one occasion, when witness was going in, Mrs. Neill stopped him, and called out—" Don't come in, John; I'll'bring your master's things." She acted as mistress of the house, and kept the keys. Mrs. Smyth was kept up stairs. Witness's orders were not to let any one in or out of the house, without Mrs. Neill's approbation. The witness went on to trete, that on two occasions Mr. Smyth struck his wife with his fist; that he shook and pinched her at another time; that he set a ferocious dog at her; that once, when she complained that some hash was sour, he drove her up stairs, and refused to allow her to haVe any thing to eat; that the custom was to send up the ten-pot to her after every one else in the house had . done with it ; and that Mrs. Neill was in the habit ,ef saying, in the presence of Mr. Smyth, that that was -good enough for the the —•prostitute. Twice the servant was ordered to give her only an inch of candle. She was allowed very little fire, and sometimes none at all. On his cross-examination by the defendant, the witness stated, that Mrs. Smyth left the house soon after he quitted the defendant's service ; and he went into her service in St. James's-place, and con tinued to live with her for three or four months. She afterwards went to live at a boarding-house in Pauton-square. The defendant put several questions to the witness for the purpose of showing that on the occasions when lie saw Mrs. Neill in the bed-room with the defendant, he (the defendant) was ill. The witness, however, denied that he was aware . of any illness; but he admitted that the defendant used to he shaved in bed, and to have his breakfast brought to him there. On being pressed to say whether he did not lotow that the defendant waa unwell, the witness said, " You told me yourself that you were mad." Do you think I am mad P— I thought so then. Do you think so now ?--I have 110 right to think about it. Did you ever bear me say that I bad had a fall from my horse 'e —Yes, and you said you had been deranged in your head ever since that time. You said you were mad, and you believed others thought BO (00. Did you ever see any indecent familiarities be tween me and Mrs. Neill ?—I thought it rather in decent to see her with her knees en the bed, and her face close up against yottrs, your wife being kept up stairs ut the time. Did you ever see me kiss her P--No. Was Mrs. Neill handsome ?—She was very well; red and comely looking. • In answer to another question, the witness said he believed that Mrs. Neill was addicted to drinking. Do you really believe that I had any criminal in tercourse with her ?—I had .0 suspicion of it. You swear that, by virtue of the cross ? 7 -Yes; had a strong suspicion of your doing it.—( Laughter.). Did you ever see Mrs. Neil's face and mine touch.? —I can't say I did; you were only close together. Did you ever communicate your suspicions to Mrs. 'Smith ?—No ; she . first mentioned her sus. picions to me. " Don't you remember (continued the witness) one ntorning she came down stairs and carded Mrs. Neill in the bed-room with .you ?--- (treat laughter.)—Mrs. Neill said, ' that -- - hits come down stairs ;' and don't you recol lect, utter that, that you locked Mrs. Smyth in her room up stairs ?"—(Continued laughter.) The defendant proceeded to ask the witness a great many questions as to expressions supposed to have been used by him, to Which he either gave a positive denial, or said be did not recollect. Lord TENTERDEN, observing that the examination into these matters was running to a very great length, said he supposed the defendant meant to call wit nesses to contradict this man Connor. The defendant said he thought he should be abkir to show here, as be had done in the proceedings at Doctors' Commons, that the witness was wholly un worthy of credit even on his own statement, lie could not call Mrs. Neill to contradict him, for she was in her grave--killed by these proceedings ! • Witness—Killed by whisky, I believe ! The defendant—Now, I ask you, by virtue of the oath you litiv•e taken in the presence of your Maker and your Redeemer, whether you did not on some one occasion say to Mrs. Neill and Betsy Miller, or in their presence, that you had never lifted a hand to your wife ; but, your rags, if she was like mine, you would either end her or mend her ? The ‘ritness appeared. quite astonished at this form of question, and declared positively, that he never used such an expression, or any thing to that effect. Were you ever in her bed-room when she was there ?—Yes ; I whs sent there by you. Were you ever in her bed-room when she lived at Houghton' ?—Yes ; she ,was uuwcll, and I- took her some medicine. On those occasions when you was in her bed room did she ever ahk you to scratch her back?-•-- (Qreat laughter.)--No. Did you not hear her . say, ouce, in th e p resen c e of Mrs. Neill, that tihe knew I would not touch ,the finest woman in England, as I was too fond of her ? —Wittiest (laughing)—No. The witness went on to state, in 1113Wer to some further qUettiont, that afar Mrs. S myt h l e f t t h e defendant's house, he (the witness) wait in the habit of walking out with her as her servant ; and that on some occasions, when it rained, he held fte utubritll4 over her head, and she took him by the arm. You were quite close together On those occasions? ....-Yes; quite close._ Quite RS close us Mrs. Neill and I wore when you saw us in bed together ?—No; not quite so closee•-• (Laughter.) Did I treat you with contempt or not ?—No. What l did I not, when you came to my house with a message' from my wife, send y ou away w i t h a flea in your ear, and call you a blackguard ?—Mir. Smyth sent me for some things of ber's ?• and you, seid, if over I took the knocker of your door in my " would punish m e . I VVe a 41 lfa;4 you would I not also call you a blackguard ? —You might, certainly, for it Wilt 'a word that was familiar to you.—(A laugh.) The cross.examination of this witness was eie 7 tended to a very great length. The 'principal quilt, (which we g i ve us a s ti p o e t e nt irr i i t e t i a i d o c r li t t l i t o e n .w t h o ote t ) ll ::r ea e b i o in v e e d to expressions sup" posed to have been used by Mrs. Smyth, Mrs. Neill, the defendant, and the witness, on different occasions. The object- seemed' to be to falsify the iiittleSea SVidollea in Chiefiendtoshow that he was As fo r as W S conid altogether unworthy of judge, however, he answered all the questions fairly, and there was nothing to impeach his credit. Richard Maybank, watch-house-keeper, at Chel sea, stated that in 1821, in consequence of a mes sage from Mr. Smyth's house, he went there on one occasion, when he found Mrs. Smyth on her knees in the front room, crying very much. Mr. Smyth was standing by her side, and there was a pistol on the table. Mrs. Smyth complained sadly of the ill-treatment which she said she had received from her husband. She was requested to go up stairs, but she said she dreaded being again locked up in the room there. With a deal to do, she at last went up stairs, and Mr. Smyth locked her in. Cross-examined.—This was before she was put into the mad-house. Do you know which party sent for you ?...-No; the person who came said you were ill-using your wife and killing her. Did you not think her mad ? No—l thought her like all other women. Do you think all other women mad ? No—far from it, I thought you mad. The defendant then addressed the Jury. lie said he had five good and sufficient defences to the action.—(A laugh.) He should show, first, that the debt was contracted wkile his wife was suing him in the Ecclesiastical Court; secondly, that alimony had been regularly paid to her under a decree of that Court; thirdly, that at the time the credit was given, she was living separate and apart from him, without any justifiable cause; fourthly, that he had paid her regularly an adequate maintenance, suitable to his means and station ; fifthly, that coals were not necessaries. —(Great laughter.) lie then en tered into details, and called witnesses to support hie case, when Lord TENTERDEN said, as it now appeared that the credit for the coals was given during the time thitt the defendant was paying alimony under a decree of the Consistory Court, he was of opinion that the action was not maintainable. The plaintiff was than nonsuited. The ruse occupied the greater part of the day. SF.CONDAIIIILS OFFICE, Nov. 30. BREACH OF .PROMISE OF MARRIAGE.---RUSSELL V. WADR. The following case, which was tried before Mr. PurrEit, excited a great deal of interest. It was upon a writ of inquiry for the assessment of damages for a breach of promise of marriage. The damages were laid at 1,0001. Mr. 0,31.1 t, solicitor to the plaintiff, also acted as Counsel: and Mr. CHARLES PHILLIPS wus Counsel fur the defendant. Mr. OGLE stated the case for his client. She was the daughter of a respectable woman, who kept a lodging-house, in which the defendant, a painter, resided. From the moment the defendant entered the house an intimacy commenced between him and the young lady, ;and they soon became pledged, to each other as man and. wife. The defendant ap peared to be most sincere in his attachment, and that the young lady was sincere, and had the most unbounded reliance upon his honour, was unfortu nately proved by the result of the intercourse. The defendant had, or pretended to have, a curious fancy about him with respect to issue. He seemed de termined not to marry any girl until he ascertained whether she was likely to have children or not, and the proposal of an experiment was accepted. The matter was decided in the affirmative. The young lady's conduct, in this instance, had for authority the ancient and well-known practice which subsisted in Wales; but the defendant, although he admired the Welch custom p reparatory to the indissoluble tie, was satis fi ed with the test he had received, and married the daughter of another !tidy to whom he became a lodger. The plaintiff's feelings, upon the occasion, were tortured in the extreme. She ha , ' always borne the most excellent and irreproachable character, and was now the mother of a child of which the defendant was the father,, and which, in stead of proving a source of unalloyed happiness and comfort, reflected disgrace upon the unfortunate young lady. Mrs. Hannah Reale% mother to the plaintiff, knew defendant about six years. He had 21. a week as journeyman to a Mr. Lush y Law, a painter, and also did business for himself. He came to lodge in her house, and an intimacy at once sprung up between him and her daughter. In March, 1828, she found that her daughter was pregnant, and was told by her that defendant was the father. Be fei.dant ellbcontinued his attentions a month after wards, and had since married the daughter of an-1 other landlady. Witness's daughter was confined on the . 6th of October, 1828, and had suffered greatly in her health in consequence of this cruel treatment, had always maintained an irreproachable character, and was greatly attached to the defendant. She had never been flighty or guilty of levity: , Mr. OGLE asked witness whether her daughter had not lost an advantageous offer, by. this calamity. " Yes," said the witness, " a Mr. Bacon would have paid his addresses." Mr. Pittuit , s objected to this question, us well as to many others, which Mr. Ogle, from a want of experience, naked, in opposition to the rules of evi dence. The witness, upon her cross•exarnination, stated, that when the defendant lodged in her house he was a journeyman painter, and that he was paid by the week. Mr. PntutPs—When did your . daughter tell you that he intended to marry her l—After I' investigated the affair of her being in the family way. Were you present when the defendant told your daughter why he would not marry her ?—No. Did she not swear the child to him before the parish officers —Yes. I was unable to keep the child, and he paid 3e. 64. a week for its support. — My daughter never made any' claim upon him for money to my knowledge. I have that confidence in her to believe that she would have communicated it to me if she bad made any claim. Take care, my good woman, what you say. Did you ever see a letter in which she asked him for 600 —Never. " What ! not that letter ?"—(llanding a letter to her.) Witness looked at the letter, and after a little hesitation she admitted it was her daughter's writ ing. She also ,&d, upon being pressed by the Learned Counsel, that she meant she never heard of a claim that came to a settlement. The defentlint had paid 51. for her daughter's coniinetnent, and W. for things for the baby, independently of the weekly allowance. Mite Elizabeth Russell,. s i st er to the plaintiff, stated,' 'that the defendant Went to reside et her mo ther's house in 1824 , or 1826. She had beard him say he CQukil earn l,t. is tiny. After he lied deserted her sister, witness asked him his reason fur doingio; anti he veld he• had "no reason,'.' lie never said any thing. to .the.disparagensent Air , bie slater on the occasion., 114-mentioned. that lie hid 001. in a sari. bugs'. bank. Witness never saw her sister allow any one to take improper liberties with her, When she 'charged the defendant with being the father, he said he was very sorry, but he would nut come to any agreement.—(A laugh.) This witness was cress-examined upon some minor points, and it appeared that she had said a great deal,upun mere hearsay. OuLtt,then examined witnesses to prove amongst wher things that the defendant was owner of a house of considerable value, 'and failing in that object, he stood' forward himself as a witness,' very much to the 'astonishment' of Mr Phillips.. Mr. Quits deposed, that the defendant three or four dayi ago offered, him-401. in- settlement of the action. The offer was:titieetitlitional. Defendant. m said, that the circustances.were very bad for him e l-• that, he knew he behaved very ill to the -youn g ‘votnati;—•-that be had promised her marriage, and 'not petformed his promise, for he fanried.she had 4 c .,, e0 . guilty of levity,--thet :he wished to, settle the action, but !his circumstances, were indifferent, and that be would give 404 together with costs. Wit. nese, would Defenduni then auk! he' would takethcbenefit of the lost:dyer's Act; Witness tad hiM , be. uritierst mad th a t h e h al t_ a hOtilt worth - a considerable ,attest; to eehirh he re, ~::~.~. plied that it was worth 600/., but that it was mort gaged for 500/. Cross-examined—Pray have you kept any thing back in kindness to the defendant ? Mr. Ogle—No thing, upon my honour. Did you tell him that you would use every word of this private communication against him ?—No, I did not. As you come forward yourself in such a manner, your object is, I ,suppose, to enhance the damages ? —I most undoubtedly wish to enhance the damages. Prey, is it your custom to he t information from parties, for the purpose of g►ving evidence against them l—Nn, I should scorn to do any thing of the kind. Oh ! then, it was because you failed in the evi dence you produced, that you offered your own ? Certainly it was. Mr. l'ututPs—Upott my word you have dia. tinguished yourself us attorney, counsel, and witness. —(Laughter.) Mr. OGLE complained of want of courtesy upon the part of Mr. Phillips. In the course of the cross examination, which was excessively severe, but upon points of no public in. serest, Mr. PHILLIPS asked the witness whether he did not know that in the Secondaries' Court if a far thing damages ware given, the defendant would have to pay the costs ?—Mr. Ogle replied that he really did not know the fact. He had never once consi dered it. He must have read and heard of it 500,000 times, but he really never gave it a thought. Mr. Ogle's clerk was also examined, but nothing was elicited. Mr. PHILLIPS then made an able address to the Jury. He looked upon the case as a lesson to men on the confidence they reposed in o th ers; but he begged to be considered as totally excepting the general practitioners in the law from the rule he wished to lay down. An attorney had thought proper to undertake a cause in three different cha racters, and had also the mock modesty, after hav ing determined to try the experiment of a display in those distinct capacities, to claim the indulgence of the Court to his inexperience. Indulgence he cer tainly needed, for never had been formed so erro neous an estimate :Of the duties of any one of the 'characters he had stepped forward to perform. Had there ever before appeared an instance in which a gentleman of the law, finding that his witnesses were unable to prove all he wanted to prove, stepped into the box to fill up the d e f ec t s hi mse lf? To be lure, he had tried his clerk first, and that clerk had brought to mind the story of Tim Flanagan, who happened to be clerk to an Irish attorney, the terror of the poor, a man who charged 6s. Bd. for a look, and raised his price for a word in proportion. In drawing up his briefs, that worthy limb of the law regularly appended a note Gene " if the above is not enough, call my clerk Tim Flanagan.'--(Loud ' ; laughter.)—But the Tim Flanagan of this case had more conscience, and did not succeed in supplying the deficiency. Ile left it for his master, who had heard and read of a thing 500,000 times without knowing any thing about it, to do that.—(LaugL ter.)—The Learned Counsel then proceeded to comment upon the case itself. Mr. Porrot, in summing up, stated that there was no impeachment of Mr. Ogle's credibility, al though he certainly should have warned the de fendant of his intention to take advantage of the communication made to him. Thr Jury assessed the damages at 20!. LONDON FASHIONS FOR DECEMBER. (From the World of Position.) WALLING LAPPS. A high dress composed of lavender grey gros des ludes ; the corsage is ornamented both in front and behind with folds arranged el revantail ; the collar, which stands up round the throat, is cut reund in long sharp dents. The form of the sleeve is between the imbeciile and the demi gigot. Chapeau demi capote of the material of the dress ornamented on the inside of the brim with coquet of vapeur gauze ribbon ; a full nceud of ribbon to correspond is placed in front of the crown, and a tuft of ribbon. cut in the form of an artichoke ornaments it behind. Ilalf-boots of reps silk corresponding to the dress. RVENING DRESS. A figured blue gauze dryer; the ground is light blue. the sprigs' are dark. Corsage en coml. ; the earur is formed by a plain band of blue satin, from the lower edge of which *TOW of dents falls • over the bust, and turning back at the point of the shoulder, goes round the jockey. The sleeves are d l'imbecille of white gaze de sole. The skirt is trimmed just above .the knee with a satin band, also cut in dents. The eltemiseite is composed of blond lace, and a row of narrow pointed blond lace edge. the tour of the corsage. Heed-dress--a hat composed of rib bon gauze; the ground light, the stripes dark blue ; it is trimmed with white ostrich feathers and white gauze rib bons. Pearl necklace and ear-rings, Ribbon bracelets with pearl clasps. MORNING DRESS. A dress composed of tea green pros de Naples : thecor sage is made to set close to the shape; it fastens in front by a row of richly wrought buttons of the lozenge form, which descend down the front to the bottom of the skirt. The jockeys are very large, and open on the shouldeni; they are trimmed with a fall of embroidered tulle. Long sleeves of plain white gauze. The chernisette is also finished round the top with a full embroidered tulle, which falls over in the demi ficitu style. Head-dress-.-a demi cor vette of tulle, ornamented with striped ribbons. OPERA DRESS. A white satin dress, corsage uni, and teed sleeve; the corsage is cut very low, and is finished round the top with a tulle niche; a corresponding niche ornaments the bot tom of the sleeve. The hair combed entirely off the fore head, is arranged on the summit of the heed in a butterfly bow, the ornaments of the hair are a tortoiseshell comb with a very high gallery, which is placed immediately be hind the bows ; a knot of ribbon with ends arranged en tulips on the left side, and a wreath of flowers of various colours, and of surpassing beauty sod delicacy; brought round the summit of the head, and low upon the fore head. The mantle is of blue coutil de sole it is lined with satin to correspond ; there are tnoo collars; the first high and pointed, is of velvet bordered with' gold pa/an ; the other, as well as the pelerine,ii of the material of the mantle, it is large end square; the pelerine is excessively large, and pointed at the ends, We refer to our print for the embroidery its white silk, which ornaments the mantle, collar, and pelerine ; it is really a chef &more of the kind ; its effect is considerably heightened by the black stripes round the border. COSTUMES OF ALL HATIONS.-CHWESE. We present our fair readers with an exact representa tion of a daughter of the Celestial Empire, in grand cos tume. Our English belles,have recently adopted the Chinese coiffure, and the Parisian merveilleuses have bor rOwed their pantaloons ; whet would some husbands give if their wives would imitate the Chinese chaussure, that fashion would find warm partisans among all married men whose belpinstetere,givers to gadding, A short tunic, composed Of ponceau silk, is made to sit close to the' shape, the corsage turas over round the top in the shawl style, and displays a little, but very little, of the upper part of the bust ; the shawl part it faced with white silk, spotted round the edge with black. There are three sleeves ; the first is of ponceau silk, sod very short; the second, which is not unlike the ele phant sleeve, only that it is louger, is of yellow silk bor dered with ponceau, above which is a row of points edged with black ; the third is of whit e s ilk, en d s i ts c l ose to the arm ; he top sleeve is also lightly embroidered in black ; the tunic, made with a low boddice, which does not come quite to the knee ; it is cut round the border in lung tabs they are worked, and are surmounted by an embroidered border. The petticoat is of yellow silk, of ample dimensions, terminated with a ponceau roulests, surmounted by a rich border in black embroidery. White silk pantaloons, with a narrow, border of role colour ; they &ken round the stale, and the ends fall over the in step, so as completely to conceal 'the leg. The hair is de corated with is rouleau of potiptau silk ; it goes half way rotted the head, art l the ends form crescents, one en the forehead, the other behind. The knot of /lair is traversed hy.:a•. golden arrow, and surrounded by a poneeasi silk net.. `Die Cinderella-like slipper is of foie colour, tipped with white. (From dm Genileniales Mivoxise of Pashions, te.) A UORSIIIO MUM. A brown (pelt anti of Brighton hearer; it is male long n the [Appel ; the collar and lappets are nearly square; tin waist is rather longer than list month, and the hip 'buttons stand nearer together. The skirts are very full behind, and the steers ais moderatily puekeral. at the top,„ The waistcoat iy of kersitynett, with silk iriferwortfa floviirs, anal hound with a narrow block oak Vag The trowsers are fawn drab kentey, and out,aitaiwks only rather smaller at bottom than at thaillk4; the button with a fly in front. . i,r 1 AN armpit; DARSN•COAT. • The cut of this coat is as 1 40 , 1 4 m ti l e t heihks 101 ad• trait of across the bable at tap, and: at: Ihativahtraboi inch and a half. It it made withant Ilaps,(1101 &Oa. L t. rather full at tap ; the lappets ass lung in.itantlag um' collar short and falling on the shoulderiA:Theliteg l IL" cut to fit the arm, and are made without•pitalotte.....' shoulder. The waistcoat is of buff easbourie 101 l 6 " to button up rather high , The trawlers tuaddslo4.l" coloured kerseymere, fitting the loins 1 little at the knee; the width at the bottew Jcsellaten inches, and at the knee fifteen inches. ADDITIONAL NOVELTIES IN GEN 11E208 DRESSES, he. FOR DECgAffigilt lON. The most fashionable colours for drat* _PO $ 3l b l ue with small plain gilt buttons, and blue wel* congs::: Russia green, with gilt buttons; and darlt.o4l l l buttons and collar of velvet, same celintrA. For morning frocks, black sad blot, S ti r breasted ; collar of cloth, and buttons, the color of coat. Claret frock-coats are not tudisbiaa,4 l ,/ till should have velvet collars. a, I , GALLI' Coars.—The Brighton *Of 00 h... " 0 " -- - a b° worn ; they are made double.bressteda. Oh cos i er and pockets ; the collar and lappele:Ste / 4 " 11 ',Z rai11 ..4 great coats are made of nut-brown asperbe cw"'' --„," ' generally single-breasted, with e leettellint tito u r "4 of the coat. , •, i; . . . Motu NOvaLTIIS IN GAUT CO 4 A.l*-4.:111n' arel2 tu b. :aw rigi now become cold enough to givesn'impufte' I" um' "" fuhions, particularly to reditayotei 1 thorn do. too are going to cite appear to us to patent iota 10 0015144 which we shall endtavour to describe.. litalisOlba" consider worthy of attention is a rednnotriO i r a k. ; the colour is one of the new shades of ligh . i t' yl2 "'- a square collar with large lappels r 1e0 0141 1 1 " ° ,.....:3! they are edged with silk braiding' lbel OW_ .A.,... 11, ‘ 1 " ' the skirts are very long saver, wide st,thelleu"'",, ....2, The second redingote is in granite etashrblei " ~.'1 111" ;/ a schall, bordered, and trimmed before with 11 1 9 118 *" 7 braiding en chainette, tertninated,by olirrew ......, I ,`="-' 4 6)4 The third is a redingote droitecor.dorairil 004 with a collar and crane, of the mull orelstfka„'74 0 . with tresses a cordures pigseies d .yslid PlimoMik s o nt naented with nine of them 'Zest is called a /a oiousquetaire ; they am, nride_lallt. i . become gradually narrower towards, thfistio u r' 4 , Military redingotes, or pokisoisfseat ib q ~,,,„pide minately called, are composed of blue Slash; r44ll_g, 1 150:10sore quite tight, without lappele, and with s 000 0 !.. 1 7;, they fasten in front by gauges andadiveslAoo_,.. ; 4 and molted with silk braiding on the , obi' , 41 7 . , - e e,,lai ..__ the cuffs. . , . ...Jai& SO° ; IN Waistcoats for morning are of vir.•-- -- ~,,,onora Is cashmere shawl pattern it the most ; it also another artier, quite new, sad • , 01 ,Jho g oi warn). is called Swansdown Casinetteu h 41 "7,grer deem and is made of a variety of ohliowa..ito nigh waistcoats, waistcoats, velvets and silk hat er u7;11-Ssidore SO 0 1 fashionable area, and whits Autin! Ju -- , , ), where. ' ' '4 Ol I t Alm' kW' For morning truwiers our imilio"" --- ,,osokily isr" into their heads to choose au article ths r ' in oontAin it fiats's!' ; and, as if to make the.fashlotrek" boo ' 4 0 .0 mistake) to all that has ever gone trtfeer,„, llsor os s o ertiele the back and white checked woobPero l os; it is generally used for lining gentlemen's ttavral!sloolvod. very coarse, and the petters' is black lad Wr,dol, drat This is quite enough to convince dot meet, MI - 10 00os there is no accounting fur turns which 's ite bs thinks well to indulge in; however, thelit‘7, coning very general. • ;;,,,' ii so. setire A gentleman who devotes a great dolor vvroe good fit of his clothes, has adopted the fol7„,r000ll of adjusting his dress r--Ile wears an e lastk drZ it; oi of a buckle at the back of his trowser s Pit 18 175 0 a,1tt in order that the coat shell set close when . ii"r , fastens it with a hoot' and eye to the waittroo! „, i s are Oar dandies substitute a velvet.collsr foe a elia' morning, and one o f spotted m est uslin in the 0070 4 , Boots and sho es are no longer quite 00 ~ i the angles are a 1itafe.......0undeteiv.......... „. ROYAL SOCIETY. ELECTION FOR SIDENT. PRE (Concluded from our Paper of yesterdoP) . , The ballot having closed, the scrutineers, Mr. Che e ,''',' and 0 4ers, proceeded to impee.t the cantons of Ill* ''''' lotting &sloes, and during the time they were dolt 'w ed* pied, the most intense anxiety prevailed. diva previinitte four o ' c lock the scrutineers cone forward, and Mr. COO. try d e clared that the election had fallen on his Royal 111 rs nese the Duke of Sturve%. G reat c uriosity wa s evin t o learn t he numbe 0 .ott ers' report it appear s.' each side. F ro m the scrutine G ced there were— For hit Royal nighllcil the Duke of Sos.se% ..... ......,,liiii/ For sir. Hersetwi .... ... i ........ . .............. ... . . ...--;.... lelaiortre ... bis Itotal niftiness Ow 9 Iliked sossex..., ....... ...... t","" do- Immediately after the annountvinent WAS Our, 0 ~ tution w • d • his It filibotal vet"' as appoutte to wait on -, the result of the election. t • f sud Mr. DRIVIES GILBERT addreised the ul j et ,, j(l-' eon' the Society.fer the honour that 10" '::),.io), erred upon, and the kindness intnifottil Pe t , to 0 .. during the last three years he had exetted hittue,h 1 tno..e the cause of science and the good of the it Ir. Davies Gilbert took leave of the Fellow., Oa 'cordially greeted. WOO 111 Sake/. i las The election room during th e whole i1aY.,1:4 0 t h e mt animated scene. 'fliers Wad preient Pr ' . , I ng o thers principal learned men in the tnetrnpolis, eoa in" )Ir. . k COPer' Dr. Lardner, Sir E. Ceidriugtoo, Sir .-. . . Brodie, &c. c il as others .In the evening the Members of the Coll° where dleed tegether at the Crowa and Anchor raved' ' splendid dinner tv gr at:frr:d 1 1 „... ) . ......00, COTTON W OL O. . LI ST Of WORTS AI4D 00.0 • iiy T u., ~ h. ~..„....... Year' ..- 'lfliair gi b (Sl .c, 1 ) ' , 15. i , Sane I. Ltverpoo u l llans,&c. Pleift,oo London .lbuba 021. n." llt• -- 40. tad 50,tr0. 1 t,14. mcneLPieF r iod o 8:1ti:643., ...8...y....;;;0'"165 :1.1.6.:' riots csuo ... tiF A VI I I P P:in— r ig ese as:ui n u'Av ted ut;k7 t ngr h : :l a n Tlib be iciee li rPl e a s ultitti t e: o rlsir l o i uf s iflivt°}l:'s.idi.l";;:l:tu..:ll;;'liP:c4o:l::::::it;l:°::ii Istblhumeatime,wtlioltahntoseunfacctit,h4nOetfilbtr:iels::tastnanpapecYon:evit:otrf fvost"itiiabui:tl3:l:ol4ovjtdr.'lltiff:re:otshipt:ir::::t7l:: c na bc po tr od e t re t r i i Y d apsi r tb a k :w f ulnsto t n a be wid) o yile f l id ' re a gi b e a r d theft n } a ia n w o y f er g , nil r t :d le ,:o l t '...- 1 l i w :t , t ' i s n' i l t; t' sit r t ch' i r : A , dnd S /C 1 ore arh 1 14 hoo write, lecture, utefrr t sea t j huo" dtyg n ,e t , e w n aht o nO looalhi:iklse 0_ Junt.tri natitre, not - ~. ot., 411:414 termer, deny, hut still posh or at"'" I v oos .3._..,,d, to their great entl—power or wealtli--00 pro, the t" thin our mo.t vicious, most glorious Inetrqd, 04'04 great hot-bed of exaggeration,' if tintuillt) (') irlront ::o . ti - " ;h1: ): e urt, ' hole a and tic dordoureux. We have be this c . ..104 its one end of the hook to the oter, And bsve es7i e t fo It° kii_nird (eery point of it, sad pronounce it i s wheilbint,iirEytei:e'ri.otiiigfe'raltt,lit'ihelitelti_iao:streru'rig: :oil,: totliirt;itte:tre,i°s,bbr:4ll...,illl.:ill:oo,4,(o3":lci: -............*.-41,..".” . ....,.....-......-........,...., ..--............-.....-.."---.... 4ej ' BJWINS. lo f 1 ,1)1 °ll the 218 d eihta e : * oke • tbe.l-adir of (3 1 ' °rt g lete 114 ' a ---": of (on):l3tti.l4h.lee 9th229 t b n u ° I I :t.. atatist'eC4SOiatadilytPt4nwitolg'f°:teenVl,rieir°llyrieler:3Y.c'4.lll; ) 1 r l : , P : 411 0 1: : e re I:4' iffi' rii) fir l i o s .f ad o ad t u i t a :Ta l 41 te r t h e h t i r i a . Sfh daughter. ui t.at Ilaadngc, tbe 1 • 41 d ' r I" r:l'''' On the 90th ult. autidepnliyFi), lienry VlT4lttr,ll3°ol•4.l*lriB son of the- Right lieu. Lord T 01403007 g" - A gor and d Op ie lZ 11:7711th:it. at Cheltemhapt, Agio'ral 14441"1.1; 1.. tagu, Admiral of the fted. , s al ' On the Stith ult. William Lerma, occin'' - , ' .1 '411 11s h; etFL::Yei°lritrisrli:tr:ltl'oErr:liks9rglt. ibla'nur.ti°stif,;itlruelartP;Ptit;,°PritiPiergleditaLiViarasl7°l3ll4l-5p1iP::1“:41646.' 1: . 1.'91 ' .' :f rsolu P#44 Clietor, county of Leitrim, -. ' ic - 1 00;,ki PSINTYTe axn PUSLISSEP SY Alt r/W‘' INO IIS 'SS Suri ()riles, 119, fitsVith